Tile & Stone by Villagio – Terms and Conditions of Purchase
PRICES
Prices are F.O.B. Tile & Stone by Villagio (Seller) warehouses in Arizona. Sales are on a “cash basis” unless an account has been opened and is in good standing. Prices are stated in commonly accepted units, i.e. square foot, linear foot, pieces, sets, etc. Since many products are manufactured in metric sizes and our sizes are stated in inches, stated sizes are approximates and all quantities are rounded. We will attempt to fill orders to the closest quantity possible.
CLAIMS
It is the Buyer’s responsibility to inspect all products prior to installation. Although Seller may have assisted you or your customer with the selection of products purchased, it is the Buyers responsibility to ensure that the color, shade, size, texture, pattern and quantities are approved by the end user prior to installation.
If for any reason the product is deemed defective the Buyer shall notify the Seller prior to installation. Seller shall not be liable for and will not recognize claims made after the start of installation for products which are claimed to be incorrectly sized, shaded, packed, mounted or otherwise unacceptable. No allowances will be made for any changes or allowances, including labor, once the material has been installed. Seller assumes no liability for improper preparation or installation or any damages resulting therefrom.
Upon receipt of notice of a claim that the product is defective and confirmation of the same by Seller upon inspection, seller’s liability shall be limited to acceptance of the return of such product prior to installation and reasonable transportation charges. Seller is not responsible for any labor or related expenses.
SHIPPING
We will prepare and package all shipments in a suitable manner. Since our terms are F.O.B. our warehouse, legal possession of the material begins as soon as we load your truck or common carrier or make a delivery to your specified location. Any claims for delays in delivery, damages, breakage or loss in transit for goods shipped by common carrier or your carrier are beyond the control of the Seller and should be taken up with the carrier.
ESTIMATES
Although we may have assisted you in estimating the amount of product required for your specific installation, your order quantities should come from the installer or installation company. Any claims regarding over or under estimating of materials required to complete an installation will not be accepted.
CHARACTERISTICS
Variations in shade and texture are intentional characteristics of all fired clay products, natural stone products, glass, metal, composites and all other types of products represented by Seller. Any claims of unacceptable variation must be made promptly and prior to installation. Color charts, illustrations, samples, display boards and reproductions in catalogs or other publications of Seller or any other supplier and sample product in the possession of Seller are not deemed to be exact representations of the shade or color of the product and are offered as approximations only. The Buyer acknowledges that such variations occur and that the product furnished may vary from any such sample or illustration. Seller accepts no responsibility for failure of the product to match such illustrations or charts and Seller does not agree to match individual samples. The buyer or buyer’s representative is welcome to our warehouse to view as many pieces of stocked material as necessary as to comprehend the specific characteristics of their actual shipment before it is shipped. Questions regarding final appearance should be resolved prior to purchase. No claims will be accepted after installation. Seller advises Buyer that all ceramic and natural stone tile in subject to wear and abrasion. Proper selection, use, and maintenance are the responsibility of the Buyer. Hairline cracks are normal characteristics of some glazed tiles (crazing) and natural stones (fissures) and are not considered a defect. In addition, dropped objects may chip any tile products.
RETURNS
If your order was ordered ( not immediately available) your product is non-stock/special order and cannot be returned. Claims regarding color, shade, texture, size, tile placement on a mosaic sheet or other issues regarding general appearance are not accepted on non-stock product. Seller may provide photos, actual samples or other order verifications upon request of buyer or buyers agent.
If your order had immediate availability, it is considered stocked material. Returns of stocked material will be considered subject to the following conditions as determined by Seller:
A written RMS (Return Materials Authorization) must be requested in writing within 30 days of purchase. Material sold “as-is”, “closeout”, “discontinued”, or “special buy” cannot be returned, nor will any claims on this material will accepted. Returns are to match current lot of stocked material. Material must be in unopened crates, boxes, cartons or pallets. Materials are accepted only if freight is prepaid. All materials accepted for return will be charged a 25% handling fee.
In the event any provision of these Terms and Conditions is determined to be unenforceable, such provision shall be deemed omitted or modified to the extent necessary to render it enforceable, and the remaining Terms and Conditions shall remain in full force and effect. Any additional or different terms contained on any purchase order or acknowledgment by Buyer are objected to by Seller and shall not be binding upon Seller unless accepted by Seller in writing. Receipt by Buyer of the merchandise described herein shall constitute an acceptance by Buyer of the terms hereof and an agreement that delivery of said merchandise is subject to no other terms that those stated herein. No salesman or agent has the authority to make any changes in the Seller’s terms and conditions of sale. Seller is not liable for delays or failure in delivery caused by labor disputes and other causes by Seller’s control or for incidental or consequential damages arising from breach of contract as defined by the UCC.
PAYMENTS
Terms for open accounts are NET 30 days, unless otherwise stated. Accounts past due will be charged a 1.5% service charge (18% per annum) and all outstanding orders will be placed on CREDIT HOLD. In the event that payment is received by Seller whether for payment on account or a cash sale and the check is returned as NSF, all outstanding orders will be placed on CREDIT HOLD. There will be a $25.00 returned check charge.
If a suit or action is necessary to collect owed amounts, Maricopa County, AZ will be the venue or litigation. We are entitled to all reasonable attorneys’ fees and court costs. The Seller may at any time hereinafter discontinue the sale or distribution of its products either in whole or in part without notice or liability to anyone. All remittances must be the order of the Seller and not to individuals. All invoices are to be paid with U.S. dollars. All invoices are made on a cash basis unless credit is extended. Credit terms are net 30 days from the date of the invoice.
EXCEPT AS EXPRESSLY SET FORTH HEREIN, THE SELLER DISCLAIMS ALL OTHER WARRANTIES. EXPRESS OR IMPLIED INCLUDING ANY WARRANTIES OF THE MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE SELLER SHALL NOT BE LIABLE FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES IN CONNECTION WITH THE SALES OR USE OF THE COMPANY’S PRODUCTS.
