Terms & Conditions
“Company” means Tile Contractors Supply Company, Traditions in Tile and its trade styles. “Buyer” means the original purchaser whose name appears on the sales invoice under SOLD TO.
MATERIAL RETURN POLICY: No return for Special Order materials, bag goods or liquids, custom hand painting, or sale items. No refunds or exchanges will be made without proof of purchase, material in its original carton, current color and shade and only the Branch Manager may authorize the return of any tile or stone to a Company warehouse. No sales representative may accept the return of any materials without such authorization. A restocking charge will apply to any authorized tile or stone returned to a Company warehouse. Unless Tile Contractors Supply Company, Traditions in Tile receives written dispute as to certain products within five (5) days of delivery any and all complaints will be waived as to the receipt or sufficiency of product received.
QUALITY and CLAIMS: It is the buyer’s responsibility to inspect the material before starting to install the materials, and if for any reason the material is regarded unsatisfactory, the Company must be notified before installation is begun. The Company SHALL NOT BE LIABLE FOR and WILL NOT RECOGNIZE ANY CLAIMS MADE AFTER THE START OF INSTALLATION FOR TILES OR STONE SAID TO BE INCORRECTLY SIZED OR OTHERWISE UNSATISFACTORY. Consequently, the Company will not make any allowances for labor claims for replacing the tile or stone or other costs incurred by the Buyer.
LIMITATIONS AS TO WARRANTIES: as the Company is a material supplier and not a manufacturer or a ceramic contractor, the Company makes no independent warranties expressed or implied, as to the quality, merchantability, or fitness for any particular purpose of the goods delivered pursuant to any contract. The Company shall have no liability for losses arising from the care, storage, installation methods, procedures or material employed by the Buyer, and the Buyer agrees not to delay or set off any payment due the Company by reason of any such claim. In any event the Company’s liability for any alleged breach of contract shall be limited to the actual amounts paid by the Buyer to the Company, and shall not include any incidental, consequential, special or indirect damages.
CERAMIC TILE and STONE SPECIAL CHARACTERISTICS: Variations in shade or color is inherent in all fired clay products and it is one of the natural artistic qualities which helps in creating the beautiful effect which is characteristic of ceramic tile, natural stone and glass. Shade variation in color, absorption, crazing of the glazed surface and coefficient of friction are some of the unique characteristics which are not universally detrimental, but are items to consider for the tile or stones intended uses. Displays of “Crackle” ( crazing ) are inherent in bi-cottura fired tiles and take place on the surface without altering the characteristics of the glaze. Variations of tone and color are an inherent characteristic particularly of metallic colors. No WARRANTIES, expressed, implied nor written, are given since we can not predict individual taste and desires. If values for these characteristics are required, contact the Company in writing prior to placing the order. No claim concerning color or shade will be allowed after installation of tile.
COLOR ILLUSTRATIONS AND SAMPLES: Color charts, color illustrations and reproductions in catalogs and other publications of the Company or its suppliers are not represented to match the color or shade of tile ordered. Color illustrations of tile are offered as approximations only. The Company accepts no responsibility and will not entertain any claim if the tile products fail to match color charts and color illustrations.
All samples are submitted as representative of a type of tile, a color, a shade, or a kind of finish, and the tile furnished in a shipment may vary from such samples. The Company does not agree to match individual samples. No claims will be entertained after the installation.
PRICES APPLYING TO ORDERS AND SELECTIONS: An order, or any part thereof, except for a Large Specific Job, is subject to being billed and paid for at the Company’s published prices in effect at the time of shipment, WHETHER LOWER OR HIGHER than the prices in effect at the time the order was accepted.
TERMS OF PAYMENT: All remittance must be made to the order of the Company and not to the individuals. All invoices are to be paid with U.S. Dollars. All sales are made on a cash basis unless credit is extended. Credit may be granted upon receipt from the buyer of an up to date financial statement or other equally satisfactory information. Even though credit may be granted at the time of acceptance of an order, the Company reserves the right to require satisfactory evidence of the buyer’s financial responsibility at any time before shipment of an order, and if such evidence is not furnished, the order may be shipped on a cash on delivery basis. Terms of payment shall be net cash unless otherwise agreed to in writing by Tile Contractors Supply Company, Traditions in Tile.
PAST DUE INVOICES: Invoices not paid on the due date are considered in default and place the account on a cash delivery review, accrue an interest charge of the maximum legal rate, plus reasonable attorney fees of fifteen percent (15%) of the unpaid balance, court costs, and other reasonable expenses related to the collection of these invoices. If the Company deems it necessary to utilize court procedures to collect the amount due under this agreement, the Buyer agrees:
- To submit to the jurisdiction of Forsyth County, GA.
- That service of Summons and Complaint by mail or telegram addressed to the Buyer at its address appearing on the front hereof shall constitute adequate service and notice of the commencement of any such legal action.
- To waive all objection to venue, the issuance of process, and the service of process.
TRANSPORTATION AND ENERGY SURCHARGE: A Transportation and Energy Surcharge may be charged to the Buyer to defray the fluctuations and uncertainty in costs related to transportation, fuel, general expenses of logistics and numbers other costs, assessments, and surcharges imposed upon Tile Contractors Supply Company, Traditions in Tile. Many of these costs fluctuate continuously based on market conditions and other factors outside of the Company’s control and cannot reasonable be reflected in the Company’s competitive price list for products. The Company reserves the right to apply the variable surcharge in its sole discretion. All invoices are subject to the surcharge and subject to change without notice.
QUANTITY SURVEYS: The Company will not make and the salesmen or other representatives of the Company are not authorized to make any quantity estimates or surveys for the material required for any job or project and, therefore, the Company will not be responsible for any such quantity surveys or estimates of tile for any job or project.
SPECIAL ORDERS: Orders placed at the request of our customers for material not stocked in our inventory will require a cash deposit equal to the total order. All such orders are prices F.O.B. point of origin. Additional handling charges and transportation cost will be added to the order when picked up. Once a special order has been accepted and a deposit placed, the order may not be cancelled.
CHECK RETURN POLICY: Personal or Company checks payable to Tile Contractors Supply Company, Traditions in Tile presented during normal banking hours are welcome. A $25.00 charge will be added to all checks returned for any reason. A check presented without sufficient funds on deposit is a criminal act. Any person or persons committing such an act will be prosecuted under the laws governing such acts. Should it become necessary to place a returned check in the hands of an attorney or collection agency, the buyer agrees to pay all collection costs.
TITLE OF MATERIALS: The Buyer agrees that title to the material furnished by the Company to the Buyer will remain with the Company until such time as the contract price of the material is paid in full. Further, the Company reserves a purchase money security interest in all material purchased by the Buyer and the proceeds thereof in an amount equal to the Buyer’s indebtedness to the Company at any time outstanding. The Buyer shall execute such instruments as the Company may require protecting the Company’s security interest in the material.
ACIDS: Food and other acids may cause etching if allowed to remain on a surface. Prompt clean up of spills is necessary to keep the glazed surface bright and shiny.
MINIMUM ORDER: With some materials we sell, our prices are based on full cartons and / or bags.
SCRATCHING: With all glazed and polished surfaces, some wearing or scratching may occur over a period of time.
FREIGHT CHARGES / METHOD OF SHIPMENT: The Company shall ship by express, parcel post, LTL, or truck, in the manner most satisfactory, based on convenience, experience and cost. The total cost plus a handling charge is to be borne by the buyer.
STATE SALES AND USE TAXES: The Company shall collect all applicable state and local sales and use taxes unless the buyer can provide the Company with an acceptable sales and use tax exemption certificate at the time the material is ordered.
ASSIGNMENT: All material sales by the Company shall be made directly to the Buyer and, except as otherwise expressly provided herein, the Company’s obligation shall run only to the Buyer and not to any third parties.