CONDITIONS OF SALE:

If you place an Order with Tiles Expo, the below Conditions of Sale are applicable.

1. DEFINITIONS:
(a) Buyer and You means the purchaser of the Goods, whose details are set out in the invoice.

(b) Goods means the products and, if any, services specified in the invoice.

(c) Order means an order made between the Buyer and Tiles Expo for Goods as set out in the invoice.

2. GENERAL:
(a) Any Order accepted by Tiles Expo whether or not it is based on or results from a price list or an Estimate given by Tiles Expo is deemed to incorporate these Conditions of Sale. No variation or modification of or substitution for these Conditions of Sale shall be binding unless agreed to by Tiles Expo in writing.

(b) All express or implied representations, conditions, statutory guarantees, warranties, and provisions (whether based on statue, common law, or otherwise), relating to these Conditions of Sale that are not contained in it, are excluded to the fullest extent permitted by law.

3. RISK and TITLE:
(a) Risk in each order passes to the Buyer/Builder upon delivery of the Goods or collection of the Goods by the Buyer/Builder, their agent or courier as the case may be.

(b) Tiles Expo reserves all rights in relation to the Goods until all accounts owed by either the buyer or builder has been paid to Tiles Expo.

Australian Law entitles rightful ownership of the goods to the vendor (Tiles Expo) until full payment is made and further more once the goods have been delivered/taken, responsibility for the goods in all regards reverts to the purchaser/consignee.

These are rights including, but not limited to:
(a) The ownership of the Goods;

(b) Entering the Buyer’s premises (or the premises of any associated company or agent where the goods in question are located) without liability for trespass or any resulting damage and retake possession of the goods; and subject to;

(c) Subject to and in accordance with, the Personal Property Securities Act 2009 (Cth), to keep or resell any Goods repossessed pursuant to paragraph 14(a)(ii) above.

4. SAMPLES & BATCH VARIATIONS:
(a) Not withstanding any samples exhibited to the Buyer, the sample was so exhibited solely as a guide for the Buyer to judge for themselves the selection of the Goods, and not as a sale by sample. Samples obtained from any of our showrooms are to be considered indicative only and all tiles sold are subject to their normal and natural colour variations. Colour or size variations can occur from batch to batch. A shade difference to any display stock or samples obtained, will not be considered as a defect. Please contact us immediately if you have any concerns prior to installation.

(b) Kiln fired tiles have always had a degree of shade variation between tiles and different production batches. Tiles are made from natural clays and silicas that end up reacting differently during the entire firing process. Also, tiles are always sorted at the factory and packaged by factoring in tolerances, shade, and size. Please be aware that the batches do differ a great deal and sometimes even dramatically. Every batch can vary in shade, calibration (size) and texture. This is an inherent characteristic in all ceramic/porcelain tiles. If you later make an Order of a particular tile type, all tiles you receive will be from one batch. However, your order may be from a different batch to the sample batch. Sizes indicated on your selection are nominal only.

Please Note - If a shade variation or defect can be seen when the job is completed, then it can be seen when the job commences. Shade variation or defect complaints will not be considered if the project has proceeded to a point where a simple substitution of goods is impractical.

5. QUANTITY CALCULATIONS, DRAWINGS & DESCRIPTIONS:

(a) Tiles Expo offers estimations of quantities as a service only. Tiles Expo takes no responsibility for incorrect quantities due to misrepresentation of plans or information supplied by the client. Quantities include an allowance for wastage and breakages but the percentage of this allowance is hard to determine as all trades work differently.

(b) All specifications, drawings and particulars of sizes and dimensions submitted to Tiles Expo are approximate only and any deviation from any of these things does not invalidate any contract with Tiles Expo or form grounds for any claim against Tiles Expo.

(c) Any descriptions, illustrations and performances contained in catalogues, price lists and other advertising matter do not form part of the contract of sale of the Goods or of the description applied to the Goods.

(d) Where specifications, drawings or other particulars are supplied by the Buyer for the purposes of the Goods order, Tiles Expo’s price will be calculated on the basis of estimates of quantities required to provide the Goods as specified, drawn or otherwise particularised by the Buyer. If there are any adjustments in quantities above or below the quantities as set out in the Order, then any such increase or decrease will be adjusted on a unit rate basis according to unit prices set out in the Order.

6. COLOUR SELECTIONS:
(a) At Tiles Expo / Tile Boutique we thank you for completing your tile selection with us and want to ensure your project runs smoothly. Please review the paperwork carefully to ensure that the product name, colour, size, finish, grout and placement are accurate and suitable for the application. Your Colour Selection may later inform your order with Tiles Expo, so it is important the details are correct.

If you have any queries, please contact the consultant and/or branch listed on your paperwork.

(b) Purpose of Colour Section - The purpose of Colour Selection is to indicate what tiles & accessories you would like to choose for your home, so that you have a record that can then be forwarded onto your builder, if required. At this stage, the expected cost is generic and not specific to your required quantities and/or specifications.

(c) Colour Selection is not a binding contract; there is no obligation for you to purchase the tiles you have selected, and there is no promise by Tiles Expo that these tiles will be delivered or available if and when required. At this stage there is no allocation of any goods into our computer system until a confirmed order is received or a deposit is paid. If you later decide to place your order, the terms and conditions of sale will be agreed at this time between you and Tiles Expo. The expected cost of the tiles in your Colour Selection may also change, and will later be agreed by you and Tiles Expo, if an order is confirmed.

7. ESTIMATES/ORDERS:
(a) Tiles Expo’s Estimates are an estimate of costs only and are not a binding contract for sale. For an estimate to be converted to an Order, a deposit is required to be paid. Estimates are only valid for a period of 30 days. In order to provide your Estimate, Tiles Expo will rely on the information you have provided in relation to the product name, colour, size, finish, grout and placement that you require. It is your responsibility to ensure that the information is comprehensive, accurate and suitable for what you require, and does not represent that the product or specifications you have requested will be suitable for the application that you require.

(b) A 25% deposit is required to secure the price & availability of your order in our software system. Tiles Expo recommend that you place your Order with as much notice as possible to secure availability. Tiles Expo reserves the right to accept or reject in whole or in part any Order made. Prices provided are inclusive of GST unless otherwise stated. Quantities ordered will be rounded up to the nearest box.

(c) Please ensure that your required date for your order is accurate, to enable us to supply the goods when required. The balance of the order must be paid in full within 180 days from date of order or prior to delivery or collection from a branch. Payment plans can be discussed with your consultant. Payment can be made via Credit Card, EFT, Cash or Cheque in store.

(d) Prices quoted are calculated at the date of issue of a relevant quotation and include rates provided by third party providers. Third party rates include the cost of freight, insurance, customs duties, exchange, shipping expenses, sorting and stacking charges, cartage, rate of water, cost of materials and other charges affecting the cost of production (Third Party Rates). Third Party Rates may vary slightly from the date of the quotation to the time of delivery of the Goods. The Buyer will be liable for any increases in Third Party Rates.

(e) If Tiles Expo makes any alterations to the price of the Goods or to any of their inputs either before acceptance of or during the currency of the contract, these alterations are for the Buyer's account.

8. DISCONTINUED, PROMOTIONAL & CLEARANCE LINES:
(a) Discontinued lines, Clearance Lines and end of batch or damaged stock are sold as is. A 50% deposit is required to hold stock that is discontinued, end of batch, damages or otherwise clearance lines.

(b) Promotional/Clearance sales are valid for the term of the month of the specified promotional period and may be honoured up to 30 days after the sale period ends, at Tiles Expo’s discretion. The balance of the payment must be paid within 30 days of the Order being placed.

(c) Prior to installation, please check that they are not broken/damaged and ensure that you have sufficient tiles to complete your job. Refer to Return/Credits Heading

9. SPECIAL ORDER
(a) Special Ordered Tiles a non-refundable 50% deposit is required to order the requested product. Approximate delivery time from date of order is 14-16 weeks, depending on supplier availability, country and shipping schedules. Where extra quantities are required, they must be ordered within the same time frame. Quantities will be rounded up to the nearest box. No cancellations or refunds are accepted. Refer Quantities Calculation Heading 5

(b) Tiles Expo will use reasonable efforts to deliver the goods by the date and place specified to you, however, delivery dates are estimates only. Time is not of the essence. Any delay does not give you the right to cancel an order or to terminate these Conditions of Sale.

(c). Tiles Expo is not liable for any failure to provide goods due to transportation or shipping delays or any other circumstances that are beyond Tiles Expo’s control.

10. ACCEPTANCE of GOODS/PRIOR to INSTALLATION:
(a) On receipt of your delivery or pickup and prior to installation, use or modification, you must ensure that the Goods are exactly what was ordered and suitable for use and that you have sufficient tiles to complete the job. The buyer must check/confirm with the tiler/tradesperson that the tiles and the layout are correct as requested. Please advise your tiler/tradesperson, that once the tiles are installed, this constitutes acceptance of the quality of the product.

(b) If there are any issues, you must immediately and no later than 7 days after delivery acceptance, report any issues to Tiles Expo. If the Buyer fails to give such notice to Tiles Expo within that time, the Goods shall be deemed to be in all respects in accordance with the Order and the Buyer is responsible to accept and pay for same.

(c) Tiles Expo will not be responsible for any size or colour variation once the tile has been laid, attached or otherwise incorporated into any real or personal property. It is the Buyer’s responsibility to check for variation or defect prior to installation.

(d) Tiles Expo provides no guarantee or advice for installation, fixing, grouting or maintenance of the Goods. It is the responsibility of the Buyer to find an experienced tiler and Tiles Expo is not responsible for the Goods after installation. No Goods are guaranteed against chipping, crazing and wearing unless confirmed in writing by Tiles Expo. Optical hazing is not a defect and no claims will be recognised. Tiles Expo is not responsible for damage to your tiles by cleaning products.

(e) Tiles Expo are not responsible for damage to your tiles by cleaning products. If unsure what products can be used, please consult us.

(f) To avoid damage by foreign material both during & after installation, we recommend the use of suitable protective measures to alleviate any accidental damages.

(g) Where goods are delivered to any site or as specified by the buyer/builder, the goods are at risk of the buyer, at all times.

11. PICK UP ORDERS:
(a) Selby Warehouse - When collecting your Order from the Selby Warehouse or a local Branch, it is important to provide adequate transport, capable of carrying the full weight of the whole order. Staff can provide weight details at time of ordering. For orders over 20m2 either a trailer or utility vehicle will be necessary. Please check the load capacity of your vehicle and provide your own tie-down straps. Due to Work, Health & Safety regulations, tiles packed onto pallets cannot be hand loaded into your car. Tiles cannot be spilt loaded.

(b) Selby Warehouse: Requires minimum 90 minutes’ notice. Ordering is to be done prior with your consultant. You will need your order number for collection, located at 314 Selby St Osborne Park.

(c) Branches: Due to our large volume of stock, showrooms are unable to hold stock. All Orders require prior ordering through your consultant and Orders will be supplied to the specified store within 2/3 business days.

(d) Tiles Expo is not responsible for the goods once they are picked up from Selby Warehouse or a local Branch either by you or third party courier service.

(e) Tiles Expo do not recommend third party courier services and take no responsibility for late deliveries or Goods damaged in transit. It is the responsibility of the customer to take necessary care to ensure their Goods for late delivery or damaged Goods.

12. DELIVERIES:
(a) Tiles Expo’s delivery service includes pallet drop off with a forklift into a garage or other easily accessible area. Only ground floor deliveries are made.

(b) Due to the high volume of deliveries per day Tiles Expo is unable to give you an exact delivery time. However, upon request our delivery team will contact you 1 hour prior to the Goods being delivered.

13. RETURNS and CREDITS:

• No credit refunds will be granted 60 days after invoice date.
• Returns will only be accepted if they are returned in the same condition as received. Full boxes only are accepted and tiles must be in a saleable condition including the box and from a batch that is currently in stock. Mosaic / Décor tiles sold as single units are accepted as such.
• Returns will not be accepted on sale items, discontinued & clearance lines, non-stocked items, special ordered tiles or tiles no longer in stock.
• Original Invoice must accompany all goods returned.
• A 30% handling charge will apply to all returns.
• Refunds are issued directly from Head Office via Credit Card or Net Bank facilities only.

14. CANCELLATION of ORDERS:
(a) No Order may be cancelled by the Buyer except with the written consent of Tiles Expo. Cancellations must not be made on special ordered tiles, for discontinued lines, end of batch or damaged stock or promotional sale goods.

(b) If a cancellation in writing is accepted by Tiles Expo, it will be subject to a restocking fee of 30% of the value of that order. Such an amount is a reasonable pre-estimate of the losses that Tiles Expo will incur in such circumstances.

(c) Tiles Expo may cancel any order which it cannot fulfil for any reason and your deposit will be refunded in full.

(d) A termination fee of 30% of the value of the total order applies to any orders that are cancelled.

15. BANKING DETAILS:
(a) Payment can be made via credit card, EFT, cash or cheque in store. Banking Details are as follows:
Account Name: Salomone Projects PTY LTD T/A Tiles Expo
BSB: 086 – 006 Account Number: 452 504 162

(b) In your description, please include your Order number (found on the top righthand side of your Estimate/Order/Invoice) and your surname. Please allow 2-3 days for payment to clear. You must email a copy of your receipt to your consultant.

16. PLACE OF CONTRACT:
This agreement shall be governed by and construed in accordance with Western Australian law. The parties submit to the non-exclusive jurisdiction of the courts and tribunals of the governing law jurisdiction. Nothing in this clause is intended to undermine the jurisdiction of the Federal Court of Australia or Federal Circuit Court of Australia.

If you have any queries, please Contact Tiles Expo:

Email sales@tilesexpo.com.au.

Phone 0893288111