Warranty & Terms and Conditions of Sale
Although we may have assisted in preparation of quantities for material on this document, all quantities must be verified by your designer, architect, contractor, installer or equivalent, as we will not be held responsible for discrepancies. On all non-plumbing or bath accessories products, industry standard typically recommends ordering at least ten to fifteen percent (10-15%) overage, sometimes more, depending on the product type, patterning, etc., to account for cuts and other waste. Product availability dates provided are estimates only and do not represent fixed or guaranteed delivery dates. Any additions or changes to the order could delay the delivery date and may result in dye lot variation.
Where Ann Sacks Tile and Stone, Inc. collects tax where required by law Purchaser must provide Ann Sacks Tile and Stone, Inc. with valid, properly completed exemption certificate for any tax from which Purchaser claims an exemption (reseller permit acceptable in WA). Purchasers shipping to certain areas where Seller is not required by law to collect from Purchaser may be subject to additional tax and/or duties. It is the sole responsibility of the Purchaser to determine and remit these taxes or other charges where required.
3. Export Administration
Buyer agrees to comply with all relevant export laws and regulations of the United States and any other applicable local law ("Export Laws") to assure that no portion of the goods nor any services are exported, directly or indirectly, in violation of Export Laws, or used for purposes prohibited by the Export Laws. Seller reserves the right to cancel any quote or order, at any time, even after payment, in its sole discretion, for any perceived, potential or actual failure to comply with such Export Laws.
4. Shipping & Delivery
Immediately upon delivery please review the shipment for accuracy of materials ordered, including quantity, quality, and color, and for any shipping damage. Contact your sales representative immediately if any problems exist. All freight damage claims must be presented in writing to Ann Sacks Tile & Stone, Inc. and any delivery carrier within five (5) days of receipt of material. Any damage that is apparent upon delivery must be noted on the freight carrier delivery receipt. Purchaser is responsible for additional freight costs associated with shipments en route for: 1) re-consignment fees for changing delivery address; 2) re-delivery fees where failed delivery attempts occurred; 3) additional expediting and/or special delivery requirements. Ann Sacks Tile and Stone, Inc. assumes no liability for direct, indirect, special or consequential damages, lost working time, or any expenses that relate directly or indirectly to variations in delivery dates and times or in the event of a delivery being delayed, postponed or incorrect.
Ann Sacks Tile & Stone, Inc. does not accept responsibility or liability for installation, sealing or refinishing of any product. Material should be installed by pulling from all crates or boxes to ensure optimal blending of shade variation. No adjustment can be made once material has been installed.
6. Payment Terms & Pricing
A minimum 50% deposit is due upon placement of order but may require up to 100% payment depending on product type, order value and lead time. All orders placed with a deposit require final payment 30 days from order date. Material placed on a stock hold, shipping within thirty (30) days or orders with a value of $5,000. and below requires payment in full at order placement. See sales associate for specific requirements of your order. All orders must have full 100% payment prior to shipment of product. We accept the credit cards listed above, cash, money order, cashier’s check, traveler’s check and wire transfer. Subject to credit application and approval, NET30 payment terms may be available to established business clients. Pricing quoted are valid and will be honored for thirty (30) days unless otherwise noted and subject to change at any time without notice.
7. Late Payment
By acceptance of this document, Purchaser agrees that if payment is not made according to terms of sale, to pay interest at the lesser of 1.5% per month or the amount permitted by law and to pay reasonable collection costs including reasonable attorney fees.
8. Returns and Cancellations
Custom (special) and non-stock orders: No returns will be accepted. These orders are non-cancelable. Stock orders (after shipment to customer): No returns are accepted after 30 days. Returns will incur a 25% restocking fee, plus freight to and from the shipping location. Return of field tile must be full boxes only, all materials must be in original condition and packaging to qualify. No credit given for product returned in non-saleable condition. Stock orders (prior to shipment to customer): Merchandise not shipped within 60 days of the initial order date is subject to cancellation and a 25% forfeiture fee. Storage requires pre-arranged approval of Ann Sacks Tile & Stone, Inc. and is subject to warehouse storage fees.
9. Limited One Year Warranty
All Ann Sacks Tile and Stone, Inc. brand products carry Ann Sacks’ One Year Limited Warranty unless otherwise noted. Products should be inspected prior to installation and any defects must be reported at that time. Installation constitutes acceptance of the product.
Ann Sacks products are warranted to the original consumer Purchaser to be free from defects in material and workmanship for one (1) year from initial shipment date. For brands other than Ann Sacks, see the manufacturer’s written warranty available at your Ann Sacks Showroom or Dealer. Other than the costs covered by the warranty noted above, Ann Sacks Tile & Stone, Inc. is not liable for any direct or indirect costs associated with the repair or replacement of the product including removal, installation or reinstallation of the product.
Product damage caused by improper installation methods, installing in unsuitable environments, other misuse, abuse, accident, or improper maintenance is not covered by this warranty. With respect to tile and stone, variations in color, shade, flow, grain, tonality, crazing, veining, and texture are inherent characteristics thereof and are not defects. Variations in facial dimensions and thickness will be allowed as per industry standards. No warranties are made against crazing, scratching or wear due to: improper installation-including improper alteration of the surface with sealers or grout, falling objects, abuse, misuse, exposure to extreme temperatures, using improper chemicals or compounds, non-foot traffic wear or other similar incidents. Although many products may perform well in steam shower environments, Ann Sacks does not recommend or warranty its products for steam showers due to intense steam, heat and moisture and the high dependence of proper construction and installation for successful product performance.
To obtain warranty service, contact Ann Sacks Tile & Stone, Inc. at 8120 N.E. 33rd Drive, Portland, Oregon 97211, (503) 281-7751 or call 1-800-278-TILE (8453).www.annsacks.com
EXCEPT TO THE EXTENT PROHIBITED BY APPLICABLE LAW, ANY IMPLIED WARRANTIES, INCLUDING WITHOUT LIMIATATION, MERCHANTABLITY AND FITNESS FOR A PARTICULAR PURPOSE ARE EXCLUDED FROM THIS CONTRACT. FURTHER, SELLER DISCLAIMS ANY LIABILITY FOR SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES. This warranty gives you specific legal rights. You may also have other rights which vary from state/province to state/province. Any action for breach of this warranty must be commenced within one (1) year from the time the defect occurs or should have been discovered. Some states do not allow such a limitation on the time in which to sue, so the limitation may not apply to you.
THIS IS OUR EXCLUSIVE WRITTEN WARRANTY: Ann Sacks also sells other high quality name brand product and accessories. For products branded other than Ann Sacks, Purchaser must look to the Manufacturer’s written warranty. On products branded by manufacturers other than Ann Sacks, Ann Sacks hereby disclaims implied warranties including that of Merchantability and Fitness for a particular Purpose. Ann Sacks further disclaims any liability for special, incidental or consequential damages.