Sorry, but you can’t register crooked tiles as a defect with the tiling trade.
As written, the tiler is obliged to examine the substrate beforehand. If he finds that the wall has been plastered crookedly and unevenly, he must inform the builder that he cannot tile defect-free on this substrate.
The builder then has the option to have the plaster reworked accordingly or to exempt the tiler from liability regarding this wall.
If the tiler omits this notification and just tiles anyway, he must also be liable for the uneven surface afterwards, even though the defect is not originally due to his work. I assume that the builder must at least bear the costs for straightening the substrate during the subsequent rework (dead costs), but removal and retiling are then at the tiler's expense.
Imagine the same scenario with a bricklayer who, despite lacking a foundation, bluntly places his bricks on the ground. Nobody would say, "Beautiful wall, clean work. That the foundation was forgotten by the groundworker is not your fault," would they?