TERMS AND CONDITIONS
Seller shall not be liable for delays caused by conditions beyond its control, including, but not limited to, delays in production or shipping and delays caused by strikes or accidents. It is understood and agreed by purchaser that in no event shall seller be liable for direct resultant, incidental, consequential or any other damages. In case of defaults by purchaser, purchaser agrees to pay all costs of collection including, without limitation reasonable attorney’s fees, whether or not suit is brought, and all court costs. The terms and conditions set forth herein constitute the entire agreement which may not be modified orally. Purchaser agrees to pay interest at the highest rate allowable by law on all sums not paid when due. Interest shall be paid monthly on the first day of each month. These terms and conditions shall be governed by, and construed according to the laws of the State of New York, excluding all principles of choice of laws, conflict of laws and comity. Purchaser and Roma Tile agrees that this contract has been entered into and is to be performed in Suffolk County, New York. Purchaser consents to personal jurisdiction and venue in Suffolk County, New York in the event of any litigation arising under this contract or which in any way relates to the materials sold by Roma Tile Supply to purchaser.
Rectangle (Plank) Tiles
During the manufacturing process of these tiles the material is pressed and that may cause a slight bowing effect. This is to be expected in the production and is not a manufacturing defect. It will be neutralized during installation if the proper procedure is followed. If the customer is looking for a “staggered” installation they MUST SET THE TILING USING A 1/3 OR ¼ STAGGER. IF THE INSTALLATION IS AT ½ IT MAY EXAGGERATE ANY SLIGHT BOWING PRODUCED DURING MANUFACTURING. ANY ½ STAGGER WILL BE REJECTED AS A CLAIM.
HIGH POLISHED PORCELAIN
HIGH POLISHED PORCELAIN IS AN EXTREMELY DENSE MATERIAL, HOWEVER SCRATCHING CAN AND MAY OCCUR DURING INSTALLATION AND/OR IMPROPER HANDLING. DAILY USE IN HIGH TRAFFIC AREAS CAN ALSO RESULT IN SCRATCHING ESPECIALLY WHERE HEAVY FOOT TRAFFIC IS OCCURING. ALL OR MOST HIGH POLISHED PORCELAIN TILES ARE RATING BY A SCALE CALLED DCOF. DCOF RATINGS HIGHER THE A 0.42 OR GREATER ARE NOT NECESSARILY SUITABLE FOR ALL PROJECTS DEPENDING ON FOOT TRAFFIC.
CLOSE-OUT AND DISCONTINUED ITEMS ARE SOLD AS IS. NO REFUNDS, NO RETURNS, NO EXCEPTIONS!
1) Purchaser, agent, and/or installer is responsible for verifying that material received matches material ordered prior to installation. Use constitutes acceptance.
2) First quality tile is not flawless, acceptable imperfections become apparent when scrutinized outside the intended application and/or accepted E.N. manufacturing appearance valuation standards. All claims for defect in quality, quantity, or likeness are waived and will not be allowed if notice in writing is not delivered to the seller within five (5) working days after receipt of the merchandise by purchaser or prior to any installation thereof, whichever occurs first. Seller’s liability in all cases, and purchaser’s sole and exclusive remedy is limited to the return and exchange of like kind merchandise or repair of defective merchandise by seller. At seller’s option, but in no event shall seller’s liability exceed seller’s cost of the item or merchandise claimed to be defective.
3) Seller is not responsible for, shall have no liability for, and does not warrant against: shade variation, crazing, scratching or wear installed glazed tile, slipping mishap, or other injury due to the surface characteristics of the tile.
4) 25% restocking charge on all accepted returns, no returns accepted after 30 days.
5) All merchandise sold F.O.B. warehouse, subject to terms and conditions hereon. 1.5% service charge per month thereafter.
ROMA TILE RETURN POLICY
CUSTOMER IS RESPONSIBLE FOR RETURN SHIPPING COST. PLEASE INSPECT MATERIAL PRIOR TO INSTALLATION. USE CONSTITUTES ACCEPTANCE. NO ADJUSTMENTS WILL BE MADE AFTER TILES ARE INSTALLED. RETURNS ON FULL BOXES ONLY!
1) Absolutely No returns after 30 days
2) Absolutely No returns on special orders materials
3) Absolutely No returns on marble or glass of any style or type
4) Restocking fee of 25% will be applied to all accepted returns
5) Absolutely No Returns on items marked special price
6) Variations in tiles are inherent to all tiles: Installers should select several pieces from each box prior to installation to ensure a proper installation
7) Proper Installation of Rectangle and/or Plank tiles
THIS AGREEMENT IS SUBJECT TO ADDITIONAL TERMS AND CONDITIONS LISTED ABOVE.