TERMS & CONDITIONS
1. Definitions
In these conditions unless the context requires otherwise the singular shall include the plural and the masculine gender the feminine and neuter genders and vice versa and the following words shall have the meanings set out opposite them:-
(a) “the Company” shall mean (Armatile Ltd);
(b) “the Customer'' shall mean any person firm company or organization to whom the Company agrees to sell “the Goods”;
(c) “the Goods shall mean the goods (and any part thereof) the subject matter of the contract as described in these conditions and (if appropriate) on the face of the Company’s dispatch note;
(d) “the Manufacturer” shall mean the manufacturer of the Goods where the Goods are not manufactured by the Company.
2. Technical Advice & Matters Beyond the Company’s control
Technical and other advice is given by the Company's authorised representative in good faith and for general guidance only. The Customer should make his own enquiries from a reliable independent expert. The Company is not liable for errors, or defects by the Manufacturer or for other circumstances beyond its control.
3. Description of Goods
All images, descriptive matter, specifications and advertising on our website are for the sole purpose of giving an approximate description of the goods. All specifications given to the Customer are approximate and intended as a guide only. We always endeavour to ensure all product descriptions are correct, but advise Customers to seek technical advise from qualified sources prior to ordering products and any work to be carried out.
4. Samples
Armatile are no longer able to provide samples via its online store.
Armatile's Victorian range is not available on sample request, if you wish to physically see the product you can purchase any item individually from our online shop. Or alternatively call into one of our three showrooms in Armagh, Belfast and Newry.
5. Variations
The Goods are supplied within the Manufacturers tolerance limits of size, texture and colour variations. The company's website specifies a nominal size for goods sold allowing a tolerance of up to 5mm.
Shade variation is inherent in the manufacture of tiles. Marble and stone is supplied subject to natural colour variation. The customer must ensure that they have received an acceptable blend of tiles before fixing them, as no claims can be accepted by the company after the tiles have been fixed.
6. Comparison with Previous Orders
Due to the manufacturing process of tiles and their batching, the company cannot guarantee to match shades of previous orders.
7. Delivery Quotation
Time is not of the essence of the Contract. Quotations as to delivery time are given in good faith, but delivery is subject to availability of the Goods and raw materials and supply from the Manufacturer. Every effort will be made to effect delivery within a quoted period. Where delivery is not effected within such quoted period the Customer shall accept delivery of the Goods within such further period which is reasonable in all the circumstances PROVIDED THAT if the Customer is of the reasonable opinion that such reasonable period has expired he shall give written notice to that effect to the Company stating his reasons for such opinion whereupon such reasonable period shall be deemed to expire 15 days after service of such notice. The Customer shall have no right to claim damages or cancel the order for any delay in delivery not exceeding 15 days beyond such reasonable period.
8. Acceptance of Delivery
Acceptance of the Goods or payment for the Goods by the Customer to the Company shall of itself constitute an acceptance of these conditions where acceptance has not previously been communicated to the Company.
9. Delivery Charge
Delivery costs will be calculated at the checkout section of the website, the charge will be based on the total weight of the order and the customer’s delivery location.
The Company aim to have the customer's orders delivered to the customer within 3-5 days of receipt of payment. Speciality Products may take longer, contact us for availability dates on these items. Please allow for public holidays and unforeseen circumstances. It is advisable that the customer is onsite to accept delivery.
10. Delivery
a) If the Company is requested to deliver to a site, delivery will be to the nearest hard road to the site.
b) If the customer requests delivery to a site beyond the nearest hard road then all risk as to the condition of the Goods on delivery is with the Customer, and no claims will be entertained as to condition of the Goods on delivery.
c) Uploading is the responsibility of the Customer.
d) Delivery to the site or nearest hard road to the site requested by the Customer, established by a signed delivery note, is conclusive evidence that delivery has been made to the order of the Customer, and in compliance with the agreement.
e) The Company shall not be required to fulfill orders in the sequence in which they are placed. Failure by the Customer to take delivery of or to make payment in respect of the Goods or any one or more installments of the Goods shall entitle the Company to treat the whole of the contract as repudiated by the Customer.
11. Force Majeure
In the event that the manufacture or delivery of any of the Goods is prevented or hindered directly or indirectly by fire, the elements, war, civil commotion, strikes or lock-outs, industrial dispute, shortage of fuel notwithstanding that the Company has taken all reasonable steps to procure the same, shortage of labour, break down or partial failure of vehicles plant or machinery, acts, orders or regulations of Government, delay on the part of any independent sub-contractor or supplier, or any other cause whatsoever beyond the reasonable control of the Company then the time for delivery of the Goods shall be extended for a reasonable period having regard to the cause of the delay.
12. Warranties & Liabilities
Any claim by the Customer which is based on any defect in the quality or condition of the Goods or their failure to correspond with specification shall (whether or not delivery is refused by the Customer) be notified in writing to the Company within 2 days from the date of delivery. If delivery is not refused, and the Customer does not notify the Company accordingly, the Customer shall not be entitled to reject the Goods and the Company shall have no liability of such defect or failure, and the Customer shall be bound to pay the price as if the Goods had been delivered in accordance with the Contract.
Where any valid claim in respect of any of the Goods which is based on any defect in the quality or Condition of the Goods or their failure to meet specification is notified to the Company in accordance with these Conditions, the Company shall be entitled to replace the Goods (or the part in question) free of charge or, at the Company’s sole discretion, refund to the Customer the price of the Goods (or a proportionate part of the price), but the Company shall have no further liability to the Customer.
Except in respect of death or personal injury caused by the Company negligence, the Company shall not be liable to the Customer by reason of any representative, or any implied warranty, condition or other term, or any duty at common law, or under the express terms of the Contract, for any consequential compensation whatsoever (and whether caused by the negligence of the Company, its employees or agents or otherwise) which arise out of or in conjunction with the supply of the Goods or their use or resale by the Customer, except as expressly provided in these conditions.
13. Risk
(i) The risk in the Goods supplied by the Company shall pass to the customer on delivery to the place of delivery and the nearest point of hard standing.
(ii) If the Company is requested to leave the Goods at the Customer’s property, the risk in the Goods supplied by the Company will pass to the Customer once off loaded by the Company, and the responsibility for securing these Goods is that of the Customer.
14. Prices, Currencies and Payment
The prices for goods displayed for sale on the Company’s website are in pound sterling and inclusive of VAT. Delivery will be charged in addition, and any such additional charges are clearly displayed where they apply.
For Customers paying outside the UK, the Company will charge the Customer’s card in Pounds Sterling.
Upon payment, the Company will confirm acceptance of the Customer’s order by email. This acceptance of the order will create a legally binding contract between Company and Customer.
15. Returns and Refunds
In accordance with the Distance Selling Regulations, the following applies to all mail order and E-Commerce contracts:
The Customer is entitled to return the Goods within seven working days for a refund (excluding carriage costs) subject to the following:
(a) It is reasonable for the Customer to open any outer packaging if applicable and inspect the Goods. It is not acceptable to break any seals or cause damage to any boxes.
(b) If the Goods are not as specified, advertised or damaged, then the Customer may reject the Goods under The Sales of Goods Act.
(c) If the Customer properly rejects any of the Goods in accordance with the Distance Selling Regulations within seven days in writing, the Customer shall nonetheless be responsible for the return cost of the Goods.
(d) If the returned Goods received by the Company are not in a sellable as new condition, then the Company reserves the right to charge a restocking fee. Whether Goods are returned in a sellable condition is to be judged by the Company.
Non-stock items or bespoke manufactured products can not be returned for an exchange or refund by the company.
16. Cancellation
Cancellation of a sale will only be agreed to by the Company on condition that all costs and expenses incurred by the Company up to the time of cancellation and all loss of profits and other loss or damage resulting to the Company by reason of such cancellation will be paid forthwith by the Customer to the Company.
17. Claims
No claims will be accepted after wall/floor coverings have been fixed.
a) Any claim as to the condition of the Goods on delivery and which would be apparent on visual inspection must be noted immediately on the courier’s POD, and communicated in writing within three days of delivery.
b) Subject to condition 14(c) after five days from delivery the Customer is deemed to have accepted the Goods as having been supplied in good condition, and in accordance with the order.
c) Any claim as to the condition of the Goods not apparent on visual inspection must be communicated in writing to the Company within one week of the date of delivery.
d) Liability of the Company for the defective condition of any of the Goods supplied will not exceed the contract value of the Goods in respect of which the complaint is made.
e) Notwithstanding condition 14(c) no claim may be made in respect of defective condition of the Goods once they have been used by fixing to a surface, or by any attempt to fix the same to a surface.
f) In the event that the Goods are not manufactured by the Company then the Company gives no assurance, warranty or guarantee whatsoever that the sale or use of the Goods will not infringe copyright, registered design, design copyright or other intellectual property rights of any person, firm or company.
18. Each delivery is a separate Contract. Failure to deliver any part of an order does not invalidate the Contracts for the balance.
19. The Company's Conditions over ride any Conditions of Sale/Purchase of the Customer. The Customer's Conditions are only effective in so far as they do not conflict with the Company's Conditions.
20. Ownership of Rights
All rights, including copyright, in this website are owned by or licensed to the Company. Any use of this website or its contents, including copying or storing it or them in whole or apart, other than for your own personal, non-commercial use is prohibited without our permission. You may not modify, distribute or re-post something on this website for any purpose.
21. Use of Our Cookies
The Armatile website uses Google Analytics to help analyse how users use the site. This analytical tool uses ‘cookies’, which are text files placed on your computer, to collect standard internet log information and visitor behaviour information in an anonymous form. The information generated by the cookie about your use of the website (including your IP address) is transmitted to Google. This information is then used to evaluate visitor use of the website and to compile statistical reports on website activity.
Armatile will not (and will not allow any third party) to use the statistical analytics tool to track or to collect any personally identifiable information of visitors to our site. We will not associate any data gathered from this site with any personally identifying information from any source as part of our use of the Google statistical analytics tool. Google will not associate your IP address with any other data held by Google. Neither Armatile nor Google will link, or seek to link, an IP address with the identity of a computer user.
22. The contract is governed by the Law of Northern Ireland. The Courts of Northern Ireland are the property venue for any Actions arising from the Contract.
DISTRIBUTION TERMS & CONDITIONS
1. Definitions
In these conditions unless the context requires otherwise the singular shall include the plural and the masculine gender the feminine and neuter genders and vice versa and the following words shall have the meanings set out opposite them:-
(a) “the Company” shall mean (Armatile Ltd);
(b) “the Customer'' shall mean any person firm company or organization to whom the Company agrees to sell “the Goods”;
(c) “the Goods shall mean the goods (and any part thereof) the subject matter of the contract as described in these conditions and (if appropriate) on the face of the Company’s dispatch note;
(d) “the Manufacturer” shall mean the manufacturer of the Goods where the Goods are not manufactured by the Company.
2. Technical Advice & Matters Beyond the Company’s control
Technical and other advice is given by the Company's authorised representative in good faith and for general guidance only. The Customer should make his own enquiries from a reliable independent expert. The Company is not liable for errors, or defects by the Manufacturer or for other circumstances beyond its control.
3. Samples
Samples are supplied solely to enable the Customer to judge the general appearance of the Goods, but not so as to constitute a sale by sample.
4. Variations
The Goods are supplied within the Manufacturers tolerance limits of size, texture and colour variations. Marble and stone is supplied subject to natural colour variation.
5. Comparison with Previous Orders
Due to the manufacturing process of tiles and their batching, the company cannot guarantee to match shades of previous orders.
6. Crazing
No guarantee can be given against crazing.
7. Price Quotation
Quotations are given in good faith on the basis of current costs and are open for acceptance for a maximum period of 30 days from the date thereof. The price is however, subject to amendment in the event of alteration of the manufacturer’s price, or changes in currency rates, within the said period of 30 days.
8. Representations
If the customer wishes to rely upon any statement or representation other than any made in the documents or acknowledgement of order then the customer must set out that statement or representation in a document to be attached to or endorsed on the order and in any such case the company may confirm reject or clarify the point and submit a new quotation.
9. Delivery Quotation
Time is not of the essence of the Contract. Quotations as to delivery time are given in good faith, but delivery is subject to availability of the Goods and raw materials and supply from the Manufacturer. Every effort will be made to effect delivery within a quoted period. Where delivery is not effected within such quoted period the Customer shall accept delivery of the Goods within such further period which is reasonable in all the circumstances PROVIDED THAT if the Customer is of the reasonable opinion that such reasonable period has expired he shall give written notice to that effect to the Company stating his reasons for such opinion whereupon such reasonable period shall be deemed to expire 15 days after service of such notice. The Customer shall have no right to claim damages or cancel the order for any delay in delivery not exceeding 15 days beyond such reasonable period
10. Acceptance of Delivery
Acceptance of the Goods or payment for the Goods by the Customer to the Company shall of itself constitute an acceptance of these conditions where acceptance has not previously been communicated to the Company.
11. Force Majeure
In the event that the manufacture or delivery of any of the Goods is prevented or hindered directly or indirectly by fire, the elements, war, civil commotion, strikes or lock-outs, industrial dispute, shortage of fuel notwithstanding that the Company has taken all reasonable steps to procure the same, shortage of labour, break down or partial failure of vehicles plant or machinery, acts, orders or regulations of Government, delay on the part of any independent sub-contractor or supplier, or any other cause whatsoever beyond the reasonable control of the Company then the time for delivery of the Goods shall be extended for a reasonable period having regard to the cause of the delay.
12. The contract is deemed to have been made at the company’s place of business, for the purpose of the order.
13. Passing of Property
(a) Title to the goods shall not pass to the customer until the customer has paid to the company all sums due and payable by it to the company under this contract and all other prior contracts between the company and the customer and until title to the goods has passed to the customer the customer shall possess the goods or any part thereof as a bailee of the company and shall store the goods or any part thereof separately from other goods so as to ensure that they are clearly identifiable as the property of the company and shall not use the goods.
(b) The company shall be entitled to recover and resell goods in respect of which title has not passed to the customer at any time and the customer hereby authorises and licenses the company its officers, employees and agents to enter upon any premises of the customer for the purpose either of satisfying itself that condition 13(a) is being complied with by the customer or recovering any of the goods in respect of which title has not passed to the customer.
14. Delivery
a) If the Company is requested to deliver to a site, delivery will be to the nearest hard road to the site.
b) If the customer requests delivery to a site beyond the nearest hard road then all risk as to the condition of the Goods on delivery is with the Customer, and no claims will be entertained as to condition of the Goods on delivery.
c) Uploading is the responsibility of the Customer.
d) Delivery to the site or nearest hard road to the site requested by the Customer, established by a signed delivery note, is conclusive evidence that delivery has been made to the order of the Customer, and in compliance with the agreement.
e) The Company shall not be required to fulfill orders in the sequence in which they are placed. Failure by the Customer to take delivery of or to make payment in respect of the Goods or any one or more installments of the Goods shall entitle the Company to treat the whole of the contract as repudiated by the Customer.
f) Without prejudice to condition 14(e) the company will endeavour to comply with reasonable requests by the customer for postponement of delivery of the goods but shall be under no obligation to do so and where delivery is postponed by agreement otherwise than due to default by the company the customer shall pay all costs and expenses including a reasonable charge for storage and transportation occasioned thereby and payment for the goods shall be made on the date payment would have been due had delivery not been postponed.
15. Risk
(a) If the company delivers in its own vehicle, the company retains the risk for the condition of the goods until delivery has been made (save for deliveries beyond the nearest hard road, in which case condition 14(b) shall apply.
(b) If delivery is by a carrier or by post, at the request of the customer, then risk for the condition of the goods is with the customer after the goods have left the company’s premises.
(c) If delivery is by a carrier or post or by other means at the company’s choice, then risk for condition of the goods remains with the company until delivery.
(d) The company will charge the customer for the cost of carriage, post or other delivery effected at the customers request and/or consent.
(e) Delivery is completed by arrival of the goods at the requested or appointed destination and before unloading or unpacking.
16. Payment
(a) Payment will be made within 28 days of presentation of the company’s invoice.
(b) The company reserves the right to request payment after delivery.
(c) Interest on overdue accounts will be paid at 5% above Bank Base Rate.
(d) A cheque tendered by the customer in payment shall not be treated as payment until the same has been cleared.
17. Cancellation
Cancellation of this contract will only be agreed to by the company on condition that all costs and expenses incurred by the company up to the time of cancellation and all loss of profits and other loss or damage resulting to the company by reason of such cancellation will be paid forthwith by the customer to the company
18. Claims
a) Any claim as to the condition of the Goods on delivery and which would be apparent on visual inspection must be communicated within three days of delivery and confirmed in writing within five days after delivery.
b) Subject to condition 18(c) after five days from delivery the Customer is deemed to have accepted the Goods as having been supplied in good condition, and in accordance with the order.
c) Any claim as to the condition of the Goods not apparent on visual inspection must be communicated in writing to the Company within twelve months of the date of delivery.
d) Liability of the Company for the defective condition of any of the Goods supplied will not exceed the contract value of the Goods in respect of which the complaint is made.
e) Notwithstanding condition 18(c) no claim may be made in respect of defective condition of the Goods once they have been used by fixing to a surface, or by any attempt to fix the same to a surface.
f) In the event that the Goods are not manufactured by the Company then the Company gives no assurance, warranty or guarantee whatsoever that the sale or use of the Goods will not infringe copyright, registered design, design copyright or other intellectual property rights of any person, firm or company.
19. Each delivery is a separate Contract. Failure to deliver any part of an order does not invalidate the Contracts for the balance.
20. The Company's Conditions over ride any Conditions of Sale/Purchase of the Customer. The Customer's Conditions are only effective in so far as they do not conflict with the Company's Conditions.
21. Insolvency
If the customer shall become bankrupt or unable to pay its debts as prescribed by Section 123 Insolvency Act 1986 or compound with its creditors or in the event of a resolution being passed or proceedings commenced for the administration or liquidation of the customer (other than for a voluntary winding up for the purpose of reconstruction or amalgamation) or if a receiver, Manager, Administrator or Administrative Receiver is appointed of all or any part of its assets or undertaking the company shall be entitled to cancel the contract in whole or in part by notice in writing without prejudice to any right or remedy accrued or accruing to the company.
22. Notices
Any notice required to be given by either the company or the customer to the other shall be deemed to be properly served if sent by prepaid registered letter or recorded delivery envelope posted to its registered office or such other address as may from time to time be notified to the other for this purpose and any notice served shall be deemed to have been served 24 hours after the time of posting and in proving such service it shall be sufficient to prove that the notice was properly addressed and posted.
23. The contract is governed by the Law of Northern Ireland. The Courts of Northern Ireland are the property venue for any Actions arising from the Contract.