Standard Terms and Conditions > for use with Quotations or Estimates

1. Definitions

Ÿ  1.1 “Designa  Tiles” shall mean Designa Ceramic Tiles Queenstown (2002) Limited.

Ÿ  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 tiles.

Ÿ  1.3 “Goods” shall mean::

Ÿ  1.3.1 all goods of the general  description specified on the front of this agreement and supplied by Designa Tiles to the customer : and

Ÿ  1.3.2  all goods supplied by Designa Tiles to the customer, and

Ÿ  1.3.3  all inventory of the customer that is supplied by Designa Tiles, and

Ÿ  1.3.4  all goods supplied by Designa Tiles and further identified in any invoice issued by Designa Tiles to the customer, which invoices are deemed to be incorporated into and form part of this agreement, and

Ÿ  1.3.5  all goods that are marked as having been supplied by Designa Tiles or that are stored by the customer in a manor that enables them to be identified as having been supplied by Designa Tiles, and

Ÿ  1.3.6  all of the customer’s present and after-acquired goods that Designa Tiles has  performed work on or to or in which goods or materials supplied or financed by Designa 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.

Ÿ  1.4  “Goods” shall  also mean all goods, services and advice provided by Designa 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 supply of goods by Designa Tiles to the customer.

Ÿ  1.5  “Price” shall mean the cost of the goods as agreed between Designa Tiles and the customer and includes all disbursements eg charges Designa Tiles pay to others on the customers behalf subject to clause 4 of this contract.

 

2.  Acceptance

Ÿ  2.1  Any instructions received by Designa 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

Ÿ  3.1  The customer authorises Designa 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 making any goods provided by Designa Tiles to any other party.

Ÿ  3.2  The customer authorises Designa Tiles to disclose any information obtained to any person for the purposes set out in cluse 3.1

Ÿ  3.3  Where the customer is a natural person the authorities under clauses and 3.2 are authorities or consents for the purposes of the privacy Act 1993.

 

4. Price

Ÿ  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 Tiles at the time of the contract.

Ÿ  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 Tiles between the date of the contract and delivery of the goods.

 

5 payment

Ÿ  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)

Ÿ  5.2 Interest may be charged on any amount after the due date at the rate of 2.5 % per month or part month.

Ÿ  5.3  Any expenses, disbursements and legal costs incurred by Designa 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.

Ÿ  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.

Ÿ  5.5  A deposit may be required.

Ÿ  5.6  Progress payments may apply.

 

6. Quotation or Estimate

Ÿ  6.1.1  Where a quotation or estimate is given by Designa Tiles for goods.

Ÿ  6.1.2  The quotation  or estimate shall be exclusive of GST unless specifically stated to the contrary.

Ÿ  6.1.3  Designa Tiles reserves the right to alter the quotation because of circumstances beyond its control.

Ÿ  6.1.4  Accompanying these standard conditions of trade typically is either a quotation or an estimate. In the ordinary  course of events either term is interchangeable except where the customer requires a fixed price based on a fixed quantity and a known product description and all conditions relating delivery, installation etc…. are negotiated prior to the production of the quotation, otherwise it is an Estimate. Please read this document carefully. An estimate or Quotation are valid  for 30 days from the date of issue.

 

7 Risk

Ÿ  7.1  The goods remain at Designa Tiles risk, until delivery or collection by or to the customer. Any claim relating to a delivery must be made with in 24 hours of delivery.

Ÿ  7.2  Delivery or collection by the customer shall be deemed complete when Designa 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 purpose of transmission to the customer.

 

8 Title and security (personal property securities Act 1999)

Ÿ  8.1 Tiles and any goods supplied by Designa Tiles passes to the customer only when the customer has made payment in full for all goods provided by Designa Tiles and of all other sums due to Designa Tiles by the customer on any account whatsoever. Until all sums due to Designa Tiles by the customer have been  paid in full, Designa Tiles has a security interest in all goods.

Ÿ  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 Tiles until the customer has made payment for all goods, and those goods are mixed with other property so as to be part of or a constitute of any new goods, title to these new goods shall deemed to be assigned to Designa Tiles as security for the full satisfaction by the customer of the full amount owing between Designa Tiles and customer.

Ÿ  8.3 The customer gives irrevocable authority  to Designa 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 Tiles believes a default is likely and to remove and repossess any goods and any other property to which Goods and attached or in which goods are incorporated. Designa 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 exclude. Designa 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 invoiced value thereof less such sum as Designa Tiles reasonably determines on account of wear and tear, depreciation, obsolescence, loss or profit and costs.

Ÿ  8.4 Where goods are retained by Designa 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.

Ÿ  8.5  The following shall constitute defaults by the customer.

Ÿ  8.5.1. Non payment of any sum by the due date.

Ÿ  8.5.2  The customer intimates that it will not pay any sum by the due date.

Ÿ  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.

Ÿ  8.5.4  Any goods in the possession of the customer are materially damaged while any sum due from the customer to Designa Tiles remains unpaid.

Ÿ  8.5.5  The customer is bankrupted or put into liquidation or a receiver is appointed to any of the customers assets or a landlord distrains against any of the customers assets.

Ÿ  8.5.6  A court judgment is entered against the customer and remains unsatisfied for seven(7) days.

Ÿ  8.5.7  Any material adverse change in the financial position of the customer.

 

9 Payment Allocation

Ÿ  9.1  Designa Tiles may in its discretion allocate any payment received from the customer towards any invoices that Designa 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 Tiles, payment shall be deemed to be allocated in such manner as preserves the maximum value of Designa Tiles purchase money security interest in the goods.

 

10. Disputes

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

 

11. Liability

Ÿ  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 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 Tiles, Designa 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.

Ÿ  11.2  Except as otherwise provided by clause 11.1 Designa Tiles shall not be liable for:

Ÿ  11.2.1  Any loss or damage of any kind whatsoever, arising from the supply of goods by Designa Tiles to the customer, including consequential loss whether suffered or incurred by the customer or another person and whether in contract or not (including negligence) or otherwise and irrespective of wether such loss or damage arises directly or indirectly from goods provided by Designa Tiles to the customer and:

Ÿ  11.2.2  The customer shall indemnify Designa Tiles against all claims and loss of any kind whatsoever however caused or arising and with out limiting the generality of the foregoing of this clause whether caused or arising as a result of the negligence of Designa Tiles or otherwise, brought by any person in connection with any matter, act, omission, or error by Designa Tiles its agents or employees in connection with goods.

 

12. Copyright and intellectual Property

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

 

13.   Customers Guarantees Act.

         The Guarantees contained in the consumer Guarantees Act 1993 are excluded where the customer    

         Acquires goods from Designa Tiles For the purpose of a business in terms of section 2 and 43 of that act.

 

14.   Personal Guarantee of Company Directors or trustees>

Ÿ      14.1 If the customer is a company or trust, the director(s) or trustee(s) signing this contract, in         

             consideration for Designa 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 Tiles the payment of and any and all monies now or hereafter owed by

             the customer to Designa Tiles and indemnify Designa Tiles against non-payment by the customer. Any

             personal liability of a signatory hereto shall not exclude the customer in any way what so ever 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 tiles as  security for the customers obligations  to Designa

         Tiles, all rights, 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 Tiles, the customer specifically authorises Designa Tiles to lodge a caveat against any such

         property and appoints Designa Tiles to be the customers Attorney for this purpose.

 

16. Miscellaneous

Ÿ  16.1  Designa Tiles shall not be liable for delay or failure to preform its obligations if the cause of the delay or failure is beyond its control.

Ÿ  16.2 Failure by Designa 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 Tiles has under this contract.

Ÿ  16.3 If any provision of this contract shall be invalid, void or unenforceable the validity existence, legality and enforceability of the remaining provisions shall not be affected, prejudiced or impaired.

 

Estimate disclaimer

Please note: that the tile quantities we have indicated are an estimate only. It is suggested your installer check you have enough tiles  allowed for prior to  installation.

These are based on the information you have provided and include a contingency allowance.

If additional tiles are required to finish your tiling job Designa will do every thing possible to make available the needed quantity however, designa  shall not be liable for any delay or failure to obtain the same batch.

 

Claims and Returns

Ÿ  All claims and any requests for a credit must be made with in 30 days from date of invoice. The  invoice must be provided or relevant invoice numbers must be quoted.

Ÿ  No returns are accepted for any natural products i.e marble, rock, sandstone, natural stone, end of line/batch, these are terms imposed upon Designa by their suppliers which pass on to their customers.

Ÿ  Any product that is not stocked or that specifically is to be on indent from our supplier will not be able to be returned for a credit.

Ÿ  Any tiles accepted for a credit must be in good order and in full original box’s.

Ÿ  No returns will be accepted with out prior approval  by Designa Tiles.

Ÿ  Credit will be given at the invoiced price less a handling fee of 20% and/or the freight cost to send goods back to our supplier.