Terms and Conditions

TERMS a. An order placed by a purchaser or customer (“CUSTOMER”) is subject to the following conditions of sale unless otherwise expressly agreed to in writing by AA Tiles ABN 17 107 861 067

b. The terms and conditions of this invoice supersede any terms and/or conditions set forth in any purchase order, or written document by the ordering party.

TRADING TERMS Terms are strictly cash before delivery unless either:

a. Prior credit arrangements have been made strictly in accordance with the Company’s Credit policy; or

b. The Company’s enforcement of the requirement for payment before delivery would be contrary to any laws enacted in N.S.W., in which event the amount payable by the customer prior to the fixing of the tiles shall be the amount permitted under the relevant legislation.

c. 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 dispatch.

d. Sizes and weights quoted are approximate only, due to the inherent nature of ceramics, variations during manufacture cannot be avoided. AA Tiles will not be liable for any variation in size or weight of goods where such variation falls within accepted industry standards.

e. Any display boards, stands, samples or promotional goods provided by AA Tiles to the Customer are on a loan basis, will remain the property of AA Tiles and must be available for return upon request.

ORDERS a. All orders are subject to be paid in full for the value of the invoice.

b. Products can be sold out when out of stock. If the product is out of stock, a sales representative will contact the customer within 48 hours after purchase. The item will be swapped for a similar alternative or a refund will be provided. This will be the customer's decision.

SUPPLY OF TILES a. IT IS THE SOLE RESPONSIBILITY OF THE CUSTOMER to check their order at the time of purchase or delivery, including but not limited to: the dimensions, colors, shade variations, quality, quantity, and any other detail shown on any orders.

b. Due to the inherent nature of ceramics, paving bricks, terracotta, and natural products such as marble and granite, variations from shipment must be expected.

c. All tiles should be checked for color, size, and quality before being fixed. Check with your tiler or contact AA Tiles for information regarding the aforesaid prior to fixing any tiles. AA Tiles will accept no responsibility after tiles have been fixed or used in any other way.

d. Measurement and quantities must be thoroughly checked with your tiler before being finalized. We take no responsibility for the accuracy of the quantity of product, which you have ordered.

e. All products sold by AA Tiles are to be fixed and applied in accordance with the manufacturer's instructions.

f. All goods must be used in accordance with recognized industry standards.

g. No responsibility will be accepted by AA Tiles for damage that occurs from the use of acids in cleaning or any other procedure that is not recommended by the manufacturer.

h. Tiles are not guaranteed against “crazing” (The cracking that occurs in fired glazes or other ceramic coatings due to critical tensile stresses.) For further information about crazing, please call AA Tiles.

Please check that you have sufficient product before tiling, as no guarantee is given that subsequent supplies of the same product will be available or will match in shade or gauge.

GOODS IN STORAGE a. Upon AA Tiles providing notification to the Customer that goods are being held in storage on the Customer’s behalf, the Customer acknowledges that such goods will be held in storage for 14 days, after which such goods will attract a daily storage fee of $3 per pallet.

TITLE OF THE GOODS a. Title of goods shall pass to the customer, only upon full payment of the invoice amount; payment of any other amounts owing by the customer to AA Tiles and any interest due to AA Tiles, whether in respect of the supply of the goods or otherwise.

b. The Customer will pay all costs & expenses (on a full indemnity basis) incurred by AA Tiles or its solicitors, legal advisers, mercantile agents & other parties acting on AA Tiles’ behalf in respect of anything instituted or being considered against the Customer whether for debt, loss, damages, possession of any Products, or otherwise.

WARRANTY AA Tiles shall not be responsible for any indirect, special, or consequential damages related to the warranty of the product, delivery, or delivery timing other than as follows:

a. Certain goods may come with a manufacturer’s warranty, and warranty service will depend on the item, the nature of the problem, and the Customer’s location.

b. Details on manufacturer’s warranties will generally be attached when you receive your products.

c. Manufacturer’s warranties do not cover labor or delivery.

d. Where there is a manufacturer’s warranty on any goods, the warranty period will begin at the time goods are picked up or delivered to the Customer.

e. Except for this clause, there are no other warranties; express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, product availability, manufacturer order approval, order fulfillment time, and all such warranties are specifically disclaimed.

INDEMNITY a. Except as otherwise expressly provided in these conditions, all warranties, representations, promises, conditions, or statements regarding the goods, whether express or implied, and whether statutory or otherwise (including, without limiting generality, warranties, representations, promises, conditions, and statements as to merchantability, suitability or fitness for any purpose, profitability, or any other attributes or consequences of or benefits to be obtained from or in the course of using such goods, are to the full extent permitted by law hereby expressly excluded.

b. Where the Customer has complied with all of its obligations under this Agreement, the liability of AA Tiles for a breach of this Agreement is limited to any one or more of the following at the option of AA Tiles:

i. The replacement of the goods or supply of equivalent goods; or

ii. The repair of the goods; or

iii. The payment of the cost of replacing the goods or acquiring equivalent goods; or

iv. The payment of the cost of having the goods repaired.

c. Damages for which AA Tiles shall be liable (and to which AA Tiles’ liability shall be limited) shall not exceed, in respect of all claims in aggregate, the amount paid by the Customer to AA Tiles under AA Tiles’ invoice for the goods.

d. Certain tiles may be slippery when wet or inappropriate for use in certain conditions or may require maintenance. AA Tiles will provide recommendations based on information provided by the Customer; however, no liability will be accepted for injuries or damages due to inappropriate tile selection.

9. DELIVERIES a. AA Tiles will use reasonable endeavors to deliver goods to the customer on the Delivery Date during AA Tiles’ normal business hours of 8:30 am - 5 pm Mon-Fri, but it is not and will not be responsible for any delay due to causes beyond its control, including (but not limited to) its manufacturing, shipping, or delivery delays, strikes, force majeure, and acts of God.

b. Claims made for:

i. Incorrect supply, short supply; or

ii. goods damaged in transit; or

iii. any discrepancies regarding an invoice

All claims made for the above-mentioned damaged tiles will require photographic evidence of damage, including packaging and contents, to be sent no longer than (2) days from the delivery of goods.

10. CANCELLATIONS, REFUNDS, AND CREDIT We do not accept returns of goods, except as required by laws in NSW. Claims for credit or refunds are strictly limited and in accordance with the following conditions:

a. No refunds or credits on change of mind.

b. An original sales invoice on which the goods were purchased must be produced by the Customer.

c. Goods must be in a saleable condition.

d. Tiles made to order cannot be canceled or returned for credit.

e. In exceptional circumstances, at the discretion of AA Tiles, various handling and delivery charges will be applicable on all returns and exchanges.

f. Any delivery or collection charges are the responsibility of the customer, not AA Tiles.

g. Goods held by AA Tiles on your behalf are subject to inspection by you, the Customer, at the time of pick up or receiving such goods.

h. You are responsible for the selection of the person/tiler who will affix or install the products purchased. You should make thorough independent inquiries of such person’s qualifications and workmanship. AA Tiles makes no warranties, implied or otherwise, nor does it endorse any tilers even if their name(s) or card has been obtained through AA Tiles.

11. SEVERABILITY If any provision of this Agreement is held invalid, unenforceable, or illegal for any reason, the Agreement shall remain otherwise in full force apart from such provisions which shall be deemed deleted.

12. GOVERNING LAW This Agreement shall be governed by and construed according to the laws of New South Wales.

13. ONLINE PURCHASES In selecting delivery when purchasing your product, you agree to accept delivery of the product. If you are not available to accept your delivery within the allowed 2-14 Business Days (dependent on location), you must advise AA Tiles immediately, before delivery is attempted.

AA Tiles will attempt to contact you before delivery is issued, to ensure you are able to accept the product on its arrival.

Any additional fees or charges as a result of failed delivery attempts made by couriers will be passed on to you, the purchaser, at full price.

All deliveries are made to the curbside only at the specified address. By purchasing your product, you, the purchaser, are allowing permission for the courier to use that curbside to deliver your product. Once tiles are delivered to the curbside, they become the sole responsibility of you, the purchaser.

For smaller orders, it is at the discretion of the courier should they choose to deliver beyond the curbside, i.e., to a residential address doorstep or similar.

**15. MOBILE TERMS OF SERVICE**

The AA Tiles mobile message service (the "Service") is operated by AA Tiles (“AA Tiles,” “we,” or “us”). Your use of the Service constitutes your agreement to these terms and conditions (“Mobile Terms”). We may modify or cancel the Service or any of its features without notice. To the extent permitted by applicable law, we may also modify these Mobile Terms at any time, and your continued use of the Service following the effective date of any such changes shall constitute your acceptance of such changes.

By consenting to AA Tiles’ SMS/text messaging service, you agree to receive recurring SMS/text messages from and on behalf of AA Tiles through your wireless provider to the mobile number you provided, even if your mobile number is registered on any state or federal Do Not Call list. Text messages may be sent using an automatic telephone dialing system or other technology. Service-related messages may include updates, alerts, and information (e.g., order updates, account alerts, etc.). Promotional messages may include promotions, specials, and other marketing offers (e.g., cart reminders).

You understand that you do not have to sign up for this program to make any purchases, and your consent is not a condition of any purchase with AA Tiles. Your participation in this program is completely voluntary.

We do not charge for the Service, but you are responsible for all charges and fees associated with text messaging imposed by your wireless provider. Message frequency varies. Message and data rates may apply. Check your mobile plan and contact your wireless provider for details. You are solely responsible for all charges related to SMS/text messages, including charges from your wireless provider.

You may opt-out of the Service at any time. Text the single keyword command STOP to +18337081531 or click the unsubscribe link (where available) in any text message to cancel. You'll receive a one-time opt-out confirmation text message. No further messages will be sent to your mobile device unless initiated by you. If you have subscribed to other AA Tiles mobile message programs and wish to cancel, except where applicable law requires otherwise, you will need to opt out separately from those programs by following the instructions provided in their respective mobile terms.

For Service support or assistance, email sales@aatiles.com.au.

We may change any short code or telephone number we use to operate the Service at any time and will notify you of these changes. You acknowledge that any messages, including any STOP or HELP requests, you send to a short code or telephone number we have changed may not be received, and we will not be responsible for honoring requests made in such messages.

The wireless carriers supported by the Service are not liable for delayed or undelivered messages. You agree to provide us with a valid mobile number. If you get a new mobile number, you will need to sign up for the program with your new number.

To the extent permitted by applicable law, you agree that we will not be liable for failed, delayed, or misdirected delivery of any information sent through the Service, any errors in such information, and/or any action you may or may not take in reliance on the information or Service.

We respect your right to privacy. To see how we collect and use your personal information, please see our Privacy Notice.