This Statement of Policy supersedes any other terms, conditions or policies, expressed or implied. No representative or person(s) are authorized to assume any liability, or agree to any terms, conditions or policies, without the express written consent of the management of TILE EZE INC. Stenographic and clerical errors are subject to change/correction.
Terms of Sales
Merchandise will remain as TILE EZE INC. property until paid in full.
The following terms apply to all payments made to TILE EZE INC., unless TILE EZE INC. has accepted special arrangements, in writing.
Terms are Net 15 Days from date of invoice for all credit-approved accounts. An interest rate of 1.5% per month (18% per annum) will be charged on all past due balances over 30 days but not greater than the applicable legal rate of interest. Shipment of new orders will be delayed on all accounts with past due balances of 10 days or more. Prices and polices are subject to change. Merchandise will be invoiced upon shipment and at prices effective at the time of order placement.
Freight costs are due prior to shipment of order(s). A handling charge will be applied to orders. Discounts are not applicable on freight, shipping or handling charges.
Credit
Credit approval is based upon result of credit check. All companies requesting terms must submit the following with first order: completed credit application, bank, and four (4) trade references including account number (s), address, telephone and fax numbers. First time orders must be prepaid prior to shipping, subsequent orders will be shipped COD until credit has been approved.
Invoices
Merchandise will be invoiced, upon date of shipment, from TILE EZE INC.
Sales Tax
All sales are subject to applicable taxes. Purchaser(s) doing business in states other than Florida are responsible for sales tax in their State of Operation. Purchaser(s) doing business in the State of Florida must submit a properly executed tax certificate with initial order. All accounts with previously established credit must submit a copy of the State of Florida tax certificate in effect since February 2000, or such new tax certificate that the State of Florida may adopt. All accounts failing to comply with this State regulation will be charged Florida State Sales Tax. All customers are, hereafter, responsible for any/all assessed, levied, or imposed tax by Federal, State, and Local authorities.
Back Orders
Merchandise not available for immediate shipment will be placed on "back order" and subsequently shipped as available, unless written notification has been received canceling the back ordered item(s). Additional shipping and handling will be billed on back ordered merchandise.
Freight
All freight for merchandise will be shipped FOB Naples, Florida. UPS ground or common carrier will transport shipments when necessary. Freight must be prepaid, and merchandise shipped to one address unless otherwise specified by purchaser.
A surcharge will apply to all Next Day, 2nd day, 3rd day Air, and Saturday deliveries in the continental USA.
Signatures are required on all merchandise. If the customer insists on having the signature feature of the shipment removed, the responsibility of lost or stolen merchandise is to be that of the customer.
Additional freight charges will be invoiced for special deliveries (lift gate, job site deliveries, address errors/changes, etc.)
Claims
Shortages and damages must be noted on carrier delivery receipts before signing for shipment. All freight damage claims must be filed directly with the carrier. Claims for packaging shortages must be made immediately upon delivery. Although our responsibility ends when the carrier picks up merchandise, we are available to assist in filing claims for unusual losses if this information is received within 3 days of delivery date. It is the responsibility of the customer to inspect the shipment for any visible damages.
Claims filed for damage of merchandise (directly or indirectly) while on the job, for merchandise altered from its original condition, or for merchandise used for applications other than its stated purpose will not be considered. The liability of TILE EZE INC. is limited to the repair and/or replacement of merchandise found to be defective by us.
Credit/Return Policy
Return Authorization must be obtained from TILE EZE INC. prior to return of merchandise. Our Return Authorization number must be clearly marked on the shipping carton. A copy of the original invoice must accompany all returns with part number, description, quantity returning, and reason for return enclosed inside shipping container. A restocking fee of 20% plus shipping will be assessed on all returned merchandise. TILE EZE INC. reserves the right to dispose of any unauthorized returns on a non-credit basis.
The following conditions apply:
1. Merchandise may be returned for credit within 1 week of invoice date, upon receiving the merchandise.
2. Merchandise must be in original factory sealed packaging. Seals on multiple packaged merchandise must be intact (partial packages are not returnable).
3. Discontinued or used merchandise and special-order merchandise are not returnable.
Special Charges
Any product requiring repackaging is subject to an additional 15% charge.
Jurisdiction and Venue
The exclusive jurisdiction and venue for any legal proceeding shall be the courts of Collier County, Florida, or the U.S. District Court, Middle District of Florida (Fort Myers Division). All agreements shall be interpreted under Florida law, without regard to conflict of laws principles. In the event of any litigation, the prevailing party shall be entitled to attorney's fees and costs.
Limited Warranty
For patent defects, a claim must be made, in writing, within 3 days of the delivery date. No claims made later under the warranty in respect of patent defect can be considered. All other claims under the warranty shall be lapse after a 1-year period commencing on the delivery date. We accept no liability or warranty for the consequence of improper use or installation of our goods, (excessive wear and tear suchlike etc.).
TILE EZE INC. agrees to replace, at no charge, any product(s) found to be defective because of faulty materials or workmanship. In no way does this warranty apply to abused merchandise, normal wear, or careless handing and is invalid if the product has been altered from its original state in any manner. Integral parts, such as motors, are subject to manufacturer's warranty and are excluded from this Limited Warranty. This Warranty is in lieu of all other warranties, expressed or implied.