Designa Ceramic Tiles

Terms & Conditions

1. DEFINITIONS

  • 1.1 “Designa Ceramic Tiles” shall mean Designa Ceramic Tiles Limited, or any agents or employees thereof.
  • 1.2 “Customer” shall mean the Customer, any person acting on behalf of and with the authority of the Customer, or any person purchasing goods and services from Designa Ceramic Tiles.
  • 1.3 “Goods” shall mean:
    • 1.3.1 all Goods of the general description specified on the front of this agreement and supplied by Designa Ceramic Tiles to the Customer; and
    • 1.3.2 all Goods supplied by Designa Ceramic Tiles to the Customer; and
    • 1.3.3 all inventory of the Customer that is supplied by Designa Ceramic Tiles; and
    • 1.3.4 all Goods supplied by Designa Ceramic Tiles and further identified in any invoice issued by Designa Ceramic Tiles to the Customer, which invoices are deemed to be incorporated into and form part of this agreement; and
    • 1.3.5 all Goods that are marked as having been supplied by Designa Ceramic Tiles or that are stored by the Customer in a manner that enables them to be identified as having been supplied by Designa Ceramic Tiles; and
    • 1.3.6 all of the Customer’s present and after-acquired Goods that Designa Ceramic Tiles has performed work on or to or in which goods or materials supplied or financed by Designa Ceramic Tiles have been attached or incorporated.
    • 1.3.7 The above descriptions may overlap but each is independent of and does not limit the others.
  • 1.4 “Goods” shall also mean all goods, services and advice provided by Designa Ceramic Tiles to the Customer and shall include without limitation the importation and distribution of ceramic tiles including wholesale and retail, installation of ceramic tiles and associated goods, design service and technical advice and all charges for labour, hire charges, insurance charges, freight costs, or any fee or charge associated with the supply of Goods by Designa Ceramic Tiles to the Customer.
  • 1.5 “Price” shall mean the cost of the Goods as agreed between Designa Ceramic Tiles and the Customer and includes all disbursements eg charges Designa Ceramic Tiles pay to others on the Customer's behalf subject to clause 4 of this contract.

2. ACCEPTANCE

  • 2.1 Any instructions received by Designa Ceramic Tiles from the Customer for the supply of Goods shall constitute a binding contract and acceptance of the terms and conditions contained herein.

3. COLLECTION AND USE OF INFORMATION

  • 3.1 The Customer authorises Designa Ceramic Tiles to collect, retain and use any information about the Customer, for the purpose of assessing the Customer’s credit worthiness, enforcing any rights under this contract, or marketing any Goods provided by Designa Ceramic Tiles to any other party.
  • 3.2 The Customer authorises Designa Ceramic Tiles to disclose any information obtained to any person for the purposes set out in clause 3.1.
  • 3.3 Where the Customer is a natural person the authorities under clauses 3.1 and 3.2 are authorities or consents for the purposes of the Privacy Act 1993.

4. PRICE

  • 4.1 Where no price is stated in writing or agreed to orally the Goods shall be deemed to be sold at the current amount as such Goods are sold by Designa Ceramic Tiles at the time of the contract.
  • 4.2 The price may be increased by the amount of any reasonable increase in the cost of supply of the Goods that is beyond the control of Designa Ceramic Tiles between the date of the contract and delivery of the Goods.

5. PAYMENT

  • 5.1 Unless otherwise agreed payment for Goods and services shall be made in full on or before the 20th day of the month following the date of the invoice (“the due date”).
  • 5.2 Interest may be charged on any amount owing after the due date at the rate of 2.5% per month or part month.
  • 5.3 Any expenses, disbursements and legal costs incurred by Designa Ceramic Tiles in the enforcement of any rights contained in this contract shall be paid by the Customer, including any actual solicitor’s fees or debt collection agency fees.
  • 5.4 Receipt of a cheque, bill of exchange, or other negotiable instrument shall not constitute payment until such negotiable instrument is paid in full.
  • 5.5 A deposit may be required.
  • 5.6 Progress payments may apply.

6. QUOTATION

  • 6.1 Where a quotation is given by Designa Ceramic Tiles for Goods:
    • 6.1.1 Unless otherwise agreed the quotation shall be valid for thirty (30) days from the date of issue; and
    • 6.1.2 The quotation shall be exclusive of goods and services tax unless specifically stated to the contrary;
    • 6.1.3 Designa Ceramic Tiles reserves the right to alter the quotation because of circumstances beyond its control.
  • 6.2 Where Goods are required in addition to the quotation the Customer agrees to pay for the additional cost of such Goods.

7. RISK

  • 7.1 The Goods remain at Designa Ceramic Tiles’ risk until delivery to the Customer.   Any claim relating to a delivery must be made within twenty-four (24) hours of delivery.
  • 7.2 Delivery of Goods shall be deemed complete when Designa Ceramic Tiles gives possession of the Goods directly to the Customer or possession of the Goods is given to a carrier, courier, or other bailee for purposes of transmission to the Customer.

8. TITLE AND SECURITY (PERSONAL PROPERTY SECURITIES ACT 1999)

  • 8.1 Title in any Goods supplied by Designa Ceramic Tiles passes to the Customer only when the Customer has made payment in full for all Goods provided by Designa Ceramic Tiles and of all other sums due to Designa Ceramic Tiles by the Customer on any account whatsoever.  Until all sums due to Designa Ceramic Tiles by the Customer have been paid in full, Designa Ceramic Tiles has a security interest in all Goods.
  • 8.2 If the Goods are attached, fixed, or incorporated into any property of the Customer, by way of any manufacturing or assembly process by the Customer or any third party, title in the Goods shall remain with Designa Ceramic Tiles until the Customer has made payment for all Goods, and where those Goods are mixed with other property so as to be part of or a constituent of any new Goods, title to these new Goods shall deemed to be assigned to Designa Ceramic Tiles as security for the full satisfaction by the Customer of the full amount owing between Designa Ceramic Tiles and Customer.
  • 8.3 The Customer gives irrevocable authority to Designa Ceramic Tiles to enter any premises occupied by the Customer or on which Goods are situated at any reasonable time after default by the Customer or before default if Designa Ceramic Tiles believes a default is likely and to remove and repossess any Goods and any other property to which Goods are attached or in which Goods are incorporated.  Designa Ceramic Tiles shall not be liable for any costs, damages, expenses or losses incurred by the Customer or any third party as a result of this action, nor liable in contract or in tort or otherwise in any way whatsoever unless by statute such liability cannot be excluded.  Designa Ceramic Tiles may either resell any repossessed Goods and credit the Customer’s account with the net proceeds of sale (after deduction of all repossession, storage, selling and other costs) or may retain any repossessed Goods and credit the Customer’s account with the invoice value thereof less such sum as Designa Ceramic Tiles reasonably determines on account of wear and tear, depreciation, obsolescence, loss or profit and costs.
  • 8.4 Where Goods are retained by Designa Ceramic Tiles pursuant to clause 8.3 the Customer waives the right to receive notice under s.120 of the Personal Property Securities Act 1999 (“PPSA”) and to object under s.121 of the PPSA.
  • 8.5 The following shall constitute defaults by the Customer:
    • 8.5.1 Non payment of any sum by the due date.
    • 8.5.2 The Customer intimates that it will not pay any sum by the due date.
    • 8.5.3 Any Goods are seized by any other creditor of the Customer or any other creditor intimates that it intends to seize Goods.
    • 8.5.4 Any Goods in the possession of the Customer are materially damaged while any sum due from the Customer to Designa Ceramic Tiles remains unpaid.
    • 8.5.5 The Customer is bankrupted or put into liquidation or a receiver is appointed to any of the Customer’s assets or a landlord distrains against any of the Customer’s assets.
    • 8.5.6 A Court judgment is entered against the Customer and remains unsatisfied for seven (7) days.
    • 8.5.7 Any material adverse change in the financial position of the Customer.

9. PAYMENT ALLOCATION

  • 9.1 Designa Ceramic Tiles may in its discretion allocate any payment received from the Customer towards any invoice that Designa Ceramic Tiles determines and may do so at the time of receipt or at any time afterwards and on default by the Customer may reallocate any payments previously received and allocated.  In the absence of any payment allocation by Designa Ceramic Tiles, payment shall be deemed to be allocated in such manner as preserves the maximum value of Designa Ceramic Tiles’ purchase money security interest in the Goods.

10. DISPUTES

  • 10.1 No claim relating to Goods will be considered unless made in writing within seven (7) days of delivery.

11. LIABILITY

  • 11.1 The Consumer Guarantees Act 1993, the Fair Trading Act 1986 and other statutes may imply warranties or conditions or impose obligations upon Designa Ceramic Tiles which cannot by law (or which can only to a limited extent by law) be excluded or modified.  In respect of any such implied warranties, conditions or terms imposed on Designa Ceramic Tiles, Designa Ceramic Tiles’ liability shall, where it is allowed, be excluded or if not able to be excluded only apply to the minimum extent required by the relevant statute.
  • 11.2 Except as otherwise provided by clause 11.1 Designa Ceramic Tiles shall not be liable for:
    • 11.2.1 Any loss or damage of any kind whatsoever, arising from the supply of Goods by Designa Ceramic Tiles to the Customer, including consequential loss whether suffered or incurred by the Customer or another person and whether in contract or tort (including negligence) or otherwise and irrespective of whether such loss or damage arises directly or indirectly from Goods provided by Designa Ceramic Tiles to the Customer; and
    • 11.2.2 The Customer shall indemnify Designa Ceramic Tiles against all claims and loss of any kind whatsoever however caused or arising and without limiting the generality of the foregoing of this clause whether caused or arising as a result of the negligence of Designa Ceramic Tiles or otherwise, brought by any person in connection with any matter, act, omission, or error by Designa Ceramic Tiles its agents or employees in connection with the Goods.

12. COPYRIGHT AND INTELLECTUAL PROPERTY

  • 12.1 Designa Ceramic Tiles, owns and has copyright in all goods designed and produced by Designa Ceramic Tiles, drawings, specifications, models, photographs, documents and software produced by Designa Ceramic Tiles in connection with the Goods provided pursuant to this contract and the client may use the Goods only if paid for in full and for the purpose for which they were intended and supplied by Designa Ceramic Tiles.

13. CONSUMER GUARANTEES ACT

  • 13.1 The guarantees contained in the Consumer Guarantees Act 1993 are excluded where the Customer acquires Goods from Designa Ceramic Tiles for the purposes of a business in terms of section 2 and 43 of that Act.

14. PERSONAL GUARANTEE OF COMPANY DIRECTORS OR TRUSTEES

  • 14.1 If the Customer is a company or trust, the director(s) or trustee(s) signing this contract, in consideration for Designa Ceramic Tiles agreeing to supply Goods and grant credit to the Customer at their request, also sign this contract in their personal capacity and jointly and severally personally undertake as principal debtors to Designa Ceramic Tiles the payment of any and all monies now or hereafter owed by the Customer to Designa Ceramic Tiles and indemnify Designa Ceramic Tiles against non-payment by the Customer.  Any personal liability of a signatory hereto shall not exclude the Customer in any way whatsoever from the liabilities and obligations contained in this contract.  The signatories and Customer shall be jointly and severally liable under the terms and conditions of this contract and for payment of all sums due hereunder.

15. CAVEAT

  • 15.1 The Customer charges in favour of Designa Ceramic Tiles as security for the Customer’s obligations to Designa Ceramic Tiles, all right, title and interest in any land held now by the Customer alone or jointly with anyone or acquired by the Customer at any time hereafter.  If the Customer defaults in payment of any amount owed to Designa Ceramic Tiles, the Customer specifically authorises Designa Ceramic Tiles to lodge a caveat against any such property and appoints Designa Ceramic Tiles to be the Customer’s Attorney for this purpose.

16. MISCELLANEOUS

  • 16.1 Designa Ceramic Tiles shall not be liable for delay or failure to perform its obligations if the cause of the delay or failure is beyond its control. 
  • 16.2 Failure by Designa Ceramic Tiles to enforce any of the terms and conditions contained in this contract shall not be deemed to be a waiver of any of the rights or obligations Designa Ceramic Tiles has under this contract.
  • 16.3 If any provision of this contract shall be invalid, void or illegal or unenforceable the validity existence, legality and enforceability of the remaining provisions shall not be affected, prejudiced or impaired.

IMPORTANT – RECTIFIED TILES

PLEASE NOTE that the tiles you have chosen are “rectified”.  This means that the edge of each tile has been squared & cut to exact size during the production process.  This results in a beautiful contemporary finish when properly laid.

We strongly recommend, to achieve the best possible look in the finished job, it is important that:

  • The “sub-strate” (the surface on which the tiles are laid) is perfectly smooth, flat and even.
  • Grout joints are kept as small as possible – 1.5mm to 2.0mm
  • Tile edges are protected from possible impact & chipping prior to laying.
  • Large format tiles (> 300x300) are “back-buttered” (adhesive spread thinly over the back of the tile in addition to the adhesive used on the sub strate).
  • Tiles are pressed evenly into the adhesive to achieve a uniformly flat surface – with a straight-edge being used to maintain level with neighbouring tiles.

We suggest discussing these matters with your tiler before work begins.

ESTIMATE DISCLAIMER

PLEASE NOTE that the tile quantities we have indicated are estimates only.  These estimates are based on the information you have provided and include a contingency allowance.  However, because we have not physically verified the measurements, we can accept no responsibility for the quantities estimated.

Should you require us to provide a more accurate costing of your tile selection, we would need accurate measurements in the form of a site measure to be provided by your tiler, or quantities supplied by your architect.

If additional tiles are required to finish your tiling job, DESIGNA will do everything possible to make available the needed quantity and batch, but can provide no guarantee in this regard.

Any goods for credit must be returned within thirty (30) days, in the original packaging and accompanied by the original invoice.

Tiles must have a minimum deposit of 25% paid on acceptance of the quotation.  Goods must be paid for in full prior to dispatch unless otherwise arranged.

Any discount we may have allowed is based on the quantities initially estimated.  Should those quantities change significantly, DESIGNA Ceramic Tiles reserves the right to reconsider the amount of any discount given.

Please do not hesitate to contact us if you have any questions, or if we can help in any way.
Designa Ceramic Tiles