Retention of Damaged Products Pending Claim Resolution
Once photographic evidence of transit damage has been submitted, the Customer must retain all damaged Products and original packaging on-site and in their delivered condition. Damaged Products must not be disposed of, moved off-site, or discarded until Tile Topia confirms in writing that the claim has been fully resolved. Retention is required as the haulier or our insurers may need to inspect the damaged goods in person. Claim resolution may take between 4 and 12 weeks depending on the haulier and insurer involved.
Costs Associated with Retained Damaged Products
Where damaged Products are retained on-site pending claim investigation or resolution, Tile Topia accepts no liability for any costs, expenses, or inconvenience associated with the storage, handling, movement, or access to those Products at the Customer's premises. This includes, but is not limited to, any costs of clearing space, moving pallets, or making the Products accessible for inspection by the haulier or insurer. This clause applies to Products that have not been installed and does not affect any statutory rights that may apply where Products have been confirmed as defective after installation.
Customer Responsibility for Safe Storage
During the period in which damaged Products are retained on-site in accordance with these Terms, the Customer, as occupier of the premises, is solely responsible for ensuring those Products are stored safely and securely so as not to cause a risk of injury to any person on the premises. Tile Topia has no control over the storage conditions at the Customer's premises and accepts no liability for any injury, accident, or property damage arising from the manner in which Products are stored or handled at the Customer's site during the claims period. The Customer is strongly advised to take appropriate precautions, including warning others of the presence of the goods and ensuring they are stored in a stable, secure, and accessible location.
Inspection of Replacement Deliveries — Visible Damage
Where Tile Topia dispatches replacement Products, the Customer must open and inspect all replacement boxes for visible damage while the delivery driver is still present and report any such damage at that time by signing the Proof of Delivery as "Damaged" or "Unchecked" as appropriate. Where visible damage to replacement Products is not noted on the Proof of Delivery at the point of delivery, no further claim will be accepted in respect of that visible transit damage. Once the driver has departed and the replacement delivery has not been noted as damaged on the Proof of Delivery, no further claim will be accepted in respect of that replacement order.
For the avoidance of doubt, this clause applies to visible transit damage only and does not affect the Customer's statutory rights in respect of Products that are found to be genuinely faulty, defective, or not as described upon reasonable inspection after delivery.