Effective 25 August 2026

1. Definitions

“Factory Order Date” means the date we place the purchase order for your goods with our supplier. We will let you

know this date by email within a few days of placing it.

“Estimated Supply Window” means the range of weeks from the Factory Order Date within which we expect your

goods to arrive in Auckland, as set out in clause 6. It is a planning estimate, not a guaranteed date.

“Delivery” means your goods have been delivered to your nominated address, as evidenced by a signed delivery docket or carrier receipt.

“Collection” means you or your representative has taken possession of the goods at our Auckland premises.

“Indent Order” means goods made or sourced to order for you rather than supplied from stock held in Auckland.

“Consumer” has the meaning given in the Consumer Guarantees Act 1993.

“Business Customer” means a customer acquiring goods for the purposes of a business.

2. How our contract is formed

Our quote is an offer, valid for 30 days unless we say otherwise. A contract is formed when you accept the quote in writing or pay a deposit, whichever happens first.

These Terms of Trade apply to that contract. We publish them here, we summarise the key points on every quote, and we set them out again in your Order Confirmation. Please read them before you pay.

If we have agreed something different with you in writing, that agreement takes precedence over these terms.

3. Quantities

When placing orders, please consider a percentage for cutting, typically recommended at 10-15% of the area to be tiled.

Ordering additional tiles at a later date may be challenging, so it’s advisable to order a sufficient quantity as part of your initial order.

4. Product variation and suitability

It is essential to be aware of potential variations in shade and size between samples and delivered goods, as well as between tiles making up your order.

Due to the handcrafted nature of our hand-glazed tiles, variations in colour, texture, crazing, and finish will occur in different degrees depending on the specific glaze. Certain tiles may craze over time, meaning small surface cracks may develop over the course of your tile’s lifetime. Crazing is part of the beauty of our tiles. Such variations are inherent to the tile manufacturing process and should not be considered defects.

Retaining additional tiles for potential wastage and repairs is recommended, considering that matching tiles may not be available in the future.

Nominal sizes are indicated, but actual sizes can vary. If mixing tiles, compatibility should be confirmed before purchase.

Our Terracotta and TerraKlinker ranges can also vary in colour, in addition to the shade and size variation described above — this is a characteristic of the fired clay, not a fault.

While we offer assistance and advice in selecting goods, ensuring their suitability for your intended purpose and compliance with regulations remains your responsibility.

5. Deposits and payment

Indent Orders require a 50% deposit to secure your order. The balance is due within 7 days of the goods arriving in New Zealand, and in cleared funds before Delivery or Collection.

Ex-stock orders require a 50% deposit to reserve stock. We can hold stock for 3 working days without one. Full payment in cleared funds is required before Delivery or Collection.

We release goods only once payment has cleared. This applies to business accounts as well as retail customers.

6. Estimated supply windows

Ocean freight schedules, customs clearance and transport from the wharf to Auckland are outside our control, so we cannot promise a fixed delivery date on an Indent Order. Instead we give you an Estimated Supply Window — a range of weeks from your Factory Order Date within which we expect your goods to arrive in Auckland.

• Iris, Hacienda, Villa and Terracotta Ranges, sourced from Thailand: 8-10 weeks.

• TerraKlinker, sourced from Spain: 15-17 weeks.

If your order includes products from more than one range, the longer window applies to the whole order unless we agree in writing to split your delivery.

We will confirm your Estimated Supply Window in writing when we place your Factory Order, and let you know if anything changes materially. Please treat it as a planning estimate when booking your tiler, not a confirmed installation date.

7. Prices and currency

Prices are in New Zealand dollars and exclude GST unless stated. Our quote price is held for 30 days.

Our indent tiles are purchased in foreign currency. If the New Zealand dollar moves by more than 5% against the currency of purchase between the date of your quote and the date we pay our supplier, we may adjust your price by the amount of that movement — and we will pass on a favourable movement in the same way.

If we adjust your price upwards, we will tell you in writing and you may cancel your order within 7 days and receive a full refund of your deposit, whatever stage the order has reached.

8. If you change your mind

This clause applies only while we are still holding your goods — it covers deposits paid on Indent Orders, and Ex-Stock orders held for you before Delivery or Collection. Once Delivery or Collection has occurred, clause 9 applies instead.

We know a tile order is a big decision, so you have 48 hours from the time your deposit is received to cancel for any reason and receive a full refund. Just tell us in writing.

If you would rather not wait, you can waive this window and ask us to place your Factory Order straight away — just tell us so in writing. If you do, the cancellation charges below apply from the date we place your order, not from 48 hours after your deposit, because that is the point we actually commit to the factory on your behalf.

After that window (or from the date we place your order, if you have asked us to waive it), because our tiles are made or sourced to order, the following cancellation charges apply:

(a) after 48 hours but before the Factory Order Date — $150 plus GST, refunded from your deposit;

(b) on or after the Factory Order Date but before production of your goods begins — you forfeit half of your

deposit;

(c) once production of your goods has begun — you forfeit your deposit in full;

(d) once your goods have been shipped — you forfeit your deposit and remain liable for the balance of your order, as the sale proceeds to completion. We will still deliver your goods to you; if you do not collect or accept delivery, clause 16 applies.

We will confirm the Factory Order Date to you in writing, and we will tell you if production has begun, so you always know where you stand. These charges reflect our increasing commitment to your order at each stage.

If we can resell your goods, clause 17 sets out how any surplus is refunded, and for how long that undertaking lasts.

9. Goods that have been delivered or collected

Once your goods have been Delivered or Collected, your purchase is complete — whether you picked them up yourself, sent your own transport, or we freighted them to site. We do not offer a refund or exchange because you have changed your mind after that point.

This does not affect your rights under the Consumer Guarantees Act 1993 if your goods are faulty, not fit for purpose, or not as described. Business Customers should also see clause 21.

Please inspect your tiles at the time of Collection, or as soon as practicable after Delivery, and tell us about any damage or shortage. We ask Consumers to do this within 24 hours; Business Customers must do this within 72 hours — this timing supports the exclusions in clause 21.

10. If your programme changes

Building programmes move, and international shipping is genuinely outside our control — we can give you an Estimated Supply Window, not a fixed delivery date. Tell us as early as you can if your programme changes and we will do what we reasonably can to help.

If you need your goods earlier than your Estimated Supply Window, we will use reasonable endeavours to help, but ocean freight schedules and customs clearance cannot be compressed on request and we cannot guarantee it. We will tell you honestly if an earlier arrival looks achievable — but even then, please treat it as an updated estimate, not a new promised date.

If you need your goods later, we will hold them for you once they arrive in Auckland. Storage is free for 30 days from the date of actual arrival, after which storage of $10 per pallet per week applies. The balance of your invoice remains due within 7 days of arrival regardless of when you take delivery.

A change to your programme does not by itself entitle you to cancel your order or to a refund of your deposit. Clause 8 sets out what happens if you do need to cancel.

11. Delivery, delays and things outside our control

We give Estimated Supply Windows in good faith and we work hard to meet them. Our goods travel by sea from Europe and Asia, and shipping schedules, port congestion, customs clearance and weather are outside our control

— this is why we quote a range rather than a date.

From the moment your goods leave the factory until they arrive at your delivery address, they are covered by our own marine cargo insurance — so if anything happens to them in transit, that is our risk to resolve, not yours.

We are not liable for loss or damage caused by delay, but we will keep you informed and we will not treat a delay caused by us as a reason to charge you storage.

If an Indent Order has not arrived in Auckland within 8 weeks of the upper end of your Estimated Supply Window, for reasons outside our control, either of us may cancel the order and we will refund your deposit in full.

12. Freight and on-site movement

Freight charges are applicable to all deliveries, covering the transportation cost to your site. Any on-site product movement, and the associated costs, are your responsibility.

Upon receiving the goods, please inspect them promptly and tell us about any damage within the window set out in clause 9 — after that window, neither the carrier nor our insurers can accept a claim. The responsibility for any damage occurring after Collection or after signing of the delivery docket transfers to you.

13. Collecting your tiles from us

For those opting to collect their tiles, please be mindful of the maximum carrying capacity allowed when loading your vehicles. We have specific weight limits for different vehicle types, ensuring safety and compliance with the Land Transport Act.

Your responsibility extends to properly securing the load on your vehicle, so please bring appropriate strapping if necessary.

14. Installation

For those selecting tiles, ensure they possess the correct technical characteristics suitable for the designated area.

Installation must adhere to best tiling practices, manufacturer’s directions, guidelines, and relevant NZ building standards. We bear no responsibility for product failure resulting from the non-observance of such directives and standards.

Laying your tiles means you have accepted how they look, so please inspect them fully first — see clause 9. This does not affect your rights under the Consumer Guarantees Act 1993 if your tiles are faulty, not fit for purpose, or not as described — see clause 20.

15. Returns

Our tiles are primarily made, or sourced, to order. Due to the custom nature of our work, we generally cannot offer returns.

However, we do occasionally accept returns on some of our best sellers that we aim to have ready to ship at all times. Returns or cancellations of saleable, full unopened boxes will be considered on a case-by-case basis. If we elect to accept a return, a 40% restocking fee will apply.

This is separate from your right to cancel before your goods are ready (clause 8) and does not apply once you have received your goods (clause 9).

16. Goods you do not collect

We will hold your goods for you. Storage is free for 30 days from arrival, after which storage of $10 per pallet per week applies.

If your balance remains unpaid 90 days after the goods arrive in Auckland, we may give you 14 days’ written notice and then sell the goods. We will apply what we recover first to the amount you owe us, including storage and our reasonable costs of sale, and refund you any surplus.

If we recover less than you owe, the shortfall remains payable. Because our tiles are made or sourced to order in specific colours, sizes and finishes, please understand that resale is often not possible and we may recover nothing.

All of our obligations under this clause — to store, sell, or account for any surplus — end six months after your goods arrive in New Zealand. From that date we may dispose of the goods and owe you nothing further in relation to them, without further notice.

We will always contact you before taking this step, and we would much rather work out a delivery date with you than sell your tiles.

17. Resale of Cancelled Goods

Where an order is cancelled, we will use reasonable endeavours to resell the goods. Resale is frequently not possible once production has commenced, as most goods are manufactured to your specification.

If we do resell the goods, we will refund you any amount recovered above the cancellation charge that applied at the date of cancellation, less our reasonable costs (including storage, handling, and resale costs).

This undertaking lapses six months after the date your cancellation refund is issued. We have no obligation to hold goods for resale, or to pay any further refund, after that date.

18. Title

We release goods only against payment in cleared funds. Where for any reason goods are released before we have been paid in full, title in those goods does not pass to you until payment is received.

Until then you hold them as bailee for us and must keep them separately identifiable. These terms create a security interest under the Personal Property Securities Act 1999 and you agree that we may register a financing statement.Middle Earth Tiles — Terms of Trade Page 5

References elsewhere in these terms to ‘your goods’ or ‘your tiles’ mean the goods ordered for your account, regardless of whether title has passed to you under this clause.

19. Overdue accounts (business customers)

Interest accrues on overdue amounts at 1.5% per month from the due date until payment. You are liable for our reasonable costs of recovering an overdue amount, including debt collection agency fees and legal costs on a solicitor and client basis.

20. Your rights as a consumer

If you are buying as a consumer, the Consumer Guarantees Act 1993 gives you rights that these terms do not affect and that we cannot exclude. Nothing here limits those rights. The variation in shade, size, texture and crazing described in these terms is a characteristic of handmade tiles, not a fault, and we describe it before you buy so you can make an informed decision.

21. Business customers — exclusions

If you are acquiring goods for the purposes of a business, the Consumer Guarantees Act 1993 does not apply, and sections 9, 12A and 13 of the Fair Trading Act 1986 do not apply.

You acknowledge that this exclusion is fair and reasonable, that our prices reflect it, and that you have had the opportunity to take independent legal advice on these terms.

Our total liability to a business customer in connection with any order is limited to the invoiced value of the goods supplied. We are not liable for indirect or consequential loss, including loss of profit, contract costs, or the cost of removing or reinstating tiles.

22. These Terms

These Terms of Trade take effect from 25 August 2026. The terms that apply to your order are those current on the date your order is confirmed. Earlier terms are available on request.

Middle Earth Tiles (2019) Limited · 71 Takatu Road, Matakana, Auckland 0986, New Zealand · sales@middleearthtiles.co.nz ·

www.middleearthtiles.com