Terms & Conditions of Sale
- In these conditions:
- “Company” shall mean McCartney Tiles Ltd. of Randalstown, Co. Antrim, NORTHERN IRELAND or any person acting on behalf of and with the authority of McCartney Tiles Ltd.
- “Buyer” shall mean the person or persons who accepts a quotation of the Seller for the sale of the Goods or whose order for the Goods is accepted by the Seller.
- “Goods” shall mean the goods (including any instalment of the goods or any parts for them) which the Seller is to supply in accordance with these Conditions and any goods supplied in substitution for or in replacement of or in addition to such goods.
- “Services” shall mean all services supplied by the Company to the Buyer and includes any advice or recommendations (and where the contest so permits shall include any supply of Goods as defined above)
- “Seller” shall mean McCartney Tiles Ltd. (registration number GB 252 9409 52).
- “Conditions” shall mean the standard terms and conditions of sale set out in this document and (unless the context otherwise requires) includes any special terms and conditions agreed between the Buyer and the Seller.
- “Contract” shall mean the contract for the purchase and sale of the Goods.
- “Writing” includes letter, email and comparable means of communication.
- “Price” shall mean the cost of Goods and/or Services as agreed between the Company and the Buyer to clause 4 of this Contract.
- Any instructions received by the Company from the Buyer for the supply of Goods and/or Services and/or the Buyer’s acceptance of Goods and/or Services supplied by the Company shall be interpreted as acceptance of the terms and conditions contained herein.
- The headings in these Conditions are for convenience only and shall not affect their interpretation.
Basis of Sale
- The Seller shall sell and the Buyer shall purchase the Goods in accordance with any written quotation of the Seller which is accepted by the Buyer, or any written order of the Buyer which is accepted by the Seller, subject in either case to these Conditions which shall govern the Contract to the exclusion of any other terms and conditions subject to which any such quotation is accepted or purported to be accepted, or any such order is made or purported to be made, by the Buyer.
- No variation to these Conditions shall be binding unless agreed in Writing between the the Buyer and the Seller, or any pre-determined authorised representatives of the Buyer and the Seller.
- Any advice or recommendation given by the Seller or its employees to the Buyer as to the storage, application or use of the Goods which is not confirmed in Writing by the Seller is followed or acted upon entirely at the Buyer’s own risk, and accordingly the Seller shall not be liable for any such advice or recommendation which is not so confirmed.
- Any typographical, clerical or other error or 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.
Orders & Specifications
- The Buyer shall be responsible to the Seller for ensuring the accuracy of the terms of any order (including any applicable specification) submitted by the Buyer and for giving the Seller any necessary information relating to the Goods within a sufficient time to enable the Seller to produce a quotation in accordance with its terms.
- The quantity, quality and description of, and any specification for the Goods shall be those set out in the Seller’s quotation (if accepted by the Buyer) or the Buyer’s order (if accepted by the Seller).
- If the Goods are to undergo any additional process carried out or arranged by the Seller in accordance with a specification submitted by the Buyer, the Buyer shall reimburse the Seller against all loss damages, costs and expenses against or incurred by the Seller.
- The Seller reserves the right to make any changes in the specification of the Goods which are required to conform to any applicable safety (British Standards Code) or other statutory requirements or, where the Goods are to be supplied to the Seller’s specification, which do not materially affect their quality or performance.
- No order which has been accepted by the Seller may be cancelled by the Buyer except with the agreement in Writing of the Seller, and the Buyer shall reimburse the Seller in full against all loss (including loss of profit) costs (including the cost of all labour and materials used), damages, charges and expenses incurred by the Seller as a result of any cancellation.
- The Company shall be entitled to rely on the accuracy of any plans, specifications and other information provided by the Buyer.
- If the giving of an estimate or quotation for the supply of goods involves the Company estimating measurements and quantities, it shall be the responsibility of the Buyer to verify the accuracy of the Company’s estimated measurements and quantities, before the Buyer places an order based on such estimate or accept such quotation.
- Should the Buyer require any changes to the Company’s estimated measurements and quantities, the Buyer shall request such changes in writing, in the case of an estimate before placing an order based on that estimate and in the case of a quotation before acceptance of that quotation.
- Special Orders for Goods that are not shown as stock and being marked as such on all physical Company material and documentation must be placed in writing and shall be accompanied by a deposit of a discretionary amount set by the Seller.
- The Seller and thus the Company explicitly states on all written quotations (inclusive of printed invoices, delivery notes, documents & credit notes) that special order items cannot be cancelled, credited or returned.
- However, from the date of the order, a cooling off period may be allowed during which cancellations or reducing the order of Special Order products will be accepted by the Seller without penalty unless the order has already been despatched to hauliers, in which case no claim shall be entertained thereafter.
Price of Goods
- The price of the Goods shall be the Seller’s quoted and or labelled price or, where no price has been quoted (or a quoted price is no longer valid), the price listed in the Seller’s price list current at the date of acceptance of the order.
- All prices quoted are valid for 30 days only or such lesser period as shall be stated by the Seller on the face of the relevant quotation or until earlier acceptance by the Buyer, after which time they may be altered by the Seller without giving notice to the Buyer.
- The Seller reserves the right by giving notice to the Buyer at any time before payment in full to increase the price of the Goods to reflect any increase in the cost to the Seller which is due to any factor beyond the control of the Seller (such as, without limitation, any foreign exchange fluctuation, currency regulation, alteration of duties, significant increase in the costs of labour, materials or other costs of manufacture) or to any change in delivery dates, quantities or specifications for the Goods which is requested by the Buyer, or any delay caused by any instructions of the Buyer or failure of the Buyer to give the Seller adequate information or instructions.
- The price labelled on goods shown is exclusive of any applicable value added tax that the Buyer shall be additionally liable to pay to the Seller of which is calculated and stated at the bottom of all quotations and invoices issued by the Seller.
Terms of Payment
- Subject to any special terms agreed in writing between the Buyer and the Seller, the Seller shall be entitled to invoice the Buyer for the price of the Goods at any time before delivery of the Goods.
- All Invoices are payable by credit card, in cash or through Bank Authorised Clearance Services (BACS) before date of delivery, unless the Seller has produced a contract in which case Invoices are payable by the end of the month following the date of the invoice. The time of payment of the price shall be of the essence. Receipts for payment or copies of Receipts for payment will be issued on request at any time.
- If the Buyer fails to make any payment on the due date then, without prejudice to any other right or remedy available to the Seller, the Seller shall be entitled to:
- cancel the Buyers Account or suspend any further purchases from the Buyer;
- appropriate any payment made by the Buyer to such of the Goods (or the goods supplied under any other contract between the Buyer and the Seller) as the Seller may think fit.
- In the event that the Seller shall cancel the Buyers account under the aforementioned provisions, the Buyer shall reimburse the Seller in full against all loss (including loss of profit), costs (including the cost of all labour and materials used), damages, charges and expenses incurred by the Seller as a result of such cancellation.
Delivery of Goods
- Delivery of the Goods shall be made by the Buyer collecting the Goods at the Seller’s premises at any time after the Seller has notified the Buyer that the Goods are ready for collection or, if some other place for delivery is agreed by the Seller, by the Seller delivering the Goods to that place.
- Any dates quoted for delivery of the Goods are approximate only and the Seller shall not be liable for any delay in 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 upon giving reasonable notice to the Buyer. The Seller shall be entitled to make part delivery of the Goods at any time.
- Where the Goods are 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 void.
- If the Buyer fails to take delivery of the Goods or fails to give adequate delivery instructions at the time stated for delivery (otherwise than by reason of any cause beyond the Buyer’s reasonable control or by reason of the Seller’s fault) then, without prejudice to any other right or remedy available to the Seller, the Seller may:
- Store the Goods until actual delivery and charge the Buyer for the reasonable costs of storage; or
- 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.
Risk & Property
- Risk of damage to or loss of the Goods shall pass to the Buyer:
- In the case of Goods to be delivered at the Seller’s premises, at the time when the Seller notifies the Buyer that the Goods are available for collection: or
- In the case of Goods to be delivered otherwise than at the Seller’s premises, at the time of delivery or, if the Buyer wrongfully fails to take delivery of the Goods, the time when the Seller has tendered delivered of the Goods
- The property of the Goods shall not pass to the Buyer until the Seller has received in cash or cleared funds, payment in full of the price of the Goods and payment in full of all sums due from the Buyer to the Seller whether under the Contract or by virtue of any other liability of the Buyer to the Seller.
- If the Company retains ownership of the Goods nonetheless, all risk for the Goods passes to the Buyer on delivery of said Goods.
- If any Goods are damaged or destroyed following delivery, any delivery documentation must be marked as ‘damaged’ and the Seller informed immediately – failure to appropriately sign for damaged goods or failure to inform the Seller in appropriate time may lead to any claims being void.
- In the case that damaged or destroyed Goods have been marked accordingly on the delivery documentation following delivery – the Seller will stand over the monetary cost of the damaged or destroyed goods once the appropriate credit has been made to the Seller. Replacement Goods may be produced upon request however it is the Buyers sole responsibility to arrange collection and or delivery of any replacement Goods.
- The Seller will endeavour, where possible, to supply the Buyer with samples of designs in the most up-to-date shades. The Seller cannot guarantee the supply of shades identical to sample designs provided for display purposes.
- Therefore, it is the Buyers responsibility to ensure sufficient Goods are ordered allowing for losses in cutting and breakages etc. so as to avoid the problem of not having sufficient material to complete the planned work in the same shade.
- Before installation, it is essential that the Buyer checks that Goods of the same shade are used throughout, or the tiles are so arranged that they give a satisfactory colour blending.
- There is nearly always a variance in shade between the base pieces and decor pieces which is unavoidable due to further firing required. It should also be considered that the look of a piece could be greatly affected by the lighting in the environment in which it is to be installed – Therefore, it is the sole responsibility of the Buyer to ensure that shading is acceptable before fitting.
- The Seller shall accept no responsibility for shade variation inherent in the production of goods. No claims concerning shading shall be entertained after fitting of tiles.
Warranties & Liabilities
- Subject to the conditions set out below the Seller warrants that the Goods will correspond with their specification subject to such tolerances as are reasonable and as are normally accepted in the trade and will be free from defects in material at the time of delivery.
- 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 arising from fair wear and tear, willful damage, negligence, abnormal working conditions, failure to follow the Seller’s instructions (whether oral or in writing), misuse or alternation or repair of the Goods without the Seller’s approval.
- 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 for payment.
- 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 to the Seller immediately date of delivery with the appropriate delivery documentation marked as ‘damaged’. 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.
- The Buyer shall inspect the goods on delivery and shall within 48 hours notify the Company of any alleged defect, shortage of quantity, damage or failure to comply with description or quotation. The Buyer shall bring forth the alleged defective material and afford the Company an opportunity to inspect the Goods within a reasonable time following delivery if the Buyer believes the Goods are defective in any way. If the Buyer shall fail to comply with these provisions the Goods shall be presumed free from any defect or damage. For defective Goods, which the Company have agreed in writing that the Buyer is entitled to reject, the Company’s liability is limited to either (at the Company’s discretion) repairing or replacing of Goods with Goods from the currently available stock, shade and calibration.
- Any claim by the Buyer which is based on short delivery or non-delivery shall be notified to the Seller in Writing (in the case of short delivery) within 48 hours of delivery and (in the case of non-delivery) within 30 days of receipt by the Buyer of the Seller’s Invoice for the goods which the Buyer claims have not been delivered. If the Buyer does not notify the Seller accordingly the Buyer shall not be entitled to reject any goods that have been delivered and the Seller shall have no liability for such short delivery or non-delivery.
- 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 (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.
- The Seller shall not be liable to the Buyer by reason of any representation expenses or other claims for consequential compensation whatsoever (and whether caused by the negligence of the Seller, its employees or otherwise) which arise out of or in connection with the supply of the Goods or their use or resale by the Buyer, except as expressly provided in these Conditions.
- The Seller shall not be liable to the Buyer by reason of any delay in performing, or any failure to perform, any of the Seller’s obligations in relation to the Goods if the delay or failure was due to any cause beyond the Seller’s reasonable control. Without prejudice to the generality of the foregoing, the following shall be regarded as causes beyond the Seller’s reasonable control:
- 8.1 – Act of God, explosion, flood, tempest, fire, accident or pandemic;
- 8.2 – War or threat of war, sabotage, insurrection, civil disturbance, or requisition.
- 8.3 – Acts, restrictions, regulations, bye-laws, prohibitions or measures of any kind on the part of any governmental, parliamentary or local authority;
- 8.4 – Import or export regulations or embargoes;
- 8.5 – Strikes, lock-outs or other industrial actions or trade disputes (whether involving employees of the Seller or of a third party);
- 8.6 – Difficulties in obtaining raw materials labour, fuel, parts or machinery;
- 8.7 – Power failure or breakdown in machinery.
- Returns will only be accepted provided that;
- in the instance of defects, the Buyer complies with the provisions of clause 8.4; and
- the Company has agreed to accept the return of the Goods; and
- the Goods are returned (at the Buyer’s cost) within 28 days of ordering; and
- the Company will not be liable for Goods which have not been used in a proper manner; and
- the Goods are returned in the condition in which they were delivered and with all packaging material, brochures and instructional material in as new condition as is reasonably possible in the circumstances.
- all Goods returned must be accompanied by the respective document detailing the invoice number on which the Goods are supplied as this provides the basis for a credit note to be issued.
- The Company may (at its own discretion) retain a handling fee of the value of the returned Goods plus any freight charges in which it has incurred.
Data Protection Act 1988 & 2003
- The Buyer authorises the Company to:
- collect, retain and use any information about the Buyer, for the purposes of assessing the Buyers creditworthiness or marketing products and services to the Buyer; and
- to disclose information about the Buyer, whether collected by the Company from the Buyer directly or obtained by the Company by another source, to any other credit provider or any credit reporting agency for the purposes of providing or obtaining credit reference, debt collection or of listing a default by the Buyer on publicly accessible credit reporting databases.
- The Company reserves the right to monitor and/or record any phone calls for training and/or security purposes.
- The Buyer shall have the right to request the Company for a copy of the information about the Buyer retained by the Company and the right to request the Company to correct any incorrect information about the Buyer held by the Company.
- Each clause of this contract is severable and distinct from the others. If any provision of these terms and conditions is or becomes invalid, void, illegal or unenforceable – the validity, existence, legality and enforceability of the remaining provisions shall not be affected, prejudiced or impaired.
- The Company shall be under no liability whatever to the Buyer for any indirect loss and/or expense (including loss of profit) suffered by the Buyer arising out of a breach by the Company of these terms and conditions.
- In the event of any breach of this Contract by the Company, the remedies of the Buyer shall be limited to damages. Under no circumstances shall the liability of the Company exceed the Price of the Goods and/or Services.
- The Company reserves the right to review these terms and conditions at any time. If, following any such review, there is to be any change to these terms and conditions, then that change will take effect from the date on which the Company notifies the Buyer of such change.
- The Company shall not be liable for any damages or delays caused due to any act of God, war, terrorism, strike, lock-out, industrial action, fire, flood, drought, storm or other event beyond the reasonable control of the Company.
Computerised: August 2021