Southside Tile Terms & Conditions

  1. Any quotation by Southside Tile, any order placed by a customer with Southside Tile and any supply of goods by Southside Tile to a customer is deemed to incorporate these terms and conditions of sale. Customers by their acceptance of a quotation, placing an order, or accepting delivery of goods, acknowledge that they have read and accepted these terms and conditions.

  2. Title to any or all goods delivered by Southside Tile to a customer does not pass to the customer until payment in full is received by Southside Tile from the customer and the customer must:

    2.1 Store goods which have been supplied but not paid for separately to any other goods;

    2.2 Keep separate records in relation to the proceeds of the sale of any goods which have not been paid for, bank the proceeds of any such sale into a separate account and immediately remit such funds to Southside Tile and

    2.3 If any of the goods have been used in a manufacturing process or mixed with other materials, the customer must record the value of the goods so consumed, in relation to each unit and finished product and upon sale of any such finished product (or any of them), immediately remit that amount from the proceeds of sale to Southside Tile.

    If the customer does not pay for any goods on the due date specified In this agreement, Southside Tile is irrevocably authorised by the customer to enter the customer’s premises (or any premises under the control of the customer or as an agent of the customer if the goods are stored on such premises) and use reasonable force to take possession of the goods without liability for the offense of trespass, negligence or for the payment of any compensation to the customer or anyone claiming through the customer.

    The customer is a Bailee of the goods until such time as payment in full is made and title passes from Southside Tile to the customer.

  3. The customer shall pay the price on collection of the goods on or before delivery to the customer of the goods.

    3.1 The customer is liable for the delivery costs, which are payable on delivery.

    3.2 If payment is not made by the customer in accordance with the invoice, interest at the rate of twelve per cent (12%) per annum calculated from the due date for payment up to and including the date of payment will be charged.

  4. The risk with respect to the goods will pass to the customer upon delivery or collection by the customer of the goods irrespective of whether the customer has at that time paid for the goods.

  5. All orders will be packed prior to collection or delivery. Alterations to packed orders must be in writing and in each instance will attract a $25.00 fee.

    5.1 No orders will be held for collection beyond two (2) days after, which time the goods, will be returned to stock. Southside Tile will not be responsible for any consequential losses arising from the unavailability of stock after that time.

    5.2 Any goods paid for and not picked up within two (2) weeks will be subject to storage/demurrage fees.

  6. Returns will be accepted only where goods are:
    (a) undamaged;
    (b) of the current range of goods sold by Southside Tile;
    (c) returned within fourteen (14) days of the invoice date;
    (d) in unopened boxes;
    (e) of current shade.

    6.1 A handling fee of up to thirty per cent (30%) of the value of the goods returned will be charged in relation to all returns.

    6.2 Strictly no returns on indent orders and no refunds applicable.

    6.3 Returns will not be accepted without a completed returns form and prior authorisation by the company.

    6.4 Freight on returns must be prepaid.

    6.5 Returns will not be accepted on any adhesives, grouts and ancillary items.

  7. Other than where these provisions conflict with legislative requirements (in which case the legislative provisions will apply), any claim in respect of allegedly defective goods should be made in writing with fourteen (14) days of delivery or collection of the product to or by the customer. Invoices in relation to the purchase of the goods should accompany such claims.

    7.1 Southside Tile accept no responsibility whatsoever for variations in shade, cracking, crazing or incorrect items supplied after installation has occurred.

    7.2 All natural stones are subject to variations in colour and veining and must be inspected prior to pick-up or delivery. Once goods have been signed for no returns can be made on natural stone.

    7.3 Optical hazing may occur naturally in polished porcelain tiles. It is not the responsibility of the supplier as it is only a visual effect not affecting the performance or the life span of the tile, and is not considered a defect by the relevant Australian Standards.

    7.4 Installation/fixing of the tiles constitutes acceptance of the product.

  8. Southside Tile shall not be bound by any representation, warranty, or statement except insofar as such is set out herein or in the invoices accompanying the goods.

    8.1 To the extent permitted by law, any or all other warranties, conditions or representations, which may be implied, are expressly negated.

    8.2 Subject to any limitations imposed by legislation, Southside Tile liability for breach of a condition or warranty implied by law is limited to anyone of the following remedies as determined by Southside Tile:
    (a) replacement of the goods;
    (b) repair of the goods;
    (c) payment of the cost of replacing the goods or acquiring equivalent goods; or
    (d) payment of the cost of having the goods repaired.

    8.3 Southside Tile shall not be liable in any respect whatsoever to any customer for consequential loss or damage sustained by a customer attributable to defective goods or the installation of same.

  9. Any orders by customers other than natural persons will be subject to the personal guarantee of the director of the company, trust or other entity. Southside Tile will not be required to process any order unless and until such guarantee is given and any corporate officer placing an order on behalf of a corporate entity in do so acknowledges their personal liability pursuant to such guarantee for payment of the goods supplied.