Earle Ceramics Ltd T/A Penrith Tiles, Scotland Road, Penrith CA11 9JB
- Definitions
1.1 In these Terms and Conditions:
- “Contract” – the agreement between Earle Ceramics Ltd T/A Penrith Tiles and the Purchaser for the supply of Goods.
- “Penrith Tiles” – Earle Ceramics Ltd T/A Penrith Tiles, Scotland Road, Penrith CA11 9JB.
- “Goods” – the items or services supplied by Penrith Tiles.
- “Order” – the Purchaser’s request for Goods.
- “Purchaser” – the organisation purchasing Goods from Penrith Tiles.
- Application and Precedence
2.1 These Conditions apply to all trade sales. No variation is valid unless agreed in writing by an authorised officer.
2.2 No other terms endorsed on the Purchaser’s documents shall form part of the Contract.
2.3 The Purchaser acknowledges that no statement outside this Contract has been relied upon.
2.4 Acceptance of a quotation, placing an Order, or making payment constitutes acceptance of these Terms.
2.5 Cancellation or variation of orders requires written consent.
2.6 The Purchaser is liable for any expenses incurred due to failure to comply with these Terms.
- General Descriptions
General descriptions are for identification only. Product images and samples are illustrative; variations may occur.
- Specification
4.1 Specifications may change without notice.
4.2 Penrith Tiles may supply full boxes only. Special orders cannot be cancelled once en‑route.
4.3 Goods are not sold as fit for any particular purpose unless confirmed in writing.
4.4 Slip‑resistance classifications must be checked by the Purchaser.
4.5 Shade and batch variation is inherent in tile manufacture.
4.6 Installation Acceptance
** Once tiles have been fixed, they are conclusively deemed to have been accepted by the Purchaser. No claims of any kind will be considered after installation, including but not limited to claims relating to shade variation, calibration, sizing, surface finish, tonal differences, manufacturing characteristics, or any other visible or discoverable feature.
Any post‑installation claim must include clear evidence that the issue was a latent manufacturing defect that could not reasonably have been identified prior to fixing. Penrith Tiles shall have sole discretion in determining whether such evidence is sufficient.**
- Pricing and Payment
5.1 Current price lists supersede previous versions.
5.2 Quotations are valid for 28 days.
5.3 VAT will be charged at the prevailing rate.
5.4 Payment must be made without deduction or set‑off.
5.5 Ownership transfers only once payment is received in full.
5.6 Penrith Tiles may recover Goods if payment is overdue. Overdue accounts incur 2.5% monthly interest, suspension of supply, and withdrawal of settlement discounts.
- Cancellation and Returns
6.1 Cancellation requires written consent. Charges apply:
- Stock items: 25%
- Special items: full manufacturing costs + 25% administration uplift
6.2 Returns accepted only:
- Within 30 days of collection or delivery
- For full, unopened boxes of stock items
- In resalable condition
- With a 25% restocking fee
- Transport costs paid by the Purchaser
No refund of carriage charges will be given.
6.3 Adhesives, Grouts & Chemical Products – Non‑Returnable
Adhesives, grouts, levelling compounds, primers, sealers, and similar products are strictly non‑returnable due to the inability to verify storage conditions once off‑site.
6.4 Non‑stock items, special orders, clearance lines, and discontinued ranges cannot be returned unless faulty.
- Delivery, Carriage & Risk
7.1 Carriage charges may apply.
7.2 Special deliveries outside our normal area are at the Purchaser’s risk.
7.3 Delivery is kerbside unless agreed otherwise. Any restrictions must be notified at the time of ordering.
7.4 Risk passes to the Purchaser upon collection or delivery.
7.5 Claims for damages, shortages or incorrect Goods must be made within 48 hours.
- Events Outside Our Control
Penrith Tiles is not responsible for delays caused by manufacturer delays, strikes, accidents, or other force majeure events.
- Limitation of Liability
No claim shall exceed the replacement cost of the Goods. Penrith Tiles is not liable for loss of profit or consequential loss.
- Communication and Governing Law
All communication should be sent to: Earle Ceramics Ltd T/A Penrith Tiles, Scotland Road, Penrith CA11 9JB.
The Purchaser may not assign the Contract without agreement. This Contract is governed by English Law.