1. Definitions
1.1 Buyer - means the person
who accepts a quotation of the Seller for the sale of the Goods or agrees
to buy the Goods from the Seller. ‘Conditions’ –
means the standard terms and conditions of sale set out in this document
and any special terms and conditions agreed in writing by the Seller.
Contract - means the Contract for the sale and purchase of the Goods.
Goods - means the tiles and other products (including any instalment
of the Goods) which the Buyer agrees to buy from the Seller. "Order"
- means the order in writing by the Buyer for the Goods. Price
- means the price for the Goods excluding (where applicable) carriage,
packing, insurance and Value Added Tax. Seller - means VersaTiles Unit 2
, Low Cocken Farm
, Plawsworth
, Durham
, United Kingdom
, DH3 4EN
,
, Tel: 0845 652 653 0 Writing - including cable, facsimile
transmission, and comparable means of communication. 1.2 Any reference
on these Conditions to any provision of a statute shall be construed as
a reference to that provision as amended, re-enacted or extended at the
relevant time. 1.3 The headings in these Conditions are for convenience
only and shall not affect their interpretation. 2. Conditions
Applicable 2.1 These conditions shall apply to all contracts
for the sale of Goods by the Seller to the Buyer to the exclusion of all
other terms and conditions including any terms or conditions which the
Buyer may purport to apply under any purchase order confirmation of order
or similar document. 2.2 All orders for goods shall be deemed to
be an offer by the Buyer to purchase Goods pursuant of these Conditions.
2.3 Acceptance of the delivery of the Goods shall be deemed conclusive
evidence of the Buyers acceptance of these Conditions. 2.4 Any
variations to these Conditions (including any special terms agreed between
the parties) shall be inapplicable unless agreed in writing by the Seller.
2.5 Any typographical, clerical or other error of omission in any sales
literature, quotation, price list, acceptance of offer, invoice or other
document or information issued by the Seller shall be subject to correction
without any liability on the part of the Seller. 3. Contract
3.1 Contracts with the Seller shall be for the supply of the Goods.
3.2 Each contract between the Seller and the Buyer shall consist of the
Order, the Conditions and such other express terms as the Seller and the
Buyer shall agree in writing. 3.3 In the event that: the
terms of the order are in conflict with any of the Conditions, the Conditions
shall prevail. the express terms of a Contract are in conflict
with any of the Conditions, the Conditions shall prevail. 3.4 The
buyer acknowledges that he has not been induced to enter into the Contract
by any representation made by or on the behalf of the Seller other than
those contained in the Contract. 4. Quotations and Prices
The Buyer will be invoiced by the Seller at the Sellers price ruling
at the date of the despatch of the Goods. 4.2 Prices quoted in
the Sellers quotations or price lists: a) are those then current
and shall not be binding on the Seller. b) do not include Value
Added Tax or any other tax, levy, duty or surcharge whether imposed before
or after making the Contract. 4.3 Smaller orders. Minimum order
value £100 exc vat. (Scotland deliveries £150 min order)
4.4 Subject to paragraphs 4.4 and 4.5 prices include packaging and are
consigned free and carriage paid to the Buyers address (as appears in
the box marked Buyer overleaf). 4.5 Packaging and postage or carriage
will be charged extra where the Goods consigned by the Seller by post,
rail, road freight or by special delivery. 5. Catalogues
etc. Any description of the Goods appearing in the Sellers
catalogues, brochures and other publications is believed to be correct
and current but is not warranted by the Seller. In so far as any such
publication has been compiled from information supplied to the Seller
by any manufacturer or supplier of any such goods the Seller accepts no
responsibility for the accuracy of any such description. 6.
Designs The specifications and designs of the goods (including
copyright, design right, or other intellectual property in them) shall
be the exclusive property of the Manufacturer. The Buyer shall not copy
nor cause to be copied or reproduce nor cause to be reproduced such specifications
and designs. 7. Specification and Material
7.1 All Goods manufactured and supplied in accordance with the Sellers
designs and specifications current at the date of commencement of manufacture
of the Goods. 7.2 Glazed tiles will be supplied in accordance with
British Standard 6341, Part 9 and floor tiles in accordance with British
Standard 6341, Part 6 and EN176. Glazed tiles and floor tiles are supplied
in accordance with British Standard 5750. 7.3 Goods will be made
from the Manufacturers standard materials but, if for any reason, such
materials are unavailable, the Manufacturer reserves the right tosubstitute
the most suitable alternative that can be obtained at the time of the
manufacture. 7.4 Some variations in size, shape, shade and pattern
are inherent in the manufacture of tiles and the Seller accepts no liability
therefore. 7.5 Tiles supplied by the Seller are not guaranteed
against crazing. 7.6 The Seller may from time to time make changes
in the specification of the Goods which are required to comply with any
applicable safety or statutory requirements which do not materially affect
the quality or fitness for purpose of the Goods. 8. Warranties
and Liability Subject to the conditions set out below
or in these Conditions, the Seller warrants that the Goods will correspond
with their specification at the time of delivery. 8.2 The above
warranty is given by the Seller subject to the following conditions:
The Seller shall be under no liability in respect of any defect in the
Goods arising from any drawing, design or specification supplied by the
Buyer; The Seller shall be under no liability in respect of any
defect arising from fair wear and tear, wilful damage, negligence,
abnormal working conditions, failure to follow the Sellers instructions
(whether oral or in writing), misuse or alteration or repair of the Goods
without the Sellers approval; c) The Seller shall be under no liability
under the above warranty (or any other warranty, condition or guarantee)
if the total price for the Goods has not been paid by the due date of
payment. Where the goods are sold under a consumer transaction
(as defined by the Consumer Transactions Restrictions on Statements) Order
1976 the statutory rights of the Buyer are not affected by these Conditions.
Any claim by the Buyer which is based on any defect in the quality or
condition of the Goods or their failure to correspond with specification
shall (whether or not delivery is refused by the Buyer) be notified in
writing to the Seller within 2 days from the date of delivery. If delivery
is not refused, and the Buyer does not notify the Seller accordingly,
the Buyer shall not be entitled to reject the Goods and the Seller shall
have no liability for such defect or failure, and the Buyer shall be bound
to pay the price as if the Goods had been delivered in accordance with
the Contract. Where any valid claim in respect of any of the Goods
which is based on any defect in the quality or Condition of the Goods
or their failure to meet specification is notified to the Seller in accordance
with these Conditions, the Seller shall be entitled to replace the Goods
(or the part in question) free of charge or, at the Sellers sole discretion,
refund to the Buyer, the price of the Goods (or a proportionate part of
the price), but the Seller shall have no further liability to the Buyer.
Except in respect of death or personal injury caused by the Sellers negligence,
the Seller shall not be liable to the Buyer by reason of any representative,
or any implied warranty, condition or other term, or any duty at common
law, or under the express terms of the Contract, for any consequential
loss or damage (whether for loss of profit or otherwise), costs, expenses
or other claims for consequential compensation whatsoever (and whether
caused by the negligence of the Seller, its employees or agents or otherwise)
which arise out of or in conjunction with the supply of the Goods or their
use or resale by the Buyer, except as expressly provided in these conditions.
Time shall not be of the essence. The Seller shall not be liable to the
Buyer or be deemed to be in breach of the Contract by reason of any delay
in performing, or any failure to perform, any of the Sellers obligations
in relation to the Goods, whether or not the delay or failure was due
to any cause beyond the Sellers reasonable control. Without prejudice
to the generality of the foregoing, the following shall be regarded as
causes beyond the Sellers control: a) Act of God, explosion, flood,
tempest, fire or accident. b) War or threat of war, sabotage, insurrection,
civil disturbance or requisition. Acts, restrictions, regulations,
byelaws, prohibitions or measures of any kind on the part of any governmental,
parliamentary or local authority. Import or export regulations
or embargoes. Strikes, lockouts or other industrial actions or
trade disputes (whether involving employees of the Seller or of a third
party). f) Difficulties in obtaining raw materials, labour, fuel,
parts or machinery. g) Power failure or breakdown in machinery.
9. Tiles to the Buyers Specification Where the
Seller supplies Goods to a Buyer in accordance with the Buyers specifications,
any addition or alteration shall be subject to an extra charge and the
Buyer shall indemnify the Seller against all damages, penalties, costs
and expenses to which it may become liable through the infringement of
the rights of third parties. 10. Delivery
10.1 All Goods supplied by the Seller shall be delivered to the Buyer
at the address specified in the Order ("the place of delivery").
The Buyer shall make all arrangements as necessary to take delivery of
the Goods when they are tendered for delivery. 10.2 Any dates quoted
for delivery of the Goods are approximate only and the Seller shall not
be liable for any delay in the delivery of the Goods howsoever caused.
Time for delivery shall not be of the essence unless previously agreed
by the Seller in writing. The Goods may be delivered by the Seller in
advance of the quoted delivery date. 10.3 Where the Goods are to
be delivered in instalments, each delivery shall constitute a separate
Contract and failure by the Seller to deliver any one or more of the instalments
in accordance with these Conditions or any claim by the Buyer in respect
of any one or more instalments shall not entitle the Buyer to treat the
Contract as a whole as repudiated. 10.4 If the Seller fails to
deliver the Goods for any reason other than any cause beyond the Sellers
reasonable control or the Buyers fault, and the Seller is accordingly
liable to the Buyer, the Sellers liability shall be limited to the excess
(if any) of the cost to the Buyer (in the cheapest available market) of
similar goods to replace those not delivered over the price of the Goods.
If the Buyer fails to take delivery of the Goods or fails to give the
Seller adequate delivery instructions at the time stated for delivery
(otherwise than by any reason of any cause beyond the Buyers reasonable
control or by reason of the Sellers fault) then, without prejudice to
any other right or remedy available to the Seller, the Seller may:
a) Store the Goods until actual delivery and charge the Buyer for the
reasonable costs (including insurance) of storage; or b) Sell the
Goods at the best price readily obtainable and (after deducting all reasonable
storage and selling expenses) account to the Buyer for the excess over
the price under the Contract or charge the Buyer for any shortfall below
the price under the Contract. Returns Policy - relative to unwanted
or over ordered tiles Due to the cost of haulage and the increased
risk of the tiles being damaged in transit, VersaTiles do not offer
a returns policy. We have a sample service at minimal cost to ensure you
are 100% happy with your choice of tiles made. By requesting a sample,
you have the opportunity to see the product before making the bulk purchase.
11. Shortage, Damage and Non-delivery No claim
against the Seller for shortage, damage in transit or non-delivery will
be entertained unless: (Except in the case of the British Road
Services parcel where notification need only be given to the Seller) shortage
of or damage to the Goods is reported in writing to the Seller and the
carrier within two days of delivery. Non-delivery of Goods is reported
in writing to the Seller and the carrier within three days of the date
of despatch as invoiced to the Buyer. 12. Non-acceptance
of Delivery If the Buyer fails to take or accept delivery
of the Goods in accordance with Condition 10 hereof, the price shall nevertheless
be paid in accordance with Condition 13 as if delivery had taken place.
The Seller shall be entitled to charge the Buyer for storage, insurance
and other expenses reasonably incurred or suffered by the Seller as a
result of such failure but the Seller shall not be bound to take any steps
for the custody or the care of the goods or be liable for any loss or
damage suffered by the Buyer arising there from. 13. Payment
13.1 Except where a credit account has been opened for the Buyer by the
Seller, payment of the Price and Value Added Tax shall be made, before
goods are released. 13.2 Credit account invoices are due for payment
on the last day of the month following that in which the invoice is dated,
or otherwise, as agreed. 13.3 Compound interest at the rate of
2 per cent above Bank of England Base Interest Rates per calendar month
from the date of the invoice is payable if demanded on all invoices upon
which payment is due. 13.4 Payment of credit account invoices by
their due date is a condition precedent to the fulfilment of the Sellers
further obligations under the Contract in respect of which such default
has been made or any other ontract then subsisting between the Seller
and the Buyer. 14. Passing of Property and Risk
14.1 The risk in the Goods supplied by the Seller shall pass to the Buyer
on delivery to the place of delivery. 14.2 Notwithstanding delivery
and the passing of risk in the Goods, or any other provision of these
Conditions, the property in the Goods shall not pass to the Buyer until
the Seller has received in cash or cleared funds for payment in full of
the price of the Goods and all other goods agreed to be sold by the Seller
to the Buyer for which payment is then due. 14.3 Until such time
as the property in the Goods passes to the Buyer, the Buyer shall hold
the Goods as the Sellers fiduciary agent and bailee, and shall keep the
Goods separate from those of the Buyer and third parties and properly
stored, protected and insured and identified as the Sellers property.
Until that time the Buyer shall be entitled to resell or use the Goods
in the ordinary course of its business, but shall account to the Seller
for the proceeds of sale or otherwise of the Goods, whether tangible or
intangible, including insurance proceeds, and shall keep all such proceeds
separate from any monies or property of the Buyer and third parties and,
in the case of tangible proceeds, properly stored, protected and insured.
14.4 Until such time as the property in the Goods passes to the Buyer
(and provided the Goods are still in existence and have not been resold)
the Seller shall be entitled at any time to require the Buyer to deliver
up the Goods to the Seller and, if the Buyer fails to do so forthwith,
to enter upon any premises of the Buyer or any third party where the Goods
are stored and repossess the Goods. 14.5 The Buyer shall be entitled
to pledge or in any way charge by way of security for any indebtedness
any of the Goods which remain the property of the Seller, but if the Buyer
do so all monies owing by the Buyer to the Seller shall (without prejudice
to any other right or remedy of the Seller) forthwith become due and payable.
14.6 If VersaTiles are requested to leave the tiles at the property by
the buyer, responsibility is that of the buyer once offloaded by VersaTiles
. 15. Instalments Where the goods are
delivered by instalments each delivery shall be deemed to constitute a
separate enforceable Contract. 16. Cancellation
Contracts and orders may not be cancelled by the Buyer without written
consent of the Seller. In the event of the Goods being returned to the
Company as a result of the cancellation of a Contract the Seller reserves
the right to make a cancellation charge calculated by the Seller based
on the costs of the Seller which cannot be recovered with a handling or
restocking charge. 17. Insolvency 17.1.1
The Buyer makes any voluntary arrangement with its creditors or becomes
subject to an administration order or (being an individual or firm) becomes
bankrupt or (being a company) goes into liquidation (otherwise than for
the purpose of amalgamation or reconstruction), or; 17.1.2 An encumbrancer
takes possession or a receiver is appointed of any of the property of
assets of the Buyer, or; 17.1.3 The Buyer ceases, or threatens
to cease, to carry on business, or; 17.1.4 The Seller reasonably
apprehends that any of the events mentioned above is about to occur in
relation to the Buyer and notifies the Buyer accordingly, 17.2
If this cause applies then, without prejudice to any other right or remedy
available to the Seller, the Seller shall be entitled to cancel the Contract
or suspend any further deliveries under the Contract without any liability
to the Buyer, and if the Goods have been delivered but not paid for the
price shall become immediately due and payable notwithstanding any previous
agreement to the contrary. 18. Non-assignment
The Buyer shall not assign his rights or liabilities under a Contract
made subject to the Conditions. 19. Waiver
Failure by the Seller to enforce a term of the Contract shall not prevent
the subsequent enforcement of that or any other term of the Contract .
20. Proper Law Contracts made with the Seller
shall be governed by and construed according to English Law and the Buyer
agrees to submit to the jurisdiction of English Courts.
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have links on our site to other sites which we think you may want to visit.
We don't vet these sites to make sure there is nothing in them that will
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remember that we can't be responsible for what you find there - good or
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7. We are committed to protecting your privacy when you visit or use
our site. Here is a summary of the personal details we may collect from
you when you visit or use our site, together with an explanation of what
we might do with those details:- When you order goods from our site -
we will collect details of your name, e-mail address, postal address and
credit card. We will use these details to process your order for goods.
When you select our secure server your credit card details will be encrypted
on their transmission over the Internet. When you enter our competition
- we will ask you for details of your name, e-mail address, postal address,
date of birth and, on occasions, some additional questions about you.
We will use this information to administer the competition in accordance
with its rules. If you win a competition we may publish your name (but
not your e-mail or postal address) on our site. 8. In the event
of any dispute between us, these terms and conditions will be governed
by English law and heard before the English Courts. We don't wish to seem
unfriendly, but if you do not want to be legally bound by these terms
and conditions, please leave our website. This site is owned and
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