1. General

1.1 These Terms set out the entire agreement between Designer Tile Company Pty Ltd and the Customer (the “Agreement”)

1.2 In these Terms:

Business Day means a day on which banks are open for business in Victoria;

Goods mean the goods offered to and ordered by the Customer from Designer Tile Company Pty Ltd as set out on the Order Form;

Customer means the individual or company described as such on the Order Form;

Order means the request to Designer Tile Company Pty Ltd to supply Goods to the Customer pursuant to the Order Form;

Order Form means the form overleaf;

Purchase Price means the price of the Goods as set out on the Order Form;

Terms means these Terms and Conditions;

2. Payment

2.1 Payment for all Goods to be paid in full prior to leaving Designer Tile Company Pty Ltd premises.

3. Failure to Pay

3.1 If Designer Tile Company Pty Ltd does not receive payment of the Purchase Price in full by the date, Designer Tile

Company Pty Ltd may on the day following the due date (the “date of default”) without prejudice to any other rights it may have: –

(a) Charge interest on any amount outstanding by the Customer at a rate equal to the rate prescribed from time to time under the Penalty Interest Rates Act 1983 (Vic) plus 2%; and /or

(b) Suspend provision and/or delivery of the Goods until such time as payment of the Purchase Price in full, interest and any other amount payable under this Agreement is made to Designer Tile Company Pty Ltd.

3.2 Clause 3.1 shall survive the termination of this Agreement.

3.3 The Customer shall be liable for all reasonable expenses (including recovery of monies owed) and legal expenses (on an indemnity basis from the date of default) incurred by Designer Tile Company Pty Ltd in the enforcement and or recovery of monies outstanding to Designer Tile Company Pty Ltd.

3.4 Any monies received by Designer Tile Company Pty Ltd in respect of monies owing by the Customer shall be first applied to interest if any that has accrued, secondly to any expenses incurred by Designer Tile Company Pty Ltd under clause

3.3, and then thirdly to any part of the Purchase Price outstanding.

3.5 Failure on the part of Designer Tile Company Pty Ltd to enforce and/or insist on the timely performance of any Terms, or

Designer Tile Company Pty Ltd’ failure to exercise any right or remedy available to Designer Tile Company Pty Ltd under these Terms or generally, or Designer Tile Company Pty Ltd’ failure to insist upon the timely payment of any monies, interest and other expenses incurred as provided for under this Agreement shall not constitute a waiver of any of Designer Tile Company Pty Ltd rights to demand timely payment of any fees or expenses incurred pursuant to this Agreement.

4. Title to goods and risk

4.1 Until payment in full of the Purchase Price and any other sums due under this Agreement is made to Designer Tile Company Pty Ltd, title to the Goods shall not pass to the Customer. Should the Customer have possession of the Goods before payment for the Goods is made in full, the Customer does so as a Bailee for Designer Tile Company Pty Ltd and therefore shall immediately return the goods to Designer Tile Company Pty Ltd upon request.

4.2 If Goods are not returned on request under clause 4.1, Designer Tile Company Pty Ltd may recover possession of any Goods held by the Customer as delivered and/or supplied by Designer Tile Company Pty Ltd at any premises owned, possessed or controlled by the Customer under an irrevocable licence which hereby granted by the Customer to Designer Tile Company Pty Ltd.

4.3 Risk in the Goods passes to the Customer when the Goods are collected by, or delivered to, the Customer.

5. Deliveries & Customer Pick ups

5.1 Designer Tile Company Pty Ltd reserves the right to stop or refuse the supply of Goods at any time without reason.

5.2 If agreed as per the Order Form, Designer Tile Company Pty Ltd will deliver the Goods to the Customer’s address provided on the Order Form, and the Goods shall be deemed to be delivered when Designer Tile Company Pty Ltd obtain an acknowledgement of delivery from a person with apparent authority at the delivery address.

5.3 Delivery times quoted for delivery are estimates only. Designer Tile Company Pty Ltd does not accept any responsibility or liability for any loss of any kind suffered as a result of failure and/or delay in the delivery or supply of any Goods.

5.4 Delay in the delivery of Goods shall not entitle the Customer to any refund or discount of the Purchase Price, nor shall it relieve the Customer of its obligation to accept and make full and final payment for the Goods by the due date.

5.5 Any client pick ups are at own responsibility, broken tiles will not be replaced

6. Cancellations, Returns and Claims (Liability)

6.1 Designer Tile Company Pty Ltd will not accept any cancellations or partial cancellations of an Order made after an Order has been placed, unless a cancellation charge of 20% of the Purchase Price is paid to Designer Tile Company Pty Ltd.

6.2 Subject to Clause 6.3, if Goods are returned the Customer must provide proof of purchase of all such Goods. No refund for returned Goods will be made but the Customer shall be entitled to a credit of the Purchase Price (excluding GST) less a 20% storage, administration and handling fee.

6.3 Goods must be inspected and any claim made before the Goods are fixed or installed and no claims may be made and no liability will be admitted once the Goods are fixed or installed.

(i) Cushion edge tiles must be laid with a minimum 3mm spacer between tiles.

6.4 Subject always to the provisions of the Trade Practices Act 1974 and any applicable State legislation: –

(a) all terms, conditions and warranties, other than those set out in these Terms or which cannot be excluded, are excluded;

(b) Designer Tile Company Pty Ltd shall not be liable to the Customer or to any third party for any loss or damage (including indirect, special, incidental or consequential loss or damage) howsoever caused which may arise out of failure or omission on the part of Designer Tile Company Pty Ltd.

(c) Designer Tile Company Pty Ltd’ liability for any breach of any term or condition set out in these Terms shall at the

Designer Tile Company Pty Ltd be limited to: –

(i) a refund of the Purchase Price;

(ii) the replacement of the Goods or the supply of equivalent Goods; or

(iii) the payment of the cost of replacing the Goods or acquiring equivalent Goods

(d) no claims or liability shall be accepted by Designer Tile Company Pty Ltd in respect of-

(i) crazing and shade variations which are an inherent characteristic of all ceramic products and different shades are to be expected from shipment;

(ii) reasonable variations between samples provided, Goods displayed, and actual Goods supplied, and between deliveries of Goods;

(iii) second quality Goods, which may be subject to colour and/or size variation, surface warpage and glaze imperfections;

(iv) quantities quoted by Designer Tile Company Pty Ltd’ staff. Any such quantities are estimates and approximate only, and it is the Customer’s responsibility to ensure that the correct quantities are ordered;

(v) marble tiles if these are not used and cleaned in accordance with the manufacture’s guidelines; and

(e) credits will not be allowed in respect of; –

(i) Goods purchased at special or discounted prices or as second quality Goods;

(ii) Goods returned for credit must reside within a period of no later than 14 working days from collection or delivery date

(iii) Goods or shades no longer available or which were specially ordered;

(iv) Goods not in perfect condition, in opened boxes or which are damages in any way.

6.5 Any claims, complaints or notify action of missing or damaged Goods delivered to the Customer must be made to Designer Tile Company Pty Ltd within 3 Business Days of delivery or supply of Goods, and before the Goods are fixed and/or installed. The Customer shall be deemed to have accepted the Goods and to have waived any and all rights if no claim, complaint or notify action is made within this time. Any claim, complaint or notify action made outside this time, or after the goods have been fixed or installed shall not be accepted.

6.6 Designer TIle Company reserves the right to cancel, at any time before delivery and for whatever reason, an Order that it has previously accepted. Designer Tile Company may do this for example, but without limitation, where:

(i) Designer Tile Company’s suppliers are unable to supply Goods that they have previously promised to supply;
(ii) an event beyond Designer Tile Company’s control, such as storm, fire, flood, earthquake, terrorism, power failure, war, strike or failure of computer systems, means that Designer Tile Company is unable to supply the Goods within a reasonable time;
(iii) Goods ordered were subject to an error on the Website, for example, in relation to a description, price or image, which was not discovered prior to the Order being accepted.

7. Warranties

7.1 The Goods supplied by Designer Tile Company Pty Ltd are guaranteed only to the extent that any guarantee is provided by the manufacturer of the goods.

7.2 Ceramic tiles are not guaranteed against cracking, crazing, chipping or breaking

7.3 Polished Porcelain tiles may be subject to Optical Hazing and therefore are exempt from any warranty or claim for compensation arising from this issue