tiles.co.uk

0845 017 5554

Please Note that these Terms and Conditions are divided into Two Sections :

  • Terms & Conditions of Sale (Consumers / General Public Only)
  • Terms & Conditions of Hire of Equipment

Consumer Terms and Conditions of Sale (Not Trade Accounts)

This page tells you the terms and conditions on which we supply any of the products ("Products") which are listed on our websites (our "Sites") and/or which are available from our store at Langley Moor, Co Durham (our "Store"). Please read these terms and conditions carefully before ordering any Products from us. You should understand that by ordering any of our Products, you agree to be bound by these terms and conditions.

Please Note: These terms and conditions only apply to you if you are ordering Products from us as a consumer. If you hold a trade account with us, these terms and conditions do not apply to you and we will supply Products to you subject to our Trade Terms and Conditions of Sale.

  1. Information About Us

    Our Sites and our Store are operated by Tiles Porcelain Limited ("we"). We are registered in England and Wales under company number 06105053. Our registered office and main trading address is at Tiles Porcelain Ltd, Unit 1, Off Littleburn Road, Littleburn Industrial Estate, Langley Moor, Durham, Co. Durham, England, DH7 8JF. Our VAT number is 934147427.

  2. How to Order Products from Us

    You can place an order for any of the Products by calling our sales line on 0191 3783896 or by visiting our Store.

    Your order constitutes an offer to us to buy a Product or Products. All orders are subject to acceptance by us. If you place an order using our sales line, we will confirm such acceptance to you by providing you with written confirmation (usually by email) that your order has been accepted (the "Acceptance of Order") and the contract between us (the "Contract") will only be formed when we issue a written Acceptance of Order.

    Please note that if you have not received an Acceptance of Order we will not be deemed to have accepted your order merely because we have taken payment for the Products you wish to order, or because you have received confirmation that your payment has been processed. However, if we decline to accept your order you will receive a full refund of any payment you have already made in relation to that order.

    The Contract between us will relate only to those Products detailed in our Acceptance of Order. We will not be obliged to supply any other Products which may have been part of your order until an Acceptance of Order has been issued by us in respect of those Products.

  3. Consumer Cancellation Rights

    If you are contracting as a consumer, you may cancel a Contract at any time within seven (7) working days, beginning on the day after you received the Products. In this case, you will receive a full refund of the price paid for the Products in accordance with our refunds policy (set out in section 7 below).

    To cancel a Contract, you must inform us in writing. You must also return the Product(s) to us immediately, in the same condition in which you received them, and at your own cost. When returning the Products to us you must ensure that you use a reputable carrier, that the Products are appropriately packaged to protect them in transit and that the correct postage is paid. You have a legal obligation to take reasonable care of the Products while they are in your possession. If you fail to comply with this obligation, we may have a right of action against you for compensation.

    You will not have any right to cancel a Contract under this section 3 in respect of the following Products:

    • Any Products which are purchased by you or ordered by you when you are present at our Store; or
    • Any Products which are made or tailored to you particular requirements including (but not limited) made to measure worktops.

    Details of this statutory right, and an explanation of how to exercise it, are provided in our Acceptance of Order. This provision does not affect your statutory rights.

  4. Availability and Delivery

    All Products are subject to availability. If we are unable to fulfil your order we will inform you as soon as possible. Where we have accepted your order, we will use reasonable efforts to fulfil your order by any delivery date agreed between us and set out in our Acceptance of Order, or if no delivery date is specified, within 30 days of the date of your order. If we are not able to fulfil your order within these timescales we will try to inform you as soon as possible.

    You must make all arrangements necessary to take delivery of products when we deliver them in accordance with the stated delivery times for the delivery charge you have paid. If you do not accept delivery of the products or we are unable to deliver or are delayed in delivering products because of your actions or omissions then we may charge you and you will be liable to pay us for all costs we incur.

    Important Notice: Orders are delivered by various external carriers, due to insurance and health and safety regulations neither a member of staff nor the delivery company representative are able to transport any goods into a property.

    Many of our deliveries will arrive on a pallet and will be delivered to the nearest accessible location, this may be the kerbside nearest to the property.

  5. Risk and Title

    The Products will be at your risk from the time of delivery. Ownership of the Products will only pass to you when we receive full payment of all sums due in respect of the Products, including delivery charges.

  6. Price and Payment

    The price of any Products will be as quoted on our Sites from time to time or as set out in any written quotation issued by us to you, except in cases of obvious error. These prices exclude VAT and (unless otherwise stated) exclude delivery costs, which will be added to the total amount due at the rate quoted by our sale representatives. Unless otherwise stated all delivery charges will reflect our carrier's standard charges. Prices published on our Sites are liable to change at any time, but changes will not affect orders in respect of which we have already sent you an Acceptance of Order. Prices contained in any written quotation issued by us shall (unless otherwise stated) remain valid for a maximum of 30 days.

    Our Sites contain a large number of Products and it is always possible that, despite our best efforts, some of the Products listed on our Sites may be incorrectly priced. We will normally verify prices as part of our order acceptance procedures so that, where a Product's correct price is less than our stated price, we will charge the lower amount when accepting your order. If a Product's correct price is higher than the price stated on our site, we will normally, at our discretion, either ask you for instructions before accepting your order or dispatching the Product, or reject your order and notify you of such rejection.

    We are under no obligation to provide Products to you at any price (including any incorrect price) until you have received an Acceptance of Order from us confirming the price for the Products.

    Payment for Products can be made by credit or debit card, cheque or bank transfer.

  7. Our Refunds Policy

    When you return a Product to us because you have cancelled the Contract between us within the seven-day cooling-off period (see section 3 above), we will process the refund due to you as soon as possible and, in any case, within 30 days of the day you have given notice of your cancellation. In this case, we will refund the price of the Product in full, including the cost of sending the item to you. However, you will be responsible for the cost of returning the item to us within 30 days of the date you have written to cancel your contract. If you cancel your order it is your responsibility to return the goods to Tiles Porcelain. You will not however be reimbursed for the cost of returning the goods.

    When you return a Product to us relying on your other statutory rights or rights under your Contract with us (for instance, because you claim that the Product is defective), we will examine the returned Product and will notify you if you are entitled to a refund or replacement (if possible due to stock availability) via e-mail within a reasonable period of time. We will usually process any refund due to you as soon as possible and, in any case, within 30 days of the day we confirmed to you via e-mail that you were entitled to a refund in relation to the Product. Products returned by you because of a defect will be refunded in full, including a refund of the delivery charges for sending the item to you and the cost incurred by you in returning the item to us. Adhesive, grout and tools are non refundable. Tiles Porcelain reserve the right not to refund if the goods are deemed as not being in a resaleable condition. 

    When purchasing tiles labelled or branded as a Job Lot, this is an item that is put on a particular section of the website to sell at a much reduced price to that of the usual selling price. These goods have a full description explaining why they form part of a Job Lot, they may not be in perfect condition or end of batch and cannot be deemed as perfect condition goods. These products are non refundable and non returnable.

    All goods must be checked by the customer on receipt of goods - this is imperative. No responsibility for damaged product, shortages or incorrect products can be accepted after 48 hours / two working days (Mon - Fri) of receipt of goods. The company must be notified by e-mail or fax within 48 hours of delivery of any claims by the buyer of any shortage or damage to goods in transit. For any damages of products, photographs must be sent within 48 hours of delivery to show the full extent of any damages and information about the extent – claims may be refused out of this timeline. Risk in respect of the goods passes to the buyer from the moment of delivery.

    We shall be under no obligation to give you a refund in relation to any Product once the seven day cooling off period has expired (unless the Product is defective and/or your statutory rights apply).

    We will usually refund any money received from you using the same method originally used by you to pay for your purchase.

  8. Our Liability

    We warrant to you that any Product purchased from us is of satisfactory quality and reasonably fit for all the purposes for which products of the kind are commonly supplied. Our liability for losses you suffer as a result of us breaking this agreement is strictly limited to the purchase price of the Product you purchased and any losses which are a foreseeable consequence of us breaking the Contract. Losses are foreseeable where they could be contemplated by you and us at the time your order is accepted by us.

    We would not recommend that start to install any Products, or book the services or a tiler or any other tradesmen in connection with any Products, before you have received full delivery of the Products in question and thoroughly inspected the Products. If you choose to do so, you do so at your own risk and we shall not be responsible for any costs or losses you may suffer as a result, even if we have breached our obligations under these terms and conditions or any Contract.

    We are not responsible for indirect losses which happen as a side effect of the main loss or damage and which are not foreseeable by you and us, including but not limited to: (a) loss of income or revenue; (b) loss of business; (c) loss of profits or contracts; (d) loss of anticipated savings: (e) loss of data, or (g) waste of management or office time or delays caused to building projects.

    Nothing in these terms and conditions shall limit in any way our liability: (a) for death or personal injury caused by our negligence; (b) under section 2(3) of the Consumer Protection Act 1987; (c) for fraud or fraudulent misrepresentation; (d) or for any matter for which it would be illegal for us to exclude, or attempt to exclude, our liability.

  9. Samples, Colour & Batch Variations, Under-floor Heating etc.

    Whilst we take reasonable care to ensure that all images of Products published on our Sites accurately depict the Products concerned, we cannot guarantee that the exact colour, texture or qualities of all Products will be apparent from such images.  We therefore recommend that you order samples of Products before placing orders for Products.

    You should be aware that Products made from natural materials (including but not limited to travertine, limestone, slate, onyx, marble, quartz, porcelain, granite) may incorporate naturally occurring variations in colour, texture or other qualities which are considered a feature of such Products.

    You should also be aware that the colour, shading, texture and quality of any Products may vary between different batches of the same Product.  Wherever, possible we will fulfil any single order you place for a particular Product from the same batch.  However, where you place separate orders for the same Products, the Products may not be selected from the same batch.

    Once the tiles have been fitted to any surface, we will not be held responsible for any shade variance or different batches supplied and / or defective tiles; this all must be checked prior to fitting. Mistakes cannot be rectified after fitting of any tiles; any problems must be reported before fitting to allow resolve.

    Not all Products that we supply (including but not limited to Quartz tiles) will be suitable for use with under-floor heating.  If you intend to use any Product with under-floor heating it is your responsibility to ensure that they are suitable.

    You acknowledge and agree that any issues arising from the matters referred to in this section 9 shall not be regarded as Product “defects”.

  10. Import Duty

    If you order Products from our site for delivery outside the UK, they may be subject to import duties and taxes which are levied when the delivery reaches the specified destination. You will be responsible for payment of any such import duties and taxes. Please note that we have no control over these charges and cannot predict their amount. Please contact your local customs office for further information before placing your order.

    Please also note that you must comply with all applicable laws and regulations of the country for which the products are destined. We will not be liable for any breach by you of any such laws.

  11. Notices

    All notices given by you to us must be given to Tiles Porcelain Limited at the address detailed in section 1 above or by email to sales@tilesporcelain.co.uk. We may give notice to you by either e-mail, post or fax using the contact details provided to us when you placed your order. Notice will be deemed received and properly served on the day an e-mail or fax is sent or the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail or fax that such e-mail was sent to the specified e-mail address or fax number of the addressee.

  12. Events Outside Our Control

    We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by events outside our reasonable control ("Force Majeure Event"). A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following: (a) strikes, lock-outs or other industrial action; (b) civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war; (c) fire, explosion, storm, flood, extreme weather conditions, earthquake, subsidence, epidemic or other natural disaster; (d) impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport (e) impossibility of the use of public or private telecommunications networks (f) the acts, decrees, legislation, regulations or restrictions of any government.

    Our performance under any Contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event.

  13. Waiver

    If we choose to ignore a breach by you of these terms and conditions (or any Contract) on one occasion, we may still take issue with you at a later date if you breach the same term or condition or any other term or condition or Contract, after that.

  14. Severability

    If any of these terms and conditions or any provisions of a Contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.

  15. Entire Agreement

    You acknowledge and agree that the Contract between us will consist of these terms and conditions and any document expressly referred to in them. While we accept responsibility for statements and representations made by our duly authorised agents, if you intend to rely on any such statements or representations, please ensure that they are confirmed in writing.

  16. Our Right to Vary these Terms and Conditions

    We have the right to revise and amend these terms and conditions from time to time. You will be subject to the policies and terms and conditions in force at the time that you order Products from us, unless we notify you of a change to those policies or these terms and conditions before we send you the Acceptance of Order (in which case we have the right to assume that you have accepted the change to the terms and conditions, unless you notify us to the contrary within seven working days of receipt by you of the Products).

  17. Law and Jurisdiction

    Contracts for the purchase of Products through our Sites and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) will be governed by English law. Any dispute or claim arising out of or in connection with such Contracts or their formation (including non-contractual disputes or claims) shall be subject to the non-exclusive jurisdiction of the courts of England and Wales.

Hire of Equipment Terms and Conditions

Tiles Porcelain Ltd Hire Conditions For Hire And Sale Of Products To Consumers And Businesses

  1. Interpretation
    1. In these conditions the following words have the following meanings:
      • "Contract" means a contract which incorporates these conditions and made between the Customer and the Supplier for the hire of Hire Goods and/or the sale of Products;
      • "Customer" means the person, firm, company or other organisation hiring Hire Goods;
      • "Deposit" means any advance payment required by the Supplier in relation to the Hire Goods which is to be held as security by the Supplier;
      • "Force Majeure" means any event outside a party's reasonable control including but not limited to acts of God, war, flood, fire, labour disputes, strikes, sub-contractors, lock-outs, riots, civil commotion, malicious damage, explosion, terrorism, governmental actions and any other similar events;
      • "Hire Goods" means any machine, article, tool, and/or device together with any accessories specified in a Contract which are hired to the Customer;
      • "Hire Period" means the period commencing when the Customer holds the Hire Goods on hire (including Saturdays Sundays and Bank Holidays) and ending upon the happening of any of the following events: (i) the physical return of the Hire Goods by the Customer into the Supplier's possession; or (ii) the physical repossession or collection of Hire Goods by the Supplier;
      • "Liability" means liability for any and all damages, claims, proceedings, actions, awards, expenses, costs and any other losses and/or liabilities;
      • "Products" means the products sold to the Customer by the Supplier;
      • "Rental" means the Supplier's charging rate for the hire of the Hire Goods which is current from time to time during the Hire Period;
      • "Supplier" means Tiles Porcelain Ltd and will include its employees, servants, agents and/or duly authorised representatives;
      • "Services" means the services and/or work (if any) to be performed by the Supplier for the Customer in conjunction with the hire of Hire Goods including any delivery and/or collection service for the Hire Goods
  2. Basis Of Contract
    1. Hire Goods are hired subject to them being available for hire to the Customer at the time required by the Customer. The Supplier will not be liable for any loss suffered by the Customer as a result of the Hire Goods being unavailable for hire where the Hire Goods are unavailable due to circumstances beyond the Supplier's control.
    2. Where hire of the Hire Goods is to a Customer who is an individual and the hire would be covered by the Consumer Credit Act 1974 the duration of the Hire Period shall not exceed 3 months, after which time the Contract shall be deemed to have automatically terminated. Accordingly the hire of any Hire Goods is not covered by the Consumer Credit Act 1974.
    3. Nothing in this Contract shall exclude or limit any statutory rights of the Customer which may not be excluded or limited due to the Customer acting as a consumer. Where the Customer is acting as a consumer any provision which is marked with an asterisk (*) may, subject to determination by the Courts, have no force or effect. For further information about your statutory rights contact your local authority Trading Standards Department or Citizens Advice Bureau or if based in the Republic of Ireland your local office of the Director of Consumer Affairs or Citizens Information Centre.
  3. Payment
    1. The amount of any Deposit, Rental and/or charges for any Services shall be as quoted to the Customer or otherwise as shown in the Supplier's current price list from time to time. Where a Deposit is required for the Hire Goods it must be paid in advance of the Customer hiring the Hire Goods. The Supplier may also require an initial payment on account of the Rental in advance of the Customer hiring the Hire Goods.
    2. The Customer shall pay the Rental, charges for any Services, monies for any Products and/or any other sums payable under the contract to the Supplier at the time and in the manner agreed. If the Supplier has agreed monthly credit terms with the Customer, invoices from the Supplier to the Customer must be paid by the last day of the month following the date of the invoice.. If no credit terms the Supplier's invoices are due for payment when an order is placed or, if agreed in advance, when the Hire Goods or Products are delivered.
    3. The Supplier's prices are, unless otherwise stated, exclusive of any applicable VAT for which the Customer shall additionally be liable.
    4. Payment by the Customer on time under the Contract is an essential condition of the Contract. Payment shall not be deemed to be made until the Supplier has received either cash or cleared funds in respect of the full amount outstanding.
    5. *If the Customer fails to make any payment in full on the due date the Supplier may charge the Customer interest (both before and after judgment/decree) on the amount unpaid at the rate implied by law under the Late Payment of Commercial Debts (Interest) Act 1998 (where applicable) or at the rate of 2.5% per month whichever is higher. Where the Supplier is entitled to claim compensation for debt recovery costs from the Customer, the Supplier may also exercise its statutory right to claim compensation charges ranging from £40 to £100, depending on the amount overdue, under the Late Payment of Commercial Debts [Interest] Act 1998, as amended and supplemented by the Late Payment of Commercial Debts Regulations 2002.
    6. *The Customer shall pay all sums due to the Supplier under this Contract without any set-off, deduction, counterclaim and/or any other withholding of monies.
    7. The Supplier may set a reasonable credit limit for the Customer. The Supplier reserves the right to terminate or suspend the Contract for hire of the Hire Goods and/or the provision of Services if allowing it to continue would result in the Customer exceeding its credit limit or the credit limit is already exceeded.
    8. The Supplier may require the Customer to provide details of a valid credit or debit card upon hire of the Hire Goods as a form of deposit, in which event the Supplier reserves the right to present these details at any time for payment of any sums due under the Contract.
  4. Risk Ownership And Insurance
    1. Risk in the Hire Goods and any Products will pass immediately to the Customer when they leave the physical possession or control of the Supplier.
    2. Risk in the Hire Goods will not pass back to the Supplier from the Customer until the Hire Goods are back in the physical possession of the Supplier. This shall apply even if the Supplier has agreed to cease charging the Rental.
    3. Ownership of the Hire Goods remains at all times with the Supplier. The Customer has no right, title or interest in the Hire Goods except that they are hired to the Customer. Ownership of any Products remains with the Supplier until all monies payable to the Supplier by the Customer for the Products have been paid in full.
    4. The Customer must not deal with the ownership or any interest in the Hire Goods. This includes but is not limited to selling, assigning, mortgaging, pledging, charging, securing, hiring, withholding, exerting any right to withhold, disposing of and/or lending. However the Customer may re-hire the Hire Goods to a third party with the prior written consent of the Supplier.
    5. The Supplier may provide reasonably priced insurance in respect of the Hire Goods at an additional cost to the Rental. Alternatively the Supplier may require the Customer to insure the Hire Goods on such reasonable terms and for such reasonable risks as the Supplier may specify. The proceeds of any such insurance that relate directly to the Hire Goods shall be held by the Customer in trust for the Supplier and be paid to the Supplier on demand. The Customer must not compromise any claim in respect of the Hire Goods and/or any associated insurance without the Supplier's written consent.
  5. Delivery, Collection And Services
    1. It is the responsibility of the Customer to collect the Hire Goods from the Supplier and return them to the Supplier at the end of the Hire Period. If the Supplier agrees to deliver or collect the Hire Goods to and/or from the Customer it will do so at its standard delivery cost and such delivery and/or collection will form part of the Services.
    2. Where the Supplier provides Services the persons performing the Services are servants of the Customer and once the Customer instructs such person they are under the direction and control of the Customer. The Customer shall be solely responsible for any instruction, guidance and/or advice given by the Customer to any such person and for any damage which occurs as a result of such persons following the Customer's instructions, guidance and/or advice except to the extent that the persons performing the Services are negligent.
    3. The Customer will allow and/or procure sufficient access to and from the relevant site and procure sufficient unloading space, facilities, equipment and access to utilities for the Supplier's employees, sub-contractors and/or agents to allow them to carry out the Services. The Customer will ensure that the site where the Services are to be performed is, where necessary, cleared and prepared before the Services are due to commence.
    4. If any Services are delayed, postponed and/or are cancelled due to the Customer failing to comply with its obligations the Customer will be liable to pay the Supplier's additional standard charges from time to time for such delay, postponement and/or cancellation except where the Customer is acting as a consumer and the delay is due to a Force Majeure event.
  6. Care Of Hire Goods
    1. The Customer shall:-
      1. not remove any labels from and/or interfere with the Hire Goods, their working mechanisms or any other parts of them and shall take reasonable care of the Hire Goods and only use them for their proper purpose in a safe and correct manner in accordance with any operating and/or safety instructions provided or supplied to the Customer;
      2. notify the Supplier immediately after any breakdown, loss and/or damage to the Hire Goods;
      3. take adequate and proper measures to protect the Hire Goods from theft, damage and/or other risks;
      4. notify the Supplier of any change of its address and upon the Supplier's request provide details of the location of the Hire Goods;
      5. permit the Supplier at all reasonable times and upon reasonable notice to inspect the Hire Goods including procuring access to any property where the Hire Goods are situated;
      6. keep the Hire Goods at all times in its possession and control and not to remove the Hire Goods from the country where the Customer is located and/or the country where the Supplier is located without the prior written consent of the Supplier;
      7. be responsible for the conduct and cost of any testing, examinations and/or checks in relation to the Hire Goods required by any legislation, best practice and/or operating instructions except to the extent that the Supplier has agreed to provide them as part of any Services;
      8. not do or omit to do anything which the Customer has been notified will or may be deemed to invalidate any policy of insurance related to the Hire Goods;
      9. not continue to use Hire Goods where they have been damaged and will notify the Supplier immediately if the Hire Goods are involved in an accident resulting in damage to the Hire Goods, other property and/or injury to any person; and
      10. where the Hire Goods require fuel, oil and/or electricity ensure that the proper type and/or voltage is used and that, where appropriate, the Hire Goods are properly installed by a qualified and competent person.
    2. The Hire Goods must be returned by the Customer in good working order and condition (fair wear and tear excepted) and in a clean condition together with all insurance policies, licences, registration and other documents relating to the Hire Goods.
  7. Breakdown
    1. Allowance will be made in relation to the Rental to the Customer for any non-use of the Hire Goods due to breakdown caused by the development of an inherent fault and/or fair wear and tear on condition that the Customer informs the Supplier as soon as practicable of the breakdown.
    2. The Customer shall be responsible for all expenses, loss (including loss of Rental) and/or damage suffered by the Supplier arising from any breakdown of the Hire Goods due to the Customer's negligence, misdirection and/or misuse of the Hire Goods.
    3. The Supplier will at its own cost carry out all routine maintenance and repairs to the Hire Goods during the Hire Period and all repairs which are required due to fair wear and tear and/or an inherent fault in the Hire Goods. The Customer will be responsible for the cost of all repairs necessary to Hire Goods during the Hire Period which arise otherwise than as a result of fair wear and tear, an inherent fault and/or the negligence of the Supplier while carrying out routine maintenance and/or repairs.
    4. The Customer must not repair or attempt to repair the Hire Goods unless authorised to do so in writing by the Supplier.
  8. Loss Or Damage To The Hire Goods
    1. If the Hire Goods are returned in damaged, unclean and/or defective state except where due to fair wear and tear and/or an inherent fault in the Hire Goods the Customer shall be liable to pay the Supplier for the cost of any repair and/or cleaning required to return the Hire Goods to a condition fit for re-hire and to pay the Rental, in accordance with the provisions of clause 8.3, until such repairs and/or cleaning have been completed.
    2. The Customer will pay to the Supplier the replacement cost of any Hire Goods which are lost, stolen and/or damaged beyond economic repair during the Hire Period less the amount paid to the Supplier under any policy of insurance taken out in accordance with these conditions.
    3. The Customer shall pay the Rental for the Hire Goods up to and including the date it notifies the Supplier that the Hire Goods have been lost, stolen and/or damaged beyond economic repair. From that date until the Supplier has replaced such Hire Goods the Customer shall pay, as a genuine pre-estimate of lost rental profit, a sum as liquidated damages being equal to two thirds of the Rental that would have applied for such Hire Goods for that period. The Supplier shall use its reasonable commercial endeavours to purchase replacements for such Hire Goods as quickly as possible using the monies paid under clause 8.2 above.
  9. Termination By Notice
    1. If the Hire Period has a fixed duration, subject to the provisions of Section 10 neither the Customer nor the Supplier shall be entitled to terminate the Contract before the expiry of that fixed period unless agreed with the other party.
    2. If the Hire Period does not have a fixed duration either of the Customer or the Supplier is entitled to terminate the Contract upon giving to the other party any agreed period of notice.
    3. If no period of notice has been agreed or specified the Customer may terminate the Hire Period by the physical return of the Hire Goods to the Supplier.
    4. The Supplier shall be entitled to terminate the hire of the Hire Goods by giving not less than 14 days' notice to the Customer.
  10. Default
    1. If the Customer:-
      1. fails to make any payment to the Supplier when due without just cause;
      2. breaches the terms of the Contract and, where the breach is capable of remedy, has not remedied the breach within 14 days of receiving notice requiring the breach to be remedied;
      3. persistently breaches the terms of the Contract;
      4. provides incomplete, materially inaccurate or misleading facts and/or information in connection with the Contract;
      5. pledges, charges or creates any form of security over any Hire Goods or proposes to compound with its creditors, creates a trust deed for its creditors, applies for an interim moratorium in respect of claims and/or proceedings, any distress/ diligence, execution or other legal process is levied on any property of the Customer, has a Bankruptcy Petition/Petition for Sequestration presented against it or the Customer takes or suffers any similar action in any jurisdiction;
      6. being a company, ceases or threatens to cease to carry on business, enters into voluntary or compulsory liquidation, has a receiver, administrator or administrative receiver or in the Republic of Ireland an examiner appointed over all or any of its assets, any attachment order/arrestment is made against the Customer, any distress/diligence, execution or other legal process is levied on any property of the Customer or the Customer takes or suffers any similar action in any jurisdiction;
      7. appears reasonably to the Supplier due to the Customer's credit rating to be financially inadequate to meet its obligations under the Contract; and/or
      8. appears reasonably to the Supplier to be about to suffer any of the above events; then the Supplier shall have the right, without prejudice to any other remedies, to exercise any or all of the rights set out in clause 10.2 below.
    2. If any of the events set out in clause 10.1 above occurs in relation to the Customer then:-
      1. except where the Customer is acting as a consumer the Supplier may enter, without prior notice, any premises of the Customer (or premises of third parties with their consent) where Hire Goods and/or Products owned by the Supplier may be and repossess any Hire Goods and/or Products;
      2. the Supplier may withhold the performance of any Services and cease any Services in progress under this and/or any other Contract with the Customer;
      3. the Supplier may immediately cancel, terminate and/or suspend without Liability to the Customer the Contract and/or any other contract with the Customer; and/or
      4. *all monies owed by the Customer to the Supplier shall immediately become due and payable.
    3. Any repossession of the Hire Goods and/or Products shall not affect the Supplier's right to recover from the Customer any monies due under the Contract and/or any damages in respect of any breach which occurred prior to repossession of the Hire Goods and/or Products.
    4. Upon termination of the Contract the Customer shall immediately:
      1. return the Hire Goods to the Supplier or make the Hire Goods available for collection by the Supplier as requested by the Supplier; and
      2. pay to the Supplier all arrears for Rentals, Charges for any Services, monies for any Products and/or any other sums payable under the Contract
  11. Limitations Of Liability
    1. *All warranties, representations, terms, conditions and duties implied by law relating to fitness, quality and/or adequacy are excluded to the fullest extent permitted by law.
    2. *If the Supplier is found to be liable in respect of any loss or damage to the Customer's property the extent of the Supplier's Liability will be limited to the retail cost of replacement of the damaged property.
    3. Any defective Hire Goods must be returned to the Supplier for inspection if requested by the Supplier before the Supplier will have any Liability for defective Hire Goods.
    4. *The Supplier shall have no Liability to the Customer if, without just cause, any monies due in respect of the Hire Goods and/or the Services have not been paid in full by the due date for payment.
    5. The Supplier shall have no Liability for additional damage, loss, liability, claims, costs or expenses caused or contributed to by the Customer's continued use of defective Hire Goods and/or Services after a defect has become apparent or suspected or should reasonably have become apparent to the Customer.
    6. The Customer shall give the Supplier a reasonable opportunity to remedy any matter for which the Supplier is liable before the Customer incurs any costs and/or expenses in remedying the matter itself. If the Customer does not do so the Supplier shall have no Liability to the Customer.
    7. *The Supplier shall have no Liability to the Customer to the extent that the Customer is covered by any policy of insurance arranged as a result of the Contract and the Customer shall ensure that the Customer's insurers waive any and all rights of subrogation they may have against the Supplier.
    8. The Supplier shall have no Liability to the Customer for any:-
      1. *consequential losses (including loss of profits and/or damage to goodwill);
      2. economic and/or other similar losses;
      3. special damages and indirect losses; and/or
      4. business interruption, loss of business, contracts and/or opportunity.
    9. *The Supplier's total Liability to the Customer under and/or arising in relation to any Contract shall not exceed 5 times the amount of the Rental and charges for Services (if any) under that Contract or the sum of £1,000/€1250 whichever is the higher. To the extent that any Liability of the Supplier to the Customer would be met by any insurance of the Supplier then the Liability of the Supplier shall be extended to the extent that such Liability is met by such insurance.
    10. Each of the limitations and/or exclusions in this Contract shall be deemed to be repeated and apply as a separate provision for each of:
      1. Liability for breach of contract;
      2. *Liability in tort/delict (including negligence); and
      3. *Liability for breach of statutory and/or common law duty; except clause 11.9 above which shall apply once only in respect of all the said types of Liability.
    11. Nothing in this Contract shall exclude or limit the Liability of the Supplier for death or personal injury due to the Supplier's negligence nor exclude or limit any other type of Liability which it is not permitted to exclude or limit as a matter of law.
    12. The Provision and Use of Work Equipment Regulations 1998 requires the Supplier to provide all of the necessary components to erect tower scaffold safely in accordance with the manufacturer's instructions. The Supplier does not accept Liability for accident or injury caused by the use of incomplete towers, or failure to erect the tower scaffold in accordance with manufacturer's instructions.
  12. General
    1. Upon termination of the Contract the provisions of clauses 3.2, 3.4, 3.5, 8.1, 8.2, 8.3 and Section 6 shall continue in full force and effect.
    2. Each hire of an item of Hire Goods shall form a distinct Contract which shall be separate to any other Contract relating to other Hire Goods.
    3. The Customer shall be liable for the acts and/or omissions of its employees, agents, servants and/or subcontractors as though they were its own acts and/or omissions under this Contract.
    4. *The Customer agrees to indemnify and keep indemnified the Supplier against any and all losses, lost profits, damages, claims, costs (including legal costs on a full indemnity basis), actions and any other losses and/or liabilities suffered by the Supplier and arising from or due to any breach of contract, any tortious/delictual act and/or omission and/or any breach of statutory duty by the Customer.
    5. *No waiver by the Supplier of any breach of this Contract shall be considered as a waiver of any subsequent breach of the same provision or any other provision. If any provision is held by any competent authority to be unenforceable in whole or in part the validity of the other provisions of this Contract and the remainder of the affected provision shall be unaffected and shall remain in full force and effect.
    6. The Supplier shall have no Liability to the Customer for any delay and/or non performance of a Contract to the extent that such delay is due to any Force Majeure events. If the Supplier is affected by any such event then time for performance shall be extended for a period equal to the period that such event or events delayed such performance.
    7. All third party rights are excluded and no third parties shall have any rights to enforce the Contract. This shall not apply to any finance company with whom the Supplier has an outstanding finance agreement relating to the Hire Goods. Such finance company shall, subject to the Supplier's consent, have the right to enforce this Contract as if they were the Supplier. This Contract is governed by and interpreted in accordance with the law of the country where the Supplier is located and that country will have exclusive jurisdiction in relation to this Contract.