Terms

TILE STUDIOS QLD PTY LTD & CASA CERAMICA PTY LTD - TERMS & CONDITIONS

1.Terms & Conditions

These Terms and Conditions ("Terms") govern your use of the website www.casaceramica.com.au (the "Site") and the purchase of products from Casa Ceramica Pty Ltd (ABN 29 676 466 649) and Tile Studio Qld Pty Ltd (ACN 657 626 385), collectively referred to as "Seller." By accessing or using this Site, you ("Buyer") agree to comply with these Terms.

Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/or contributors of content.

Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

2. Quotations

   2.1 Acceptance of a quotation is valid only for the time specified within the quote or, if not specified, within 30 days from issuance.

   2.2 We reserve the right to:

   (a) Revoke a quotation at any time; or

   (b) Decline an order based on a quotation within seven days from the order date.

3. Contract Formation

   3.1 A binding contract is established upon order confirmation or deposit receipt, signifying acceptance of these Terms.

   3.2 The contract includes the Quote, Sales Order, Invoice, and these Terms.

   3.3 These Terms override any prior agreements or representations.

   3.4 In case of a conflict, the order of priority is: (1) Terms; (2) Invoice; (3) Sales Order; (4) Quote.

   3.5 Special conditions in the Invoice prevail over conflicting Terms.

4. Pricing

   4.1 You agree to pay the specified Price and any additional charges.

   4.2 Prices include GST, which must be paid as indicated on the Invoice.

   4.3 Payments cannot be withheld, deducted, or set-off.

   4.4 We may revise the Price due to errors or cost increases beyond our control, such as freight, insurance, duties, exchange rates, and legislative changes.

5. Deposits and Payments

   5.1 A deposit is required upon order placement.

   5.2 Deposits are: (a) 50% for products and special orders; (b) full payment for orders delivered within two weeks.

   5.3 Full payment is required before product dispatch or collection.

   5.4 Payments are recognized when cleared in our bank account. Cheques are not accepted.

   5.5 A 1.5% surcharge applies to credit card transactions.

   5.6 You must cover fees for dishonored payments and any related legal or debt recovery costs.

6. Order Cancellation

   6.1 Cancellations require our written approval.

   6.2 Cancellations may be permitted if: (a) not a special order; (b) products are not ordered or unavailable; (c) cancellation and restocking fees are paid.

   6.3 Unauthorized cancellations require indemnification for incurred losses.

   6.4 We may cancel orders before collection or delivery without liability, except for refunding payments made, due to stock unavailability, quality issues, or unforeseen events.

7. Order Changes

   7.1 Changes to special orders are generally not allowed but may be considered at our discretion, with additional costs covered by you.

8. Product Specifications and Performance

   8.1 Invoice descriptions take precedence over other specifications.

   8.2 You are responsible for ensuring product specifications meet your needs.

   8.3 Confirm product suitability before ordering, especially if matching characteristics with previous purchases.

   8.4 Performance figures are estimates and not guaranteed. We are not liable for unmet performance figures.

   8.5 You must provide accurate product quantity requirements.

   8.6 You warrant that your specifications or instructions do not infringe on third-party intellectual property rights.

   8.7 Products may be slippery when wet; take necessary precautions.

9. Product Collection

   9.1 Products must be collected if not delivered. Collection details will be provided.

   9.2 Collection dates are estimates; we are not liable for delays.

   9.3 Delays do not justify cancellations or claims against us.

   9.4 Inspect products upon collection to ensure they match the Invoice.

   9.5 We are not liable for losses during or after product collection.

10. Product Delivery

    10.1 Provide delivery instructions and pay costs before arranging delivery.

    10.2 Delivery costs may change with instruction modifications, requiring written consent.

    10.3 Delivery dates are estimates; we are not liable for delays.

    10.4 Defective instalments do not constitute contract repudiation and are treated as separate breaches.

    10.5 Ensure personnel are present to accept and sign for deliveries.

    10.6 Products may be delivered to any authorized person at the delivery address.

    10.7 Delivery docket signatures confirm product receipt.

    10.8 Inspect products upon delivery and notify us within 48 hours of any issues.

11. Product Returns

    11.1 Returns are only accepted as required by Australian Consumer Law.

    11.2 Store credits for undamaged stock may be issued if: (a) prior written consent is obtained; (b) returned within 30 days; (c) match current stock shade.

12. Liability

    12.1 All guarantees, conditions, and warranties are excluded except those that cannot be excluded by law.

    12.2 We supply products matching the Invoice description, free of third-party claims, and of acceptable quality.

    12.3 Manufacturer warranties are the only warranties provided.

    12.4 Products are deemed acceptable unless defects are significant. We are not liable for minor defects or misuse-related damage.

    12.5 Liability for guaranteed breaches is limited to repair, replacement, or reimbursement, excluding removal or reinstallation costs.

    12.6 Remedies in clause 12.5 are the sole recourse for contract breaches.

13. Limitation of Liability

    13.1 Our liability for losses or claims is limited to the amount paid by you.

    13.2 We are not liable for indirect, consequential, or unforeseeable losses.

    13.3 These Terms do not exclude or modify applicable consumer law provisions.

14. Force Majeure

    We are not liable for delays or failures due to circumstances beyond our control. Contracts may be terminated after 14 days of such delays, with refunds provided for unsupplied products.

15. IMPORTANT INFORMATION REGARDING SLIP RATINGS

We provide slip rating classifications as a general guide, derived from slip test reports specific to each product batch. It is important to note that we do not have information about the environment in which the product will ultimately be installed, and therefore, we cannot guarantee the product's suitability for any setting.

Products may achieve acceptable slip ratings in controlled laboratory conditions. However, actual performance on-site may vary due to factors beyond our control, such as grouting effects, wear and tear, residue build-up, and exposure to water, oil, or other contaminants. These variables can influence slip resistance, and as such, the provided ratings should be viewed as indicative, serving as a comparative guide to assess the merits of one product against another.

For detailed guidance, please refer to the Australian Standards AS HB 198:2014, specifically Tables 3A and 3B, which outline appropriate locations corresponding to the relevant Pendulum and/or Ramp ratings. Customers should be aware that tiles can become slippery, especially when wet. Tiles commonly used in wet areas like bathrooms, kitchens, or external spaces may present slip hazards.

We strongly recommend that the customer, builder, or architect conduct their own slip resistance testing to ensure the product meets specific needs and requirements. This proactive approach is critical to confirming that the product is fit for the intended purpose and complies with applicable safety standards.

Casa Ceramica Pty Ltd and Tile Studio Qld Pty Ltd are not responsible for any aspects of installation or works beyond the sale of goods, including but not limited to inadequate slip ratings.

By using this information, you agree to indemnify and hold harmless Casa Ceramica Pty Ltd and Tile Studio Qld Pty Ltd, along with their directors, officers, employees, and agents, from any claims, losses, damages, costs, judgments, expenses, and liabilities (including reasonable legal fees) arising from or related to the information provided, the purchase, marketing, distribution, or use of the products, whether in their current form or when combined with other materials.