TERMS AND CONDITIONS OF SALE
BETWEEN: Jerry and the Tilemakers (“JTM”)
AND: You (“the Customer”)
Orders for the supply of goods by JTM cannot be cancelled, except with the consent of and on terms acceptable to JTM.
Shade variation is inherent in ceramic and kiln fired products.
Ceramic tiles are not guaranteed against chipping, cracking, crazing, or breaking.
All natural products (including but not limited to sandstone, pebble, marble etc.) may suffer from imperfections, for which JTM is not liable.
Cash Sale goods will only be hold for a masimum period of 1 week, thereafter storage costs of $15.00 per day apply.
Risk in the goods passes to the Customer upon receipt.
All tiles should be inspected by the end user (Customer, Contractor, Tiler) before fixing as claims WILL NOT be considered, nor any liability admitted or accepted by JTM once the tiles are fixed.
Goods should be checked on receipt so that notice of any short delivery of or damage to or incorrect goods must be given (together with proof of purchase thereof) to JTM within 24 hours of delivery. If this does not occur, then JTM is not obliged to give any credit, refund or exchange (as the case may be) for the goods.
JTM as the supplier, is not liable for any short delivery, incorrect calculations or estimates of goods which may arise through no fault on the part of JTM.
Credits will not be given on any discounted items or special orders unless damaged or incorrect. Credits for goods will only be considered by JTM if the goods are returned (together with proof of purchase) within 7 days and are of current stock line and batch. JTM may charge a 10% handling fee on all returns. Credits will only be held in store for 6 months.
JTM has the right to stop the supply of goods on credit at any time and in its sole and absolute discretion.
Until the goods supplied by JTM are paid for in full, the goods remain the property of JTM. JTM by its servants and/or agents may and where necessary, enter upon any premises or land (and the Customer grants such a right of entry) upon which any goods supplied by JTM are located, to retrieve and seize such goods for which JTM remains unpaid.
The Customer shall be liable to pay JTM’s legal fees and costs on a solicitor and own client basis as are incurred by JTM in recovering or attempting recovery of any debt from the Customer.
At the discretion of JTM on or before the supply of the goods by JTM to the customer, the customer shall arrange for the issue by a trading bank or other financial organisation approved by JTM of a Bank Guarantee in favour of JTM for the value of the goods supplied. The customer will, at all times, ensure that the Bank Guarantee is kept current and enforceable for as long as any moneys remain outstanding by the customer to JTM in respect of the supply of the goods.
For the purposes of this Clause, “Bank Guarantee” means an irrevocable undertaking by a Bank or other financial institution approved by JTM to pay the amount of money, owed by the customer to JTM for the supply of the goods, upon demand by JTM and containing such terms and conditions as are acceptable to JTM and which JTM may determine in its absolute discretion.