Aquabella USA, LLC., D.B.A. Aquabella (The Company).
TERMS OF PAYMENT
Customers with established credit accounts are Net 30 days for warehouse purchases, and Net 45 days from date of shipment for direct container purchases. All other customers are C.O.D. Any exceptions must be executed in writing by an authorized representative of The Company.
PAST DUE ACCOUNTS
All past due invoices are subject to a 1% service charge per month. In the event of a default in payment, purchaser agrees to pay in addition to the outstanding balance, the full cost of collection, including collection agency fees, statutory costs, disbursements, and legal fees equal to 25% of the unpaid balances.
A service fee of $25.00 will be assessed on all returned checks.
All direct container orders must be place in writing. The Company will provide an Order Acknowledgement for all direct container orders, which when received by the Customer shall be deemed the official order from the Customer. The Customer agrees to sign and return all Order Acknowledgements.
Variation in shade is inherent in all fired clay products; therefore, any claims for color variation or possible defects in materials must be made PRIOR TO INSTALLATION. No claims of this nature will be considered after tiles are installed. PRIOR TO INSTALLATION, materials must be inspected and prepared for any blending required to meet buyer approval. Purchasers acknowledge that they will inspect and accept shipments with the full knowledge and understanding that any claims concerning the acceptability of the product must be presented PRIOR TO ITS INSTALLATION. Customer waives any right of offset against payment for any quality issue or claim, and agrees to pay all invoices when due. All Claims must be brought to the attention of the Company.
The Company will not accept any returns unless authorization is given in writing and then only full clean unopened cartons in good condition with undamaged goods will be accepted. If accepted, returns are subject to a re-stocking and inspection fee of 25%.
No cancellation of full container or special orders from the factory will be accepted under any circumstances after production of the material, or shipment from the factory.
IMPORTANT PRODUCT INFORMATION
Purchaser understands that all tile is subject to variations in technical specifications, including coefficient of friction due to inherent variables in the raw materials and production process. Purchaser further understands that test results on a particular product may vary slightly from tile to tile, and from test to test. Test results disclosed are not guarantees of minimum or maximum thresholds of performance. Unless specifically stated otherwise, tile that The Company recommends for floor applications refers to interior applications only. Check local building codes prior to specification or installation to verify that the technical characteristics, of The Company tiles, comply with all required parameters.
The Company guarantees that its products will meet or exceed the performance specifications outlined in ANSI A137.1-1988 and in our performance data section. Because specific installation details, structural design and environmental conditions are beyond the control of the Company, we cannot accept responsibility for the performance of our products after they are installed. However, in the event of proven latent defects caused by improper manufacture, the Company will replace any defective units FOB the supplying Factory’s location, provided the Company is notified within one year of installation or within 18 months of shipment of products, whichever comes first if the products are still available. The Company reserves the right to substitute other products in lieu of the original products if it deems it necessary for supply or other reasons.
LIMITATION OF LIABILITY
The Company shall not be responsible in any way for delayed shipments, partial shipments, non-shipment, any claim for specific performance, prospective profits, special, indirect, incidental and/or consequential damages including injury or damage caused to persons or property by reason of installation, maintenance or failure of persons to heed caution or safety warnings. Customer assumes full responsibility for the selection of the Goods to achieve customer’s results, and The Company gives no warranties with regard thereto whatsoever. The Company explicitly disclaims any liability resulting from product selections that rely solely upon the color samples provided in product catalogs or sample chip boards. Contact the Company for actual product samples prior to selection. Use constitutes acceptance.
EXCEPT FOR THE ABOVE WARRANTIES, THE COMPANY MAKES NO OTHER WARRANTIES, EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR PURPOSE, OR OTHERWISE, AND SPECIFICALLY DISCLAIMS ALL SUCH WARRANTIES NOT EXPRESSLY GIVEN. THE COMPANY’S LIABILITY FOR BREACH OF ANY WARRANTY OR CONTRACT WITH RESPECT TO SUCH GOODS IS LIMITED SOLEY TO THE PURCHASE PRICE OF SUCH GOODS OR THEIR REPLACEMENT, AT THE COMPANY’S OPTION. UNDER NO CIRCUMSTANCES WILL THE COMPANY’S RESPONSIBILITY EXCEED THE COST OF THE TILE TO OUR CUSTOMERS.