Return and exchange policy
ACCEPTANCE Buyer's signature on this invoice or any other conduct by or on behalf of Buyer that recognizes the existence of a transaction pertaining to the materials/services on the front of this document will constitute Buyer's acceptance of the Terms and Conditions listed herein. Any terms and conditions proposed in Buyer's acceptance or in any acknowledgement, invoice or other form or document (excepting any applications and agreements for credit with seller, handled by way of separate document) that add to, vary from, or conflict with the terms of this document are hereby rejected. Buyer has read and understands these terms and conditions and agrees that Seller's shipment of any goods or performance of any service under this order shall constitute Buyer's acceptance of these terms and conditions only.
TIME PRICE DIFFERENTIAL: Buyer agrees that it will pay all invoices within thirty (30) days of the date of the invoice ("Due Date"). This represents the cash price ("Cash Price"). In the event, Buyer fails to pay the Cash Price on or before the Due Date, Seller , shall add a monthly finance charge or time price differential of 1 1/2% per month on any unpaid balance on all amounts unpaid after the Due Date. In addition, applicant will pay all collection costs, including court or arbitration costs, and actual attorney fees that may be incurred as a result of nonpayment of any invoice.
ALL CLAIMS AND DISPUTES arising out of the purchase and sale of any of Seller's goods or materials shall be resolved in the following manner:
First, by mediation with a mediator experienced in construction and the sale of Seller's products and materials A party with a claim or dispute shall provide written nonce to the other stating its request for mediation Once the request is made, the mediation shall occur within 60 days from the date of the request unless extended by both parties in writing The mediation shall take place on Oakland County, Michigan.
Second, by arbitration with a single arbitrator experienced in construction and the sale of Seller's products and materials The arbitration shall take place in Oakland County, Michigan The American Arbitration Association Construction Industry Rules shall govern the arbitration hearing along with Michigan 's Revised Uniform Arbitration Act The award of the arbitrator will be final and binding The arbitrator may, in his/her sole discretion, award interest, costs and attorney fees A Judgment on the award may be entered in any court of competent jurisdiction
PRICE All price quotations are made for immediate acceptance and are subject to change without notice All prices indicated in thus Contract will be adjusted to Seller's prices in effect at the time of shipment unless otherwise agreed in writing Prices do not include provisions for any applicable tax. If, in the reasonable Judgment of Seller, the financial condition of buyer at any time does not Justify delivery or installation on the terms of payment originally specified, Seller will have the right to require full or partial payments in advance By entering into the Contract with Seller, Buyer hereby authorizes Seller to investigate buyer's creditworthiness, and Buyer authorizes the release by its existing creditors of any information reasonably requested by Seller Buyer's obligation to pay any amounts due or to become due to Seller will be absolute and unconditional and will not be subject to setoff, reduction, recumbent or counterclaim by Buyer for claims or amounts due Buyer, regardless of whether arising out of this Contract otherwise
DELIVERY DATE. Shipping and delivery dates are approximate. Seller will not be liable to Buyer for damages resulting from any delay arising out of causes beyond its reasonable control and without its fault or negligence, and any such liability is subject to the limitations set forth herein
SALES ARE MADE ON A CASH BASIS ONLY unless prior "Open Account" status has been arranged, with our credit department. When credit is granted, the terms are net 30 days. Buyer agrees that interest will accrue at a rate equal to the lesser of one and onehalf (1 1/2%) per month or the highest rate allowed by law on any amounts not paid by the due date specified in the invoice for such amounts. Open invoices past 30 days will result in suspension of credit until such invoices are cleared.
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. SELLER MAKE NO WARRANTY THAT THE PRODUCTS WILL MEET YOUR REQUIREMENTS; OR THE QUALITY OF ANY PRODUCTS OR SERVICES WILL MEET YOUR EXPECTATIONS.
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 DETROIT 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 DETROIT LLC shall not be liable (or 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 DETROIT LLC IS NOT RESPONSIBLE FOR FAILURES RESULTING FROM THE USE OF MATERIALS IN AREAS WHERE THEY ARE NOT SUITABLE FOR THE INTENDED USE. WEAR WILL BE APPARENT SOONER ON LIGHT OR WHITE COLORED TILE.
CONFIRMATIONS OF ORDER are prepared on all special order products. It is the customer's responsibility to review that confirmation. It there are discrepancies. It is the customer's responsibility to advise us immediately and confirm the change in writing. If we are not advised within 24 HOURS of entry of your order, you acknowledge that the order is correct.
SPECIAL ORDERS that are brought in per your instructions will be invoiced upon receipt.
INSPECT PRIOR TO SIGNING THIS DOCUMENT - IT IS THE RESPONSIBILITY OF THE DEALER, TILE INSTALLER, SLAB FABRICATOR, BROKER, AND CONSUMER TO INSPECT THE MATERIAL FOR ACCEPTABILITY UPON RECEIVING THE MATERIAL AND BEFORE SIGNING THIS DOCUMENT. ABSOLUTELY NO CLAIM OF ANY KIND OR ACCEPTANCE OF ANY RETURN WILL.BE ALLOWED OR HONORED AFTER THE TILES, SLABS OR ANY OTHER MATERIALS ARE INSTALLED OR MODIFIED IN ANY WAY. UNDER NO CIRCUMSTANCES WILL OUR RESPONSIBILITY EXCEED THE COST OF THE MATERIAL TO OUR CUSTOMER.
ABSOLUTELY NO REFUNDS AFTER 30 DAYS.
RETURNED MERCHANDISE-No materials can be returned for credit without prior authorization. Refunds shall be in check or credit form. Returns via our truck must have prior written approval. Our drivers cannot pick up goods unless previously authorized. Materials authorized for return are subject to a 30% restocking and handling charges plus any freight charges. Returns are for full unopened 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 material, chemicals; "special orders", "clearance items", 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 If, however, Seller chooses to accommodate Buyer, and any such changes necessitate additional costs, such additional costs will be charged to and paid by Buyer. Buyer acknowledges that delays in delivery relating to any such change will be acceptable to Buyer, and that Buyer will be responsible for and will pay Seller for any materials or product rendered excess or obsolete after such change
SPECIAL WARNING FOR PURCHASERS OF CAESARSTONE:
Caesarstone quartz surfaces are not hazardous as shipped and used by the end consumers, however Caesarstone quartz surfaces contain approximately 90% silicate minerals and their fabrication, including cutting, grinding, polishing, shaping etc. involve the generation of hazardous dust, which contains crystalline silica (SI02).
UNPROTECTED AND\OR UNCONTROLLED EXPOSURE TO SUCH DUST IS DANGEROUS TO HEALTH AND MAY CAUSE SILICOSIS INCURABLE, PROGRESSIVELY DISABLING AND SOMETIMES FATAL LUNG DISEASE, AND MAY ALSO CAUSE LUNG CANCER, CHRONIC OBSTRUCTIVE PULMONARY DISEASE (COPO), KIDNEY DISEASE AND OTHER DISEASES. SUCH HEALTH DAMAGES CAN BE PREVENTED IF THE REQUIRED SAFETY MEASURES ARE IMPLEMENTED.
Any kind of fabrication work of quartz surfaces requires strict compliance with health and safety laws, regulations, standards and practices (such as monitoring, medical monitoring, training, engineering controls and personal protective equipment (PPE) etc.) Fabricators must ensure that their workers are properly protected from exposure to silica dust. Everyone who fabricates Caesarstone products, assumes the responsibility to provide safe working environment to all their employees and contractors and comply with all relevant laws and regulations in connection with same.
Information about health and safety practices, laws and regulations can be found, among others, at:
http://www.caesarstone.com/en/About-Us/Pages/Professional-Guidelines-for-Fabåcators.aspx, https://www.osha.gov/dts/hazardalerts/hydraullc_frac_hazard_alert.html, http://www.ilo.org/safework/info, http://www.nepsi.eu/agreement-good-practice-guide/agreement.aspx and at http;/lwww.cdc,govlniosh/docs/96-112/
Buyer understands and comprehends the risk associated with Any kind of fabrication work of quartz surfaces, including Caesarstone, and assumes full responsibility for any risk of bodily injury, death or property damage arising out of the fabrication work Caesarstone purchased from Seller.
Buyer agrees to indemnify, hold harmless, and defend Seller from and against any and all claims, costs, expenses, or liability (including attorney's fees), attributable to bodily injury, sickness, disease, or death, or to damage or destruction of property (including loss of use of property) caused by, arising out of, resulting from, or occurring in connection with any kind of fabrication work involving Caesarstone purchased from Seller .
WARRANTY. SELLER PROVIDES NO WARRANTY WHATSOEVER. AND SELLS ALL PRODUCT HEREIN "AS IS" AND "WITH ALL FAULTS If there is a manufacturer's warranty for any such product, such warranty is the only warranty that exists with respect to any product 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 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
TERMINATION. Seller may terminate all or any part of the Contract after giving notice in writing to buyer, without liability, and may obtain any rights or remedies provided by the Contract or by Jaw Reasons for termination may include, but are not limited to (A) failure by Buyer to render payment in accordance with the terms of this Contract or credit arrangement, (B) attempted assignment of thus Contract by Buyer without the prior written consent of Seller; (C) Seller's reasonable grounds for insecurity about Buyer's ability to continue to satisfy its obligations under this Contract, (D) Seller's discovery of conditions at Buyer's premises that make Seller's performance under this Contract materially more difficult or expensive than reasonably anticipated by Seller This Contract cannot be cancelled or modified by Buyer in whole or in part except with Seller's consent in writing, under terms agreeable to Seller
LIMITATION OF REMEDIES. Notice of any defect in materials or nonconformity to specifications shall be made in writing within 15 days from receipt of such materials, after which any such claim for such defect or non-conformity shall be deemed waived. Buyer's sole and exclusive remedies for a breach by Seller of its duties, covenants, obligations, and representations under thus Contract or for any claim resulting from or relating to Seller's performance relating to 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. IN THE CASE OF ALL CLAIMS MADE AGAINST SELLER INCLUDING BUT NOT LIMITED TO CLAIMS FOR FAILURE OR DELAY IN DELIVERY, SELLER SHALL IN NO EVENT BE LIABLE FOR ANY LOSS PROFITS, SPECIAL OR CONSEQUENTIAL DAMAGES. NO ACTION, REGARDLESS OF FORM, ARISING OUT OF THE TRANSACTIONS UNDER THIS AGREEMENT MAY BE BROUGHT BY BUYER MORE THAN ONE YEAR AFTER THE MATERIALS SUPPLIED PURSUANT TO ANY ORDER UNDER THIS AGREEMENT HAVE BEEN DELIVERED. SELLER DISCLAIMS ANY AND ALL WARRANTIES, WHETHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTY OF MECHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, EXCEPT AS OTHERWISE PROVIDED HEREIN UNLESS MADE SPECIFICALLY IN WRITING, SIGNED BY AN OFFICER OF SELLER , AND ATTACHED TO AND MADE PART OF THIS CONTRACT. Buyer agrees to protect Seller and hold Seller harmless from any loss or claim arising out of the negligence of Buyer, Buyer's agents, employees or representatives in the installation of any of Seller’s materials.
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 or and engaging any installer Installation not included
EXPENSES. If Seller takes any action to enforce any provision of this Contract because of a default by Buyer, Buyer will pay Seller's attorney's fees and costs to the extent that Seller prevails in such action
GOVERNING LAW. This Contract and the right and obligations of the parties will be governed by the internal laws of the State of Michigan without regard to principles of conflicts of laws Buyer acknowledges reaching out to the state of Michigan to conduct business with Buyer Any litigation arising in connection with this Contract will be subject to the exclusive venue and Jurisdiction of the courts of the State of Michigan, Oakland County, or the United States Federal Court, Eastern District of Michigan
WAIVER 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 subsequent 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 AND SUCCESSORS. It is understood and agreed that the only rights and obligations under this contract are between the Buyer listed on the front of this invoice under the section that states "SOLD TO" and the Seller. There are no third party beneficiaries created under this contract or invoice; it is acknowledged that if there are any other beneficiaries of the goods and services provided, that they are incidental beneficiaries. Buyer may not assign any rights or obligations under this contract without Seller's prior written consent. 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 (with the exception of any credit agreements. which is to be read together with this agreement) and contains the complete and final agreement between Buyer and Seller relating to its subject matter. No other agreement or document will be binding on Seller unless made in a writing, and signed by the Seller. This Contract applies 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.