Status: STK:Stock; DS:Drop Ship; OVST:OverStock; SO: Special Order
Shade and Size Variations. Architectural Ceramics, Inc. (“AC”) shall use reasonable efforts to have representative samples of our products on hand in our showroom, however, shade and size variations are normal and to be expected from stone, manufactured and handmade tiles, and wood species. All natural stones are a product of nature, thus AC offers no guarantees on variations in color or vein. The customer understands and accepts the nature of the materials being sold.
Samples. Loose samples can be checked through the reception area for a deposit fee equal to the Retail price. Boards are not to be checked out under any circumstances without written permission from the owner/management and require a minimum deposit of $100.00 per board. Regular samples must be returned within one week of checkout, and boards must be returned within 24 hours, in order to receive a full return of deposit. If samples or boards are not returned within this time frame, at AC’s discretion, your deposit may be forfeited.. Loose samples and decorative pieces that are not readily available can be ordered as a sale and are not returnable.
Takeoffs/Installers. Construction projects change during the process. Take offs (measuring and providing quantities needed) done by AC will be for the purpose of a general estimate for the project, and not for ordering. AC accepts no responsibility for quantities and measurements. It is the responsibility of the purchaser and/or you to ensure the quantities are accurate. AC is not a contractor and does not contract with or act as an agent for installers . When AC recommends a licensed contractor to work or install a product we sell, it is a recommendation only and AC shall not by virtue of its recommendation of a contractor be deemed to be a contracting party or an agent of the contractor. . The client is solely responsible for hiring or contracting with contractors or laborers for the installation of products sold by AC.
Ordering. All special orders and stock orders require a 100% deposit at the time of the order. Only approved licensed trade house accounts may order without a deposit if within their credit limit. There will be a 1.5% per month finance charge for balances due over 30 days and you shall be responsible for all costs of collection, including attorneys’ fees up to 25% of past due balance plus additional costs incurred by AC in collecting any overdue amounts. All payments made will be applied to the oldest invoices.All order cancellations must be received within one business day of the initial order to ensure that the order may be cancelled. Any orders cancelled thereafter, including materials in transit, may only be cancelled at AC’s sole discretion.
Lead Times. AC shall use reasonable efforts to expedite the manufacture and shipping of your order. However, there are many circumstances outside of AC’s control in producing and moving product. Our quotes, which are in business days, are based on quotes that the manufacturers and trucking companies provide to us and cannot be guaranteed. Please do not schedule installation until you have received all your material and inspected it. No materials may be returned, for any reason, 30 days following the date of the invoice.
Freight. Shipping products from vendors across the country is an expensive proposition. Many companies choose to show only very limited varieties which they can obtain locally or have in stock. Our business has been built on showing a vast array of product that comes from many countries and manufacturers, and therefore most items are not stock but must be shipped. We ship and quote prices only from bona-fide trucking companies that we believe are competitive. Please be aware that in many cases freight is assessed to you and is your responsibility. These charges are from the manufacturers to us, not to your job. unless material is drop shipped .. Delivery to your location is a separate charge payable by you.
Drop Shipments. With specialty products, if the vendor permits and unless otherwise instructed by the customer, we will drop ship directly from the vendor to a location designated by the customer. All drop shipments are curbside only. It is required that the customer or their agent be at the job site at time of delivery to inspect materials for correct quantities and material ordered. If the job site is unattended, the carrier will not deliver the material, the material will be brought back to the carrier’s warehouse, delivery charges will not be refunded, and any subsequent delivery will be charged separately. AC is not responsible for items damaged by the carrier. Drop shipped products will otherwise be governed by the terms and conditions contained herein.
Material Inspection. It is the responsibility of the purchaser or their agent at the time of drop shipment, pickup or delivery to inspect all material as to acceptability, color, size and quantity and to assure that it is correct as per the order. Upon delivery or drop shipment of the product, AC will be released from any and all claims. No guarantees are made with respect to the possibility of the material crazing. All glazed tiles are sold subject to abrasion and wear, and proper use of the tiles is the responsibility of the purchaser. It is strongly recommended that the installer be made aware of the materials and their installation layout before installation. In many cases, particularly where there are shade variations in the materials, a dry lay should be done to ensure proper mixing and layout. Attention to detail by the customer and their agents before installation is crucial to avoid costly mistakes. No claims of any nature will be considered upon the earlier of: (1) the material is installed or (2) 30 days following the date the material was available for pick up at our warehouse or invoice date.
Delivery, Storage. For orders that are not drop shipped or picked up at our warehouse , delivery to the jobsite can be arranged on request. AC requires up to five business days notice to schedule job site delivery. All deliveries are charged at a rate dependent upon location. Most local deliveries can be done in 1-2 hours. All deliveries are curbside only. It is required (or a release needs to be signed) that customer or their agent is at the jobsite at time of delivery to inspect materials for correct quantities and material ordered. If the job site is unattended, AC will not deliver the material, the material will be brought back to our warehouse, delivery charges will not be refunded, and any subsequent delivery will be charged separately. Any product not scheduled for delivery or picked up or within thirty (30) days after notice that it is available at our warehouse will be subject to a storage fee of 1% of the invoice price for each month or partial month after the initial thirty (30) day notice. Product not picked up or scheduled for delivery within six (6) months after notice of availability will be considered abandoned and may be disposed of as AC deems appropriate.
Returns. All items we sell are either special order or stock. All special order merchandise will be marked as such on the invoice at the time of order. Special order material is not returnable. If there are any questions, do not hesitate to ask because returns will not be accepted. Any stock material can be returned without restock charges provided that all of the following are met: (i) material must be returned in full box quantities if sold in that manner; (ii) all returns must be received by AC within 30 days of the date that the material was available to be picked up from AC, as reflected on the invoice; (iii) all material must be in resalable condition; and (iv) the dye lot has not changed for the material. AC may in its sole discretion accept returns of stock material that does not meet any of the above conditions, in which case a restock charge of up to 25% of the purchase price will be assessed. All returns for materials originally paid for by check that are eligible for return shall have a check issued and mailed out within two weeks of return of goods. Returns paid by credit card will be credited back to the same credit card that was used for the purchase within two weeks of the return. Returns made by trade account holders will be credited to their account. The trade account holder may request a refund check if their account has a credit balance. Statements are sent monthly. All returns will only be refunded to the person in whose name the material was purchased originally. Our liability will never exceed the cost of the materials. Installation constitutes full and complete acceptance. Absolutely no claims will be considered after partial or complete installation.
Exclusion of Implied Warranties. There are no warranties which extend beyond the description on the face hereof, including but not limited to any implied warranties of merchantability or fitness for a particular purpose.
Electronic Signature/Acceptance. The customer acknowledges and agrees that physical signatures are not required under this Agreement when electronic acceptance is provided. Electronic acceptance of the terms of this Agreement shall be permissible and acceptable forms of acceptance of the terms of this Agreement.
Governing Law. The agreement between the parties shall be governed according to the internal laws of the State of Maryland, without reference to its choice of law rules. Any suit involving any dispute or matter arising hereunder may only be brought in the United States District Court for the Southern District of Maryland or any Maryland State Court having jurisdiction over the subject matter of the dispute or matter.