Preamble

These Terms & Conditions govern the supply of tiles, stone, bathroomware, hardware, lighting and related products by Design Tiles Pty Ltd to approved wholesale accounts.

Wholesale supply operates differently to our retail business. Wholesale pricing reflects a model in which payment is made in full before release, and in which the Purchaser takes responsibility for transport, handling and delivery of the goods. These Terms set out that arrangement clearly so both parties know where they stand from the outset.

1. The Agreement

1.1 These Terms & Conditions, together with the material information and any further conditions recorded on the applicable quotation, order confirmation or invoice, constitute the agreement ("the Agreement") between Design Tiles Pty Ltd ("Design Tiles", "the Company", "we", "us") and the wholesale account holder named on the invoice ("the Purchaser", "you").

1.2 These Terms apply to every order placed by an approved wholesale account, whether or not the order arises from a price list, quotation, trade catalogue or verbal discussion, and whether placed in store, by email, by telephone or through any wholesale ordering portal.

1.3 Where the Purchaser issues its own purchase order, order form or standard terms, those documents are for the Purchaser's administrative convenience only. No term contained in them binds Design Tiles unless expressly accepted by Design Tiles in writing.

1.4 In the event of any inconsistency between these Terms and the further conditions recorded on the quotation, order confirmation or invoice, the conditions on the quotation, order confirmation or invoice prevail.

1.5 These Terms, together with the invoice, comprise the whole of the Agreement. All other conditions, representations or warranties not contained in these Terms and the invoice do not apply.

1.6 No variation, modification or substitution of these Terms is binding unless expressly accepted by Design Tiles in writing. For existing orders, any variation may only be made by written agreement between the Purchaser and Design Tiles.

1.7 By applying for a wholesale account, accepting these Terms electronically, or placing an order, the Purchaser acknowledges and accepts these Terms. Acceptance takes effect from the earliest of those events.

2. Wholesale Account Eligibility & Approval

2.1 Wholesale pricing and wholesale supply are available only to Purchasers holding a wholesale account approved by Design Tiles.

2.2 To apply for an account, the Purchaser must provide:

• 2.2.1 a current Australian Business Number (ABN) and registered entity name;
• 2.2.2 evidence of trade or business activity relevant to the supply of the Products (for example, builder's licence, tiling licence, interior design or architectural practice details, retail or trade business registration);
• 2.2.3 business contact, billing and authorised representative details; and
• 2.2.4 any further information Design Tiles reasonably requests to verify eligibility.

2.3 Approval of a wholesale account is at the absolute discretion of Design Tiles. Design Tiles is not obliged to give reasons for declining an application.

2.4 The Purchaser must notify Design Tiles in writing within fourteen (14) days of any change to its ABN, entity name, ownership, control, authorised representatives or trading status.

2.5 A wholesale account is personal to the approved entity. It may not be assigned, transferred, shared with, or used on behalf of any other person or business without the prior written consent of Design Tiles.

2.6 Only persons nominated in writing by the Purchaser as authorised representatives may place orders on the account. Design Tiles is entitled to rely on any order placed by a person reasonably appearing to hold that authority.

2.7 Wholesale price lists, discount structures, cost pricing and trade terms are confidential to Design Tiles and are provided solely to enable the Purchaser to transact with Design Tiles. The Purchaser must not disclose them to any third party without prior written consent.

2.8 Design Tiles may apply a minimum order value, minimum order quantity or minimum annual spend to a wholesale account. Any such requirement will be notified in writing and may be varied on thirty (30) days' written notice.

2.9 Design Tiles may suspend, vary or close a wholesale account at any time on written notice, including where the Purchaser breaches these Terms, ceases to satisfy the eligibility criteria, becomes insolvent, or where the account has been inactive for twelve (12) months or more. Suspension or closure does not affect orders already paid for in full, subject to clauses 7.4 and 16.1.

3. Quotations & Pricing

3.1 Unless previously amended or withdrawn, a quotation issued by Design Tiles is open for acceptance for thirty (30) days from its date.

3.2 Wholesale prices are quoted exclusive of GST unless expressly stated otherwise on the quotation or invoice. GST is applied at the prevailing rate at the time of invoice.

3.3 Wholesale prices are ex-warehouse, Sydney. They do not include delivery, freight, packaging beyond standard product packaging, handling beyond standard loading, or any third-party charge associated with transport.

3.4 Prices are subject to change without notice. The price payable is the price recorded on the order confirmation or invoice at the time payment is made.

3.5 Where an order is subject to import, exchange rate, freight or input cost movement between quotation and order confirmation, Design Tiles may adjust the price. The Purchaser may withdraw the order without penalty within five (5) business days of being notified of any such adjustment, provided the goods have not yet been committed to production or shipment.

3.6 Promotional pricing, clearance pricing, sale pricing and end-of-run pricing offered through Design Tiles retail channels does not attract any further wholesale discount and may be excluded from wholesale supply.

4. Orders, Confirmation & Payment

4.1 An order is not binding on Design Tiles until Design Tiles issues a written acceptance or order confirmation, at its absolute discretion.

4.2 Payment in full, in advance. Wholesale orders are supplied on a prepaid basis only. The full invoice amount, including GST, must be received in cleared funds before the goods are confirmed, allocated, or made available for collection.

4.3 Design Tiles does not offer credit accounts, trading terms, deposits, progress payments or payment on delivery for wholesale supply. No goods will be released against a purchase order, promise to pay, unpresented cheque, or funds not yet cleared.

4.4 Payment is accepted by electronic funds transfer (EFT) to the account nominated on the invoice, or by such other method as Design Tiles specifies in writing. Payment is treated as made only when funds are cleared and identifiable in the nominated Design Tiles account. The invoice number must be quoted as the payment reference.

4.5 Any bank charge, merchant surcharge, currency conversion cost or transaction fee associated with the Purchaser's chosen payment method is payable by the Purchaser.

4.6 Indent and made-to-order supply. Where goods are not held in stock and are brought in to fulfil the order, whether as an indent, container or made-to-order production run, payment in full is required before the order is placed into production or shipment. Such orders are non-cancellable and non-refundable once committed.

4.7 Where stock proves unavailable, short or discontinued after payment, Design Tiles will notify the Purchaser and will, at the Purchaser's election, supply an agreed alternative, hold the funds as credit, or refund the affected portion of the order by EFT.

5. Cancellations & Handling Fees

5.1 Before the order is committed. Where the Purchaser cancels an order in writing before the goods have been allocated, picked or committed to the order, no handling fee applies and the amount paid is refunded in full.

5.2 After the order is committed. Where the Purchaser cancels an order in writing after the goods have been allocated, picked or otherwise committed to the order, a handling fee of twenty percent (20%) of the order value applies, to cover re-stocking and processing costs.

5.3 Indent, special, custom and natural material orders. Orders for indent stock, special orders, custom sizes or finishes, cut-to-size work, natural stone and natural marble may not be cancelled, exchanged or refunded once committed.

5.4 The Purchaser will be advised of the status of the order at the time a cancellation request is received.

5.5 Refunds are processed within thirty (30) days of confirmation, by EFT only, to the account from which payment was received.

6. Collection of Goods (Purchaser-Managed)

6.1 Collection only. All wholesale orders are supplied ex-warehouse on a collection basis from a Design Tiles warehouse in Sydney. Design Tiles does not deliver wholesale orders, does not arrange freight for wholesale orders, and does not act as agent for any carrier engaged by the Purchaser.

6.2 The Purchaser is solely responsible for arranging, scheduling, resourcing and paying for the transport of the goods from the Design Tiles warehouse, whether by its own vehicle, its own personnel, or a carrier or courier of its choosing.

6.3 Goods may be collected from the Design Tiles warehouse in Sydney nominated on the order confirmation, during the collection hours advised, once Design Tiles has issued written notification that the order is ready for collection. The collection address is advised at the time the order is confirmed and may differ between orders depending on where the stock is held. Collection must be booked in advance through the booking process notified by Design Tiles.

6.4 The Purchaser must ensure that the vehicle presented for collection is suitable, roadworthy, and rated to carry the load safely, and that the load is properly restrained in accordance with the National Transport Commission Load Restraint Guide and all applicable road transport law. Design Tiles publishes a Vehicle Load Guide setting out indicative product weights and vehicle payload limits, and the Purchaser is required to consult it before attending.

6.5 Design Tiles may load palletised goods by forklift where practicable. Loading is provided as a courtesy and does not transfer any responsibility for the suitability of the vehicle, the placement of the load, or the restraint of the load. Design Tiles may refuse to load a vehicle it considers unsuitable, unsafe or overloaded, and accepts no liability arising from that refusal.

6.6 Design Tiles does not hand-unload, hand-load loose cartons in bulk, break pallets, re-pack or re-palletise goods for collection unless separately agreed in writing, in which case a reasonable handling fee applies.

6.7 All persons attending the warehouse must comply with site safety directions, wear appropriate personal protective equipment where required, and remain in designated areas.

6.8 Responsibility after collection. Design Tiles bears no responsibility for the goods once they leave the warehouse, whether collected by the Purchaser, the Purchaser's personnel, or any third-party carrier or courier engaged by the Purchaser. Design Tiles does not endorse or recommend any third-party carrier and accepts no responsibility for late collection, late onward delivery, or goods damaged, lost or degraded in transit.

6.9 It is the Purchaser's responsibility to arrange appropriate insurance covering the goods from the point of collection.

6.10 Design Tiles will use reasonable endeavours to have goods ready for collection within any indicative timeframe advised, but is not liable for any loss or damage arising from goods not being ready within that timeframe. A delay in readiness does not give the Purchaser a right to cancel the order or terminate the Agreement.

6.11 Design Tiles is not liable for any failure or delay in supply caused by shipping, freight, customs or manufacturing delay, or any other circumstance beyond its reasonable control, as further set out in clause 17.4.

6.12 Collection records, including unsigned pick-up records, are prima facie evidence that the goods were released to the Purchaser or its carrier in good order, quality and in the quantity specified on the invoice, and are evidence of receipt by the Purchaser, subject to clause 9.2.

7. Storage, Holding Periods & Fees

7.1 Design Tiles will notify the Purchaser in writing when an order is ready for collection.

7.2 Goods will be held free of charge for fourteen (14) days from the date of the ready-for-collection notice.

7.3 After that period, storage fees accrue daily until collection at the following rates:

Item	Daily storage fee
Per pallet or part thereof	$2.00 per day
Per porcelain slab or part thereof	$7.00 per day

7.4 Accrued storage fees are added to the account and must be settled in full before the goods are released for collection.

7.4A Amounts owing to Design Tiles that remain unpaid, including accrued storage and handling fees, carry interest from the due date until paid at a rate equivalent to the Westpac Bank indicator rate as at the due date plus 2%. The Purchaser must pay all costs incurred by Design Tiles in recovering those amounts, including legal and debt-recovery costs.

7.5 Where goods remain uncollected sixty (60) days after the ready-for-collection notice, Design Tiles may, on fourteen (14) days' further written notice, treat the order as abandoned, dispose of or resell the goods, and apply the proceeds against accrued storage fees, handling costs and any other amount owing. Any surplus will be refunded to the Purchaser.

7.6 Design Tiles is not liable for any deterioration, damage, staining, fading or batch or tone variation arising while goods are held in storage beyond the free holding period.

7.7 Goods held in storage remain at the Purchaser's risk from the date of the ready-for-collection notice.

8. Title & Risk

8.1 Because wholesale orders are prepaid, title in the goods passes to the Purchaser upon receipt by Design Tiles of the full invoice amount in cleared funds. The rights of Design Tiles under clauses 7.4 and 8.4 in respect of accrued storage or handling fees are not affected.

8.2 Risk in the goods passes to the Purchaser upon the earlier of:

• 8.2.1 the date of the ready-for-collection notice; and
• 8.2.2 the goods being loaded onto the Purchaser's vehicle or the vehicle of the Purchaser's carrier.

8.3 Where, for any reason, goods are released before payment has been received in cleared funds:

• 8.3.1 title remains with Design Tiles until all amounts owing by the Purchaser to Design Tiles on any account are paid in full;
• 8.3.2 the Purchaser holds the goods as bailee, and holds any proceeds of sale or disposal of those goods (and any insurance proceeds) on trust for Design Tiles up to the amount owing;
• 8.3.3 the Purchaser must not charge, encumber or grant any interest in the goods while they remain the property of Design Tiles;
• 8.3.4 Design Tiles may, by written notice, require the return of the goods, and if they are not returned may enter any premises owned, occupied or used by the Purchaser where the goods are situated and take possession of them; and
• 8.3.5 Design Tiles may recover the price of the goods notwithstanding that title has not passed; and
• 8.3.6 the Purchaser must not deal with money belonging to Design Tiles in any way that may be adverse to Design Tiles.

8.4 In addition to any right of lien or other security available at law, Design Tiles is entitled to a general lien over all goods in the possession of Design Tiles or of the Purchaser, including goods already paid for, against any amount outstanding from the Purchaser.

8.5 PPSR. The Purchaser consents to Design Tiles registering a security interest on the Personal Property Securities Register in respect of any security interest arising under this Agreement, agrees to provide all assistance reasonably required to facilitate registration, and waives any right to receive notice of a verification statement.

8.6 Any marketing merchandise, display material, sample boards, stands or signage provided to the Purchaser at no cost remains the property of Design Tiles at all times and must be returned on request.

9. Inspection, Shortages & Damage Claims

9.1 It is the Purchaser's responsibility to inspect the goods and verify the quantity, quality, batch, shade and tone at the point of collection, before the goods leave the Design Tiles warehouse.

9.2 Any claim for shortage, breakage, damage or incorrect supply must be notified to Design Tiles in writing, with photographs of the affected goods, within forty-eight (48) hours of collection. Claims received outside that period will not be accepted.

9.3 All other claims arising under this Agreement must be notified in writing within seven (7) days of collection, and in every case before the goods are used, cut, laid or installed.

9.4 No claim of any kind will be recognised once the goods have been installed, laid, cut, modified or otherwise put to use. Installation is deemed acceptance of the goods as fit and proper for their intended purpose.

9.5 Claims for damage occurring after collection, or during transport arranged by the Purchaser, are not accepted. Such claims are a matter between the Purchaser and its carrier or insurer.

9.6 Design Tiles may require access to inspect the goods, or the return of a representative sample, before assessing any claim.

10. Returns

10.1 Prior authorisation required. No goods may be returned to Design Tiles without prior written authorisation. A request to return goods must be submitted in writing within fourteen (14) days of the invoice date. Goods returned without written authorisation will not be accepted, will not be credited, and may be refused at the point of delivery.

10.2 Each return request is assessed on a case-by-case basis and acceptance is at the discretion of Design Tiles, subject to the conditions in this clause.

10.3 Where a return is authorised, all of the following must be satisfied:

• 10.3.1 the goods are returned within fourteen (14) days of the authorisation being issued, at the Purchaser's cost and risk, to the address nominated in the authorisation;
• 10.3.2 the goods are in the condition in which they were supplied, unopened, in original undamaged packaging, complete, clean and unmarked;
• 10.3.3 the goods match the batch and tone currently held by Design Tiles, verified on inspection;
• 10.3.4 the return is of at least one complete box, and part boxes are not accepted; and
• 10.3.5 the original invoice number and the return authorisation number accompany the goods.

10.4 A handling and re-stocking fee of twenty-five percent (25%) of the purchase price of the returned goods applies to all authorised returns, other than returns arising from a confirmed manufacturing fault or from goods incorrectly supplied by Design Tiles, to which no fee applies.

10.5 No return will be accepted in any circumstance for:

• 10.5.1 sale, clearance, discontinued, run-out and second-quality goods;
• 10.5.2 commercial-grade goods;
• 10.5.3 indent, special order, custom, cut-to-size or made-to-order goods;
• 10.5.4 natural stone and natural marble;
• 10.5.5 lighting products;
• 10.5.6 samples and sample packs; and
• 10.5.7 goods that have been opened, used, cut, laid, installed, sealed, modified or stored otherwise than in accordance with clause 12.

10.6 Faulty or incorrectly supplied goods. Where goods are confirmed to be affected by a manufacturing fault, or were incorrectly supplied by Design Tiles, the fourteen-day window in clause 10.1 and the conditions in clauses 10.3.3 and 10.3.4 do not apply, provided the claim was raised within the timeframes in clause 9. Design Tiles will, at its election, replace the goods, supply equivalent goods, or refund the affected portion of the invoice.

10.7 Credits and refunds on authorised returns are processed by EFT within thirty (30) days of the returned goods being received and inspected by Design Tiles.

10.8 Except as set out in this clause, the Purchaser has no right to return goods to Design Tiles or to claim any credit for returned or unused goods.

11. Product Variation, Batching & Tone

11.1 Variation in colour, shade, tone, texture, calibration, pattern, veining, crazing and surface finish is inherent in fired clay, glazed, vitrified, porcelain, ceramic, terrazzo, concrete, engineered stone and natural stone products. These variations are a natural characteristic of the product and are not a defect.

11.2 Handmade, zellige-look and artisanal products carry a higher degree of variation in size, edge profile, glaze pooling and surface irregularity. This is intrinsic to the product and is not a defect.

11.3 It is the Purchaser's responsibility to calculate the quantity required, including an appropriate allowance for wastage, cuts, breakage, selection and future repair, and to order sufficient quantity from a single batch to complete the project. Design Tiles does not accept responsibility for quantity calculation.

11.4 Design Tiles cannot guarantee the availability of matching batches or tones on re-order.

11.5 Where goods are described as "Seconds", "Second Quality", "Commercial Grade" or "Clearance", they are not warranted to be first quality, may vary in colour and size, and may include chips, imperfections and irregular shape. No warranty is given as to colour, size, shape or the absence of imperfections.

11.6 Samples, display panels, photographs, digital images and printed material are indicative only. Full-size product may vary from a sample in shade, pattern, design, tone and texture.

11.7 Unless expressly stated in writing in the product specification, goods are not suitable for, and are not warranted for, use in environments exposed to chemicals, salt, salt air or seawater.

11.8 The Purchaser acknowledges that it has satisfied itself, from its own enquiries, that the product specification is correct and appropriate for the purpose for which it requires the goods. Design Tiles accepts no responsibility for product specification or selection.

12. Storage, Handling, Installation & Maintenance

12.1 Goods must be stored on level ground, under cover, and protected from moisture, staining and impact. Nothing may be stored on or leaned against the goods.

12.2 Before laying or installation, it is the Purchaser's responsibility to check that the product supplied is as specified on the invoice and is in a fit and proper state to be laid or installed. If it is not, the Purchaser must notify Design Tiles in writing before installation proceeds. Once the product is laid or installed, it is deemed accepted as fit and proper and Design Tiles has no further responsibility for it.

12.3 Product must be laid or installed, including any sealing, strictly in accordance with the manufacturer's directions and guidelines and the relevant Australian Standard. Where there are no manufacturer's directions, the relevant Australian Standards apply as the guideline for installation and use. Design Tiles is not liable for any loss or damage arising from a failure to install or lay in accordance with those directions and Standards.

12.4 Any guidance Design Tiles provides on installation, fixing, grouting, waterproofing, sealing or maintenance is general in nature and is not a guarantee, specification or warranty. Responsibility for engaging a suitably qualified and experienced tiler, and for the standard of the installed work, rests with the Purchaser, who does not rely on Design Tiles in relation to the use, fixing or installation of the goods. Design Tiles is not liable for the work of any tradesperson, whether or not Design Tiles has referred that tradesperson, and the Purchaser should make its own enquiries as to the competency of any tradesperson. Design Tiles is not responsible for the materials once installed.

12.5 Once laid, the Purchaser must properly clean and maintain the product to avoid staining. Design Tiles is not liable for staining caused during or after installation, by failure to clean and maintain, or by the storage of materials on the product after installation.

12.6 Acidic, caustic and detergent-based cleaners must not be used on stone or tile surfaces. pH-neutral cleaners are recommended.

12.7 No tile is guaranteed against chipping, crazing or wear unless specifically confirmed in writing by Design Tiles.

13. Warranties

13.1 Design Tiles warrants to the Purchaser that:

• 13.1.1 it owns the goods and is free to sell them;
• 13.1.2 at the time the goods leave the control of Design Tiles, they are of merchantable quality having regard to the grade and quality specified on the invoice;
• 13.1.3 where the invoice records a condition specifying the purpose for which the goods are required, the goods are, at the time they leave the control of Design Tiles, reasonably fit for that purpose. If no such condition is recorded, no warranty as to purpose is given; and
• 13.1.4 where goods are sold by reference to a generic description or sample specified on the invoice, they are, at the time they leave the control of Design Tiles, reasonably consistent with that description or sample. If no generic description or sample is specified, no such warranty is given.

For the purposes of this clause, goods leave the control of Design Tiles at the point of release for collection.

13.2 Where goods carry a manufacturer's warranty, Design Tiles will, when required to do so, use all reasonable endeavours to assist the Purchaser in obtaining the benefit of that warranty. The manufacturer's warranty terms govern any such claim.

13.3 The warranties in this clause are subject to the qualifications in clause 11.

13.4 Apart from the warranties in this clause and any warranty implied by statute that cannot lawfully be excluded, Design Tiles gives no further warranty. The Purchaser acknowledges that in entering into this Agreement it has not relied on any warranty by or on behalf of Design Tiles not recorded in this Agreement.

14. Limitation of Liability

14.1 Australian Consumer Law. Nothing in these Terms excludes, restricts or modifies any guarantee, right, warranty or remedy conferred by the Competition and Consumer Act 2010 (Cth), including the Australian Consumer Law, or any other legislation, where to do so would be unlawful.

14.2 To the extent permitted by law, all express or implied representations, conditions, statutory guarantees, warranties and provisions relating to these Terms and not contained in them are excluded.

14.3 To the extent permitted by law, the liability of Design Tiles for breach of any warranty contained or implied in this Agreement, and for any other breach of this Agreement, is limited, at the absolute discretion of Design Tiles, to one of the following:

• 14.3.1 replacement of the goods or the supply of equivalent goods;
• 14.3.2 repair of the goods; or
• 14.3.3 payment of the cost of replacing the goods, supplying equivalent goods, or repairing the goods.

14.4 In every case, the liability of Design Tiles expressly excludes the cost of removal or lifting of the product, re-laying, re-fixing, re-grouting, waterproofing, scaffolding, access, labour, site rectification, or any associated works.

14.5 To the extent permitted by law, Design Tiles is not liable for any special, indirect, consequential or economic loss, loss of profit, loss of opportunity, loss of contract, delay costs, liquidated damages or site standing costs suffered by the Purchaser or any other person, arising from any act or omission of Design Tiles, including breach, termination or non-observance of the terms of an order or agreement incorporating these Terms.

14.6 In no case does the aggregate liability of Design Tiles in respect of an order exceed the invoice value of the goods supplied under that order.

14.7 The Purchaser indemnifies Design Tiles against any claim for loss, damage or injury arising from the collection, transport, handling, storage, installation or onward supply of the goods after they leave the Design Tiles warehouse.

15. Onward Supply

15.1 Where the Purchaser resells or supplies the goods to a third party, the Purchaser does so as principal in its own right and not as agent, distributor, representative or partner of Design Tiles.

15.2 The Purchaser must not make any representation, warranty or commitment on behalf of Design Tiles, and must not hold itself out as having authority to do so.

15.3 The Purchaser is responsible for passing on to its own customers all relevant manufacturer instructions, installation guidelines, safety warnings and product information supplied with the goods, including the warnings in clause 18.

16. Suspension & Termination

16.1 Design Tiles may suspend or terminate a wholesale account, decline to accept further orders, or withhold release of goods where the Purchaser:

• 16.1.1 breaches these Terms;
• 16.1.2 fails to pay any amount owing, including storage and handling fees;
• 16.1.3 ceases to satisfy the eligibility criteria in clause 2;
• 16.1.4 becomes insolvent, has an administrator, receiver or liquidator appointed, or ceases to carry on business; or
• 16.1.5 engages in conduct that in the reasonable opinion of Design Tiles is damaging to the reputation or commercial interests of Design Tiles.

16.2 Termination does not affect any right or obligation accrued before termination, and does not affect orders already paid for in full, subject to clauses 7.4 and 16.1.

16.3 Clauses 2.7, 6.8, 6.9, 7, 8, 9, 10, 11, 12, 13, 14, 15, 17 and 18 survive termination.

17. General Provisions

17.1 Severability. If any provision of this Agreement is held invalid or unenforceable, that provision is severable and its severance does not affect the enforceability of the remaining provisions.

17.2 Interpretation. Words importing the singular include the plural, and words importing one gender include all other genders.

17.3 Joint and several. Where the Purchaser comprises more than one party, those parties are bound by this Agreement jointly and each of them severally.

17.4 Force majeure. Design Tiles is not liable for any failure or delay in performance caused by any circumstance beyond its reasonable control, including shipping and freight disruption, customs delay, manufacturing failure, industrial action, natural disaster, epidemic, government action or utility failure.

17.5 Notices. Notices under this Agreement must be in writing and may be given by email to the address recorded on the account. Notices are deemed received on the next business day after transmission.

17.6 Waiver. A failure or delay by Design Tiles in exercising a right under this Agreement does not operate as a waiver of that right.

17.7 Governing law. This Agreement is governed by and interpreted according to the laws of New South Wales. The parties submit exclusively to the jurisdiction of the courts of New South Wales to determine any dispute between them.

17.8 Amendment. Design Tiles may amend these Terms from time to time. The version in force at the date of the order confirmation applies to that order. The current version is published at designtiles.com.au.

18. Product Warnings

Sealing. Some tiles and natural stone require surface sealing prior to grouting. Consultation with the manufacturer and your Design Tiles representative is advised. Sealer is available separately.

Slip resistance. Any ceramic, porcelain or stone tile can be slippery, particularly when wet. All necessary precautions should be taken where tiles are exposed to liquids. Slip ratings, where published, apply to the product in the condition in which it is supplied.

Crystalline silica. Any product containing crystalline silica must be installed or fabricated using the score-and-snap method and/or wet cutting, in conjunction with AS/NZS 1716:2012, AS/NZS 1715:2009 and AS/NZS 60335.2.69:2017. Further information: safework.nsw.gov.au.

Handling. Tiles, slabs and stone are heavy and can cause serious injury if incorrectly lifted, stacked or restrained. Appropriate lifting equipment, personal protective equipment and load restraint must be used at all times.

Design Tiles Pty Ltd · ABN 34 090 625 148 · Sydney NSW · admin@designtiles.com.au · accounts@designtiles.com.au