Terms and conditions
Standard Terms & Conditions of Sale
RAK Ceramics UK Ltd
a. All orders are to be sent via fax using correct and complete product codes and descriptions.
b. No order will be accepted unless this method of ordering is complied with unless with prior written authorisation by RAK Ceramics UK Ltd.
2. Delivery and Risk
a. On tiles, we offer a kerb side delivery service only.
b. Every effort is made to deliver goods within the quoted time, however no liability can be accepted if this time is exceeded.
c. A delivery charge may be applicable.
3. Inspection / Short delivery Non Delivery damaged Goods
a. Only claims noted on the delivery note or notice given to the sales office in writing within 48 hours of delivery will be considered.
b. The Buyer is under a duty to undertake a careful inspection of the Goods on delivery or on collection as the case may be.
c. Where the Goods cannot be examined the carrier’s note or such other note as appropriate shall be marked by the Buyer “not examined” with reason why, also noting visual damage and returned to the Seller.
d. The Seller shall be under no liability for any defects or shortages that would be apparent on a careful inspection if the terms of this clause are not complied with.
e. Subject to clause 3(d), the Buyer shall notify the Seller in writing of any defects or shortages within 48 hours.
f. The Seller shall be under no liability for any damage or shortages of product once the product has left the purchasers premises.
4. Shading & Crazing - Tiles
a. It is the responsibility of the purchaser to check that all boxes that RAK Ceramics UK Ltd deliver have the same shade number and that all borders and decors are of suitable shade.
b. We cannot be held responsible for tiles once they have been fixed.
c. We strongly recommend that all tiles are purchased in the one order as we cannot guarantee that the same shade will be supplied for any additional orders.
d. Crazing is inherent in the manufacturing process and sometimes occurs therefore we ask that you ensure all tiles are inspected before fixing as no replacements can be offered once tiles are fixed.
e. We would be happy to supply any tiles that may have crazed if we are notified before fixing.
a. Samples supplied are done so in good faith and represent the shade at the current time of manufacture.
b. The shade may alter from batch to batch.
c. Samples may be charged for.
6. Tile Thickness and Distortions
a. All tiles are subject to standard manufacturing distortions such as different thickness of tiles even within the same range, bowed tiles, arched tiles and even marked tiles.
b. It is the responsibility of the purchaser to ensure that when fitting, each tile is thoroughly inspected before fitting and that it is to the purchasers liking as no replacement will be offered after fitting.
a. Unless otherwise agreed in writing, all prices quoted are exclusive of delivery to the Buyer and exclude V.A.T. All additional charges such as cost of carriage insurance, fees for export, transit, import and other permits and certificates and all taxes and Custom duties shall be borne by the Buyer, as the need arises.
b. The Seller reserves the right to raise the price of goods by written notification to the Buyer.
a. Cancellation by the Buyer without the Seller’s written permission will entitle the Seller to repudiate the Contract and retain any monies paid in advance.
b. Cancellation of sundry items will be subject to a handling fee
9. Returned Goods
a. Returned goods will be subject to a 25% re-stocking and further subject to confirmation by this office in writing, a standard carriage charge (applicable at the date of receipt of the returned Goods by the Seller) shall be payable by the Buyer in respect of any returned goods other than those Goods returned to the Seller under clause 3(d). In the case of the Goods either damaged by the Buyer or not coming within the provisions of Clause 3(d) the Seller may in its absolute discretion decide whether to accept the return thereof. b. b. Subject to written acceptance by RAK Ceramics UK Ltd, any tiles/sanitary ware that is to be returned must be returned within 28 days of purchase if they are in unopened boxes and if they match the current shade stocked.
c. No credit shall be given or replacement made by the Seller for Goods which are no longer in their original packaging or shade variant, or which are no longer sold by the Seller on the date on which the Buyer returns the Goods to the Seller.
d. If it is practical to repair and repack goods a quotation will be sent to the buyer for acceptance or request for the return of their goods within 3 months of the receipt of such quotation. The Seller reserves the right to dispose of any goods not returned to the Buyer after that time.
e. Returns are subject to and at the discretions of RAK Ceramics UK Ltd.
f. The RAK Ceramics UK Ltd returns procedure must be followed in order for a credit note to be issued.
10. Reservation of Ownership
Goods in satisfactory condition and keep them insured on RAK Ceramics UK Ltd´s behalf for their full price against all risks to the reasonable
a. The Goods are at the risk of the Buyer from the time of delivery.
b. Ownership of the Goods shall not pass to the Buyer until RAK Ceramics UK Ltd has received in full (in cash or cleared funds) all sums due to it in respect of:
- the Goods; and
- all other sums which are or which become due to RAK Ceramics UK Ltd from the Buyer on any account
c. Until ownership of the Goods has passed to the Buyer, the Buyer shall:
- hold the Goods on a fiduciary basis as RAK Ceramics UK Ltd´s bailee;
- store the Goods (at no cost to RAK Ceramics UK Ltd) separately from all other goods of the Buyer or any third party in such a way that they remain readily identifiable as RAK Ceramics UK Ltd´s property;
- not destroy, deface or obscure any identifying mark or packaging on or relating to the Goods; and
- maintain the satisfaction of RAK Ceramics UK Ltd. On request the Buyer shall produce the policy of insurance to RAK Ceramics UK Ltd.
d. The Buyer´s right to possession of the Goods shall terminate immediately if it or he:
- suffers or allows any event which is a process of, is in contemplation of, or is designed to commence or procure, bankruptcy or insolvency or any related state; or
- suffers or allows any execution, whether legal or equitable, to be levied on his/its property or obtained against him/it, or is unable to pay its debts within the meaning of section 123 of the Insolvency Act 1986 or ceases to trade; or
- encumbers or in any way charges any of the Goods.
e. RAK Ceramics UK Ltd shall be entitled to recover payment for the Goods notwithstanding that ownership of any of the Goods has not passed from RAK Ceramics UK Ltd
f. The Buyer grants RAK Ceramics UK Ltd, its agents and employees an irrevocable licence at any time to enter any premises where the Goods are or may be stored in order to inspect them, or, where the Buyer´s right to possession has terminated, to recover them.
11. Payment Terms
a. Unless otherwise stated in writing, payment for the Goods shall be due in full together with any V.A.T, 30 days from date of invoice.
b. Time for payment of the price shall be of the essence.
c. The Seller shall be entitled to charge interest on overdue amounts from the due date until payment at the rate of three percent (3%) per month over the rate of interest charged to the Seller or Bank of England base rate whichever is the greater.
a. Each of the sub-clauses in Clause 12. is to be treated as separate or independent.
b. Nothing in Clause 12 shall be deemed to exclude or restrict the Seller’s liability for death or personal injury resulting from negligence or any breach of the Consumer Protection Act 1987.
c. The Seller’s liability for other loss and damage resulting from negligence shall be restricted to the value of the Goods which caused the damage.
d. The description of the Goods contained in the Brochure is deemed to be exhaustive. The measurements, dimension and weights and shades contained in the Seller’s catalogue is an approximate guide only and do not constitute part of the description of the Goods nor do they constitute representations by the Seller.
e. The Buyer acknowledges that the Seller’s brochures, technical circulars, price lists and other literature are subject to change at the discretion of the Seller and that the Buyer does not rely upon the information contained therein.
f. The Buyer agrees to inform the Seller in writing either before or at the time of placing an order with the Seller of any particular purpose for which the Goods are being purchased. In the absence of such written notification the Seller is deemed not to have notice whether express or implied of such purpose.
g. Save as expressly stated herein, all Warranties and Conditions whether expressed or implied by statute (including in particular Section 13. 14 and 15 of the Sale of Goods Act 1979), usage, trade custom or otherwise relating to the quality or nature of the Goods or their life or wear or fitness for any particular purpose or use under any specific conditions are hereby expressly excluded.
h. The buyer agrees that it will not make any representation regarding the quality, safety or performance of the Goods to third party purchasers unless such representations are specifically made to the Buyer by the Seller in writing.
i. The Buyer warrants that it will not make or allow any third party to make modifications or alterations to the Goods otherwise than in accordance with the Seller’s specific written instructions.
j. The Buyer shall indemnify the Seller against any liability suffered by the Seller attributable to the act or omission of the Buyer or the Buyer’s agent.
k. In the event that the Seller is threatened with or involved in any legal action, whether civil or criminal, (“the action”), concerning Goods supplied to the Buyer by the Seller:-
- the Buyer will on receipt of a written demand from the Seller make any of the Goods available to the Seller for inspection at such times as the Seller may reasonably request and deliver to the Seller copies of all documents in the Buyers custody, possession or control relating to the Goods concerned which are relevant to the action.
- the Buyer will assist the Seller in avoiding or defending the action or minimising the damage resulting from the action including but not limited to tracing the ultimate purchasers of the Goods and hereby irrevocably appoints the Seller as the Attorney of the Buyer for the purpose of exercising for and on behalf of the Seller all of the Buyer’s legal rights against handlers, carriers, warehouses, purchasers
and other parties who had contact with the Goods.
l. Subject to Clause 12(b) the Seller shall not be liable for any consequential or indirect loss suffered by the Buyer whether this loss arises from breach of a duty in contract or tort or in any other way (including loss arising from the Seller’s negligence), whether expressed or implied.
m. The Seller’s total liability for all claims arising out of any one Contract shall not exceed the Contract price.
The Seller shall during and after the termination of the Contract keep confidential all information acquired from the Buyer or which becomes known to the Seller in connection with the Contract for the Seller’s business.
The Buyer shall not assign the Contract without the written agreement of the Seller.
15. Governing Law and Jurisdiction
The Contract shall be governed by and construed in accordance with English law and all disputes arising in connection with the Contract shall be submitted to the jurisdiction of the English Courts.
Our Ref: 12/2012