Euro Services Limited Terms & Conditions of Sale
“Company” means EURO SERVICES LTD known hereinafter as either “ESL” or “ESL Ceramics.
FORMATION OF CONTRACT.
All products supplied by ESL, whether delivered or collected are subject to these conditions of sale, which override all other terms and conditions in the customers official order form and in the event of a customers official form containing a similar clause to this clause then this condition of ESL shell prevail. No variations of these conditions will be effective and binding upon ESL unless accepted in writing and signed for on behalf of ESL.
ORDERS AND QUOTATIONS.
a) When ordering please quote catalogue and price list references, quantities, size, colour and finish. You MUST specify at the time of order, if the required products are to come from within a certain or from the same batch/shade as a previous order, failure in requesting this may result in shade, colour and size variations, ESL will take no responsibility or enter into disputes arising from this once the product has been delivered. ESL Samples submitted or description given from websites or in catalogues and price lists, trade literature or quotation must be considered as showing type or class only without warranty as to substance, performance, colour, size or shape. b) If products are out of stock at the time of order ESL will endeavour to inform the customer and the customer can decide whether to wait for the complete order or have the out of stock items delivered with their next order, however, once the customer has ordered, it is accepted that that order is therefore complete and any other items required will be subject to new order terms once those items come back into stock, including minimum order values of £350. An additional cost for carriage will be charged for ANY accepted order under this value, regardless of the circumstances.
All prices quoted are based on current costs and are subject to amendment on prior notice at anytime and prior to delivery to reflect any changes in costs, unless specified to the contrary on the quotation form. The price charged for products will be that applicable at the date of delivery or collection, irrespective of the date of order. Prices are given EXCLUSIVE of VAT, which is charged as an extra on each invoice.
a) Transport is handled by a specially selected company who specialise in pallet delivery and who will endeavour to deliver within 3-5 days working days on a first come first served basis. b) If requested, ESL will give the customer an estimated time of arrival (ETA) of when orders are likely to be delivered and every effort will be made by ESL to adhere however, the date given is for guidance only and ESL accept no liability whatsoever for any failure or delay in delivery for whatever reason or for any loss, costs or penalties incurred by the customer or third party arising of our late non-delivery of products. c) ESL cannot accept any financial demands from the buyer for late delivery, incorrect supply of goods, or incorrect delivery. ESL respectfully recommends that the buyer does not book a tiler or tradesman, until the goods have been delivered to the desired location, inspected, signed for and quality checked. The risk in relation to the goods passes to the Buyer at the point of physical delivery, at the time of delivery. d) Obligation is to deliver as near to the site or ground floor entrance of a building as a safe hard road permits. The customer is to provide, free of charge, the labour and machinery required for unloading, carrying and stacking.
DELIVERIES TO SITES.
a) In general, deliveries to sites or addresses other than those of the customer will not be made. However, if ESL has agreed to make a direct delivery, the customer must give clear and concise instructions. ESL will use its best endeavours to comply but neither can accept responsibility for the production once they have been delivered, not for the validity of the signature given in such circumstances. b) The price ESL has quoted covers delivery to the site for ground entrance of a building only in those areas where ESL has a distribution service. If the products are required to be delivered into the building or to an upper of lower floor, express written notice of that requirement must be given with the order and arrangements made to have adequate and prompt assistance at the time of the actual delivery along with site contact details. If the driver has to return to the warehouse without completing delivery through lack of assistance or access an additional charge may be made.
DAMAGE, LOSS OR SHORT DELIVERY.
a) ESL will not be liable for any loss or shortage in delivery unless any such items are stated in writing on the delivery/signature note. b) Claims for damage related to boxed items must be the subject of a written claim to be received by ESL not later than 24 hours after the arrival of products at the customer’s premises or required delivery location. Photographic evidence of any damage will be required to aid with any insurance claim against the haulage contractor. c) In all cases “unexamined” or other qualified signatures shall be deemed to be an unconditional acceptance of the products and no claim will be entered into if these conditions are not met. d) In line with the industry standard, please allow 5% for breakages when ordering tiles. Please also note that we strongly recommend that you order a minimum of 5% extra stone to allow for slight chips, and any damages caused during transit. Stone is a natural material, which has been transported around the world in many cases. While we strive to get the stone to you in 100% pristine condition we cannot always guarantee that every piece will arrive in perfect condition. ESL will not replace very small quantities of broken stone (below 5%) and we advise that customers order an extra 5% of material to allow for this eventuality. Any affected stone can be used for cuts.
PRODUCT LIABILITY AND WARRANTY.
Goods MUST be examined PRIOR to assembly or fixing, as no claim will be accepted whatsoever after. a) A degree of shading and crazing is inherent in the manufacturing of ceramic tiles and fixing should NOT be undertaken unless an acceptable blend of shades can be obtained. b) ESL cannot guarantee a perfect match of shades, textured and/or finishes on any of its products for repeat orders. c) Claims for defective products MUST be made in writing to ESL within 24 hours of delivery and MUST be made PRIOR to ANY installation of the product. d) ESL’s liability will be replacement of the exact quantity judged by ESL to be defective, or at ESL’s option, the refunding of the price paid for that quantity. e) ESL will not be liable to the customer or any third party for any consequential loss or damage (whether for loss of use, profit, contracts or otherwise) howsoever caused. f) ESL does not endorse 50/50 brick bond laying/fixing and will only accept 80/20 broken bond as an aesthetically pleasing alternative, this avoids any warpage issues that may arise or become highlighted due to a 50/50 brick bond fix. g) Underfloor heating tile installation: Underfloor heating should NOT be switched on for a minimum of 2 weeks after installation. Confirmation as to the suitability of a tile should be obtained PRIOR to ANY installation. ESL will only accept installations onto wired electrical heating cable elements such as ‘Warmup’ or heated mats such as ‘Devimat’ type products and providing that those products have been installed as per their manufacturer’s guidelines.
RETURN OF PRODUCTS.
In general, ESL will not accept back for credit, any products correctly supplied to the customer order. Where however ESL agrees to accept back products a handling charge of 20% will be made by ESL. In the event that products returned are not in a suitable condition for resale, no credit will however be given. The cost of the return will be at your expense. You can only return tiles in full un-opened cartons for credit.
Contracts and orders and parts thereof may be cancelled only with our previous agreement in writing. In any case in which ESL is required to place a deposit with a manufacturer or supplier in respect of the customer’s order then ESL may require the customer to reimburse this sum in the event of cancellation of the order or part thereof. Where cancellation involves products designed, made or ordered specially for the customer then the customer will be liable for any costs incurred by ESL in respect of such cancellation.
a) Unless otherwise specifically provided all account payments are due not later than the last day of the month following the date of invoice. These terms are strictly applied and ESL exercises the right to withhold supplies in the event of an account becoming overdue. In the event of any sum being due but not paid ESL may by written demand, make payable forthwith the total cost of all products supplied, however recent. b) Where any balance due exceeds the customers credit limit, the customer may be asked, at the discretion of ESL to make an early payment to reduce the balance below the credit limit or to pay for other purchases on a pro-forma basis while the account remains in excess of the credit limit. c) Cheques are accepted on the basis of being paid upon first presentation at the bank on which they are drawn. In the event of any cheques being returned unpaid (whether or not subsequently re-presented and paid), ESL reserve the right to impose an administrative charge of £25 for each representation. d) Any sums due from the customer to ESL shall carry an interest at 5% per annum above Barclays Bank PLC base rate from time to time from the date the sums became due until the date of actual payment. e) In the case that a customer fails to pay to terms and ESL incur solicitor’s fees in pursuing recovery of the debt, a charge of 50% will at ESL’s discretion, be payable by the customer in addition to any interest, court fees or other statutorily recoverable costs.
RETENTION OF TITLE.
a) The risk in the goods shall pass from ESL to the customer upon delivery of such goods to the customer, however, notwithstanding delivery and the passing of risk in the goods title and property in the goods, including full legal and beneficial ownership, shall not pass to the customer until the seller ESL has received in cash or cleared funds payment of the full for all goods delivered to the buyer under this and all other contracts between ESL and the customer for which payment of the full price of the goods there under has not been paid. Payment of the full price of the goods shall include the amount of any interest or other sum payable under the terms of this and all other contracts between ESL and the customer under which the goods were delivered.
Every contract to which these conditions apply shall be constructed and operate as an English contract and in accordance with English law and disputes shall be submitted to the English courts.