T&C's

Quotations are valid for 14 days’ available ex-stock, subject to the availability of goods or services and subject to correction of good faith errors by San Marco Tile | Studio and/or its representatives.

San Marco Tile | Studio and its representatives are not liable for shortfalls in respect of measurements or site assessments.

Prices quoted are subject to increases in cost price, including currency fluctuations, before acceptance of the quotation by the Customer.

San Marco Tile | Studio shall upon receipt and validation of 50% refundable deposit secure goods and service for a period of 21 days.

Special order goods and services shall upon receipt and validation of 50% non-refundable deposit be secured by San Marco Tile | Studio.

Goods remain the property of San Marco Tile | Studio until the invoice is paid in full for whether such goods are attached to other property or not.

The Customer hereby confirms that the goods and/or services on the Tax Invoice issued duly represent the goods and/or services ordered by the Customer at prices agreed to by the Customer and, where delivery/performance has already occurred, the goods and/or services were inspected and the Customer is satisfied that these conform to the quality and quantity ordered and are free from defects, no claims will be considered after goods have been affixed.

The Customer is not entitled to sell or dispose of any goods unpaid for. The Customer shall not allow the goods to become encumbered in any manner prior to the full payment thereof and shall advise third parties of the rights of San Marco Tile | Studio in the goods.

The Customer hereby consents to the storage and use of personal information that it has provided to San Marco Tile | Studio for establishing its credit rating and to San Marco Tile | Studio disclosing such information to credit control companies, banks and other institutions involved in rating credit. The Customer agrees that San Marco Tile | Studio will not be held liable for the good faith disclosure of any of this information to such a third party and that no further specific consent need to be obtained for the transfer of such information to a specific third party.

An event of default shall occur if:-

the Customer fails to make any payment in terms of this agreement on a due date and persists in such failure for a period of 3 days after the date of written notice by San Marco Tile | Studio to the Customer requiring the Customer to effect such payment;

the Customer commits an act which is an act of insolvency within the meaning of Section 8 of the Insolvency Act and fails to remedy the default within 5 days of receipt by the Customer of notice from San Marco Tile | Studio requiring such default to be remedied;

Any of the assets of the Customer are attached under Writ of Execution which Writ is not satisfied within 5 days after the issue thereof;

The Customer ceases to carry on business; or

The Customer compromises or attempts to compromise with any creditor or body of creditors; or
The Customer is provisionally or finally wound-up other than the voluntary liquidation implemented for the purpose of reconstruction or amalgamation; or
The Customer is placed under judicial management, whether provisionally or finally; or
The Customer breaches any of the terms of this agreement (save for a breach contemplated in Clause 7.1 above) and fails to remedy such breach within a period of 7 days from the date of written notice by San Marco Tile | Studio to the Customer requiring that such breach is remedied.
Upon the occurrence of any event of default, San Marco Tile | Studio shall, without prejudice to any other rights which it may have in law, be entitled to summarily cancel the transaction and declare the outstanding amount of the Customer’s indebtedness to be immediately due and payable.

Any order may also be cancelled by San Marco Tile | Studio, without any right to claim damages or any other relief on the part of the Customer due to Acts of God from any cause beyond the control of San Marco Tile | Studio , including but not limited to inability to secure labour, power, materials or supplies, or by reason of an act of God, war, civil disturbance, riot, state of emergency, strike, lockout, or other labour disputes, fire, flood, drought or legislation.

The invalidity of any part of this Agreement shall not affect the validity of any other part.

The Customer shall be liable to San Marco Tile | Studio for all legal expenses incurred by San Marco Tile | Studio on the attorney-and-own-client scale in respect of any action which may be instituted consequent upon any breach by the Customer of this Agreement.

San Marco Tile | Studio shall have the right to institute legal action in the Magistrate’s Court or the High Court at its sole discretion, and the Customer consents to that jurisdiction.

The Customer accepts that colour shade, as well as size variations, may occur amongst individual and batches of tiles.

The Customer agrees to pay all costs resulting from any acts or omissions of the Customer including suspension of work, modification of requirements, failure or delay in giving particulars necessary to enable work to proceed on schedule or requirements that work be completed earlier than agreed.

The Customer agrees that neither San Marco Tile | Studio nor any of its representatives or agents will be liable for any innocent or negligent misrepresentations made to the Customer.

It is the responsibility of the Customer to determine that the goods or services ordered are suitable for the purposes of intended use.

30 days written notice by prepaid registered post to rectify any defect or breach.
All claims shall be supported by the original Tax Invoice.

San Marco Tile | Studio shall not be liable for any consequential damages or for any edictal liability of any nature whatsoever, nor for any damage arising from any misuse or abuse of the goods or services.

The price on the Tax Invoice issued by San Marco Tile | Studio shall:

Be paid in cash on issue of the invoice; or
If the Customer is a Credit Approved Customer, be paid within 30 days of the end of the month in which it was first issued.

The Customer agrees to pay the amount on the Tax Invoice at the offices of San Marco Tile | Studio or at such other place San Marco Tile | Studio may designate in writing.

Any amounts not paid when due will bear interest at the prime rate of interest charged by San Marco Tile | Studio’s bankers plus 5%.

Discounts are automatically forfeited if payment in full is not made on the due date.

The Customer has no right to set-off or withholds payment for any reason whatsoever. No extension of payment of any nature shall be extended to the Customer unless agreed to in writing by San Marco Tile | Studio beforehand.

A certificate under the hand of any executive director or manager of San Marco Tile | Studio, whose appointment it shall not be necessary to prove, as to the indebtedness of the Customer in terms hereof, shall, in the absence of manifest error, be prima facie evidence of the Customer’s indebtedness to San Marco Tile | Studio.

The Customer agrees to the Standard Rates of San Marco Tile | Studio applicable from time to time for any goods or services rendered, which rates may be obtained on request.