Terms & Conditions
Status: STK:Stock; DS:Drop Ship; OVST:OverStock; SO: Special Order
Terms and Conditions of Sale/Customer Disclaimer
The Terms and Conditions (“Terms”) contained herein apply to all quotations and offers made by Architectural Ceramics, Inc. (ACI) and to all purchase orders accepted by ACI. These Terms may in some instances conflict with some of the terms and conditions affixed to a Buyer’s purchase order or to any other procurement document issued by the Buyer. In such cases, the Terms contained herein shall govern, and acceptance of Buyer’s order is conditioned upon Buyer’s acceptance of the Terms and Conditions herein, irrespective of whether the Buyer accepts these conditions by written acknowledgement, by implication, by acceptance of products ordered, or by payment for products ordered. ACI’s failure to object to provisions contained in any communication from Buyer shall not be deemed a waiver of the provisions herein. Any changes to the Terms contained herein must specifically be agreed to in writing, signed by an officer of ACI before becoming binding on either party. ACI reserves the right at any time to amend these Terms and Conditions, and Buyer shall be deemed to accept such amended Term and Conditions by ordering products offered after the date of such amendment.
INSPECTION AND ACCEPTANCE: Any product sold or provided by ACI shall be deemed accepted by Buyer upon delivery. Claims for damage, shortage or errors in shipping must be recorded on the original receiving documents and reported within twenty-four (24) hours following delivery to Buyer. It is the Buyer's responsibility to inspect all merchandise prior to installation. If for any reason the material is incorrect or unacceptable for installation, Buyer shall make such claim to ACI, in writing, before installation. ACI's liability in respect to all claims shall be limited to accepting the return of incorrect or unacceptable product before installation, and then only after ACI has been notified in writing that the material is incorrect or unacceptable and has had the opportunity to inspect the product and conduct its own investigation. All original packaging materials must be kept until after inspection. Subsequent to any investigation, ACI shall have the right to supply substitute products. If substitute products are to be supplied, ACI shall have up to 90 days following the conclusion of ACI’s investigation to so substitute. All claims for incorrect or unacceptable product should be received in writing within 30 days from shipment date and prior to installation. Installation of product is deemed acceptance of product and ACI shall not be liable for, and will not recognize, claims made after the start of the installation including claims of incorrect product; claims of incorrectly sized, colored, shaded, calibrated, or packaged product; claims of product not matching prior shipments; and/or any other product claims. ACI shall not be responsible for improper installation of products.
SHADE AND SIZE VARIATION: ACI uses reasonable efforts to have representative samples of our products on hand in our showrooms, however, shade and size variations are normal and are expected from stone, manufactured and handmade tiles. All natural stones are a product of nature thus ACI offers no guarantees on variations in color or vein. The customer understands and accepts the nature of the materials they buy. All ACI tiles are nominal sizes. Sizes and prices include recommended joint allowances and joints shall not be deducted.
SAMPLES: Loose representative samples can be checked through the reception area for a deposit fee equal to the Retail price. Representative means that it may not be the lot that you end up purchasing. You may request and pay for lot samples or photos for approval for some of our products. Loose samples must be returned within one week of checkout in order to receive a full return of deposit. If samples are not returned within this time frame 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. Manager may check out boards for 24 hours for presentations at a standard price.
TAKEOFFS/INSTALLERS: Construction projects change during the process. Take offs (measuring and providing quantities needed) done by ACI will be for the purpose of a general estimate for the project and are not for ordering. ACI accepts no responsibility for quantities and measurements. It is the responsibility of the purchaser and/or you to ensure the quantities are accurate. ACI is not a contractor or installer and does not contract with or act as an agent for tile installers. When ACI recommends a licensed contractor to work or install a product we sell it is a recommendation only and ACI 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 ACI.
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 ACI 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 after assurance that the order may be cancelled and hasn’t shipped. Any orders cancelled thereafter including materials in transit may only be cancelled at ACI's sole discretion.
LEAD TIMES: ACI shall use reasonable efforts to expedite the manufacture and shipping of your order. However, there are many circumstances outside of ACI's control in producing and moving product. Our quotes for special order are not 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 for special order products and for stock 30 days following the date ACI’s receipt of material in our warehouse or shipment for the manufacturer whichever is shorter.
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; 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 the 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 verify the accuracy of the material ordered. If the job site is unattended the carrier will not deliver the material and the material will be brought back to the carrier's warehouse adding additional costs. Delivery charges will not be refunded and any subsequent delivery will be charged separately. ACI is not responsible for items damaged by the carrier. Drop shipped products will otherwise be governed by the terms and conditions contained herein.
TITLE AND DELIVERY: All shipments by ACI are F.O.B. ACI’s facility, or, if applicable, the facility of an ACI affiliate or agent. Title and risk of loss or damage to products passes to Buyer upon delivery to Buyer if delivered in ACI’s trucks, or in the case of a common carrier, from ACI’s facility, or, if applicable, the facility of an ACI affiliate or agent. Buyer acknowledges and agrees that delivery dates, when quoted, are estimates only and may change. Many factors delay shipments. ACI uses reasonable efforts to deliver in accordance with quoted delivery dates. However, ACI shall not be liable for nonperformance or delays caused by a shortage of raw materials, manufacturing problems, delivery or labor problems, priorities, acts of regulatory agencies or judicial bodies, discontinuation of a product line, acts of God or third parties, infringement claims, or other causes beyond its reasonable control.
ACI reserves the right to make delivery in installments. All such installments shall be separately invoiced and paid for when due, without regard to subsequent deliveries. Delay of any shipment shall not relieve the buyer of its obligation to accept remaining installments. In the event that ACI’s ability to supply products becomes constrained, for any reason whatsoever, ACI may reduce quantities, delay shipments, or allocate products among its customers at its discretion.
If part or all of the products are to be delivered from outside of the continental borders of the United States, and such products are not available for any reason, then ACI may in its reasonable discretion replace the same with like products, but shall be under no obligation to do so. If ACI does not replace same, then ACI shall notify Buyer within a reasonable period of time and as Buyer’s sole and exclusive remedy ACI shall give Buyer credit based upon Buyer’s prepayments, if any, for the products.
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 ACI 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 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 ACI deems appropriate.
RETURNS: Special order or non-stock material is not returnable. Any stock material can be returned with a 25% restock fee 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 ACI within 30 days of the date that Client’s designated contact is notified that the material was fully available to be picked up or delivered from ACI; (iii) all material must be in resalable condition; and (iv) the dye lot has not changed for the material. 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. Refunds are not automatically given. 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.
WARRANTY: ACI warrants only to its immediate Buyer, and to no other person, that its products will, on the date of shipment, meet the terms of ACI's Quote Confirmation or Sales
Order pursuant to which such products were sold.
MANUFACTURED PRODUCTS: ACI warrants that manufactured products will be free from defect for a period of one year from date of purchase. Defect is defined as a shortfall in the product to perform to specifications as disclosed in product or trade literature, within industry allowable tolerances as set forth in standard, national industry protocols. This one year express warranty is the sole warranty extended and replaces any statutory warranties to the maximum extent allowable by law. Customer misuse including negligence, physical, or chemical abuse is not covered by this warranty. Installation defects or installations that violate building codes are not covered by this warranty. All warranty claims must be reported immediately. Failure to report any warranty claim within 30 days of defect discovery will void this warranty. All products must be inspected prior to installation. Visual defects or nonconformities apparent prior to installation voids this warranty. Manufactured tile is subject to variation due to an inherent variability in raw materials and production processes. Ceramic tile with a rating of V3 or V4 may contain higher levels of variation. All products should be inspected prior to installation.
NATURAL STONE PRODUCTS: Natural stone products, including, but not limited to, travertine, limestone, granite, marble, onyx, and slate, are products of nature mined and cut from natural formations which may inherently contain high levels of variation. Because these products are mined and cut from natural formations instead of manufactured, quality warranties are limited to the specified representations in ACI product literature, trade product literature, and guidelines established by the Marble Institute of America. ACI does not warrant natural stone products for shade, size, thickness, warping, cleft variations, surface finish variations, mineral content, or other natural defects/characteristics of stone products.
EXCLUSTION 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.
ELECTRONICS SIGNATURE/ACCEPTANCE: The customer acknowledges and agrees that physical signatures are not required when electronic acceptance is provided. Electronic acceptance of these terms shall be a permissible and acceptable form of acceptance of ACI's terms
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.