Return and exchange policy
Upon Approval of this application, Sellers, in its sole discretion, and notwithstanding any request of applicant, may assign application a maximum credit line and shall have the right to increase, decrease, or terminate Applicant’s credit privileges under this Application at any time without prior notice to Applicant, except as otherwise provided by law.
All purchases by Applicant or goods and/or services form Seller will be made in accordance with the terms and conditions of this application and any invoice and/or other documents evidencing Applicant’s obligations to Seller, all of which are incorporated herein by reference. Applicant agrees to pay all charges according to the payment terms established in said invoice. The entire outstanding balance due to Seller on all invoices, shall be come due in full immediately upon default in the payment of any invoice.
Applicant agrees that an interest charge of one and one-half (1 ½%) per month, or the maximum rate allowed by law, whichever is less , and in all events calculated in accordance with applicable law, shall be assessed on any amount due and owing to sellers until collected.
This Application shall be governed by and interpreted under the laws of the state of Georgia, and Applicant acknowledges that Applicant has reached out to the State of Georgia to enter into this agreement, and thereby is conducting business in the state of Georgia, and consents to Venue in any court of competent jurisdiction in the State of Georgia with regard to any actions or proceedings arising from, relating to or in connection with the liabilities, this Application, or any collateral or security therefore, under the state of Georgia. Further, Applicant waives any right to trial by jury.
Applicant agrees to immediately notify Seller of any sale of a significant portion of the assets or business of Applicant, or a sale of substantial interest in the capital stock or other ownership interest of Applicant.
Applicant agrees to neither order nor accept goods from Seller while Applicant is insolvent within the meaning of Section 1-201(23) of the UCC; every order placed or delivery accepted, while the Applicant is insolvent shall constitute a written misrepresentation of solvency to the Seller within the meaning of Section 2-702(2) of the UCC.
If this Application is not approved in full or if any other adverse action is taken with respect to Applicant’s credit with Sellers, Applicant has the right to request within 60 days of Seller’s notification of such adverse action, a statement of specific reasons for such action, which statement will be provided within 30 days of said request. The Federal Equal Credit Opportunity Act prohibits creditors from discrimination against credit applications on the basis of race, color, religion, national origin, sex, marital status or age (provided that the application has the capacity to enter into a binding contract); because all or part of the Applicant’s income derives from any public assistance program; or because the applicant has in good faith exercised any right under the Consumer Credit Protection Act. The federal agency that administers compliance with this law concerning the creditor is the Federal Trade Commission, Washington DC.
If credit is granted, the terms of condition, i.e., payment on invoices, are as follows.
ALL TILE, SLABS, AND OTHER PRODUCTS ARE SOLD SUBJECT TO VARIATIONS IN SHADE AND SIZE FROM TILE TO TILE, SLAB TO SLAB, PIECE TO PIECE, SHIPMENT TO SHIPMENT, AND FROM SAMPLES. Such variations are an inherent characteristic of fired clay tile, metallic tile, glass tile, natural stone and slabs, used for any application.
NO GUARANTEE IS MADE AGAINST CRAZING. Crazing is an inherent characteristic in some fired glazed tile. We do not recommend use of contrasting colored grouts as the darker pigments in these grouts can fill the craze lines making the crazing more visible, especially on white and light colored tile.
MEASUREMENTS are to be provided by installer or designer. Any measurement for material provided by CIOT ATLANTA LP. LLC is only for reference purposes and in no way should be used in determining the amount of material to purchase. All measurements should be taken on job site by the installation contractor of the Buyer’s choice. CIOT ATLANTA LP. shall not be liable for inaccurate measurements of any kind.
NO GUARANTEE IS MADE AGAINST WEAR. ALL NATURAL STONE, GLAZED, METALLIC, AND GLASS TILE, AND STONE SLABS OF ANY TYPE WILL SCRATCH AND WEAR, AND IT SHOULD BE EXPECTED IN AREAS OF HEAVY TRAFFIC OR USE. THE DEGREE OF WEAR IS A FUNCTION OF MAINTENANCE AND ABRASION. CIOT ATLANTA LP. CANNOT BE RESPONSIBLE FOR FAILURES RESULTING FROM WEAR, EITHER NATURAL OR DUE TO INSTALLATION OF MATERIALS IN AREAS WHERE IT IS NOT APPROPRIATE. WEAR WILL BE APPARENT SOONER ON LIGHT OR WHITE COLORED TILE.
INSPECT PRIOR TO INSTALLATION – IT IS THE RESPONSBILITY OF THE DEALER, TILE INSTALLER, SLAB FABRICATOR, BROKER, AND CONSUMER TO INSPECT THE MATERIAL FOR ACCEPTABILITY UPON RECEIVING MATERIAL AND BEFORE SIGNING PRIOR TO INSTALLATION. ABSOLUTELY NO CLAIM WILL BE HONORED AFTER THE TILES OR STONE SLABS ARE SET OR MODIFIED. UNDER NO CIRCUMSTANCES WILL OUR RESPONSIBILITY EXCEED THE COST OF THE MATERIAL TO OUR CUSTOMER.
NO REFUNDS AFTER 30 DAYS.
Terms and Conditions of Credit
RETURNED MERCHANDISE – No materials can be returned for credit without prior authorization. Returns via our truck must have prior written approval. Our drivers cannot pick up goods unless previously authorized. Materials authorized for return are subject up to a 30% handling charge plus any freight charges. Returns are for full cartons only and are subject to inspections for salability. You must supply us with your invoices and purchase date for any credits to be issued. Sales of setting materials, chemicals, clearance items, “specials” or “off goods” are final…NO RETURNS OR CLAIMS WILL BE HONORED.
WE WILL NOT ACCEPT RETURNS OF ANY BAGGED GOODS, TOOLS OR SETTING MATERIALS. SPECIAL ORDER ITEMS ARE NOT RETURNABLE.
CLAIMS FOR DAMAGE OR LOSS in transit are to be made directly with the carrier. We are not responsible for replacing material damaged in transit through no fault of ours.
ACCOMMODATION. Seller will be under no obligation to accommodate any changes in the products or services after the original quotation prepared by Seller for Buyer/Applicant. If, however, Seller is able and chooses to accommodate buyer, and any such changes necessitate additional costs, such additional costs will be charged to and paid by Buyer/Applicant. Buyer/Applicant acknowledges that delays in delivery relating to any such change will be acceptable to Buyer/Applicant and that Buyer/Applicant will be responsible for and will pay Seller for any materials or product rendered excess or obsolete after such change.
WARRANTY. Seller provides no warranties of any kind or nature on any goods sold. Any warranties that apply to any goods sold are solely those offered by the manufacturer for such good or product. It is acknowledged that with respect to any goods sold by Seller, they are sold AS IS and WITH ALL FAULTS. Notwithstanding any other provision of this Contract, Buyer acknowledges that dye lots may vary from samples provided by Seller. Buyer also acknowledges that colors, shapes and textures may vary on all products, whether natural or man-made, purchased by Buyer or Seller. NOTWITHSTANDING THE FOREGOING, SELLER DISCLAIMS ANY AND ALL FURTHER WARRANTIES WITH RESPECT TO GOODS AND/OR SERVICES RENDERED PURSUANT TO THIS CONTRACT, WHETHER EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
REMEDIES. Buyer’s sole and exclusive remedies for a breach by Seller of its duties, covenants, obligations, representations and warranties under this Contract will be at the option of Seller, the return of the products by Buyer and repayment of the purchase price or replacement of any nonconforming products. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, SELLER WILL NOT BE LIABLE FOR ANY LOST PROFITS OR INDIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL OR PUNITIVE DAMAGE, WHETHER BASED ON BREACH OF CONTRACT, TORT OR ANY OTHER LEGAL THEORY.
INSTALLATION. Seller will not liable for any damages arising from the installation, or the contract for installation, of any products purchased by Buyer from Seller, regardless of whether Seller referred the installer to Buyer. Buyer is solely responsible for ascertaining the suitability of and engaging any installer. Installation not included.
WAVER OR ACCOMMODATION. Neither the failure of Seller at any time to require performance by Buyer of any provision of this Contract, nor Seller’s agreement to provide an accommodation to Buyer that is not required under this Contract, will affect the rights to require such performance at any time thereafter, nor will the waiver by Seller of any provision of this Contract constitute a waiver of any succeeding breach of the same or any other provision. Performance by Buyer may not be waived in whole or in part, except in writing signed by an authorized representative of Seller.
ASSIGNMENT. Buyer may not assign its right or delegate its duties under this Contract or claims or any money due without Seller’s prior written consent.
SUCCESSORS. No person or entity other than Buyer and Seller will have the right to claim any rights by virtue of this Contract.
SEVERABILITY. If any term of the Contract is invalid or unenforceable under any statue, regulation, ordinance or other rule of law, such term will be reformed or deleted, but only to the extent necessary to comply with such statute, regulation, ordinance or rule, and the remaining provisions of the Contract will remain in full force and effect.
ENTIRE AGREEMENT. This Contract supersedes all prior written and oral communications and documents and contains the complete and final agreement between Buyer and Seller relating to its subject matter and no other agreement or document will be binding on Seller unless made in writing which specially refers to the Section 13 and is signed by Seller’s authorized representative. This Contract will apply to all purchases by Buyer from Seller of any goods and/or services (whether under the attached purchase order or another purchase order issued in the future) unless such purchases are covered by another Contract issued by Seller, regardless of whether this Contract is expressly referenced in any other purchase document.