Welcome to the Tile Mob Conditions of Sale

   Visit the Tile Mob Terms and Conditions of Sale

   
1. ALL GOODS UNLESS SPECIFICALLY NOTED ARE SOLD EX-STORE ON A “FREIGHT FORWARD” BASIS AND TRANSPORTED AT THE BUYER’S RISK AND EXPENSE. THE TILE MOB PTY LTD’S RESPONSIBILITY FOR DAMAGE TO OR SHORTAGE IN THE GOODS CEASES UPON PICKUP EX OUR WAREHOUSE.
2.

THE PRICES QUOTED ON INVOICE DOCUMENTS SUPERSEDE ALL PREVIOUS PRICES THAT MAY HAVE BEEN QUOTED. PRICES QUOTED ON PRICE LISTS OR CUSTOMER INFORMATION DOCUMENTS ARE SUBJECT TO CHANGE WITHOUT NOTICE.  PRICE LISTS ARE NOT AN OFFER AND PRICES CHARGED WILL BE THOSE IN EFFECT AT THE DATE OF ORDER DESPATCH.
3.

THE PRICES QUOTED BY REPRESENTATIVES OF THE TILE MOB PTY LTD (THE COMPANY) ARE SUBJECT TO CHANGE. THE CHANGES MAY BE DUE TO COST INCREASES CAUSED BY VARIATIONS IN RATES OF EXCHANGE. MANUFACTURERS PRICES, FREIGHTS, CUSTOMS DUTY, GST OR OTHER GOVERNMENT CHARGES.
4.

THE PRICES QUOTED ARE STRUCTURED ON A “PER PIECE” BASIS AND WHERE APPLICABLE A COVERED SQUARE METRE PRICE IS GIVEN TO TAKE ACCOUNT OF INDUSTRY ACCEPTED NORMS FOR JOINTING REQUIREMENTS.
5.

PALLET PRICES WHERE GIVEN ARE NOT TO BE CONSTRUED AS QUOTATIONS AND THE COMPANY RESERVES THE RIGHT IN ITS DISCRETION TO WITHDRAW OR VARY SUCH PRICES.
6.

SUBJECT TO CLAUSES 3 AND 4 HEREOF ALL PURCHASES MADE ON AN INDENT BASIS WILL HAVE PRICES QUOTED ON APPLICATION.
7.

NOT RETURNABLE GOODS ARE THOSE WHICH ARE SOLD IN PALLET OR CONTAINER LOTS, THOSE WHICH HAVE BEEN SPECIFICALLY PROCURED BY THE COMPANY AND ARE THE SUJECT OF A SPECIFIC ORDER, GOODS SOLD AT WHOLESALE OR DISCOUNTED PRICES, OR GOODS SOLD AS RUN OF KILN OR SECOND QUALITY.
8.

IN RELATION TO GOODS WHICH ARE NOT SOLD IN PALLETS OR CONTAINER LOTS, OR SPECIFICALLY PROCURED BY THE COMPANY, TO BE LIABLE FOR ACCEPTANCE AS RETURNS.
9.

AN ORIGINAL SALES INVOICE ON WHICH THE GOODS WERE PURCHASED MUST BE PRODUCED.
10.

THE GOODS MUST BE RETURNED WITHIN TWENTY ONE (21) DAYS FROM THE DATE OF DELIVERY.
11.

THE GOODS WILL ONLY BE ACCEPTED IF THEY ARE IN GOOD ORDER AND CONDITION OF CURRENT STOCK, COLOUR, SIZE AND SHADE. WHERE APPLICABLE, THE GOODS MUST BE IN FULL AND UNOPENED BOXES OR PACKAGING, AND BE FROM GENEREAL STOCK HELD IN STORE BY THE TILE MOB PTY LTD.
12.

CLAIMS FOR CREDIT FOR DAMAGED GOODS MUST BE MADE WITH TWO (2) DAYS OF THE DELIVERY/PICKUP DATE.
13.

GOODS ARE TO BE SIGNED FOR AND AUTHORISED BY A WAREHOUSE MANAGER OF THE COMPANY
14.

A RECEIPT NOTE MUST BE OBTAINED FROM THE COMPANY IN ORDER TO SUBSTANTIATE THE RETURN OF GOODS. NO RESPONSIBILITY OR LIABILITY IS ACCEPTED FOR GOODS RETURNED OR LEFT WITH OUT A RECEIPT HAVING BEEN ISSUED BY THE COMPANY.
15. ALL CREDIT FOR GOODS RETURNED WILL BE MADE AT THE RATE EQUAL TO THE PURCHASE PRICE LESS A HANDLING CHARGE, WHICH WILL BE SPECIFIED BY THE COMPANY FROM TIME TO TIME (NOT GREATER THAN 20%); AND
16. ALL FREIGHT AND CHARGES ASSOCIATED WITH THE RETURNING OF GOODS TO THE COMPANY’S STORE OR WAREHOUSE SHALL BE AT THE PURCHASER’S EXPENSE.
17. THE TILE MOB PTY LTD RESERVES THE RIGHT TO REFUSE TO ACCEPT ANY PRODUCT FOR RETURN OR CREDIT
18. T IS THE RESPONSIBILITY OF THE PURCHASER TO CHECK ALL GOODS UPON RECEIPT, IN ALL RESPECTS, NO CLAIMS WILL BE INVESTIGATED BY THE TILE MOB PTY LTD FOR SHORTAGES, BATCH VARIATIONS, PRODUCT QUALITY OR PERFORMANCE AFTER 48 HOURS FROM THE TIME OF DELIVERY, OR IF PRODUCTS HAVE BEEN FIXED OR USED.
19. DUE TO THE INHERENT NATURE AND QUALITY OF CERAMIC PRODUCTS, SHADE VARIATION FROM SHIPMENT TO SHIPMENT MUST BE ANTICIPATED. IF THERE IS ANY DOUBT RELATING TO THE COLOUR, DURABILITY, OR SUITABILITY OF THE PRODUCT, THE PURCHASER MUST CONTACT THE TILE MOB PTY LTD FOR INFORMATION PRIOR TO THE GOODS BEING FIXED OR USED. THE COMPANY WILL NOT IN ANY EVENT BE LIABLE FOR ANY CLAIM WHATSOEVER ARISING FROM OR IN RELATION TO THE GOODS ONCE THEY HAVE BEEN FIXED IN PLACED OR USE.  SLATE & NATURAL STONE IS ALWAYS SUBJECT TO INHERENT COLOUR, SURFACE TEXTURE AND DIMENSION VARIATIONS.
20. ANY PRODUCT SAMPLES SUPPLIED ARE PROVIDED AS A GUIDE ONLY AND MAY VARY FROM THE ACTUAL MATERIAL SUPPLIED.
21. NO CLAIMS WHATSOEVER WILL BE ACCEPTED BY THE COMPANY WITH REGARD TO SHADE OR SIZE VARIATIONS, CRAZING, OR ANY OTHER INHERENT CHARACTERISTIC OR KILN-FIRED PRODUCTS.
22 NO GUARANTEES ARE MADE BY THE TILE MOB PTY LTD, THEIR EMPLOYEES, AGENTS OR ASSOCIATES, EXPRESSED OR IMPLIED, AS TO THE QUALITY OR PERFORMANCE OF ANY PRODUCT SUPPLIED BY THE TILE MOB PTY LTD, ANY GURANTEE GIVEN IS TO THE EXTENT OF THAT GIVEN BY INDIVIDUAL MANUFACTURERS. HOWEVER, NOTHING CONTAINED IN THESE CONDITIONS OF SALE LIMITS AND WARRANTY IMPLIED BY LAW, WHICH BY THAT LAW MAY NOT BE LIMITED.  THE TILE MOB PTY LTD SHALL NOT BE LIABLE IN ANY CIRCUMSTANCES FOR ANY LOSS OR DAMAGE OF ANY KIND, CAUSED DIRECTLY OR INDIRECTLY BY ANY DEFECT IN MATERIAL OR WORKMANSHIP OR ANY UNSUITABILITY OF THE GOODS SUPPLIED FOR THE CUSTOMER’S INTENDED APPLICATION OF THOSE GOODS.
23. IT IS THE RESPONSIBILITY OF THE PURCHASER TO ENSURE THAT:-
   
a. GOODS PURCHASED FROM THE TILE MOB PTY LTD ARE SUITABLE FOR THE PURPOSE FOR WHICH HE/SHE INTENDS TO USE THEM.
b. THE METHOD BY WITH HE/SHE PROPOSES IT INSTALL/APPLY THE GOODS ARE IN ACCORDANCE WITH ACCEPTED INDUSTRY STANDARDS AND SATISFACTORY FOR THE PURPOSE INTENDED.
24. THE COMPANY WILL NOT BE LIABLE FOR ANY CLAIM ARISING FROM DAMAGE TO THE GOODS WHICH IS CAUSED BY THE USE OF ANY ACIDS OR CHEMICAL COMPOUNDS OR SOLVENTS USED IN THE CLEANING OR INSTALLATION OF THOSE GOODS. THIS IS IRRESPECTIVE OF WHETHER OR NOT THE CLEANING USING THESE CHEMICAL SUBSTANCES WAS DONE BY THE COMPANY, THE PURCHASER, OR A THIRD PARTY, PROVIDED THAT IT WAS DONE AT THE PURCHASER’S REQUEST.
25. ALL SLATE, MARBLE AND HANDMADE TERRACOTTA ARE SOLD ON THE UNDERSTANDING THAT THEY ARE NATURAL PRODUCTS AND THEREFORE ARE SOLD WITH NO GUARANTEE WHATSOEVER.
26. THE COMPANY RECOMMENDS THAT IMMEDIATELY AFTER FIXING THE PRODUCTS, SUITABLE PROTECTIVE MEASURES BE TAKEN TO AVOID UNNECESSARY DAMAGE TO THE PRODUCTS, SOME CERAMIC GLAZES AND METALLIC FINISHES CAN BECOME SCRATCHED BY FOREIGN ABRASIVE MATERIAL DURING INSTALLATION AND TILE MOB PTY LTD IS NOT LIABLE FOR ANY CLAIM RELATING TO DAMAGE EITHER CAUSED AS A RESULT OF INSTALLATION, OR DAMAGE OCCURRING AFTER INSTALLATION OR FIXING.
27. THE TILE MOB PTY LTD OR ANY OF ITS EMPLOYEES, AGENTS OR ASSOCIATES SHALL NOT BE LIABLE FOR ANY EXPENSE OR INJURY ARISING FROM THE USE OR TRANSPORT OF ANY PRODUCT SUPPLIED THEREBY.
28. IT IS THE RESPONSIBILITY OF THE PURCHASER TO ENSURE THAT SUFFICIENT GOODS ARE PURCHASED TO COMPLETE THEIR JOB. THE TILE MOB PTY LTD CANNOT GUARANTEE THE FUTURE SUPPLY OF ANY PRODUCT.   QUANTITY ESTIMATES OF GOODS REQUIRED PROVIDED TO CUSTOMERS BY THE TILE MOB PTY LTD. THEIR EMPOLOYEES OR ASSOCIATES ARE PURELY ESTIMATES, AND AS SUCH, THE TILE MOB PTY LTD WILL ACCEPT NO LIABILITY FOR SHORTFALL OR OVERSUPPLY OF GOODS.
29. NAMES OF TRADESPEOPLE WILL BE SUPPLIED TO CUSTOMERS UPON REQUEST. THIS DOES NOT IMPLY THAT THE TILE MOB PTY LTD GUARANTEES THEIR WORKMANSHIP OR PROFESSIONAL CONDUCT.
30. THE COMPANY RESERVES THE RIGHT TO CANCEL ORDERS AT ITS DISCRETION IF THE GOODS ARE NOT REMOVED WITHIN FOURTEEN (14) DAYS FROM THE DATE OF INVOICE, OR OTHERWISE BY SPECIAL ARRANGEMENT.
31. ANY DEPOSIT PAID BY THE PURCHASER IS NON-REFUNDABLE EXCEPT WITH THE AGREEMENT OF THE COMPANY IN ITS ABSOLUTE DISCRETION.
32. THE COMPANY WILL USE ITS BEST ENDEAVOURS TO MEET ARRIVAL AND AVAILABILITY DATES AS ADVISED TO IT, BUT IT IS NOT AND WILL NOT BE RESPONSIBLE FOR ANY DELAY DUE TO CAUSEDS BEYOND ITS CONTROL, INCLUDING (BUT NOT LIMITED TO) ITS MANUFACTURING, SHIPPING OR DELIVERY DELAYS, STRIKES, FORCE MAJEURE AND ACTS OF GOD.
33. THE COMPANY HAS THE RIGHT TO CANCEL ANY ORDER WHICH IT CANNOT FULFIL FOR ANY REASON OUT OF ITS CONTROL INCLUDING BUT NOT LIMITED TO THE UNAVAILABILITY OF THE PRODUCTS, PROLONGED DELAYS IN MANUFACTURING, THE BANKRUPTCY, LIQUIDATION OR INSOLVENCY OF ANY PERSON OR CORPORATION AND TRANSPORTATION AND DELIVERY DISRUPTION.
34. THE COMPANY RESERVES THE RIGHT TO REFUSE CANCELLATION OF ANY ORDER, IF THE GOODS ORDERED ARE ALREADY ENROUTE FROM THE MANUFACTURER/SUPPLIER, OR HAVE ALREADY BEEN ORDERED BY THE COMPANY FROM ITS SUPPLIER, OR ARE ALREADY HELD BY THE COMPANY.
35. SIZES AND WEIGHTS QUOTED ARE APPROXIMATE ONLY, AS DUE TO THE INHERENT NATURE OF CERAMICS, VARIATIONS DURING MANUFACTURE CANNOT BE AVOIDED. THE COMPANY MAY NOT BE LIABLE FOR ANY VARIATION IN SIZE OR WEIGHT OF GOODS WHERE SUCH VARIATION FALLS WITHIN ACCEPTED INDUSTRY STANDARDS.
36. ANY DISPLAY BOARDS, STANDS, SAMPLES OR PROMOTIONAL HARDWARE PROVIDED BY THE TILE MOB PTY LTD TO THE CUSTOMER ARE ON A “LOAN ONLY” BASIS AND WILL REMAIN THE PROPERTY OF THE TILE MOB PTY LTD AND MUST BE AVAILABLE FOR RETURN UOPN REQUEST.
37. SUBJECT TO CLAUSES 12 & 13 HEREOF, IN RESPECT OF GOODS OF FAULTY MANUFACTURE AND SUBJECT ONLY TO ANY WARRANTIES OR CONDITIONS IMPLIED BY THE LAW AND WHICH MAY NOT LAWFULLY BE EXCLUDED, THE COMPANY’S LIABILITY IS LIMITED TO:-
   
a. THE COST OF REPLACING THE GOODS
b. THE COSTS OF OBTAINING EQUIVALENT GOODS OR
  THE COSTS OF HAVING THE GOODS REPAIRED, WHICHEVER IS THE LOWEST AMOUNT

THE COMPANY IS NOT LIABLE FOR ANY DAMAGE OF A MORE REMOTE NATURE THAN (a), (b), AND (c) ABOVE
38. ANY AGENTS OF THE TILE MOB PTY LTD ARE AGENTS FOR SALE ONLY AND ARE NOT AUTHORISED TO EXTEND OR VARY THE LIABILITY OF THE TILE MOB PTY LTD IN RESPECT OF THE PRODUCTS AS SET FORTH HEREIN.
39. THE PROPER LAW OF THE CONTRACT OF SALE SHALL BE THE LAW OF QUEENSLAND AND THE COURTS OF QUEENSLAND SHALL BE THE PROPER FORUM FOR ANY DISPUTE
40. THE PURCHASER ACKNOWLEDGES THAT ALTHOUGH THE RISK OF ALL GOODS ACCEPTED BY THEM, THEIR EMPLOYEES OR SERVANTS, PASSES TO THEM UPON DESPATCH OF THOSE GOODS FROM THE TILE MOB PTY LTD OR ITS DEPOT; PROPERTY AND OWNERSHIP OF THE SAID GOODS SHALL NOT PASS TO THEM UNTIL SUCH PAYMENT IN FULL (INCLUDING GST) IS RECEIVED,  THE TILE MOB PTY LTD, ITS EMPLOYEES OR AGENTS ARE AT LIBERTY TO REMOVE AND TAKE AWAY SAID GOODS AND FOR THAT PURPOSE HAVE FREEDOM OF ACCESS AND EGRESS AT ALL TIMES TO THE PREMISES UPON WHICH SAID GOODS ARE LOCATED WITHOUT BEING LIABLE IN CIVIL OR CRIMAL PROCEEDINGS RELATED THERETO. ACCORDINGLY, UNTIL PAYMENT IN FULL IS RECEIVED, THE PURCHASER SHALL BE THE BAILEE OF THE GOODS FOR THE TILE MOB PTY LTD.  ANY COSTS INCURRED BY THE COMPANY IN RELATION TO THE LOCATION AND RETRIEVAL OF THE GOODS SHALL BE PAYABLE BY THE PURCHASER AND SHALL BE ADDED TO THE INVOICED COSTS.
41. THE TILE MOB PTY LTD RESERVES THE RIGHT TO DELIVER GOODS TO THE CUSTOMER PATTERNS OF WHICH DO NOT CORRESPOND EXACTLY TO THE PATTERNS SHOWN IN ANY CATALOGUES, LEAFLETS OR SAMPLES ISSUED BY THE COMPANY.
42. WHERE THE TILE MOB PTY LTD ENGAGES A CARRIER TO DELIVER GOODS TO A CUSTOMER, THE COMPANY SHALL NOT BE LIABLE TO THE PURCHASER IN RESPECT OF ANY DAMAGE CAUSED BY THE CARRIER.
43. THE TILE MOB PTY LTD RESERVES THE RIGHT TO CHARGE A STORAGE FEE AT A RATE TO BE DETERMINED BY THE COMPANY FROM TIME TO TIME. IF REMOVAL OF GOODS IS UNDULY DELAYED BEYOND A REASONABLE TIME AFTER GOODS HAVE BEEN INVOICED TO THE PURCHASER.
44. SUBJECT ALWAYS TO ANY WARRANTIES WHICH MAY BE IMPLIED BY LAW AND WHICH MAY NOT BE LAWFULLY LIMITED, THE TILE MOB PTY LTD WILL ONLY CONSIDER CLAIMS FOR ANY MANUFACTURING FAULTS OR INHERENT DEFECTS IN ITS PRODUCTS WHERE ANY SUCH FAULTS OR DEFECTS ARE BROUGHT TO ITS ATTENTION WITHIN TWELVE (12) MONTHS FROM THE DATE OF INVOICE.
45. CREDIT FACILITIES ARE EXTENDED TO APPROVED CUSTOMERS. ALL ACCOUNTS MUST BE PAID IN FULL WITHIN THIRTY (30) DAYS FROM A MONTHS END (IE OCTOBER PURCHASES ARE PAYABLE ON OR BEFORE 30 NOVEMBER).
46. CREDIT FACILITIES WILL BE CONSIDERED FOR APPROVAL AFTER A SATISFACTORY C.O.D TRADING PERIOD AND APPLICATION HAVE SIGNED THE APPROPRIATE APPLICATION FOR CREDIT FACILITIES FORM, TOGETHER WITH DIRECTORS GUARANTEE THEREON.
47. THE APPROVED CREDIT CUSTOMER SHALL NOTIFY THE TILE MOB PTY LTD OF ANY CHANGE OF ADDRESS, CHANGE OF COMPANY STATUS, PENDING LEGAL ACTION BY ANOTHER CREDITOR, OR ANY OTHER INFORMATION RELEVANT TO OUR ASSOCATION.
48. THE TILE MOB PTY LTD RESERVES THE RIGHT TO CHARGE INSTEREST ON ANY AMOUNT AS SHALL BE UNPAID AS AND FROM THE DUE DATE FOR PAYMENT AT THAT RATE OF INTEREST CHARGED BY THE COMMONWEALTH BANK OF AUSTRALIA AND OVERDRAFTS IN EXCESS OF $100 000.00 AS AT THE DATE OF THE INVOICE. CREDIT FACITILIES WILL BE WITHDRAWN UNTIL THE ACCOUNT IS SETTLED IN FULL.
49. THE TILE MOB PTY LTD RESERVES THE RIGHT TO WITHDRAW CREDIT FACILITIES FROM ANY CUSTOMER IN ITS ABSOLUTE DISCRETION.
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