Conditions of Sale for your Artistic Tile Purchase

Conditions of Sale

Thank you for choosing Artistic Tile. Before making your purchase, please carefully read and sign these Conditions of Sale. Ensure that you, your installer, and any other involved parties are aware of the unique logistical and technical considerations related to the purchase, delivery and installation of tile, stone, slabs, vanities, furniture, or accessories. This document constitutes a binding contract. If you have any questions, your Artistic Tile associate is available to assist you and ensure a smooth experience.

Scope of Work:

Artistic Tile, Inc. is not a contractor and does not perform or contract for the installation of any product. As a courtesy, we may provide, upon request, a list of local tile installers who have been referred to us by our clients. This list is offered as a recommendation only. The final selection and hiring of any installer is solely the purchaser’s responsibility. Absent any specific instructions, installers are expected to follow industry-standard guidelines, including, but not limited to, the most current version of the Tile Council of North America Handbook for Ceramic, Glass and Stone Tile Installation and the Natural Stone Institute Dimension Stone Design Manual.

Quantities:

All quantities must be verified in advance of purchase by the buyer’s tile installer or general contractor. Artistic Tile, Inc. does not accept responsibility for errors in quantities ordered. As a service, once the design has been selected, our associates may provide initial takeoff quantities for estimating purposes only and, if requested, will attempt to contact the installer for final confirmation of required quantities.

General Product Information:

All tiles are subject to variation in shade, size, and appearance. All tile sizes are nominal, referring to an approximate measurement

used for standardization, and may vary by product. Tile and natural stone are not guaranteed after delivery against chipping, crazing, cracking or wear. Handmade and machine-made tiles may include irregularities in size, shape, color, warpage, moisture absorption, surface finish, texture and dynamic coefficient of friction. These characteristics are inherent and contribute to the unique aesthetic of the product. Color variation is expected between samples and displays, and within the final product received. Stone is a natural material. No two pieces of natural stone are exactly alike. Each has unique natural variations which may include veining, markings, shadings, inclusions, chips, pits, fossils or other unique markings. It is recommended that each order includes a minimum of 20% overage for any tile product. For tiles 18” x 36” and larger, a minimum of 30% overage is recommended.

Artistic Tile Inc. recommends ordering additional material with your order, as add on orders later may result in delays to the project, color mismatch, product unavailability, and additional freight and handling charges incurred.

Sealing:

All natural stone and crackle glazed ceramic tiles must be sealed. All crackle glazes used in wet environments must be sealed with a silicon-based impregnating sealer to minimize water penetration and tile discoloration. All crackle glazed tiles must be sealed before and after grouting. Crackle glazes will continue to crackle over time. For long term maintenance, reseal crackle glaze tiles every 3-6 months during the first year and every 6 months thereafter to further protect the glaze surface. Sealing does not make a crackle glaze tile waterproof nor prevent moisture migration into the clay body from the back or sides. Darkening of the clay body is possible, which can lead to darkening of the crackle, especially in light glazed colors. Crackle patterning will vary naturally. Solid glazes are subject to crackle upon installation and overtime. As the tiles crackle, sealer must be applied.

Do not seal porcelain tile, unless specifically noted.

Slab Measurements:

For slabs not in inventory at the time of order, provided dimensions are approximate and for estimating purposes only. Each slab is measured upon receipt to determine actual dimensions. Slab sizes may be larger or smaller than estimated. Please plan accordingly for your project needs. The sales order will be updated to reflect the actual square footage of the slab received, and any monies owed/due will be collected/credited prior to shipment.

Blending and Dry Layout:

Natural stone and ceramic tile inherently vary in color, pattern, and texture. As such, blending is required to ensure an aesthetically pleasing final installation. It is the installer’s responsibility to remove materials from packaging and dry lay out all materials to obtain the Customer’s approval prior to installation. This industry-standard procedure helps ensure Customer satisfaction with the overall appearance of the finished project.

Payment Terms for Stocked Material:

Full payment is required for all orders in stock at the time of order, unless B2B credit terms have been pre-established and are in good standing.
All orders less than $2500 must be paid in full at time of purchase, regardless of stock status, unless B2B terms apply.
Transfers between Artistic Tile locations require full payment prior to transfer.
A 50% deposit is required for inventoried items not currently in stock. The balance is due when materials are released from the factory. Items not paid in full upon release may be available for sale to other customers.
B2B customer orders with established credit terms in good standing must be paid in full or accept delivery within 30 days of order completion. All custom or special orders require a minimum of 50% deposit, regardless of credit terms.
Sales tax listed at the time of order is subject to change based on applicable tax code at the time of shipment, due to evolving state nexus laws. Tax indicated on the sales order or collected at time of payment reflects the current tax rate and will be re-calculated at the time of shipment and reflected on the final invoice. The purchaser is responsible for payment of any increased tax amounts.
Orders not paid in accordance with these terms will be deemed abandoned after ninety (90) days, and all associated materials shall become the sole and exclusive property of Artistic Tile, Inc. No refunds or merchandise returns will be issued on abandoned orders. This remains the sole and absolute discretion of Artistic Tile, Inc.
Terms of payment are subject to the cancellation and return policy enumerated below. Customer further acknowledges and understands that until such time as payment is remitted in full to Artistic Tile, Inc., Artistic Tile, Inc. retains legal ownership of all merchandise and no legal title to merchandise shall pass to Customer until payment has been made in full pursuant to these Conditions of Sale.
Orders for additional material will reflect the current price at the time of re-order.
Purchase orders provided in good faith to secure material are binding. Submitted purchase orders may not be cancelled.

Payment Terms for Custom/Special Order Material:

Full payment is required at the time of sale on in-house production and all custom/special orders.
B2B customers with established credit may place custom orders with a minimum of a 50% deposit with balance due on terms.
Custom and Special orders are non-cancelable, non-returnable and non-exchangeable.
Sales tax listed at the time of order is subject to change based on applicable tax code at the time of shipment, due to evolving state nexus laws. Tax indicated on the sales order or collected at time of payment reflects the current tax rate and will be re-calculated at the time of shipment and reflected on the final invoice. The purchaser is responsible for payment of any increased tax amounts.
Custom/special orders with outstanding balances (including storage fees) that remain unpaid ninety (90) days after production completion will be deemed abandoned and become the sole property of Artistic Tile, Inc. No reimbursement of monies or return of merchandise will be made. Artistic Tile, Inc. retains sole discretion in determining abandonment.
Terms of payment are subject to the cancellation and return policy enumerated below. Customer further acknowledges and understands that until such time as payment is remitted in full to Artistic Tile, Inc., Artistic Tile, Inc. shall remain the legal owner of all merchandise and no legal title to merchandise shall pass to Customer until payment has been made in full pursuant to these Conditions of Sale.
Orders for additional material will reflect the current price at the time of re-order.
Purchase orders provided in good faith to secure material are binding. Submitted purchase orders may not be cancelled.

Tariffs:

Pricing is based on tariffs in effect at the time of order. Prices are subject to change due to tariff implementation or changes prior to the customs clearance of imported products.

Storage Fees:

Artistic Tile, Inc. will store fully paid merchandise at no charge for up to ninety (90) days from the date the complete order becomes available for delivery. After the initial 90-day period, storage fees of $100 per pallet or per slab, per month will apply. For B2B customers with established credit terms, payment must be made in full in accordance with those terms. B2B orders not shipped within 90 days of material availability will also be subject to storage fees. Storage fees must be paid at the beginning of each month, or may be prepaid for the anticipated storage duration. Should the duration extend beyond the agreed upon period, payment will be collected. Failure to remit timely storage payments may result in the order being deemed forfeited. In such cases, all materials and payments will be forfeited, and product considered abandoned property, becoming the sole and exclusive property of Artistic Tile, Inc. If delivery is not taken within one hundred eighty (180) days of complete material availability, and no alternate written arrangement has been approved by Artistic Tile, Inc, the merchandise will be deemed abandoned and all related payments forfeited. Any extension of storage time or modification to these terms shall be granted solely at the discretion of Artistic Tile, Inc. Artistic Tile, Inc. will issue a certified written notice advising the Customer if material is stored without payment or beyond the agreed storage terms. If the Customer fails to provide a valid and timely response to such notice, the merchandise will be deemed abandoned and will become the sole and exclusive property of Artistic Tile, Inc. with no reimbursement or credit due.

Freight and Delivery:

Freight and handling charges are added to sales orders/invoices and are non-refundable.
Orders that are not shipped within 90 days of placement are subject to potential freight increases and will be charged accordingly prior to shipment.
If you or your representative are not present to accept a scheduled delivery, a re-delivery charge will be applied prior to arranging the replacement delivery.
In the event the provided delivery address changes after the order has been released for delivery, a reconsignment charge will be applied, as well as a possible delivery fee upcharge.
All shipments delivered by Artistic Tile, Inc. company owned vehicles or common carriers arranged by Artistic Tile, Inc. are FOB destination as indicated by the Ship To address on the ales order, unless otherwise noted on the sales order.
Deliveries designated as inside delivery are to an unrestricted, accessible first area of the home (typically a garage in a private residence or a common area for receiving deliveries if the home is in an apartment building), storage unit, garage or outbuilding without stairs, step-ups or other impediments to delivering the order intact by pallet jack.
Customer pickups and customer arranged freight are FOB points of pick up or will-call, unless otherwise noted on the sales order.
Large volume factory direct shipments are FOB point noted on the sales order.
Orders will not be scheduled for delivery until all agreements are signed, and payment is receive.

FOB Inspection Requirements:

Upon delivery, carefully verify all pallet, crate and box counts and inspect for visible damage before signing the delivery receipt or bill of lading (BOL). Note any box/crate count discrepancies or visual damage on the BOL prior to signing it. A signed, unmarked BOL indicates acceptance of the delivery in its condition. Protect yourself by ensuring all issues are clearly documented.
You and/or your on-site representatives (including general contractors, subcontractors, installers, or others acting on behalf of the property owner) must fully open and inspect all merchandise upon delivery to the jobsite. Any concealed damage or shipment discrepancy must be reported to Artistic Tile, Inc. in writing within 48 hours of delivery, accompanied by photos of the damage. Artistic Tile, Inc. will submit a claim directly to the carrier for damages reported within this timeframe.
Artistic Tile, Inc. is not responsible for claims denied due to failure to notify us within 48 hours of delivery, or negligence due to client or their representatives. If no discrepancies are noted on the BOL or if a claim is made after 48 hours, the client assumes responsibility for all replacement costs.
When receiving a flatbed slab delivery, it’s crucial for your agent or representative to inspect the slab material as it arrives, prior to unloading, and while the material is being offloaded to the A-frame at ground or dock level. Any damage must be clearly noted on the delivery receipt or BOL. As with all shipments, a signed, unmarked BOL signifies acceptance of the materials' condition upon delivery.
If the BOL was signed without noting discrepancies and/or the claim was made after 48 hours of delivery, the client is responsible for the cost of any necessary replacements. If/when a claim is approved and the carrier issues a refund, Artistic Tile, Inc. will reimburse the client for the amount received from the carrier.
Customers (or their representative) picking up shipments at a freight carrier’s terminal must inspect all packages before leaving the terminal. Any visible damage must be noted on the BOL prior to departing from the carrier’s terminal. Failure to do so forfeits the right to file a freight claim against the shipment in question. Please inspect all packages prior to departing the terminal

Sales Tax Notes for Shipments to Alabama:

The seller has collected the simplified sellers use tax on taxable transactions delivered into Alabama and the tax will be remitted on the customer’s behalf to the Alabama Department of Revenue. The seller’s program account number is SSU-R011525491.

Returns/Cancellations for Tile:

Cancellation of any tile order after fifteen (15) days from order placement will result in forfeiture of payment and material. Slabs, custom/special order products, setting materials, furniture and accessories are non-cancellable once ordered.
Standard tile returns may be accepted within thirty (30) days of receipt of goods, provided all return parameters are met. Returns accepted after 30 days are subject to a 30% restocking fee, at the discretion of Artistic Tile, Inc.
Standard industry allowance of 15% overage per product may be returned within sixty (60) days of receipt if the return parameters are met. It is recommended that excess material remain on the jobsite should a future issue arise.
Artistic Tile, Inc. reserves the right to refuse the return of non-current inventory or discontinued inventory.

Returns Parameters for Tile:

Materials sold by the full carton must be returned in full cartons in their original packaging. Materials sold by the sheet or piece must be returned in full. All returns must be properly packed. Returned materials that are broken, damaged, defaced, installed or hand culled will not be credited.
Installation, whether full or partial, constitutes acceptance of the material.
All returns must be authorized in advance by Artistic Tile, Inc. A valid Return Authorization must accompany the returned material for credit to be issued. Returns will not be accepted after the Return Authorization expiration date.
The client is responsible for all return freight charges. Returns of Artistic Tile branded products must be shipped to our Secaucus, New Jersey Distribution Center. Returns are not accepted at showroom locations.
Non-Artistic Tile branded products are non-cancellable, non-exchangeable, and non-returnable.
Credit memos extended for return exceptions expire six (6) months from issue date.
Materials marked discontinued or final sale at time of purchase are non-cancellable, non-exchangeable, and non-returnable.

Returns/Cancellations for Slab:

A 10% cancellation fee of the order sub-total applies to any slab order cancelled more than seventy-two (72) hours after deposit collection.
Slab orders are non-cancellable after fifteen (15) days of order placement.
Slabs are available for pre-shipment inspection at Artistic Tile slab galleries in Secaucus, New Jersey, Nashville, Tennessee, or Dallas, Texas, as applicable, or via digital methods.
Slabs are not eligible for return or adjustment after shipment.
Any slab(s) that have been refinished though the re-finishing program or cut-to-size are non-cancellable, non-exchangeable, and non-returnable.

Warranties:

Artistic Tile, Inc. extends no warranties beyond those expressly provided by the product manufacturer. All other warranties, whether express or implied, including but not limited to any implied warranty of merchantability, fitness for a particular purpose, or non-infringement, are hereby disclaimed and waived. Artistic Tile, Inc.'s liability shall in no event exceed the amount paid by the customer for the materials or products in question. These Conditions of Sale supersede and govern over any conflicting terms or conditions contained in a customer purchase order, or other agreement, unless expressly agreed to in writing by an authorized representative of Artistic Tile, Inc.

Delays:

Artistic Tile, Inc. shall not be held liable for delays in performance or delivery caused by circumstances beyond its reasonable control, including but not limited to acts of God, natural disasters, strikes, labor disputes, transportation delays, border or custom delays,

pandemics, or other force majeure events. Processing and fulfillment of any order may be delayed until all required documentation and payment authorizations (including signed credit card charge receipts and Conditions of Sale and clearance of check payments) have been received.

Credit Card Charges and ACH:

By accepting this order and Conditions of Sale, the customer hereby authorizes Artistic Tile, Inc., to charge the credit card or debit the bank account provided for the full amount of the corresponding sales order or invoice. All payments apply to specific items and services described in the order. The customer further authorizes automatic withdrawal of funds from the designated account on the date of the transaction herein. If any ACH transaction is rejected due to Non-Sufficient Funds (NSF) or other reasons, Artistic Tile, Inc. may, at its sole discretion, reprocess the charge within fifteen (15) days or assess a cancellation or rejection fee. The customer certifies that they are the authorized user of the credit card of bank account provided, that all transactions comply with applicable U.S. law, and that they will not dispute any charge corresponding to an authorized transaction conducted under these Conditions of Sale.

Supplemental Information:

This Agreement shall be exclusively governed by and construed in accordance with the laws of the State of New Jersey, without regard to conflicts of law provisions. Any legal action, suit, or proceeding arising from or relating to this Agreement shall be brought exclusively in the Superior Court of the State of New Jersey, County of Bergen, or in the Federal District Court for the District of New Jersey, located in Newark, New Jersey. Each Party hereby consents to the exclusive jurisdiction and venue of these courts. Service of process shall be deemed sufficient and binding if served by certified mail to the address of record listed in this Agreement. The prevailing party in any such proceeding, or in any proceeding filed to enforce the terms of this Agreement, shall be entitled to recover from the non-prevailing party its costs, including reasonable attorneys’ fees, incurred in connection with such proceeding.
By signing this order, the customer acknowledges that it accurately reflects their purchase selections and preferences. All changes or revisions to this order must be made in writing, and a new signed order form reflecting those changes must be executed before any modification, cancellation, or substituted are processed.
By providing a mobile number when creating an account, the customer consents to receive transactional, informational, and logistical text messages from Artistic Tile at the mobile number provided. Consent is not a condition of any purchase. Message and data rates may apply. Message frequency varies. Reply STOP to opt-out and HELP for assistance.

We appreciate your business and thank you for choosing Artistic Tile.