- Any order resulting here from shall be subject to the conditions herein unless varied by the Supplier in writing, & these conditions will take precedence over any terms, conditions or stipulations contained in any of the Buyer’s documentation which may be in conflict herewith.
- Prices & discounts are those ruling at the date of confirmation & signature of order.
- Credit card payments will incur a fee reflective of the total sale amount.
- The Supplier has the discretion at all times whether or not to sell to the Buyer.
- The Supplier’s discretion to sell in terms hereof may be guided by the availability of stock.
- Time shall not be of the essence of the contract & delivery dates shall be treated as approximate only. Under no circumstances shall the Buyer be entitled to withdraw from or terminate the contract on account of any delay in delivery or have any claim of any nature whatsoever against the Supplier arising from late delivery.
- The Supplier shall be exempted from & shall not be liable under any circumstances whatsoever for any damages including indirect or consequential damages of any nature whatsoever or any loss of profit or special damages of any nature whatsoever & whether in the contemplation of the parties or not which the Buyer may suffer as a result of any delay in delivery of the goods ordered.
- Ownership of the goods sold & delivered to be the Buyer on account shall pass to the Buyer only when all amounts due by the Buyer to the Supplier has been paid, notwithstanding delivery of goods to the Buyer. Risk in & to the goods shall however pass to the Buyer on delivery.
- A signed Delivery Note shall constitute prima facie proof that the goods have been delivered to & received by the Buyer in good condition whether signed by the Buyer, an employee, an agent or a representative of the Buyer.
- The Buyer agrees & acknowledges that in the events of:
10.1. The Buyer breaching any conditions contained in these conditions;
10.2. The Buyer failing to pay any amount due & payable on due date;
10.3. The Buyer suffering any civil judgment to be taken or entered against it;
10.4. The Buyer causing a notice of surrender of its estate to be published;
10.5. The Buyer passing away;
10.6. The Buyers estate being placed under any order of provisional of final sequestration, provisional or final winding up, or provisional or final judicial management, as the case may be; then the Supplier shall, without detracting from any other remedies which may be available to it, be entitled to summarily cancel the sale of the goods to the Buyer without notice to the Buyer & to re-possess those goods sold & delivered by the Supplier to the Buyer, or to claim specific performance of all of the Buyer’s obligations whether or not such obligations would otherwise then have fallen due for performance in either event without prejudice to the Creator’s right to claim damages.
- Claims for short supply or incorrect supply etc must be placed within 24 hours of delivery.
- Tiles will be sold in full boxes only excluding mosaics & special pieces
- All goods to be inspected before fixing.
- Fixing of the product constitutes acceptance of the product. We cannot accept any claim once the material is laid.
- No claims in respect of variation in shade can be entertained after tiles have been fixed.
Samples submitted are only representation of the product. Delivered products may vary from samples and showroom
- All ceramic tiles can become slippery when wet. Liability will not be accepted for accidents due to inappropriate tile selection.
- Slip rating are only given as an “Indication Only”. It is the responsibility of the end user to carry out appropriate and updated testing for the tiles intended use.
- In the event of a return, goods must be approved for return by Elite Importers Pty Ltd management & returned in full cartons & in good condition within
7 days of delivery.
- In the event of the Supplier or its agents instructing attorneys to collect from the Buyer an amount owing to the Supplier, the Buyer agrees to pay all costs on the scale as between attorney & own client.
- In the event of the Supplier or its agents instructing a debt collector to collect from the buyer an amount owing to the Supplier, the Buyer agrees to pay up to 100% collection commission.
- It is a condition of each sale that the goods are sold as is & without any warranties or representations whatsoever.
- Any agreement purporting to vary or novate the terms of this agreement, or any consensual cancellation, shall not be valid unless reduced to writing & signed by the Buyer & the Supplier.
23.1. The Buyer understands that the information given in relation to this agreement will assist the Supplier in determining whether or not to sell to the Buyer & will be used by the Supplier for the purposes of assessing its creditworthiness. The Buyer confirms that the information given by it is accurate & complete. The Buyer further agrees to update the information supplied, as & when necessary, to ensure the accuracy & completeness of the above information
23.2. The Buyer hereby authorizes the Supplier or its agents at all times to contact & request information from any persons, credit bureaus or businesses, including those mentioned under trade references, & to obtain any information relevant to the Buyer’s credit assessment.
(to determine the Buyers ability to pay for the goods)
23.3. If the Buyer fails to meet its obligations under these terms & conditions of sale, it authorizes the Supplier or its agents to record its non- performance with any credit bureau, which information will be available to third parties. The Buyer further authorizes researching its records at a credit bureau, use new information & data obtained from the credit bureau in respect of details of how the Buyer has performed in terms of these terms & conditions of sale.
23.4. The Buyer hereby authorizes the Supplier or its agents at all times to furnish information concerning the Buyer’s dealings with the Supplier, including without being limited to the Buyer’s credit worthiness & defaulting payments to the Supplier.