TERMS & CONDITIONS for
Designa Ceramic Tiles (SI) Limited T/A Designastyle
The following terms of trade apply:
1. PAYMENT TERMS
Terms of payment are 20th of the month following the invoice date, unless otherwise arranged in advance and confirmed in writing by Designa Ceramic Tiles (SI) Limited.
Credit Card payments over $1,000 incur a 2.37% fee.
Any late payment will incur interest at a rate of 10% per month plus any debt collection fees.
We reserve the right to require either security or payment in advance before any service.
2. INTEREST AND LEGAL EXPENSES
If you fail to make a payment by the due date you shall be liable to pay us: (a) Default interest on the amount outstanding calculated at 10% per month, and shall accrue after as well as before judgement. (b) All expenses, including collection costs from obtaining the services of a debt collection company and/or legal fees in relation to any overdue amount will be added to your account and you as the client are liable for its payment.
Any instructions received by the contractor from the client for the supply of goods and or services, shall constitute acceptance of the terms & conditions contained here in.
4. DELIVERY OF SERVICE:
Delivery shall be deemed to be completed upon receipt of the goods and or services by the customer.
Any concerns with the service provided, will lead to the client notifying the contractor in writing within 7 days from completion.
6. PRIVACY ACT
6.1 The client permits the contractor to collect use and retain information concerning the client, for the purpose of assessing the clients credit worthiness or to enforce any rights under this contract.
6.2 The client permits the contractor to disclose information obtained to any person for the purposes set out in 6.1
7. PERSONAL PROPERTY SECURITIES ACT 1999
7.1 The client agrees that the provisions here in constitute a Security Interest in Personal Property (as those terms defined in the Personal Property Securities Act 1999 (“PPSA”) in respect of which the contractor may register a financing statement on the Personal Property Securities register.
7.2 The client hereby waives its rights contained in sections 116,119,120(2), 121,125,126,127,129,131 and 132 of the PPSA.
8.1 The contractor may cancel these terms & conditions or cancel the Service by giving written notice. The Contractor shall not be liable for any loss or damage arising from such cancellation. 8.2 The client may cancel services at the contractor’s sole discretions and will be liable for any costs incurred by the contractor.
9.1 Where a quotation is given by Designa Ceramic Tiles (SI) Limited for Goods unless otherwise agreed the quotation shall be valid for 60 days from the date of issue.
9.2 Designa Ceramic Tiles (SI) Limited reserves the right to alter the quotation because of circumstances beyond its control. Where goods are required in addition to the quotation the Customer agrees to pay for the additional cost of such Goods.
9.3 Any discount we may have allowed is based on the quantities initially estimated. Should those quantities change significantly Designa Ceramic Tiles (SI) Limited reserves the right to reconsider the amount of any discount given.
9.4 Tiles must have a minimum 50% deposit paid on acceptance of the quotation. Goods must be paid for in full prior to dispatch unless otherwise arranged.
10. ORDERING AND RETURNING PRODUCT
10.1 Designa Ceramic Tiles (SI) Limited requires a 50% deposit on all orders, with the balance to be paid before or upon collection. All goods remain the property of Designa Ceramic Tiles (SI) Limited until paid for in full.
10.2 Measurements are to be taken by the Customer’s tiler or builder and orders made carefully. Designa Ceramic Tiles (SI) Limited cannot guarantee that any extras required will be of the same batch. Any additional freight costs will be passed on to the Customer.
10.3 Designa Ceramic Tiles (SI) Limited will count off and check for faults on arrival and dispatch. It is the Customer’s responsibility to notify us immediately of any incorrect, damaged or faulty goods. Claims must be received within 14 days of purchase.
10.4 Designa Ceramic Tiles (SI) Limited will apply a 20% handling fee and return freight costs to all returns. Returns must be in full boxes, unopened and in good condition, and must be made within 14 days of purchase.
10.5 The Customer must check batches, sizes, quantities and appearance prior to installation. Claims regarding these cannot be accepted after fixing. Designa Ceramic Tiles (SI) Limited cannot guarantee additional supply of the same batch/product.
10.6 The Customer must return Products to Designa Ceramic Tiles (SI) Limited within 14 days of purchase. The Customer will be charged a minimum a 20% handling fee and freight costs. Some items may not be able to be returned.
10.7 Designa Ceramic Tiles (SI) Limited will collate small orders (10 m2 or less) with their next large order. If the Customer requires an order urgently Designa Ceramic Tiles (SI) Limited can provide a 2-day freight service with a minimum freight charge of $75 for pallets and $30 for parcels. This may vary slightly.
11. INDENT ORDER TERMS AND CONDITIONS
See Appendix 1
“Contractor” means Designa Ceramic Tiles (SI) Limited.
“Customer “ means the person , authorised agent or legal entity described in the application, or stated on the invoice or order form/ quote , buying goods and services from Designa Ceramic Tiles (SI) Limited.
“Goods” and or “Services” shall mean all goods, services and advice provided by Designa Ceramic Tiles (SI) Limited to the Client 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 charge associated with the supply of goods or services by Designa Ceramic Tiles (SI) Limited to the Client.
INDENT ORDERS TERMS & CONDITIONS for Designa Ceramic Tiles (SI) Limited T/A Designastyle
If you require Designa Ceramic Tiles SI Ltd to indent a specific tile that is not normally part of its product inventory, or if you require an amount that is in excess of the company’s normal purchase order amount, then we will usually be happy to assist. However it should be noted that your order will be subject to Designa Ceramic Tiles SI Ltd’s standard “indent” terms and conditions which are as follows;
1. There are always time delays inherent to indenting specific orders. At its quickest, the process can take approximately 8 weeks, however it often takes considerably longer (10-12 weeks) depending on the size and nature of the order and the immediate availability of stock from the Italians’ warehouse stocks.
2. Designa Ceramic Tiles SI Ltd will tell you if there are any likely delays notified to us at the outset by suppliers &/or carriers. Examples of things that can cause delay are new production being required at the factory, industrial action or strikes with truck transportation or on the wharves, summer holiday disruption in Europe (usually August), Christmas peak shipping loads (mostly Singapore & Asia) etc.
3. No assurance can be provided by Designa Ceramic Tiles SI Ltd regarding any delays that may be experienced as a result of supplier or shipping issues beyond the direct knowledge or control of Designa Ceramic Tiles SI Ltd.
4. You may cancel your order without penalty and at any time prior to the commencement of the voyage to New Zealand. The ‘voyage’ is deemed to commence at the time the container is loaded at the factory with your order. This loading triggers Designa Ceramic Tiles SI Ltd’s legal obligation to pay the supplier and therefore also triggers the non-refundability of the deposit you have paid (see below).
5. If you instruct us to proceed with an indent order you will be required to pay Designa Ceramic Tiles SI Ltd a non-refundable deposit of 50% of the value of the order. This will need to be paid to Designa Ceramic Tiles SI Ltd immediately upon placement of your firm order. We will provide you with an invoice in respect of this deposit.
6. The balance of payment for your tile order must be paid prior to your delivery to you in New Zealand, or seven days after the indent order arrives to Designa Ceramic Tiles SI Ltd, whichever comes first
7. Indent orders will only accepted for the minimum quantities shipped by the supplier. For example, if pieces are not sold individually, you must order to the nearest whole box. Similarly, many 600x600 mm tile suppliers have a minimum quantity order of 4.32 m2. Please enquire about this if unsure.
8. Please be aware that some suppliers have a separate price scale for orders less then a full pallet. If you are ordering less then a full pallet kindly check the pricing with us prior to confirming your order.
9. No returns will be accepted in respect of indented stock.
10. There is always a degree of ‘wastage’ in any tiling job and therefore it is normal to order more product than is directly evident from the area to be tiled. The ‘wastage factor’ is a variable that is under direct control of your tiler. Therefore it is important that your tiler provides you with its best estimate of the quantity of tiles that will be required. Designa Ceramic Tiles SI Ltd are happy to estimate off your plans, but we can not be held responsible for any errors or over or under-estimation. There is nothing more frustrating (and potentially costly) as being a box or two short of completing a tiling job. It is better to order appropriately (with the active engagement of your tiler) than to suffer the expense of running short.