1.1 All product packaging are carefully checked before leaving the warehouse. Please remove all packaging carefully and inspect the products before installation. All claims for damages or missing items must be made within 48hrs from the date of delivery. Please Contact The Tile And Bathroom Warehouse Ltd either by phone 0119 770011 or by email firstname.lastname@example.org. If you do not contact us within 48hrs from the date of delivery we cannot guarantee a replacement or to refund any faulty goods.
1.2 Notwithstanding the signature of the Buyer - Installer on delivery, if the Buyer notifies the Seller within 48HRS of delivery that not all of the Goods have been delivered then the Seller will, upon being reasonably satisfied, arrange delivery of those Goods which have not been delivered but shall be under no obligation to do so, in the event that the Buyer does not notify the seller within this time.
1.3 All delivery times quoted are estimates
1.4 The consignee is responsible for offloading.
1.5 Whilst every effort is made to deliver Goods on the dates or within the periods mentioned in the Contract, such dates or periods shall be deemed to be an estimate only and shall not form part of the terms and conditions of the Contract unless specifically agreed in Writing by a director and in the absence of such special agreement the Seller accepts no liability whatsoever for any loss or damage howsoever arising which may be suffered by the Buyer as a result of any failure on the part of the Seller to deliver Goods on or within the times, dates or periods mentioned in the Contract.
1.6 Any liability of the Seller for non-delivery of the Goods shall be limited to replacing the Goods within a reasonable time or issuing a credit note
1.7 If for any reason the Buyer fails to accept delivery of any of the Goods when they are ready for delivery, or the Seller is unable to deliver the goods on time because the Buyer has not provided appropriate information or authorisations:
1.7.1 The risk in the Goods shall pass to the Buyer during the holding period.
1.7.2 The Seller may store the Goods until delivery, whereupon the Buyer shall be liable for all related costs and expenses (including, without limitation, storage and insurance).
1.7.3 The risk in the Goods shall pass to the Buyer upon delivery
1.7.4 We may decline to deliver if we believe that it would be unsafe, unlawful or unreasonably difficult to do so; or the premises (or the access to them) are unsuitable for our vehicle.
1.7.5 Delivery takes place either when the goods are loaded at our premises (if you are collecting them or arranging carriage); or when the goods are unloaded at your premises or address specified by you (if we are arranging carriage).
1.8 When palletised / bulky items are delivered by a third party carrier I.E Supplier of The Tile And Bathroom Warehouse Ltd or assigned Carrier, delivery service will be kerbside only.
1.8.1 Items delivered by The Tile And Bathroom Warehouse own vehicle can be delivered inside the property providing this has been agreed and signed in writing.
1.8.2 The Tile And Bathroom Warehouse accept no liability for decorative damage within the property whilst delivering.
2.0 Cancellation or Variation of Orders
2.1 You may not cancel the order unless we agree in writing (and conditions 2.3 and 2.6 then apply).
2.2 If the order is cancelled (for any reason) you are then to pay us for all stock (finished or unfinished) that we may then hold (or to which we are committed) for the order.
2.3 You may not cancel if we receive your notice after the goods have been dispatched; and
2.4 If you cancel the contract, you can have no further claim against us under that contract.
2.5 If installed it will be deemed that the model, colour or finish comply with the order and they will not be returnable or refundable.
2.6 No cancellation, suspension or variation by the Customer of any order accepted by the Company shall be valid unless agreed by the Company in writing and such agreement may only be given on terms which compensate the Company for any loss, costs, damages, charges and expenses thereby incurred by the Company, such compensation to be decided by the Company in its absolute discretion. In particular, the Company reserves the right to charge a 50% handling charge for goods which are accepted back into stock for credit, although the Companies claim in this regard may not be limited to this sum.
2.7 The Company reserves the right to cancel fulfilment of any orders accepted by it should a credit check on the Customers credit worthiness prove to be unsatisfactory to the Company in its absolute discretion.
2.8 We may suspend or cancel the order, by written notice if:
2.9 you fail to pay us any money when due (under the order or otherwise);
2.10 you become insolvent;
2.11 you fail to honor your obligations under these terms.
Waiver and variations:
2.12 Any waiver or variation of these terms is binding in honor only unless:
2.13 made (or recorded) in writing;
2.14 signed on behalf of each party; and
2.15 expressly stating an intention to vary these terms.
2.16 All orders that you place with us will be on these terms (or any that we may issue to replace them). By placing an order with us, you are expressly waiving any printed terms you may have to the extent that they are inconsistent with our terms.
3.0 Return of goods
3.1 We will only accept the return of goods from the Customer in exceptional circumstances and where the goods are part of our stock range, we cannot accept the return of bespoke goods. If we accept the return of cancelled goods from the Customer, take good care of all of the goods in your contract, as you have to send them all back in a saleable condition. You will be asked to pay for the return delivery. Returned goods will only be accepted:
3.2 by prior arrangement (confirmed in writing);
3.3 on payment of an agreed handling charge (unless the goods were defective when delivered); and
3.4 where the goods are as fit for sale on their return as they were on delivery.
3.5 Any agreed item for return to be in original manufacturers packaging and condition. Lost packaging or repackaged product including new tape will not be deemed returnable for credit.
3.6 Special order items cannot be accepted back for credit.
4.0 Pricing, discount and condition of sale
4.1 The Company reserves the right to alter the prices, discount rates and conditions of sale at any time without prior notice.
5.0. Warranties and Liability
5.1 Your product has been designed and tested to give you many years of trouble-free service
5.2 All manufacturers warranties vary and, in some cases, will require an online registration with the manufacturers website to qualify for the full term of warranty.
5.3 Their Warranty does not cover any defect, damage or malfunction in the product which is due to; failure to comply in any respect with the manufactures installation, maintenance or operating instructions; faulty storage, handling, installation or repair; mis-use; neglect; accident; abuse; or general wear and tear.
5.4 To ensure that the products provide you with the service that we expect, it is important that they are installed in accordance with the British Standard Code of Practice for Central Heating for Domestic Premises BS 5449 Part 1 and the British Standard Code of Practice for the Treatment of Water in Domestic Hot Water Central Heating Systems, BS7593.
6.0 Special Finishes for brassware & all metal based product and swatch chosen items on furniture
6.1 It should be noted that colours may also vary from colour swatches chips or RAL charts provided.
6.2 Special finish items require hand finishing and items may vary within a given collection.
7.1 Our quotations lapse after 90 days (unless otherwise stated).
7.2 The price quoted includes delivery (unless otherwise stated).
7.3 Rates of tax and duties on the goods will be those applying at the time of delivery.
7.4 At any time before delivery we may adjust the price to reflect any increase in our costs of supplying the goods.
8.0 Payment terms
8.1 You are to pay us in cleared funds prior to delivery.
8.2 If you fail to pay us in full on the due date we may:-
8.3 Suspend or cancel deliveries;
8.4 cancel any discount offered to you;
8.5 charge you interest at the rate set under s.6 of the Late Payment of Commercial Debts (Interest) Act 1998; calculated (on a daily basis) from the date of our invoice until payment;
8.6 compounded on the first day of each month; and before and after any judgment (unless a court orders otherwise);
9.0 Specification, Samples and Computer Aided Design
9.1 We cannot accept liability for failure of the goods to attain any performance figures quoted by the manufacture unless we have specifically guaranteed them to you in writing.
9.2 Heat loss calculation – Bar Pressure calculations – Flow rate calculations provided by The Tile And Bathroom Warehouse Ltd are for guidance only and we make no guarantees as to the accuracy of the calculation. It is the customers responsibility to have all calculations checked by your Architect, Heating Consultant, Tile or Bathroom Installer before ordering. The Tile And Bathroom Warehouse Ltd accepts no responsibility whatsoever for the accuracy of any calculations which are provided in good faith.
9.3 If we instruct a manufacture to prepare the goods in accordance with your specifications or instructions you must ensure that:
9.4 the specifications or instructions are accurate;
9.5 goods prepared in accordance with those specifications or instructions will be fit for the purpose for which you intend to use them; and your specifications or instructions will not result in the infringement of any intellectual property rights of a third party, or in the breach of any applicable law or regulation.
9.6 We are not responsible for the performance or suitability of goods manufactured in accordance with your specifications and instructions.
9.7 CAD (Computer Aided Design) is a service to help clients choose styles and ranges. The CAD service is a design tool and dimensions are for guide purposes. The Tile And Bathroom Warehouse Ltd accepts no responsibility whatsoever for the accuracy of any calculations which are provided in good faith. The installer must ensure they have checked their own measurements and calculations.
We reserve the right;
9.7 to make without notice any required modifications in the specifications of goods which we think necessary to conform with any applicable safety or other statutory requirements or where the goods are supplied to the Customers specification which do not materially affect their quality or performance.
9.8 to discontinue any of our products without prior notice
9.10 All samples supplied are for illustrative purposes only and remain our or the manufacturers property. All samples are to be returned to our office, carriage paid within one month of receipt unless we agree otherwise in writing.
9.11 We will make available on request information regarding the design, construction and installation of the goods to ensure that, as far as is reasonably practicable, they are safe and without risk when properly used. It is your responsibility to take such steps as are necessary to ensure that the appropriate information is made available to any person to whom you supply the goods or to whom you reasonably consider would require such information.
10.0 Force majeure
10.1 If we are unable to perform our obligations to you (or able to perform them only at unreasonable cost) because of circumstances beyond our control, we may cancel or suspend any of our obligations to you, without liability.
10.2 Examples of those circumstances include act of God, accident, explosion, war, terrorism, fire, flood, transport delays, strikes and other industrial or political disputes and difficulty in obtaining supplies.
11.1 English law is applicable to any contract made under these terms. The English and Welsh courts have exclusive jurisdiction.
11.2 If you are more than one person, each of you has joint and several obligations under these terms.
11.3 If any of these terms are unenforceable as drafted:
11.4 It will not affect the enforceability of any other of these terms; and if it would be enforceable if amended, it will be treated as so amended.
11.5 All brochures, catalogues and other promotional materials are to be treated as illustrative only. Their contents form no part of any contract between us and you should not rely on them in entering into any contract with us.
11.6 Any typographical, clerical or other error or omission in any literature, quotation, price list, or other document issued by us will be subject to correction without liability being incurred by us.
11.7 Any notice by either of us which is to be served under these terms may be served by leaving it at or by delivering it to (by first class post or by email to email@example.com) the others registered office or principal place of business. All such notices must be signed.
11.8 No contract will create any right enforceable (by virtue of the Contracts (Rights of Third Parties) Act1999) by any person not identified as the buyer or seller.
11.9 The only statements upon which you may rely in making the contract with us, are those made in writing by someone who is our authorised representative and either: contained in our estimate (or any covering letter) and not withdrawn before the contract is made; or which expressly state that you may rely on them when entering into the contract.
11.10 Nothing in these terms affects or limits our liability for fraudulent misrepresentation.
12. Installation and Fitting
12.1 The Tile And Bathroom Warehouse Ltd at times are recommended by a client’s Tiler / Installer. The Tiler / Installer is not attached to or employed by The Tile And Bathroom Warehouse Ltd so any grievances with installation has nothing to do with the business.
12.2 The Tile And Bathroom Warehouse Ltd will supply names of local Bathroom Installers and Tilers. The choice of Bathroom Installer or Tiler is totally at the client’s discretion. Any grievances with the installation has nothing to do whatsoever with The Tile And Bathroom Warehouse Ltd.
13. Our Details
Our business’s name is: The Tile And Bathroom Warehouse Ltd. Our business address is: The Tile And Bathroom Warehouse Ltd. 6 Eldon Way, Eldon Wall trading Estate, Bristol, BS4 3QQ
Our VAT registration is: 264 677 075
Our contact details can be found here: firstname.lastname@example.org
The Tile And Bathroom Warehouse Ltd (Registered in England & Wales: Company Number: (10432983)
Registered Office: VAT Registration Number: 264 677 075 The Tile And Bathroom Warehouse Ltd. 6 Eldon Way, Eldon Wall trading Estate, Bristol, BS4 3QQ
Telephone: 0117 9770011 Email: email@example.com
© The Tile And Bathroom Warehouse Ltd 2018 - All Rights Reserved