Euro Services Limited
Terms & Conditions of Sale
- DEFINITIONS.“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 customer’s official order form and in the event of a customer’s 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 MUSTspecify 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) We may record calls for training and monitoring purposes and use CCTV at our sites.
c) 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 ANYaccepted order under this value, regardless of the circumstances. d) You must make us aware at the time of the order of the use, purpose and fitting location of the tiles. If you fail to do so, we will not be responsible for any failure of the tiles to be fit for purpose. Whilst guidance as to tiles and their strength and attributes are contained on our website, this is general advice only and you should take your own independent advice from an expert tiling contractor as to the suitability of a particular tile for your use, location and purpose. e) The notification to us for an address for delivery of the tiles does not constitute knowledge by us of the use or purpose for the tiles. Tiles are delivered by our delivery company who has no expertise in tiles or their use. Delivery to an address by our delivery company does not impute any knowledge of purpose on use to us. Once the tiles are delivered, any notification to us of the actual use, purpose and/or fitting location of the tiles is a post-contract notification. If we are notified of the use of the tiles after order and delivery, provided the tiles have not been unpacked, we will accept a return of the products in accordance with Clause 9 below.
- PRICES.All prices quoted are based on current costs and are subject to amendment on prior notice at any time 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 EXCLUSIVEof VAT, which is charged as an extra on each invoice.
- GENERAL DELIVERIES. a) Transport is handled by a specially selected company who specialise in pallet delivery and endeavour to deliver within 5 days working days of the order being placed with them, on a first come first served basis. Orders placed outside office hours or requiring credit checks can delay processing the order. b) ESL will give the customer reasonable notice of the date on which products are to be delivered and every endeavour 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 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, access to small sites is not always possible. However, if ESL has agreed to attempt a direct delivery, this may incur a surcharge and extra delivery costs which will have to be passed onto the customer. For each site delivery that ESL agrees to attempt, the customer must give clear and concise information along with site contact details. It is the responsibility of the customer to provide and ensure adequate and prompt assistance at the time of the actual delivery and ensure that they have a representative on site. ESL will use its best endeavours to comply with delivery instructions provided, but cannot accept responsibility for the products once they have been delivered, nor for the validity of the signature given in such circumstances. b) The price ESL has quoted covers delivery to the nearest hard stand kerb side only at the site. If the driver has to return to the warehouse without completing the delivery, through lack of correct information, assistance or access a wasted journey charge may be levied.
- DAMAGE, LOSS OR SHORT DELIVERY. a) ESL will provide full box quantities in transit packaging. b) 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. 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. ESL will not replace very small quantities of broken tiles (below 5%) and we advise that customers order an extra 5% of material to allow for this eventuality. ESL will not replace very small quantities of broken product (below 5%) and we advise that customers order an extra 5% of material to allow for this eventuality. Any affected product can be used for cuts.
- PRODUCT LIABILITY AND WARRANTY. a) Goods MUSTbe examined PRIORto assembly or fixing, as no claim will be accepted whatsoever after the tiles have been fixed. b) 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. c) ESL cannot guarantee a perfect match of shades, sizes, textures and/or finishes on any of its products for new or repeat orders. d) Claims for defective products MUSTbe made in writing to ESL within 24 hours of delivery and ALL installation of the product must be stopped. e) ESL’s liability will be the 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. f) “Our liability to you in any case is limited to the value of the tiles that we supply to you. We shall not be liable for any consequential loss suffered by you or any third party arising from the fitting of the tiles or their removal and replacement. We are not responsible for any failure by you and/or a contractor to fit the tiles in accordance with proper industry practice which includes the use of appropriate adhesives and floor, wall or other surface preparation including where a screed or other levelling compound has been used.” g) 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. h) Underfloor heating tile installation: Underfloor heating should NOTbe switched on for a minimum of 2 weeks after installation. Confirmation as to the suitability of a tile should be obtained PRIORto ANYinstallation. 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. i) We shall not be liable for the cost of replacing any tiles damaged during fitting because of any surrounding building works being carried on at the premises where the tiles are being fitted. It is your, the customer’s ‘responsibility’, to ensure that the tiles having been laid are adequately protected from dust and debris.
- 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.
- CANCELATIONS. 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.
- PAYMENT TERMS. 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 customer’s 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 the 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 sums payable under the terms of this and all other contracts between ESL and the customer under which the goods were delivered.
- JURISDICTION. 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.