PLEASE READ THIS DOCUMENT CAREFULLY. IT CONTAINS IMPORTANT INFORMATION ABOUT YOUR RIGHTS AND OBLIGATIONS, AS WELL AS LIMITATIONS AND EXCLUSIONS THAT APPLY TO YOU.
This Agreement contains the terms and conditions that apply to customers for purchases from Ideal Tile. (hereinafter referred to as “Ideal Tile”) and the Ideal Tile entity named on the invoice that will be provided to you (ìCustomerî) on orders for products sold. Customer agrees to be bound by and accepts this Agreement as applicable to Customer’s purchase of product(s) from Ideal Tile, and/or the Ideal Tile Internet Website hereinafter named the “Site.” As a condition of sale, Customer agrees to be bound by and accepts these terms and conditions. These terms and conditions apply (i) unless Customer has signed a separate formal purchase Agreement with Ideal Tile, in which case the separate Agreement shall govern; or (ii) unless other Ideal Tile standard terms apply to the transaction as noted herein or elsewhere. These terms and conditions are subject to change without prior written notice at any time, in Ideal Tileís sole discretion.
YOUR ACCEPTANCE OF THESE TERMS AND CONDITIONS OF SALE IS INCLUDED IN YOUR ACCEPTANCE OF THE TERMS AND USE OF THIS WEBSITE.
1. ORDER ACCEPTANCE POLICY
Customer’s receipt of an electronic or other form of order confirmation does not signify Ideal Tile’s acceptance of Customer’ order, nor does it constitute confirmation of Ideal Tile’s offer to sell. All orders are accepted in New York, United States. Ideal Tile reserves the right at any time after receipt of Customer’s order to accept or decline Customer’s order for reasonable cause including but not limited to lack of availability of products, failure by Customer to satisfy payment terms, and/or breach by Customer of this Agreement. If payment has been remitted for the purchase and Ideal Tile cancels Customer’s order, Ideal Tile shall forthwith issue a refund equal to the amount remitted for the unaccepted or cancelled order.
2. PAYMENT TERMS
Terms of payment are within Ideal Tile’s sole discretion and unless otherwise agreed to by Ideal Tile, payment must be received or otherwise authorized or secured in a form approved by Ideal Tile prior to Ideal Tile’s acceptance of an order. Payment for the products will be made by approved credit card, or some other prearranged payment method agreed to by Ideal Tile. Invoices are due and payable by the payment date(s) specified through electronic (including but not limited to e-mail), facsimile (fax) and/or verbal confirmation between Ideal Tile and the customer. Ideal Tile may invoice parts of an order separately. Orders are not binding upon Ideal Tile until accepted by Ideal Tile (see Order Acceptance Policy). Any quotations given by Ideal Tile will be valid for the period stated on the quotation. Ideal Tile reserves the right to adjust or cancel quotations as required.
Customer is responsible for all costs related to shipping product to the location specified by Customer. It is Customer’s responsibility to provide contact information that allows the shipper to contact Customer when shipment is made. Shipping rates are for standard pick-up and delivery only. Additional storage and/or shipping charges and other warehouse charges may apply if Customer can not be contacted, or is not available, to receive product; or if product is redirected upon Customer’s request. If a shipping rate is quoted at an incorrect rate due to typographical error or error in pricing information received from Ideal Tile’s suppliers, Ideal Tile shall have the right to refuse, adjust, or cancel any orders placed whether or not the order has been confirmed or whether or not payment has been remitted. Customer is responsible for inspecting freight for shortages or signs of damage upon receipt of goods. All freight, loss, and damage claims must be filed with Ideal Tile within thirty (30) days from the date the shipment was delivered. (see 8. “Limitations on Damages” or email: customerservice@Ideal.com). Ideal Tile shall not be liable for special or consequential damages or for any damages arising out of or caused by: (1) Delay, (2) Acts of God or the public enemy, (3) The Authority of the law, (4) Strikes, riots or quarantine, (5) The inherent nature or vice of the goods transported. In the unlikely case that goods are damaged, Ideal Tile will arrange to either re-ship product (at the companyís expense) or provide to the customer a compensation credit for the value of the goods damaged.
Customer is responsible for all sales, use, excise, value-added and other charges associated with the order, however designated, including any duties, clearance charges or other destination charges. If applicable, a separate charge for such items will be shown on Ideal Tileís invoice.
5. TITLE; RISK OF LOSS
Title to product passes from Ideal Tile to Customer upon completion of shipment of product to Customer by Ideal Tile, unless otherwise stated in terms of purchase (e.g. Letter of Credit). Loss or damage to products that occurs during shipping by a carrier selected by Ideal Tile is Ideal Tile’s responsibility.
6. LIMITATION ON DAMAGES
Ideal Tile DOES NOT ACCEPT LIABILITY BEYOND THE REMEDIES SET FORTH HEREIN. Ideal Tile WILL NOT BE LIABLE FOR LOST PROFITS, LOSS OF REVENUE OR OF BUSINESS OR OTHER CONSEQUENTIAL, SPECIAL, INDIRECT, OR PUNITIVE DAMAGES, EVEN IF THEY WERE FORESEEABLE OR IF Ideal Tile WAS ADVISED OF THE POTENTIAL OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY THIRD PARTY EXCEPT AS EXPRESSLY PROVIDED HEREIN. CUSTOMER AGREES THAT FOR ANY LIABILITY RELATED TO THE PURCHASE OF PRODUCTS OR SERVICES, Ideal Tile IS NOT LIABLE OR RESPONSIBLE FOR ANY AMOUNT OF DAMAGES ABOVE THE AGGREGATE DOLLAR AMOUNT PAID BY CUSTOMER FOR THE PURCHASE(S) UNDER THIS AGREEMENT. THIS LIMITATION WILL APPLY REGARDLESS OF THE FORM OF ACTION (I.E. WHETHER THE LAWSUIT IS IN CONTRACT OR IN TORT, INCLUDING NEGLIGENCE).
7. RETURNS AND CANCELLATIONS
There are no returns or cancellations on any items or orders, except in the case of shipping damage or a mistake on the part of Ideal Tile. All other reasons for return will be denied. Please ensure that you carefully measure and select the correct product.
8. PRODUCT VARIATION
Most of our products contain some variation in terms of color, shading, veining or size. In some cases, the actual appearence of the tile may vary greatly compared to the image on our website. Ideal Tile is not responsible for these changes in appearence, and it is recommended that the customer purchase a sample for accurate representation.
All references to monetary amounts, including prices, on the Ideal Tile Website (the ìSiteî) and in this Agreement shall be in U.S. currency.