Conditions of Sale
Thank you for choosing Artistic Tile. Read & sign our Conditions of Sale prior to purchase & be sure you & your installer or other agents are aware of the unique logistical & technical issues associated with any tile or stone purchase, delivery & installation. This document is a contract, so please read it carefully. To ensure a worry- free experience, please contact your Artistic Tile associate if you have any questions.
SCOPE OF WORK:
Artistic Tile, Inc. is not a contractor & does not perform or contract for the installation of any product. As a courtesy to its clients, upon request Artistic Tile, Inc. will provide a list of local tile installers referred to us by our clients. This list shall serve as a recommendation only. The final decision as to which installer to hire has been made by the purchaser. Absent any specific instructions, generally accepted industry guidelines must be adhered to, including, but not limited to, the most current version of Tile Council of North America Handbook for Ceramic, Glass and Stone Tile Installation & the Natural Stone Institute Dimension Stone Design Manual.
All quantities must be verified in advance of purchase by the buyer’s tile installer or general contractor. Artistic Tile, Inc. accepts no responsibility for quantities ordered. As a service to our clients, once the design has been selected, our associate will provide takeoff quantities for estimating purposes only & will attempt to directly contact the installer for the final required quantities of each item.
All tile is subject to variation in shade & size. All tile measurements are nominal. Tile & stone are not guaranteed after delivery against chipping, crazing, cracking or wear. All stone & crackle glaze ceramic tile must be sealed. All crackle glazes must be sealed when used in wet environments to minimize water penetration & tile discoloration. All crackle glaze tiles must be sealed prior to & after grouting. Crackle glazes will continue to crackle over time. For long term maintenance, we recommend resealing crackle glaze tiles every 3-6 months for the first year & every 6 months afterwards 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 glaze colors. Crackle patterning will vary naturally. Do not seal porcelain tile unless otherwise noted.
Handmade & machine made tile are subject to irregularities in size, shape, color, warpage, moisture absorption, surface finish, texture & dynamic coefficient of friction. These characteristics are inherent to the manufacture of these products & are in part what creates their distinctive beauty. Stone is a natural material. There will be color variation from samples & displays, as well as within your shipment. No two pieces of stone are exactly alike. Each has unique natural variations which may include veining, markings, shadings inclusions, chips, pits, fossils or other characteristics. We recommend that each order include a minimum of 20% overage on any tile product. For tiles 18” x 36” & larger, a minimum of 30% overage is recommended. Artistic Tile Inc. recommends ordering additional material with your order, as add on orders at a later date may not match or product might not be available any longer. For slab not in inventory at the time of order, slab measurements provided are approximate and for estimating purposes only. Each slab will be measured to actual size upon receipt. Some slabs may be larger than estimated. Some may be smaller. Please plan accordingly for your project needs. Your sales order will be revised to reflect the actual square footage of the slab received and any monies owed/due will be collected/credited prior to shipment. Add-on orders will reflect the current price of the item at time of order placement.
BLENDING AND DRY LAY OUT:
Natural stone & ceramic tile require blending, as they naturally vary from piece to piece & across different segments of the order. It is the responsibility of the installer to remove materials from packaging & dry layout all materials to obtain the Customer’s approval of the blend before any tile is installed. This procedure is common practice in the installation of tile & stone & helps ensure the beauty of the finished installation. Artistic Tile, Inc. wants Customers to be delighted with their finished rooms, so this factor should be considered by the customer prior to purchase.
50% deposit is required on most orders with exceptions to follow. Orders under $2500 are charged in full at time of purchase. All orders require payment in full prior to shipment. Special order deposits may be higher depending on the scope of the project. A 50% deposit is required on special orders for Open Account customers. Balance due on terms.
Payment in full is required on tile lots and slab at time of selection to ensure that your specific material remains available for you. At time of payment, purchased material will be specifically designated and securely held for your project by Artistic Tile, Inc. Sales tax noted on the sales order is not final and subject to change based on tax code in effect on date of shipment. Tax indicated on your sales order or collected at time of sales order payment reflects the current tax rate and will be re-calculated at time of shipment and reflected at time of invoice. The purchaser is responsible for payment of any increase in sales tax. 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.
-Material that has been personally viewed and selected must be paid for in-full at that time.
-Stocked material must be paid in-full 30-days after initial deposit. The credit card link for the balance will be provided for your convenience. Orders with outstanding balances beyond 30-days will be subject to retention and forfeiture of deposit and merchandise to Artistic Tile, Inc.
-Material not in stock at time of deposit must be paid in-full 30-days from product receipt at our warehouse.
-Orders for which payment is not received in accordance with payment terms will be deemed abandoned after 3-months and shall become the sole and exclusive property of Artistic Tile, Inc. There will be no reimbursement of monies or return of merchandise for any orders that have been deemed abandoned. This remains the sole and absolute discretion of Artistic Tile, Inc.
-Full payment is required at time of sale on Artistic Tile in-house production & custom orders.
-Full payment is due on special order merchandise prior to shipment from vendor. The credit card link for the balance will be provided for your convenience.
-Custom orders may not be cancelled, exchanged, or returned. Orders with outstanding balances beyond 30-days after production is complete will be subject to forfeiture and deemed abandoned, to become the sole and exclusive property of Artistic Tile, Inc. There will be no reimbursement of monies or return of merchandise for any orders that have been deemed abandoned. This remains the sole and absolute discretion of Artistic Tile, Inc.
Artistic Tile, Inc. will store paid in-full orders of stocked merchandise free of charge until delivery is scheduled for up to 3-months after order placement. After 3-months, storage fees of $100 per pallet/per slab per month will be incurred. Custom orders will be stored free of charge until delivery is scheduled for up to 4-weeks after production completion or receipt of material. After 4-weeks, custom orders will incur storage fees of $100 per pallet per month. Storage payment must be remitted at the beginning of each month. All materials & payments will be forfeited by Customer and product deemed abandoned to remain the sole and exclusive property of Artistic Tile, Inc., if delivery is not taken within 6-months unless otherwise agreed upon in writing by Artistic Tile, Inc. Any changes to the duration of time that Artistic Tile, Inc. agrees to hold product on behalf of a Customer, shall be at the sole and exclusive discretion of Artistic Tile, Inc. Artistic Tile, Inc. will communicate via certified letter to advise that material was stored without payment beyond the agreed terms. Customer acknowledges and understands that if it fails to provide a valid and timely response to the certified communication all merchandise will be deemed abandoned to become the sole and exclusive property of Artistic Tile, Inc and there will be no future reimbursement for monies paid. This remains the sole and absolute discretion of Artistic Tile, Inc.
All products are shipped via common carrier, not by Artistic Tile, Inc. owned vehicles. All shipments of Artistic Tile, Inc. branded merchandise are FOB Secaucus, New Jersey. All others are FOB point of origin. Ownership of the goods or materials transfers to the buyer at point of shipment (please note FOB requirements below).
FREIGHT AND DELIVERY:
-Freight and packing charges are added to Sales Orders/Invoices.
-In the event that 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.
FOB INSPECTION REQUIREMENTS:
-Be careful to verify box count before signing the bill of lading & note any box count discrepancies immediately on the bill of lading before signing it.
-You &/or your on-site representatives (general contractor, subcontractors, installer & any person responsible to the property owner regarding the installation of the product) must fully open & inspect all merchandise upon delivery to the jobsite. Note any damage on the bill of lading before signing it.
-In the event that any discrepancy or concealed damage is discovered, you must notify the carrier & Artistic Tile, Inc. in writing within 48-hours of delivery. Artistic Tile will make claim directly with the carrier for damage reported within 48-hours of delivery. Artistic Tile, Inc. will not be responsible for reimbursement on claims denied due to client’s failure to notify us within 48-hours from delivery date, or due to client or client representative’s negligence.
-If replacement material is required, in the event the bill of lading was signed without noting discrepancies and/or the claim was made after 48-hours of delivery, the client is responsible for replacement costs. If/when the claim is made in favor of the client and the carrier issues a refund checks, Artistic Tile, Inc. will refund the client for the amount received from the carrier.
RETURNS/CANCELLATIONS FOR TILE:
-Cancellation of any tile order after 30-days results in forfeiture of payment and material.
-Returns may be accepted in-full up to 30-days after receipt of goods if the goods meet the return parameters below.
-Standard industry overage of 15% of each product may be returned up to 90-days after receipt of goods if the goods meet the return parameters below. It is recommended that excess material remain on the jobsite should a future issue ensue.
RETURN PARAMATERS FOR TILE:
-Materials sold by the full carton must be returned in full cartons in original packaging. Material sold by the sheet or piece must be returned in full. All returns must be properly packed. Tiles received broken, damaged, defaced or installed will not be credited. Material that has been hand selected or culled through may not be returned.
-Installed material may not be returned. Installation whether full or partial constitutes acceptance.
-Slabs, custom, made to order, special order products, setting materials, and accessories may not be returned or cancelled.
-All returns must be authorized in advance by Artistic Tile, Inc. A copy of the Return Authorization must accompany the return for credit to be issued.
-Client is responsible for return freight charges. Artistic Tile brand product returns must be made to our Secaucus distribution center and may not be returned to showroom locations.
-Non-Artistic Tile branded products may not be cancelled, exchanged or returned.
-Material indicated as discontinued or final sale at time of purchase is not eligible for return, cancellation or exchange.
RETURNS/CANCELLATIONS FOR SLABS:
-A cancellation fee of 10% of the order sub-total will be incurred if a slab order is cancelled in excess of 72-hours after collection of deposit.
- Slab orders are non-cancellable after 30-days.
-Slabs are eligible for pre-shipment inspection at our Secaucus, New Jersey slab gallery.
-Slabs are not eligible for return or adjustment after shipment.
Artistic Tile, Inc. extends no warranties beyond the manufacturer’s warranty. Any & all warranties are waived, including, but not limited to, the warranty of merchantability. Artistic Tile, Inc. bears no responsibility beyond the price paid by the customer or materials received by the customer. Terms & Conditions included here supersede any terms provided by customer via purchase order or other type of agreement.
Artistic Tile, Inc. shall not be responsible for delivery delays caused by acts of God, strikes, accidents, border/custom delays, traffic, natural catastrophes, pandemics or other delays which are beyond our control. Artistic Tile, Inc. reserves the right to delay the processing of this order until the order form &/or the credit card charge receipt have been signed.
ARTISTIC TILE DEALERS:
Refer to the most current terms and conditions found on Artistic Tiles on-line price book for additional Terms and Conditions.
By acceptance of the within order and conditions of sale, I do hereby authorize Artistic Tile, Inc., to debit the bank account provided or charge the credit card indicated for the full amount of the sales order/invoice presented and agreed upon by the parties. All payments are for items and services specified herein. In accordance herewith, I do hereby authorize the automatic withdrawal of all funds from my account by Artistic Tile, Inc. on the date of the transaction herein. In the event that an ACH transaction is rejected for Non-Sufficient Funds(NSF) I understand that Artistic Tile, Inc. may at its sole discretion attempt to re-process the charge within 30-days or charge me a cancellation or rejection fee. I do further acknowledge that the origination of ACH transactions to my bank account provided herein must comply with the provisions of U.S. law and I certify that I am an authorized user of this credit card or bank account and that I will not dispute the payment with my Credit Card Company or Bank, so long as the transaction corresponds to the terms indicated pursuant to the order and terms and conditions of sale herein.
This Agreement shall be exclusively construed in accordance with & governed by the internal laws of the State of New Jersey, without regard to any conflicts of law’s provisions. Any suit, action, or proceeding arising out of, or relating to this Agreement must, & exclusively shall, be commenced & maintained 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 consents to such jurisdiction & venue. Service of process in any such suit, action, or proceeding shall be deemed sufficient & binding if served by certified mail at the addresses set forth at the beginning of 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.
What your signature means: By signing this order client agrees that it accurately reflects the buyer’s wishes. All changes or revisions to this order must be in writing, & a new order form reflecting those changes must be signed before changes or cancellations will be processed.
Thank you for choosing Artistic Tile.