1. INTRODUCTION OF TERMS
a) These Conditions shall apply to all contracts for the sale of goods by Global Building Solutions FZ LLE (hereafter referred to as the “Seller”), to an individual or company (hereafter referred to as the “Buyer”) to the exclusion of all other terms and conditions, including any terms or conditions which the Buyer may purport to apply under any purchase order, confirmation of order or similar document.
b) All orders for Goods & Services shall be deemed to be an offer by the Buyer to purchase Goods and Services pursuant to these Conditions.
c) Any variation to these Conditions (including any special terms and conditions agreed between the parties) shall be inapplicable unless agreed in writing by an authorised representative of the Seller.
d) In the event that any of these Terms and Conditions of sale is deemed wholly or partly unenforceable by a Court of Law, the offending term or terms shall be severed to allow the remaining provisions to apply in full force.
2. SUPPLY OF TILES
a) Tiles may vary in colour and may contain markings, fissures and flaws, some of which may be artificially filled and therefore:
i) unless otherwise agreed in writing this is not a sale by sample and no warranties can be offered to match material from a sample; and
ii) any subsequent order of the same tiles may not come from the same batch; colour and veining differences may be expected.
b) Selection of material to supply to the Buyer will be at the discretion of the Seller unless agreed in writing to the contrary.
c) The supply of samples is at the discretion of the Seller and a charge may be applicable.
d) Tolerances: Thickness calibrations where applicable are subject to a nominal variation. Variance outside the stated range set out in the quotation may occur and the Seller will not be liable unless specifically stated.
e) Images or videos of the Seller’s goods represented on websites or sales literature are for illustration purposes only and not to be relied upon as the basis of a decision to purchase.
f) Tiles are cut manually and therefore edges may not be completely straight – Seller is not responsible for any variation.
3. PERFORMANCE OF TILES
a) The tiles are liable to staining – ceramic and porcelain is not stain-proof and in particular cannot be protected against etching from acidic substances. We highly recommend that the material is treated periodically with a similar product to maintain this resistance.
b) It is for the Buyer to decide if the material is fit for their purpose and no warranty is given by the Seller unless agreed specifically in writing as performance of different materials will vary in different circumstances,(e.g. outdoors, a swimming pool or as a kitchen worktop). We can supply generic test data for all of our products but the Buyer should arrange testing independently to verify suitability for their own project before they purchase.
c) Our products should be professionally installed and any chemical treatments applied in accordance with manufacturer’s instructions for optimum performance.
d) It is the Buyer’s responsibility to ensure that all surfaces and substrates are prepared and adequate for the flooring or products with regard to movement, weight, underfloor heating or any other structural issues. Any advice given on these matters or chemical treatments by the Seller is general and subject to the further approval of the Buyer’s professional advisers.
a) All quotations or estimates are valid for 30 days and are based on information supplied.
b) The Buyer is responsible for confirming that the calculated square metre requirement is correct. The Seller cannot be held responsible for insufficient or surplus amounts being delivered resulting from advised requirements.
c) We may charge for additional visits required that are the result of the customer changing requirements.
d) Lead times are approximate, from full and final instructions, the receipt of a deposit and subject to selected material arriving and performing as expected.
e) Key dates if changed may mean that the company cannot guarantee to adhere to initially planned/agreed timescales with regard to supply, manufacture and delivery.
f) Quotations will be dependent on accuracy of information provided and clear and legible instructions. Any drawings sent to us for the purpose of a quotation must be fully dimensioned, accurate and to scale. The Seller cannot be held responsible for inaccuracies resulting from omissions or inaccurate information from the Buyer. Later amendments must be in writing and may attract a penalty.
a) Any dates quoted for delivery are made in good faith and will be adhered to as far as possible, however time for delivery shall not be of the essence.
b) All deliveries are to roadside only. The load will be delivered, at the driver’s discretion to the nearest and safest point to the property.
c) The Buyer must check the order on delivery for damage, shortages or defect. If the Buyer is unable to fully inspect at the point of delivery and there is any sign of damage, the Buyer or agent must note this on the driver’s delivery note eg ‘crate damaged’ rather than Goods unchecked. The Buyer must advise us of any shortages, damage or defect within 48 hours unless a later inspection has been agreed in writing. Any damage or defect must be photographed and the goods and packing retained for inspection.
d) If the Buyer fails to take delivery of the Goods at the agreed time, then at the Seller’s discretion, the Seller may store the Goods until actual delivery and charge the Buyer for the reasonable costs of storage, including insurance.
e) Terms for delivery outside the UAE must be confirmed in writing.
f) The Seller will not be responsible for the delivery of goods by an independent carrier unless agreed otherwise in writing.
g) Upon delivery best practice is to handle very carefully, remove packing and store vertically on a protected surface to avoid chipping.
6. RISK , PROPERTY & LIABILITY
a) Risk of damage or loss of the goods shall pass to the Buyer when:
i) in the case of goods to be collected, the Seller notifies the Buyer that the goods are ready for collection;
ii) in the case of goods to be delivered by the Seller, at the time of delivery;
iii) in the case of goods delivered by an independent carrier, at the time of collection, unless otherwise agreed in writing; and
iv) if the Buyer wrongfully fails to take delivery, the time when the Seller has tendered delivery of the Goods.
b) Ownership and property in the Goods shall not pass to the Buyer until full payment in cash or cleared funds is made for the full price, including VAT, for the Goods and services provided by the Seller.
c) The Seller will not be liable for the goods whilst in transit by independent carriers unless agreed in writing. Transit insurance for goods collected by independent carriers for delivery to the Buyer’s destination will be the responsibility of the Buyer unless otherwise agreed in writing.
d) Some chipping or breakage is a hazard of transporting the product and the Buyer must allow for at least an additional 10% of product for breakages. The wastage allowance is also intended to cover this situation in addition to allowing some selection.
7. LIMITATION OF LIABILITY
a) No claims in relation to the supply of Goods will be accepted after installation.
b) Where the Seller is advised of a shortage, damage or defect within 48 hours of delivery, and this is established, we will at our option, make good any shortage or non delivery; or replace or repair any damaged or defective Goods.
c) The Seller shall not be responsible for any direct or indirect loss of profits, business or the imposition of a penalty or for any other special, indirect or consequential loss arising from a breach of contract with the Buyer.
8. TERMS OF PAYMENT
a) Payment terms for both the supply & installation of goods are 50% deposit to secure an order unless otherwise agreed in writing.
b) The balance remaining from the Buyer must be cleared before delivery or collection of Goods takes place.
c) In the case of part deliveries, whether at the instigation of the Seller or the Buyer, staged payments may take place if agreed in writing.
d) Terms of payments for samples, where required, are as set out in the quotation.
e) Payments are accepted by Direct Bank Transfer or cheque once cleared.
9. TEMPLATES & CUTTING LISTS
a) Prior to manufacture of Goods, all templates and cutting lists must be presented and checked by an authorised representative of the Seller and be signed with the Buyer or an agent of the Buyer as being in accordance with the Buyers instructions
b) Drawings produced by the Seller are produced in good faith upon the information supplied or obtained. It is the responsibility of the Buyer to check the drawings for any inaccuracies or omissions.
c) Changes to original specification may result in additional charges and we may charge for additional visits required that are the result of the customer not complying with our template/installation process where applicable.
10. DISPUTE RESOLUTION
a) In the event of a dispute arising under a contract it will be subject to the laws of England and Wales and any proceedings will be within that jurisdiction.
b) The terms of the Housing Grants, Construction and Regeneration Act 1996 Part 11 will be implied in default of a contractual provision where applicable.
c) Adjudication: Either party may give notice at any time of his intention to refer a dispute to adjudication under a procedure complying with the provisions of the Housing Grants, Construction and Regeneration Act 1996 Part 11 s.108 where applicable.
11. CANCELLATION FOR BUSINESS CUSTOMERS
a) Orders are processed swiftly and therefore cancellations should be notified and confirmed in writing to the Seller at the very earliest opportunity to minimise losses.
b) Deposits are non-refundable unless otherwise agreed in writing by the Seller
12. RIGHT OF CANCELLATION FOR CONSUMERS
a) This clause only applies if you are acting for a purpose outside your business and there has been a distance or off premises contract as defined under Consumer Contracts Regulations 2013 (applies from 13.06.2014). Distance Contract means any contract concerning goods or services between a supplier and a consumer under a distance sales or service provision scheme that makes exclusive use of distance communication up to and including the moment at which a contract is made. Off premises contract is where the contract was concluded at a meeting away from our business premises.
b) You may cancel this Agreement within 14 working days (period of cancellation) beginning the day after you receive the Goods without giving any reason. The cancellation period will expire after 14 days.
c) To exercise the right to cancel you must inform us of your decision to cancel this contract by clear statement in writing. You may do this by using the model cancellation form below , a letter or email sent within the 14 days to us at our registered office at Global Building Solutions FZ LLE Office 1309 Creative Tower Fujairah UAE email@example.com.
If you tell us verbally you will still need to send confirmation in writing within the 14 days. Please ensure that we have received this by seeking a written acknowledgment by letter or email from Global Building Solutions FZ LLE.
d) A model cancellation form is as follows:
To Global Building Solutions FZ LLE Office 1309 Creative Tower Fujairah UAE firstname.lastname@example.org
Subject line:Consumer cancellation
I/We hereby give notice that I/We cancel my/our contract of sale of the following goods:
Ordered on/received on: Date
Name of Consumer:
Address of Consumer:
Signature of consumer ( if notified on paper)
e) You cannot cancel if the Goods are made specifically for you, or you have installed or laid them or used them.
f) If you wish to cancel Goods which have already been delivered, then you must return the Goods to us at your own cost and risk. If we collect the goods, then you will be liable for the cost of collection. Our acceptance of your order is on the basis you agree to bear these costs.
g) You have a duty of care during the period of cancellation to ensure that the goods are returned to us in the condition in which they were delivered. We reserve the right to charge for any damages caused by failure to carry out your duty of care or by unnecessary handling.
h) If you cancel this contract we will reimburse to you all payments received from you including delivery (except for additional charges beyond a basic standard delivery). We will repay by the same means of payment not later than 14 days after we receive the returned goods.
i) Our written communication with you will be by email as a durable medium unless you request a paper copy. Any such request must be in writing (by letter or email) for the avoidance of doubt .
j) In the event of a complaint or query, please write to Ryan Murphy, ryan@gbsolutionsgroup.
13. CONFLICT OF TERMS
It is agreed that sales are made on the terms, conditions and warranties contained herein. To the extent of any conflict, these terms and conditions take precedence over any on buyer’s order form. No agreement altering, modifying or extending the terms of this agreement shall be valid unless in writing, duly signed by the parties.
14. FORCE MAJEURE
Global Building Solutions FZ LLE shall not be liable for any delay in delivery or suspension or cancellation of performance or other failure of performance hereunder due to any causes beyond its control, including but not limited to, acts of God or government, war, embargo, trade disputes, labor disputes or inability to secure materials, labor or transportation. In the event of such delay, Global Building Solutions FZ LLE’s time for delivery or other performance shall be extended for a period equal to the duration of such delay – unless the Force Majeure event is prolonged for a period of two months from notice of being served – in this case the Buyer or the Seller has the option to terminate the contract – however the deposit paid will be retained by the Seller in the event that the product has been manufactured and stored.