“Agreement” means the agreement by which you agree to purchase and we agree to sell the Goods.
“we” and “us” means The Yorkshire Tile Company, registered in England and Wales with company number 1181030, whose registered office is at Hill Street, Bramall Lane, Sheffield, South Yorkshire, S2 4SP. VAT registration number; GB 646776784. Website; www.ytc-tiles.com.
“you” means the customer.
“Business Sales” means a sale by us to a business; such as a trade, profession or professional body.
“Consumer Sales” means a sale by us to a person who is purchasing for purposes outside of their normal business and/or for their own use.
“Delivery Address” means the address at which we agree to deliver the Goods.
“Distance Contract” means any contract concerning goods or services between a supplier and a consumer under a distance sales or service provision scheme that makes exclusive use of distance communication up to and including the moment at which a contract is made.
“Goods” means the goods which we agree to provide to you on these terms.
“Delivery Date” means the date on which we agree to deliver the Goods to the Delivery Address.
“Price of the Goods” means the price for the Goods shown as exclusive of VAT and delivery cost.
“Total Price” means the price for the Goods plus any delivery cost and VAT.
2. ORDER AND SALE
2.1 You agree to buy, and we agree to sell the Goods at the Price (defined above) , subject to these terms and conditions.
2.2 Products which are not standard and are therefore specifically ordered for you or fabricated for you, must be paid for in full before the order/fabrication will be processed, and cannot be cancelled after the order/fabrication process has started.
2.3 When supplying non-standard product, you agree that the products are unique and any non-acceptance of the goods entitles us to the order payment, together with damages.
3. APPLICABLE TERMS, CONDITIONS AND REPRESENTATIONS
3.1 These terms are the express terms and conditions governing the Agreement.
3.2 There cannot be a variation or change to anything in this Agreement unless it is agreed in writing and signed by us and you.
3.3 It is your responsibility to check that all the details relating to your order are correct and to provide us with all relevant information relating to the environment in which the Goods are intended to be used and for their Delivery.
3.4 It is important that you check your measurements carefully. For tile orders, you should always include an additional 10% to allow for wastage to cover cutting, minor imperfections, shade variations and damage. These should be expected in purchasing stone and tile products. If you do not order enough, subsequent Goods may not be exactly the same as the original Goods, because the product may have natural variations or be manufactured in a different batch.
3.5 We can provide estimates of quantities of Goods but this will be based on general guidelines and the measurements which you have supplied. It is your responsibility to provide accurate measurements to ensure that the correct quantities of Goods are ordered. You should therefore seek professional advice as variations in surfaces and angles may affect the quantities required. We will not be responsible for any shortfalls or surpluses.
3.6 Where you are acting other than as a consumer, you confirm that you are not entering into this Agreement on the basis of, or relying on, any representation made to you by us that is not expressly incorporated into this Agreement in writing and signed by both of us.
3.7 As we have not carried out a survey or inspection of the installation site of the Goods, we cannot give any warranty as to the suitability of the Goods for that, or any other given environment. If you are acting other than as a consumer, you cannot rely on any implied or express representation, advice or information given to you by us that is not incorporated into the Agreement and signed by both of us.
3.8 We cannot be held responsible for circumstances beyond our reasonable control. This may include (without limitation) shortfalls at source, natural disasters and restraints or delays affecting suppliers or transportation to us. We will endeavour to notify you as soon as possible should these problems occur.
3.9 We will not accept responsibility for lost working time and associated costs and recommend Goods are ordered well in advance of any project start date.
3.10 In the case of Business Sales, you confirm that these are the only terms of the agreement between us and any provisions upon which you purport to purchase including those on any of your purchase order, or confirmation of order or similar documents or forms do not apply to this agreement between us.
4. DESCRIPTIONS AND SAMPLES
4.1 All descriptions, images (in both print and on the internet) and samples of our Goods are for the purpose of giving an approximate representation of the Goods only.
4.2 You acknowledge that the Goods can be natural and geological variations will occur in terms of colour, markings, texture, size and between consignments, which are beyond our control, or they could be manufactured in a different batch which can vary in colour, texture or size from batch to batch.
4.3 We advise you to view as much of the Goods as possible before entering into this Agreement.
4.4 You should be aware that some of the Goods are porous to some degree and should be sealed. Some may easily be scratched and/or be subject to natural pitting/chipping.
5.1 We reserve the right to change the Price by giving you notice at any time before delivery to reflect any increase in the cost to us such as foreign exchange fluctuations, alteration of duties, increases in the costs of materials and freight, and such like. If we change the Price and you are not happy with it, you will be able to cancel your order.
5.2 Although we try to ensure that all prices displayed on our website, in our promotional material or in our showroom are accurate, errors may occur. If we discover an error in the price of goods you have ordered, we will inform you as soon as possible and you will have the option of re-confirming your order at the correct price or cancelling it and receiving a refund in full.
6.1 For Consumer Sales, payment is required on placement of your order. Please note that we will not arrange delivery until we are in receipt of cleared funds.
6.2 For Business Sales we may offer you credit terms after carrying out credit checks. The amount of credit and the payment terms given are solely at our discretion and can be varied or removed at any time, for any reason.
6.3 Credit Account customers who fail to pay the Total Price on the due date will be charged interest on the Total Price from the due date until payment is made at a rate 2% above the base rate of HSBC Bank Plc on a daily basis.
7. DELIVERY AND COLLECTION
7.1 We shall endeavour to have the Goods delivered to the Delivery Address on the Delivery Date, but time for delivery is not of the essence of this Agreement.
7.2 We will often use an independent delivery company for which we are not responsible so we cannot guarantee delivery times.
7.3 The Goods will be offloaded at the nearest accessible point to the Delivery Address at the discretion of the driver, which may be the kerb side. The driver will not handle the Goods further.
7.4 Heavy goods deliveries may require your assistance to offload the delivery.
7.5 You must make us aware of any access restrictions or difficulties for a large lorry and you must ensure a responsible person is at the Delivery Address at the time of Delivery to supervise the offload and sign for the Goods.
7.6 The cost of delivery is in addition to the Price and subject to VAT.
7.7 If we are not able to deliver the Goods as a result of you not complying with your obligations under these terms, the Goods will be retained by the driver and you will be responsible for any re-delivery or storage charges.
7.8 You may only collect your Goods from our central warehouse by prior arrangement and only in a vehicle capable of being fork-lift loaded (unless otherwise agreed in writing). If you arrange transportation of the Goods, it is at your own risk and we will not accept claims for damage or breakages.