Conditions of Sale
Be sure you and your installer or other agents are aware of the unique logistical and technical issues associated with any tile or stone purchase, delivery and installation.
SCOPE OF WORK: Artistic Tile, Inc. is not a contractor and does not perform or contract for the installation of any product. Artistic Tile shall not assume responsibility nor shall it be liable for a contractor’s work or the installation of any of its products.
Absent any specific instructions, generally accepted industry guidelines must be adhered to, including, but not limited to, Tile Council of North America Handbook and Marble Institute of America Dimensional 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. accepts no responsibility for quantities ordered.
PRODUCT INFORMATION and GUIDELINES: All tile is subject to variation in shade and size. All tile measurements are nominal. Tile and stone conditions are not guaranteed after delivery against chipping, crazing, cracking or wear. All stone and crackle glaze ceramic tile must be sealed pursuant to Sealer manufacturer’s instructions. All crackle glazes must be sealed when used in wet environments to minimize water penetration and tile discoloration. All crackle glaze tiles must be sealed prior to and after grouting. Crackle glazes will continue to crackle over time. For long term maintenance Artistic Tile, Inc. strongly recommends resealing crackle glaze tiles every 3-6 months for the first year, and every 6 months afterwards to further protect the glaze surface. Sealing does not make a crackle glaze tile waterproof nor does it 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. Artistic Tile, Inc. strongly recommends you discuss the above preventative treatments and guidelines with your contractor/ installer prior to installation.
CERAMIC/PORCELAIN/GLASS/STONE: Handmade and machine made tile is subject to irregularities in size, shape, color, warpage, moisture absorption, surface finish, texture and coefficient of friction. These characteristics are inherent to the manufacture of these products and are in part what creates their distinctive beauty.
Stone is a natural material. No two pieces of stone are exactly alike. There will be color variation from samples and displays, as well as within your shipment. 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 24” x 48” and larger, a minimum of 30% overage is recommended. All ceramic, stone, porcelain, and glass products will vary from samples, and from piece to piece.
BLENDING AND DRY LAY OUT: Natural stone and ceramic tile require blending, as they naturally vary from piece to piece and across different segments of your order. It is the responsibility of the installer to remove materials from packaging and dry lay out 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 and stone and helps ensure the beauty of the finished installation. Artistic Tile, Inc. wants our customers to be delighted with their finished rooms. Performance of a blended dry layout of your product is a critical step in ensuring optimal results.
Artistic Tile, Inc. strongly recommends that you discuss these blending and dry layout guidelines with your contractor and installer prior to installation.
- Custom orders for any of our products and materials may not be cancelled, exchanged, or returned for any reason.
SHIPPING: All products are shipped via common carrier, not by Artistic Tile, Inc. Carrier assignments are at the discretion of Artistic Tile. All Shipments are FOB Destination (please note FOB requirements below). Artistic Tile disclaims all liability for damage incurred during shipment and all customer recourse shall be directly with the common carrier.
CUSTOMER FOB INSPECTION REQUIREMENTS:
- It is the customer’s sole responsibility to verify box count before signing the bill of lading and note any box count discrepancies immediately on the bill of lading before signing and acceptance of the goods.
- Customer and its designated on-site representatives (general contractor, subcontractors, installer, decorator and/or any person responsible to the property owner regarding the installation of the product) must fully open and inspect all merchandise upon delivery to the jobsite.
- Stocked Artistic Tile, Inc. brand items may be returned for credit within 90-days of receipt. Client is responsible for freight costs back to the point of origin.
- Materials sold by full carton must be returned in the original packaging.
- All returns must be properly packed. Tiles submitted for return that are received by Artistic Tile, Inc. in broken, damaged or installed condition, will not be credited. Any credits issued for returned items shall be at the sole and absolute discretion of Artistic Tile, Inc.
- There shall be no refunds or returns for custom, made to order, special order products, pillows and other accessories as same may not be returned or cancelled for any reason whatsoever.
- All returns must be authorized in writing, in advance by Artistic Tile, Inc. A copy of the Return Goods Authorization (RMA) must accompany the return for credit to be issued.
- Installed material may not be returned under any circumstance; installation whether full or partial constitutes full acceptance of all goods.
- Material that have been hand selected or culled through may not be returned.
CLEARANCE: Clearance pricing is for in-stock items only.
WARRANTIES: Artistic Tile, Inc. extends no warranties beyond the standard manufacturer's warranty. Artistic Tile, Inc. waives all warranties, including, but not limited to, the warranty of merchantability and the warranty of fitness for a particular purpose. Artistic Tile, Inc.’s maximum liability pursuant to these Terms and Conditions shall be limited to and shall not exceed the contract price for the goods and materials paid for and received by the customer. Terms and Conditions included herein shall supersede any terms provided by customer via purchase order or other type of agreement.
DELAYS: Artistic Tile, Inc. shall not be responsible for delivery delays caused by acts of God, acts of war, strikes, accidents, border/custom delays, traffic, force majeure, natural catastrophes or other delays which are beyond the exclusive control of Artistic Tile, Inc.
This Agreement shall be exclusively construed in accordance with and 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, and exclusively shall, be commenced and maintained in the Superior Court of the State of New Jersey,
County of Hudson, or in the Federal District Court for the District of New Jersey, located in Newark, New Jersey, and each Party consents to such jurisdiction and venue. Service of process
in any such suit, action, or proceeding shall be deemed sufficient and 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.
By placing your order, you agree to be bound by the terms and conditions set forth above.
Thank you for choosing Artistic Tile.