Any reference in these conditions to the Company shall be a reference to Pacesetter (1981) Limited of 4 Harris Terrace, Douglas, Isle of Man or any associated or subsidiary company or its successor in title. Any reference to the Buyer will include any successor in title to the buyer. All orders are accepted subject to the following conditions:

1. QUOTATIONS: The Company's quotations represent an invitation to the Buyer to place an order and do not constitute a legal offer. The purchase order (which must be in writing) will be regarded as the offer and our order acceptance will be regarded as binding. Unless specifically agreed by the Company in writing (when accepting the order) special conditions contained in any purchase order will be excluded from the conditions of sale, and cannot therefore form part of the contractual conditions.

2. PRICES: All prices quoted without commitment and subject to alterations or withdrawal by the Company without notice prior to acceptance of the order, and orders can only be accepted on condition that the prices charged are those ruling at date of despatch, unless the Company has specifically engaged in a fixed price contract.

3. DEFECTIVE GOODS: In the event of any article proving defective in material the Company undertakes to replace it free of charge on the same basis as the Company can claim from its suppliers. Under no circumstances does the Company accept liability for consequential loss or damage however arising, and any liability for any such consequential loss or damage is hereby specifically excluded.

4. EXPRESS TERMS: Any express term conditions or warranty or representation made by the Company shall be excluded from every order unless it is made in writing by a lawfully authorised agent by and on behalf of the Company.

5. LATE DELIVERY: Delivery dates are given in good faith and every effort will be made to ensure due performance, but the Company cannot accept responsibility for damages or consequential loss arising from delays caused by strikes, lockouts, breakdowns, fires or shipping delays or any other circumstances beyond our control. If the Buyer's instructions or lack of instructions cause delay in delivery, the Company shall be entitled to an extension of the time of delivery originally agreed.

6. BREAKAGES, SHORTAGES AND NON-DELIVERY: The Company cannot accept any liability whatsoever for damage or shortage when goods are removed from the Company's premises by the Buyer's own transport. The Company cannot accept any liability for damage or shortage when goods are delivered by the Company's transport unless notified in writing to the Company within three days of receipt. Non-delivery must be reported in writing to the Company within two days of receipt of invoice or advice of despatch. In the event of third party carriers nominated by the Company, the risk in any goods shall pass to the Buyer as soon as the goods are delivered to the appointed carrier, and thereupon all liabilities of the Company in the goods for loss, destruction, breakages, shortages or non-delivery shall cease.

7. RETURNS: Goods must not be returned for credit without prior agreement. Goods returned surplus to requirements must be in a re-saleable condition, and will be credited at the purchase price less 20% to cover administration, handling and storage costs. Damaged items not subject to a claim will only be accepted as scrap.

8. ACCOUNTS: Unless the Buyer has an approved credit account all goods must be paid for on or before delivery. The Company's credit terms, unless specifically marked on the invoice, are settlement within 30 days of invoice date, or cash (strictly nett). If an account is overdue it shall bear an additional charge of 2½% per month. In addition the Company shall be entitled (without prejudice to any right of damage or other remedy available to it) to withhold further deliveries to the Buyer until payment is made. In all circumstances the Company shall retain ownership of the goods until payment in full has been received by the Company. The Buyer shall take all necessary measures for the protection of the goods until receipt of payment.

8a. OWNERSHIP OF GOODS: Until payment in full has been received by Pacesetter (1981) Limited in accordance with the terms and conditions of this contract: a) Ownership of all goods shall remain with Pacesetter (1981) Limited which reserves the right to dispose of the goods. b) If payment in full as aforesaid is overdue in whole or in part, Pacesetter (1981) Limited may (without prejudice to its other rights) recover or re-sell the goods or any of them and may enter upon the buyer's premises by its servants or agents for that purpose. Payment shall become due immediately upon the commencement of any act or proceeding in which the buyer's solvency is involved. c) Until Pacesetter (1981) Limited is paid in full as aforesaid the relationship of the buyer to Pacesetter (1981) Limited shall be fiduciary and if the same are sold by the buyer, Pacesetter (1981) Limited shall have the right to trace the proceeds thereof according to the principles in Re Hallett's Estate. A like right for Pacesetter (1981) Limited shall apply where the buyer uses the goods in any way so as to be entitled to payment from a third party.

9. CANCELLATION OF ORDERS: Cancellation may only be effected at the Buyer's written request and the Company's subsequent written approval. The Company does however reserve the right to enforce the contract or be indemnified against loss.

10. DELIVERY TO SITE: The driving, positioning and the route taken by the Company's delivery vehicle is at the entire discretion of the Company's driver. Unloading from the vehicle must be effected by the Buyer's own labour force and lifting tackle.

11. METRIC CONVERSION: Apparent inconsistencies in the pricing are due to the fact that conversion of prices from Imperial to Metric units or vice versa has been based on a nominal number of tiles per square yard and square metre and not on the exact relationship of these two areas.

12. TECHNICAL ADVICE: While every effort will be made to assist the buyer by technical information and advice the Company shall be under no liability for any loss, damage or expense whether direct or consequential incurred as a result of such information or advice. The Company accepts no responsibility for design or construction work which is not under the Company's direct control.

13. SAMPLES: Samples are submitted, whenever possible, from current stocks but the Company cannot guarantee that all materials supplied will conform exactly to the samples. Any alleged discrepancy between samples and bulk deliveries or dissatisfaction with goods delivered must be reported to the Company, in writing, before the goods are embodied in any construction, allowing the Company's agents reasonable time for inspection. No liability will be accepted by the Company after the materials have been embodied in any construction.

14. VARIATION: Shade variation is inherent in the manufacture of decorative ceramics, and therefore it is essential to ensure that the blend is acceptable before fixing. No tiles are guaranteed against crazing. Certain reactive glazes can produce this condition which is considered to enhance the artistic effect of the tiles. In common with most manufactured products from natural materials there can be shade variations from batch to batch. Please note therefore that: (1) Samples and displays may not be identical to the shade currently in stock. (2) It is important to purchase sufficient tiles from one batch to complete the job as it may not be possible to obtain the same shade for subsequent orders. (3) It is the responsibility of the buyer to ensure that they have an acceptable blend and to check tiles before fixing as no claim can be accepted once tiles are fixed.

Terms and Conditions

These terms and conditions outline the rules and regulations for the use of Pacesetter Limited Website, located at pacesetter-ltd.com.

By accessing this website we assume you accept these terms and conditions. Do not continue to use pacesetter-ltd.com if you do not agree to take all of the terms and conditions stated on this page.

The following terminology applies to these Terms and Conditions, Privacy Statement and Disclaimer Notice and all Agreements: “Client”, “You” and “Your” refers to you, the person log on this website and compliant to the Company's terms and conditions. “The Company”, “Ourselves”, “We”, “Our” and “Us”, refers to our Company. “Party”, “Parties”, or “Us”, refers to both the Client and ourselves. All terms refer to the offer, acceptance and consideration of payment necessary to undertake the process of our assistance to the Client in the most appropriate manner for the express purpose of meeting the Client's needs in respect of provision of the Company's stated services, in accordance with and subject to, prevailing law of Netherlands. Any use of the above terminology or other words in the singular, plural, capitalization and/or he/she or they, are taken as interchangeable and therefore as referring to same.

Cookies

We employ the use of cookies. By accessing pacesetter-ltd.com, you agreed to use cookies in agreement with the Pacesetter Pensions Limited Privacy Policy.

Most interactive websites use cookies to let us retrieve the user's details for each visit. Cookies are used by our website to enable the functionality of certain areas to make it easier for people visiting our website. Some of our affiliate/advertising partners may also use cookies.

License

Unless otherwise stated, Pacesetter Limited and/or its licensors own the intellectual property rights for all material on pacesetter-ltd.com. All intellectual property rights are reserved. You may access this from equilibriumpensions.com for your own personal use subjected to restrictions set in these terms and conditions.

You must not:

• Republish material from pacesetter-ltd.com

• Sell, rent or sub-license material from pacesetter-ltd.com

• Reproduce, duplicate or copy material from pacesetter-ltd.com

• Redistribute content from pacesetter-ltd.com

This Agreement shall begin on the date hereof.

Parts of this website offer an opportunity for users to post and exchange opinions and information in certain areas of the website. Pacesetter Limited does not filter, edit, publish or review Comments prior to their presence on the website. Comments do not reflect the views and opinions of Equilibrium Pensions,its agents and/or affiliates. Comments reflect the views and opinions of the person who post their views and opinions. To the extent permitted by applicable laws, Equilibrium Pensions shall not be liable for the Comments or for any liability, damages or expenses caused and/or suffered as a result of any use of and/or posting of and/or appearance of the Comments on this website.

Pacesetter Limited reserves the right to monitor all Comments and to remove any Comments which can be considered inappropriate, offensive or causes breach of these Terms and Conditions.

You warrant and represent that:

• You are entitled to post the Comments on our website and have all necessary licenses and consents to do so;

• The Comments do not invade any intellectual property right, including without limitation copyright, patent or trademark of any third party;

• The Comments do not contain any defamatory, libelous, offensive, indecent or otherwise unlawful material which is an invasion of privacy

• The Comments will not be used to solicit or promote business or custom or present commercial activities or unlawful activity.

You hereby grant Pacesetter Limited a non-exclusive license to use, reproduce, edit and authorize others to use, reproduce and edit any of your Comments in any and all forms, formats or media.

Hyperlinking to our Content

The following organizations may link to our Website without prior written approval:

• Government agencies;

• Search engines;

• News organizations;

• Online directory distributors may link to our Website in the same manner as they hyperlink to the Websites of other listed businesses; and

• System wide Accredited Businesses except soliciting non-profit organizations, charity shopping malls, and charity fundraising groups which may not hyperlink to our Web site.

These organizations may link to our home page, to publications or to other Website information so long as the link: (a) is not in any way deceptive; (b) does not falsely imply sponsorship, endorsement or approval of the linking party and its products and/or services; and (c) fits within the context of the linking party's site.

We may consider and approve other link requests from the following types of organizations:

• commonly-known consumer and/or business information sources;

• dot.com community sites;

• associations or other groups representing charities;

• online directory distributors;

• internet portals;

• accounting, law and consulting firms; and

• educational institutions and trade associations.

We will approve link requests from these organizations if we decide that: (a) the link would not make us look unfavorably to ourselves or to our accredited businesses; (b) the organization does not have any negative records with us; (c) the benefit to us from the visibility of the hyperlink compensates the absence of Equilibrium Pensions Limited; and (d) the link is in the context of general resource information.

These organizations may link to our home page so long as the link: (a) is not in any way deceptive; (b) does not falsely imply sponsorship, endorsement or approval of the linking party and its products or services; and (c) fits within the context of the linking party's site.

f you are one of the organizations listed in paragraph 2 above and are interested in linking to our website, you must inform us by sending an e-mail to Equilibrium Pensions Limited. Please include your name, your organization name, contact information as well as the URL of your site, a list of any URLs from which you intend to link to our Website, and a list of the URLs on our site to which you would like to link. Wait 2-3 weeks for a response.

Approved organizations may hyperlink to our Website as follows:

• By use of our corporate name; or

• By use of the uniform resource locator being linked to; or

• By use of any other description of our Website being linked to that makes sense within the context and format of content on the linking party's site.

No use of Pacesetter Limited logo or other artwork will be allowed for linking absent a trademark license agreement.

iFrames

Without prior approval and written permission, you may not create frames around our Webpages that alter in any way the visual presentation or appearance of our Website.

Content Liability

We shall not be hold responsible for any content that appears on your Website. You agree to protect and defend us against all claims that is rising on your Website. No link(s) should appear on any Website that may be interpreted as libelous, obscene or criminal, or which infringes, otherwise violates, or advocates the infringement or other violation of, any third party rights.

Reservation of Rights

We reserve the right to request that you remove all links or any particular link to our Website. You approve to immediately remove all links to our Website upon request. We also reserve the right to amen these terms and conditions and it's linking policy at any time. By continuously linking to our Website, you agree to be bound to and follow these linking terms and conditions.

Removal of links from our website

If you find any link on our Website that is offensive for any reason, you are free to contact and inform us any moment. We will consider requests to remove links but we are not obligated to or so or to respond to you directly.

We do not ensure that the information on this website is correct, we do not warrant its completeness or accuracy; nor do we promise to ensure that the website remains available or that the material on the website is kept up to date.

Disclaimer

To the maximum extent permitted by applicable law, we exclude all representations, warranties and conditions relating to our website and the use of this website. Nothing in this disclaimer will:

• limit or exclude our or your liability for death or personal injury;

• limit or exclude our or your liability for fraud or fraudulent misrepresentation;

• limit any of our or your liabilities in any way that is not permitted under applicable law; or

• exclude any of our or your liabilities that may not be excluded under applicable law.

The limitations and prohibitions of liability set in this Section and elsewhere in this disclaimer: (a) are subject to the preceding paragraph; and (b) govern all liabilities arising under the disclaimer, including liabilities arising in contract, in tort and for breach of statutory duty.

As long as the website and the information and services on the website are provided free of charge, we will not be liable for any loss or damage of any nature.