''Black And White Tile''
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TERMS OF SALE


1. ORDER ACCEPTANCE POLICY
2. PAYMENT TERMS
3. SHIPPING
4. TAXES
5. TITLE; RISK OF LOSS
6. WARRANTIES
7. DISCLAIMER
8. LIMITATION ON DAMAGES
9. MONEY BACK GUARANTEE FOR 30 DAYS
10. CURRENCY
11. GOVERNING LAW
12. ARBITRATION
13. OTHER DOCUMENTS
14. TERMS OF USE
15. HEADINGS

PLEASE READ THIS DOCUMENT CAREFULLY. IT CONTAINS IMPORTANT INFORMATION ABOUT YOUR RIGHTS AND OBLIGATIONS, AS WELL AS LIMITATIONS AND EXCLUSIONS THAT APPLY TO YOU.
This Agreement contains the terms and conditions that apply to customers for purchases from BlackandWhiteTile.Com (hereinafter referred to as "BlackandWhiteTile.Com") and the BlackandWhiteTile.Com 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 BlackandWhiteTile.Com, and/or the BlackandWhiteTile.Com Internet Website hereinafter named the "Site." As a condition of sale, Customer agrees to be bound by and accepts these terms and conditions. These terms and conditions apply (i) unless Customer has signed a separate formal purchase Agreement with BlackandWhiteTile.Com, in which case the separate Agreement shall govern; or (ii) unless other BlackandWhiteTile.Com standard terms apply to the transaction as noted herein or elsewhere. These terms and conditions are subject to change without prior written notice at any time, in BlackandWhiteTile.Com's sole discretion. Your acceptance of these terms and conditions of sale is included in your acceptance of the terms and use of this website.

1. ORDER ACCEPTANCE POLICY
Customer's receipt of an electronic or other form of order confirmation does not signify BlackandWhiteTile.Com's acceptance of Customer's order, nor does it constitute confirmation of BlackandWhiteTile.Com's offer to sell. All orders are accepted in California, USA. BlackandWhiteTile.Com 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, and/or breach by Customer of this Agreement. If payment has been remitted for the purchase and BlackandWhiteTile.Com cancels Customer's order, BlackandWhiteTile.Com shall forthwith issue a refund equal to the amount remitted for the unaccepted or cancelled order. If you refuse an order, you will be charged the actual original freight cost*, the return freight cost, and a 30% re-stocking and/or cancelation fee may apply.

2. PAYMENT TERMS
Terms of payment are within BlackandWhiteTile.Com's sole discretion and unless otherwise agreed to by BlackandWhiteTile.Com, payment must be received or otherwise authorized or secured in a form approved by BlackandWhiteTile.Com prior to BlackandWhiteTile.Com's 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 BlackandWhiteTile.Com. Invoices are due and payable by the payment date(s) specified through electronic (including but not limited to e-mail), facsimile (fax) and/or verbal confirmation between BlackandWhiteTile.Com and the customer. BlackandWhiteTile.Com may invoice parts of an order separately. Orders are not binding upon until accepted by BlackandWhiteTile.Com (see Order Acceptance Policy). Any quotations given by BlackandWhiteTile.Com will be valid for the period stated on the quotation. BlackandWhiteTile.Com reserves the right to adjust or cancel quotations as required.

3. SHIPPING

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. Shipping rates are for standard pick-up and delivery only. 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 BlackandWhiteTile.Com's suppliers, BlackandWhiteTile.Com 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 BlackandWhiteTile.Com within twenty-four (24) hours from the date the shipment was delivered. (see 8. "Limitations on Damages" or email: Claims@BlackandWhiteTile.Com. BlackandWhiteTile.Com 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. For goods ordered by the pallet or truckload and returned under our 30-Day Money Back Guarantee, BlackandWhiteTile.Com shall arrange for and incur all shipping charges. In the unlikely case that goods are damaged, BlackandWhiteTile.Com will arrange to either re-ship product (at the company's expense) or provide to the customer a compensation credit for the value of the goods damaged.

 

MAIN POINTS

  • Most orders arrive around 7-10 business days after the date of purchase.
  • NEVER refuse a shipment.
  • Inspect the material thoroughly.
  • Receive and inspect material before scheduling installation.

 

CARRIER

We use a variety of LTL carriers throughout the US. All carriers that we use have a website that provides contact information for customer service and has the ability to track shipments. For small orders items may be shipped through a ground service (i.e. FedEx or UPS).

 

PRICING

  • We have a minimum LTL shipping charge around $160 for all orders depending on your location.
  • Shipping charges are based on three things
    1. Delivery Location
    2. Order Weight
    3. Delivery Type: Business or Residential
  • The actual shipping charges can be found during the Checkout Process. We ask that you choose your ship-to zip code region during checkout to determine the actual shipping charge. The region is based on the first number of your delivery zip code.

 

SCHEDULING INSTALLATION

  • We recommend receiving and inspecting all material prior to scheduling installation with an installer or contractor.
  • It is standard practice to replace any noted damaged, missing, or incorrectly shipped products. We expedite replacements to the best of our ability but we will not be liable for any losses incurred due to project delays.

 

DELIVERY TYPE

  • Residential Delivery
    • A location that is not zoned commercial
    • Carries an additional $50 fee
    • Trucking carriers impose additional shipping costs to residential addresses because they have to switch to a smaller truck due to not being able to use 18-wheelers to deliver to limited access areas.
    • All orders are curbside delivery; when a lift gate is not provided it is the responsibility of the customer to unload the material.
    • Drivers are unable to enter your home. Customers are responsible for moving all materials inside the home, so please plan accordingly
    • Does not include a lift gate (usually $75 - $250 charge) - call for more information. This is an optional service
  • Business Delivery
    • Any non-residential area
    • Must have a loading dock or a forklift on site
    • Terminal pickup (Once a shipping carrier is determined, we will alert you with instructions for local terminal pickup)

 

UPON DELIVERY

  • NEVER refuse a delivery. Refused shipments are subject to additional shipping costs, cancelation and restocking fees. Any damages from refused deliveries are non-refundable, and because it was refused, would not be noted. We are not responsible for any costs associated with a refused delivery.
  • Inspect the material THOROUGHLY. Customers are responsible for noting on the delivery receipt any damaged or missing items.
  • Check your invoice or your order confirmation to verify that you have received the proper quantity of materials. If you believe that there are missing materials that were not shipped, please make sure you note those items.
  • The driver cannot leave until the customer signs the receipt so please BE THOROUGH.
  • You the customer are allotted a "reasonable" amount of time to inspect the delivery
  • If you failed to note any issue on the Proof of Delivery Receipt, BlackandWhiteTile.Com cannot be held responsible for any damaged, missing or incorrect items.
  • BlackandWhiteTile.Com cannot be held responsible for any carrier who fails to meet their scheduled delivery appointment time. Any losses must be filed directly with the carrier.

 

TRACKING

  • You can also call us for that information at our tall free number 1-877-845-3932.
  • An 'Order Tracking' email is then sent the day after the shipment is picked up, which will include the carrier, tracking number, customer service number and an estimated arrival date.
  • The carrier will contact you when the material arrives at the local terminal to set up a delivery time. However, we encourage you to contact the carrier as soon as your receive the 'Order Tracking' email and schedule a convenient delivery time.

 

DAMAGE POLICY

  • In detail on the receipt, mark the items that are damaged or missing and ask the driver to sign it.
  • Notify us of the damage within 24 hours from the date of delivery.
  • Once claim is approved, the damaged or missing items noted on the receipt will be reordered and shipped as quickly as possible. Note: It usually takes 5 business days to approve a claim.
  • Keep all material, including paperwork and boxes. Once reported, the damaged material is the property of the carrier, by law, and they have 120 days to decide if they wish to inspect, pick up or advise to discard the damaged material.
  • Take pictures of the damaged items and boxes.
  • If damaged or missing items are not noted on the receipt, BlackandWhiteTile.Com cannot be held responsible for any damaged or missing items. If the receipt is not marked, the only manner to file a claim is through the carrier.
  • If you install any of the product that has imperfections or damage, that will void the warranty and our guarantee. BlackandWhiteTile.Com will not accept any of the material for return that has been installed.

 

SMALL PACKAGE GROUND SHIPMENTS

  • If an item is shipped through a small package ground service (i.e. FedEx or UPS) customers will not always have the opportunity to inspect the items before they are dropped off. If damages occur to any packages please adhere to the following:
    • Contact BlackandWhiteTile.Com within 48 hours of delivery.
    • We are unable to handle claims submitted 48 hours after delivery.
    • Handle the items as little as possible and leave material in their original boxes.
    • Take pictures of the boxes.
    • Wait for a representative to come and inspect the items.

 

ADDITIONAL CHARGES

  • Note: Customer will be notified about additional charges prior to shipping.
  • When a customer marks a residential delivery location as a business delivery.
  • When a shipment is refused.
  • If customers cannot be contacted by a shipping carrier to schedule a delivery.
  • If the customer has the shipment delivered to a nearby terminal and does not pick up the material in accordance with the terminal's definition of a "timely manner." (This usually is a 3 business day time period).
  • The customer gives an incorrect shipping address. Customer will be charged according to the fees BlackandWhiteTile.Com is charged to implement the correction.
  • Customers living inside large metropolitan areas.
  • Customers living outside the contiguous United States.


4. TAXES
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 BlackandWhiteTile.Com's invoice.

5. TITLE; RISK OF LOSS
Title to product passes from BlackandWhiteTile.Com to Customer upon completion of shipment of product to Customer by BlackandWhiteTile.Com, unless otherwise stated in terms of purchase (e.g. Letter of Credit). Loss or damage to products that occurs during shipping by a carrier selected by BlackandWhiteTile.Com is BlackandWhiteTile.Com's responsibility.

6. WARRANTIES
All warranties set out are Manufacturer-specific warranties only. The limited warranty applicable to each product sold by BlackandWhiteTile.Com is set out under the heading "Warranty" located on the BlackandWhiteTile.Com Site where each product is described. Such limited warranty applies to each sale by BlackandWhiteTile.Com of that respective product. BlackandWhiteTile.Com makes no express warranties except those stated in this agreement and in BlackandWhiteTile.Com's applicable warranty statement in effect on the date of the invoice. Any such warranties will be effective, and BlackandWhiteTile.Com will be obligated to honor any such warranties, only upon BlackandWhiteTile.Com's receipt of payment in full for the item to be warranted. Before returning any item, Customer must contact BlackandWhiteTile.Com's Claims Department for a Warranty Authorization (WA) number within the allowable period specified by the manufacturer of the product (see product-specific "Warranty"). The WA number is valid only for the product described therein. The product returned must match the product authorized for return. Customer must ensure that all returns are received by the manufacturer/supplier within thirty (30) days of obtaining the WA number. All shipping arrangements for returns or exchanges must be processed through BlackandWhiteTile.Com's Logistics Department. Customer is responsible for all shipping and handling charges of warranty returns, except where the manufacturer of the product has agreed to pay for such costs or as outlined under product "Warranty." Whenever possible or as outlined under "Warranty," all items must be in "as new" condition, in original packaging and with all warranty cards, manuals and accessories. The original packing slip must be included and the WA number visible on the package. BlackandWhiteTile.Com may require a short written explanation and a photograph or digital image of the defective product. In some cases, an on-site inspection of the product will be required. BlackandWhiteTile.Com's Claims Department will advise Customer of the details specific to the warranty claim. Please note: the manufacturer’s warranty and our guarantee will be found void if you install material that later is found to contain imperfections or damage. Please inspect all materials before installation. BlackandWhiteTile.Com will not accept any of the material for return that has been installed. All returns must contain exactly the same quantities as purchased.

7. DISCLAIMER
the warranties set out in this agreement are manufacturer-specific warranties for the product(s). BlackandWhiteTile.Com expressly disclaims all other warranties, guarantees or representations, whether express, implied, or statutory, including any implied warranty of merchantability or fitness for a particular purpose. BlackandWhiteTile.Com also disclaims any implied warranty arising out of trade usage or out of a course of dealing or course of performance. BlackandWhiteTile.Com does not warrant that the product(s) will be error-free, or warrant that each defect will be corrected. BlackandWhiteTile.Com does not warrant that all products comply with specific geographical compliance or regulatory restrictions. it is customer's responsibility to ensure that use of products purchased complies with local jurisdiction codes and with all regional, national and international laws and regulations. BlackandWhiteTile.Com further disclaims any patent/intellectual property rights, warranties or indemnities with respect to any locking/connecting system(s) used by manufacturers of laminate, engineered wood, or other products sold by BlackandWhiteTile.Com.

8. LIMITATION ON DAMAGES
the warranties set out in this agreement are manufacturer-specific warranties for the product(s). BlackandWhiteTile.Com expressly disclaims all other warranties, guarantees or representations, whether express, implied, or statutory, including any implied warranty of merchantability or fitness for a particular purpose. BlackandWhiteTile.Com also disclaims any implied warranty arising out of trade usage or out of a course of dealing or course of performance. BlackandWhiteTile.Com does not warrant that the product(s) will be error-free, or warrant that each defect will be corrected. BlackandWhiteTile.Com does not warrant that all products comply with specific geographical compliance or regulatory restrictions. it is customer's responsibility to ensure that use of products purchased complies with local jurisdiction codes and with all regional, national and international laws and regulations. BlackandWhiteTile.Com further disclaims any patent/intellectual property rights, warranties or indemnities with respect to any locking/connecting system(s) used by manufacturers of laminate, engineered wood, or other products sold by BlackandWhiteTile.Com.

9. MONEY BACK GUARANTEE FOR 30 DAYS:
Truckload or pallet orders for USA and Canadian customers:
BlackandWhiteTile.Com has money back guarantee for 30 Days for truckload or pallet orders for USA and Canadian customers to make sure you are completely happy with your purchase with us. Simply return your product for any reason within 30 days of your purchase and get a full refund excluding shipping costs. The product must be returned in the exact same quantity and exact same condition as it was at the time of arrival. The items must not have been installed, removed, and then returned. Pick up of the returned material will be arranged by BlackandWhiteTile.Com at no cost to you. This guarantee applies to all regular BlackandWhiteTile.Com products only and does not apply to clearance items, custom made and special orders. A 30% re-stocking and/or cancelation fee may apply. Please note: the manufacturer’s warranty and our guarantee will be found void if you install material that later is found to contain imperfections or damage. Please inspect all materials before installation. BlackandWhiteTile.Com will not accept any of the material for return that has been installed. All returns must contain exactly the same quantities as purchased.

Imported Container Load Orders:
You can cancel your order and get a full refund until you approve the Inspection Report. We offer you complete inspection of your container for your satisfaction. After you approve the Inspection Report, the shipment is loaded to overseas seagoing vessel and thus order cancellation is no longer available.

10. CURRENCY
All references to monetary amounts, including prices, on the BlackandWhiteTile.Com Website (the "Site") and in this Agreement shall be in U.S. currency.

11. GOVERNING LAW
This Agreement and any sales thereunder shall be governed by the laws of California applicable therein, without regard to conflict of laws rules. BlackandWhiteTile.Com and Customer exclude the application of the United Nations Convention on Contracts for the International Sale of Goods to this Agreement. The Site (excluding linked Web sites) is controlled by BlackandWhiteTile.Com from its offices within the State of California, USA. The Site can be accessed from all states of USA, all provinces and territories of Canada, as well as from other countries around the world. As each of these jurisdictions, have laws that may differ from those of the State of California, by accessing the Site, the user agrees that all matters relating to access to, or use of, the Site, or any other hyperlinked Web site, shall be governed by the laws of the State of California and the federal laws of USA. The user also agrees and hereby submits to the exclusive personal jurisdiction and venue of the courts of State of California and acknowledges that the user does so voluntarily and is responsible for complying with local laws.

12. ARBITRATION
All disputes arising out of or in connection with this Agreement shall be referred to and finally resolved by a single arbitrator.

13. OTHER DOCUMENTS
Other than as specifically provided in any separate formal purchase Agreement between Customer and BlackandWhiteTile.Com, these terms and conditions may NOT be altered, supplemented, or amended by the use of any other document(s). Any attempt to alter, supplement or amend this document or to enter an order for product(s) which is subject to additional or altered terms and conditions will be null and void, unless otherwise agreed to in a written Agreement signed by both Customer and BlackandWhiteTile.Com.

14. TERMS OF USE
Your access to, and use of the Site is governed by BlackandWhiteTile.Com's Terms of Use. By using this Site, you signify your acceptance without modification of these Terms of Use. The Terms of Use are subject to change without prior notice at any time, in BlackandWhiteTile.Com's sole discretion so you should frequently review the Terms of Use and applicable policies from time to time to understand the terms and conditions that apply to your use of the Site. In the event of any inconsistency between this Agreement and the Terms of Use, the terms of this Agreement shall prevail.

15. HEADINGS
The section headings used herein are for convenience of reference only and do not form a part of these terms and conditions, and no construction or inference shall be derived therefrom.