TERMS AND CONDITIONS OF SALE
This Agreement contains the terms and conditions that apply to customers for purchases from Altura Stone and Tile, LLC. headquartered at 4650 West 160th St. Cleveland, OH 44135 (hereinafter referred to as “Altura”) and Altura entity named on the invoice that will be provided to you (“Customer”) on orders for products sold. Customer agrees to be bound by and accepts this Agreement as applicable to Customer’s purchase of product(s) from Altura, and/or the Altura Internet Website hereinafter named the “Site.” As a condition of sale, Customer agrees to be bound by and accepts these terms and conditions. If you do not agree with any of the terms of sale please do not use this website.
SCOPE OF WORK
Altura is not a contractor and does not perform or contract for the installation of any product. Altura shall not assume responsibility nor shall it be liable for a contractor’s work or the installation of any of its products.
Absent any specific instructions, generally accepted industry guidelines must be adhered to, including, but not limited to, Tile Council of North America Handbook and Marble Institute of America Dimensional Stone Design Manual.
ORDER ACCEPTANCE POLICY
Customer’s receipt of an electronic or other form of order confirmation does not signify Altura acceptance of Customer’s order, nor does it constitute confirmation of Altura offer to sell. All orders are accepted in Georgia, USA. Altura reserves the right at any time after receipt of Customer’s order to accept or decline Customer’s order for reasonable cause including but not limited to lack of availability of products, failure by Customer to satisfy payment terms, product suitability to project, and/or breach by Customer of this Agreement. If payment has been remitted for the purchase and Altura cancels Customer’s order, Altura shall forthwith issue a refund equal to the amount remitted for the unaccepted or cancelled order.
All prices shown are Wholesale Price or special negotiated prices with each customer and does not include destination and handling charges. Price excludes license, registration, taxes and options. Prices are subject to change. Actual prices may vary and are determined by Altura. Please check with your Altura sales person for complete accuracy of information, availability and delivery charges.
Slabs’ price per unit area are determined as per slab based on its unique color, shade, and overall characteristics. All slabs are measured and invoiced based on the net rectangular surface area.
Customer is responsible for all sales, use, excise, value-added and other charges associated with the order, however designated, including any duties, clearance charges or other destination charges. If applicable, a separate charge for such items will be shown on Altura invoice.
QUOTES VIA EMAIL
Quotes can be sent via email. Once you email a request for a quote we will send you a quote back via email. We ask that you please check the quote thoroughly. Please check the quantity, product name, finish and sizes of the products along with the shipping address. If there are any errors or changes please email us immediately. Once you confirm the quote is correct, your order is sent to the accounting department. The order processed is what you confirm back to be correct. Please note that changes can not be made once your order has shipped.
Terms of payment are within Altura sole discretion and unless otherwise agreed to by Altura, payment must be received, paid in full or otherwise authorized or secured in a form approved by Altura prior to Altura acceptance of an order. Payment for the products will be made by approved credit card, wire transfer, electronic funds transfer or some other prearranged payment method agreed to by Altura. Invoices are due and payable by the payment date(s). Altura may invoice parts of an order separately. Any quotations given by Altura will be valid for the period stated on the quotation. Altura reserves the right to adjust or cancel quotations as required.
Special orders require 50% non-refundable deposit. Lead times for special orders begin from the date of receiving deposit. The balance amount is due prior to shipping.
RISK OF LOSS; TITLE
Title to product passes from Altura to freight carrier (hereinafter referred to as “Carrier”) upon the transfer of product to Carrier from Altura. Altura shall not be liable for the loss or damage to products that occurs during shipping by Carrier.
Customer is responsible for all costs related to shipping product to the location specified by Customer. It is Customer’s responsibility to provide contact information that allows the shipper to contact Customer when shipment is made. Additional storage and/or shipping charges and other warehouse charges may apply if Customer cannot be contacted, or is not available, to receive product; or if product is redirected upon Customer’s request. If a shipping rate is quoted at an incorrect rate due to typographical error or error in pricing information received from Carrier, Altura shall have the right to refuse, adjust, or cancel any orders placed whether or not the order has been confirmed or whether or not payment has been remitted. Customer is responsible for inspecting freight for shortages or signs of damage upon receipt of goods. All freight, loss, and damage claims must be filed with Altura within TEN (10) days from the date the shipment was delivered. Altura shall not be liable for special or consequential damages or for any damages arising out of or caused by: (1) Delay, (2) Acts of God or the public enemy, (3) The Authority of the law, (4) Strikes, riots or quarantine, (5) The inherent nature or vice of the goods transported.
When shipping slabs, the slab fabricator or the driver has to inspect the slabs for color, shade, thickness, and overall condition before loading onto the truck. After the slab is loaded onto the truck, it is the driver’s responsibility to secure the slab without damaging, cracking or breaking. If Altura delivers the slabs, the slab fabricator must inspect the slabs for color, shade, thickness and overall condition before unloading off the truck. Altura does not accept returns on slabs.
Many of the products that we ship are fragile by nature. It is not unusual to have 2% - 3% of the tile broken to some degree (e.g. chipped edges, scratches). Scratched or damaged tile can still be installed when cut. Most damage only ever occurs on tiles and most tile is installed in a brick format, quite simply the when cut the damaged part of the tile can be discarded. Any amount up to 5% is still considered acceptable. These damaged tiles can be used for the cuts you will need to make. If breakage is above 5%, we would ask you to have it noted on the logistics receiving document and take pictures. Please make a claim with us within 10 days of receiving the order.
Customer must inspect, approve, accept or refuse all materials within 15-days of the purchase date.
Customer is responsible for the inspection and acceptance of materials prior to installation, as well as determining whether the materials are appropriate for a particular installation. Installed material may not be returned under any circumstance. Installation whether full or partial constitutes full acceptance of all goods. In addition if Customer does not inspect the product prior to installation, there can be no returns.
Altura reserves the right to refuse any and all returns if Customer does not first order a sample to verify the color, condition and suitability of the product.
There shall be no refunds or returns for custom, made to order, and special order products, other accessories as same may not be returned or cancelled for any reason whatsoever. Custom orders for any of our products and materials may not be cancelled, exchanged, or returned for any reason. Material that have been hand selected or culled through may not be returned. There can be no returns for slabs.
Stocked Altura brand items may be returned for credit within 10-days of receipt. Customer is responsible for freight costs back to the point of origin. All products approved for return will be charged 25% restocking fee.
Materials sold by full carton must be returned in the original packaging. All returns must be properly packed. Tiles submitted for return that are received by Altura in broken, damaged or installed condition, will not be credited. Any credits issued for returned items shall be at the sole and absolute discretion of Altura.
All returns must be authorized in writing, in advance by Altura. A copy of the Return Goods Authorization (RMA) must accompany the return for credit to be issued, along with an invoice copy, the original bill of lading or a packing slip.
DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
ALTURA DOES NOT WARRANTY ANY PRODUCT FOR ANY SPECIFIC USE OR INSTALLATION PROCEDURE OR MAINTENANCE PRACTICE. UPON PURCHASING OR INSTALLING OR USING ANY PRODUCT, BUYER WAIVES ALL CLAIMS RELATING TO THE PRODUCT, INCLUDING (BUT NOT LIMITED TO) ALL CLAIMS RELATING TO EXPRESS WARRANTIES AND/OR STATUTORY OR IMPLIED WARRANTIES, INCLUDING THE IMPLIED WARRANTY OF MERCHANTABILITY AND ALL IMPLIED WARRANTIES OF FITNESS AND WARRANTIES AGAINST HIDDEN OR LATENT DEFECTS. ALTURA DISCLAIMS ALL SUCH WARRANTIES. ALL PURCHASES ARE “AS IS,” “AS AVAILABLE” AND “WITH ALL FAULTS”. ALTURA SHALL NOT BE LIABLE FOR ANY SPECIAL OR CONSEQUENTIAL DAMAGES ARISING FROM THE OWNERSHIP, USE, POSSESSION OR MAINTENANCE OF ANY PRODUCT BY ANY PERSON OR OTHERWISE.
ALTURA’S MAXIMUM LIABILITY PURSUANT TO THESE TERMS AND CONDITIONS OF SALE SHALL BE LIMITED TO AND SHALL NOT EXCEED THE CONTRACT PRICE FOR THE GOODS AND MATERIALS PAID FOR AND RECEIVED BY THE CUSTOMER. TERMS AND CONDITIONS OF SALE INCLUDED HEREIN SHALL SUPERSEDE ANY TERMS PROVIDED BY CUSTOMER VIA PURCHASE ORDER OR OTHER TYPE OF AGREEMENT.
Customer agrees to indemnify, defend and hold harmless Altura and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms and Conditions of Sale or the documents they incorporate by reference, or Customer’s violation of any law or the rights of a third-party.
In the event that any provision of these Terms and Conditions of Sale is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms and Conditions of Sale, such determination shall not affect the validity and enforceability of any other remaining provisions.
PRODUCT DISCLAIMER; LIMITATION OF LIABILITY
Natural stone such as marble, limestone, travertine, onyx, granite are products of nature; and no two pieces of stone are exactly alike. Every piece of stone has unique natural variations, markings, shadings, and inclusions which can include fissures, pits, open or dry seams, fossils or glass veins, and differ in regard to moisture absorption, surface finish, texture and coefficient of friction. These are not defects but rather inherent characteristics of natural stone products, which may require periodic maintenance. All stone tiles and products should be sealed with a penetrating sealer prior to grouting to prevent the grout from staining the stone. It is further recommended that these stones be resealed as part of normal maintenance procedures.
Altura makes no expressed or implied warranty, for any particular use. Customer is responsible for determining slip resistance suitability and maintainability. These products inherently lack uniformity and are subject to variation in aesthetics, color, shade, size, finish, tint, hardness, strength, resistance, density, etc. All tile measurements are nominal.
Some products may be characterized by dry seams, pits, and fossils. In polished and honed stones, these pits are often filled during the manufacturing process or at the time of installation. These fills can occasionally pop out from normal wear and use. In these instances, it may be necessary to refill these voids as part of a normal maintenance procedure. Any samples submitted are with the understanding that these qualities are inherent in the nature of the product and are not to be considered latent defects. Altura disclaims any liabilities after installation.
Natural stones can be cleaned using warm water and a cloth. For deeper cleaning a mild detergent can be used. Do not use abrasive sponges or cleaning agents with strong chemicals as this may harm natural stone.
We recommend that each order include a minimum of 10% overage on any tile product. For tiles 24” x 48” and larger, a minimum of 20% overage is recommended. All stone will vary from samples, and from piece to piece.
Product categories and classifications such as marble, limestone, travertine, onyx, granite are based on generally accepted industry acceptance. They do not necessarily reflect the geological composition of the material. In many cases, these materials are technically made of a different geological makeup. For example, many stones are commonly known as granites, but geologically, they are actually Charnockites, Polimitic Mataconglomerates, and any of other various different geological stones. In addition, many stones commonly referred to as marble are geologically limestone. Products shown on the Site reflect the industry classification of products and do not necessarily reflect the geological composition. Altura makes no guarantee or representation of the geological composition of any stone. In addition, the category reflected on the Site, should not necessarily be used for customs classification. If the geological composition is of importance, we suggest getting the product tested by a scientific laboratory.
Natural stone requires blending, as they naturally vary from piece to piece and across different segments of your order. It is the responsibility of the installer to remove materials from packaging and dry lay out all materials to obtain Customer’s approval of the blend before any tile is installed. This procedure is common practice in the installation of tile and stone, and helps ensure the beauty of the finished installation. Altura wants our customers to be delighted with their finished rooms. Performance of a blended dry layout of your product is a critical step in ensuring optimal results. Some natural stone products may have epoxy coating on the back surface, which can require epoxy or modified thinset for proper installation.
Altura strongly recommends that you discuss these blending and dry layout guidelines with your contractor and installer prior to installation.
When a natural stone product is installed on a concrete slab at ground level, it is the responsibility of Customer and Customer’s installer to ensure that the slab is dry and fully cured and that a proper vapor moisture barrier is in place between the concrete slab and the stone product prior to installation. All shower floor substrates and twelve inches up the adjacent perimeter walls must have a waterproof membrane on the top surface of the fully cured mortar bed prior to tiling.
Samples requested and sent to customers are sent in effort to assist customers in product order selection. Samples received are not to be considered an exact representation of products and only used as a general idea of product appearance. Altura assumes no responsibility for any errors or perceived misrepresentations resulting from mislabeled or inconsistent product samples. Please be advised that images and products depicted on the Site are not meant to be exact representations of product appearance, and may vary significantly depending on your chosen viewing device.
CALIFORNIA PROPOSITION 65
Marble Dust. When cutting natural stone, please use common sense, be careful not just of your fingers, limbs and anything else that a saw might cause damage too. But also use the correct breathing equipment. Marble dust is not good for you. Breathing it in all day and night is not good for you. Even with a wet-saw containing most of the dust. Products sold at Altura may contain chemicals, including stone dust, which are known to the State of California to cause cancer, birth defects or other reproductive harm.
The failure of us to exercise or enforce any right or provision of these Terms and Conditions of Sale shall not constitute a waiver of such right or provision.
These Terms and Conditions of Sale and any policies or operating rules posted by us on the Site or in respect to our products and services constitutes the entire agreement and understanding between you and us and govern your purchase of products and services, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of Terms and Conditions of Sale).
Any ambiguities in the interpretation of these Terms and Conditions of Saleshall not be construed against the drafting party.
These Terms and Conditions of Sale and any separate agreements whereby we provide you with our products and services shall be governed by and construed in accordance with the laws of the United States.
Any suit, action, or proceeding arising out of, or relating to these Terms and Conditions of Sale must, and exclusively shall, be commenced and maintained in the Superior Court of the State of Georgia, and each Party consents to such jurisdiction and venue. Service of process in any such suit, action, or proceeding shall be deemed sufficient and binding if served by certified mail at the addresses set forth at the beginning of this Agreement. The prevailing party in any such proceeding, or in any proceeding filed to enforce the terms of this Agreement shall be entitled to recover from the non-prevailing party its costs, including reasonable attorneys’ fees, incurred in connection with such proceeding.
By placing your order, you agree to be bound by the terms and conditions set forth above.
CHANGES TO TERMS OF SERVICE
You can review the most current version of these Terms and Conditions of Sale at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms and Conditions of Sale by posting updates and changes to the Site. It is your responsibility to check the Site periodically for changes.
Questions about the Terms and Conditions of Sale should be sent to us at email@example.com.