Terms & Conditions

TERMS & CONDITIONS
ENTIRE AGREEMENT: TERMS & CONDITIONS.

SELLER = Atmosign (pty) ltd / TA Atmotile
PURCHASER = CLIENT
MANUFACTURER = TILE MANUFACTURER

1 Any price lists exhibit, circularized or issued by the Seller are for information only and are subject to change or variation without notice and do not constitute offers of sale at the prices listed prices are subject to cost prices and currency fluctuations before Customer acceptance.


1.1 Delivery dates are approximate. In no cases shall time be of the essence of the contract unless specifically agreed to by the Seller in writing and the Purchaser shall have no claim of whatsoever nature arising out of any delay in delivery whether arising out of the causes set out in clause 1.or any other cause whatsoever.


1.2 The Seller does not hold itself liable for any delays caused by breakdown of machinery, strikes, civil commotion, labour disputes, accidents, orders or regulations by any Government or other authority, Act of God or CASUS FORTUITIES or any other cause beyond its control.


1.3 The Seller strives to improve the availability of goods on a daily basis but it will be the Purchasers responsibility to purchase the goods well in advance and according to the requirement on site to avoid unnecessary pressure on all related parties.

1.4 The Purchaser shall process payment in the order of EFT (Electronic Funds Transfer)

1.5 Full payment is required upon confirmation of order unless prior arrangement made with seller.

2.1 The seller give no warranty against any manufacturing defects or fitness of goods supplied and the purchaser shall have no claim against the seller in this regard.

2.2 In the event of the goods proving to not to be in accordance with the said specifications, the seller shall not be held responsible for any damages whatsoever whether direct or consequential.

2.3 All goods are quality controlled by the seller to the best of its ability. The responsibility remains on the purchaser to ensure that all delivered goods / products are checked for defects before laying of product as per manufacturers terms on packaging.

2.4 The seller cannot be held liable legally or otherwise for non adherence or for defective or quality compromised products produced by its manufacturing suppliers.

2.5 The purchaser shall have no claim against the seller for any manufacturing issue against the supplied product.

2.6 The purchaser shall inspect all products before laying of product as per manufacturer guidelines.

2.7 The manufacturer will inspect the alleged product to ensure conformity and adherence to correct tiling practice and correct tiling material being used on its products and workmanship of any sub contractors involve in laying of tiles.

2.8 Please note that actual tile colours may vary from that seen on screen. While every effort is made to match photographs to tile colours, variations do occur from screen to screen. Screen calibration can easily change the colour of tile displayed on the website. Atmotile is not responsible for such variations and is not liable to honour any return claims by the customer due to such variations.

2.9 It is the responsibility of the purchaser to ensure that correct and suitable cleaning agents are used on the tiling products. Defects, variations etc that are found to occur due to incorrect cleaning materials will not be entertained by the supplier and manufacturer.

2.10 The fair wear and tear policy applies – scratches and or marks that occur on products from wear and tear during time will not be accepted as defects within the product.

2.11 The risk in the goods shall pass to the Purchaser on delivery of the same to him or his duly authorised agent, or if delivery is not accepted then upon tender of delivery by the Seller.


2.12 No claims for shortages, breakages or defects will be accepted by the Seller unless delivery note is endorsed with same and the Purchaser advises the Seller in writing within 7 (SEVEN) days of delivery of the goods.

2.13 The responsibility remains with the Purchaser or his duly authorised agent to ensure that all delivered goods are checked for any defects before signing the delivery note.

2.14 The Seller gives no warranty express or implied in regard to material, workmanship of fitness of goods for any particular purpose.

2.15 In the event of the goods proving to be not in accordance with the said specifications or requirements the Seller shall not be responsible for any damages whatsoever, whether direct or consequential and its liability is limited solely to replacement of the goods in question.

2.16 Notwithstanding the foregoing, the Purchaser shall have no claim of whatsoever nature against the Seller arising out of alleged defects in the goods or colour variances or any other cause after the goods have been laid by the Purchaser or permanently affixed in any manner whatsoever.

 

3. The risk in the goods shall pass to the Purchaser on delivery of the same to him or his duly authorised agent, or if delivery is not accepted then upon tender of delivery by the Seller.

3.1 No claims for shortages, breakages or defects will be accepted by the Seller unless delivery note is endorsed with same and the Purchaser advises the Seller in writing within 7 (SEVEN) days of delivery of the goods.

3.2 The responsibility remains with the Purchaser or his duly authorised agent to ensure that all delivered goods are checked for any defects before signing the delivery note.

3.3 No claims for tonality differences or any other defects will be considered unless made prior to fixing.

4 The Purchaser hereby agrees and consents that the Seller shall be entitled at its own option to institute any legal proceedings which may arise out of or in connection with this Agreement in any Magistrate's Court having jurisdiction in terms of Section 28 of the Magistrate's Court Act No. 32 of 1994 as amended notwithstanding that the claim or value of the matter in dispute might exceed the jurisdiction of such Magistrate's Court in respect of the causes of action.

4.1 In the event that the Seller is obliged to institute any legal proceedings which may arise out of or in connection with this Agreement, the Purchaser acknowledges that he shall be obliged to pay all costs arising out of the institution of the action including legal costs on the scale as between attorney and client.

4.2 It is agreed however that the Seller shall have the right at its discretion to institute any legal proceedings against the Purchaser in the Supreme Court of South Africa.

5 In the event that the Signatory signs for and on behalf of the Purchaser, the Signatory hereby warrants that he is duly authorised to sign and in the event that the Signatory is not so authorised then and in such event the Signatory hereby specifically acknowledges that he shall become personally liable to the Seller in respect of all and any amount that may become due and payable to the Seller arising out of the Agreement.

6 The Purchaser acknowledges and agrees that no representations statements or warranties made by the Seller or any persons acting on its behalf and not included herein have induced the Purchaser to enter this Agreement. The Seller shall not be responsible for any representations which may be made from time to time by their representatives, servants or agents save as may be contained herein.

7 Refunds
Refunds are processed for cancelled orders (if accepted by Seller) once a week on a Friday.

8 End of range / Builders grade Terms
All end of range / builders grade and commercial grade ivory porcelain tiles are non refundable and or exchangeable.

No refunds or returns on clearance & promo stock.
Atmosign (pty) ltd t/a Atmotile will manage any issues or complaints on behalf of our customers with our manufacturers on 1st grade tiles - outcomes determined by the manufacturer.
Before laying of tiles, it is the purchasers responsibility to check the tonality and specification of product. As per manufacturer, once laid, the product is considered accepted.
Signing of delivery note means that all boxes have been checked and any breakages found are recorded on the delivery note for replacement.
Correct and appropriate products, adhesives and accessories are to be used for laying and handling of tiles.
E&O accepted.