Terms and Conditions
Customers of Custom Tiles, LLC agree to the following terms and conditions:
TERMS OF SALE
Custom Tiles, LLC seeks to continually improve and refine its products and offerings. We reserve the right to make changes in materials, specifications, design and pricing. Orders are accepted subject to product availability at prices in effect at the date of the orders indicated on our website (custom-tiles.com) or invoice. This sitemap can link you to cost information and the RFQ form.
Due to the custom nature of our services, all orders are paid for in advance. Editing charges may be involved for excessive image editing is required (pre-authorization will be sought). Under certain circumstances, Custom Tiles, LLC may complete an order prior to full payment. In these cases, a balance-due invoice will be issued payable at shipping. All bills/invoices are due and payable upon presentation unless a prior written agreement exists. Invoices or debts which are not fully paid within ten days are subject to monthly 1.5% interest.
All taxes or fees are the responsibility of the buyer/customer. Custom Tiles does not collect and redirect taxes or fees to the proper authorities. The customer agrees that if Custom Tiles, LLC takes action at any time to collect any overdue sums, the customer will pay reasonable expenses for collection thereof.
All customer orders are expressly conditioned upon customer’s agreement that Custom Tiles, LLC’s herein expressed terms and conditions constitute a complete statement of the contract and/or agreement unless other conditions are expressed in invoices or correspondence from Custom Tiles. These terms and conditions supersede and override all contractual terms and conditions of the customer howsoever and whenever communicated. Issuance of customer’s purchase order(s) and/or acceptance of goods verifies agreement to these Terms and Conditions.
PRODUCT and REPRESENTATIONS
Customer acknowledges receipt of (1) technical documentation, handling, and installation instructions regarding the use of the specific Custom Tiles, LLC product purchased by Customer through our website, email, personal discussion and/or included in product shipment or (2) evaluation samples of the product. Unless Custom Tiles, LLC is notified immediately in writing by Customer to the contrary, Customer will be deemed to have read and understood the contents of same, or if evaluation samples were delivered then Customer will be deemed to have accepted all performance properties related to the Customer’s application. Custom Tiles encourages buyers to order a sample tile or tiles for review and selection. Seeing samples will assist buyer to know what to expect and prevent any disappointments. Custom tile orders are non-refundable and non-returnable. Please note: printed tile is produced by artisans and each tile is created individually, so it is normal to expect some tonal variations of color and detail in any batch of tile. It is the inherent nature of ceramics to exhibit these qualities and characteristics. Tonal variations are not valid for claims or refunds.
All recommendation, statements, and technical data regarding Custom Tiles, LLC’s products are based on tests which Custom Tiles, LLC believes to be reliable and correct but accuracy and completeness of such tests and the results thereof are not guaranteed and are not to be construed as a warranty expressed or implied. Customer accepts that all such recommendations, statements, and technical data are provided on the basis that Customer shall perform its own evaluation and testing to determine suitability of products. These terms and conditions supersede and override all contractual terms and conditions of the other contracting party howsoever and whenever communicated.
COLOR MATCHING
Various materials will image differently and produce different color patterns than other substrates. The natural coloring and sheen of the material used will affect the final appearance. If color matching is of great importance, submit a color sample to us and order an adequate number of tiles for approval prior to production. Natural substrate variations must be allowed for and accepted in the results. Differences in computer monitor renderings and photos of the same image will also affect expectations, so we emphasize use of ‘proof’ tiles for important color matches. An acceptable proof is signed-off by the customer and returned to custom-tiles to serve as a guide for production.
Tumbled Marble: Custom Tiles, LLC cannot guarantee or be responsible for the color and graining variations that may occur in the natural beauty of tumbled marble. These variations must be accepted as the unique character of marble and not as defects.
Outdoor Tiles are printed with a lightfast, chemically inert series of pigments which exhibit high resolution, sharp imaging qualities. However, the color gamut is more limited than the interior tile colorants, resulting in more muted color saturation. Although these are the cleanest, brightest pigments for this purpose, we advise that for bright, richly colored artwork, you consider ordering proof tiles if color matching is critical.
COLOR STABILITY
Although Custom Tiles, LLC utilizes the finest materials including UV inhibitors in our glazes, color changes in products from to high heat exposure, ozone, degassing, strongly reflected UV and aging of the material may due to environmental conditions. For long term UV and heat exposure, be sure to use our outdoor grade kiln-fired tile product, not our ‘interior’ or ‘interior floor tile’ product lines.
ORDER PLACEMENT/MINIMUM QUANTITIES
Custom Tiles, LLC requires that all orders be submitted through our online ordering process with additional information submitted by email, if required.
“Minimum Quantities” as specified elsewhere on the website apply to the dollar amount equivalent to the tile quantity of each noted tile type. This is to cover the investment each order requires for:
Pre-print graphics work
Set up and change-over time
Careful packaging and sufficient packing material
The minimum dollar amount must be charged to process the order. We do not want to sacrifice quality in order to produce at low prices. Your custom printed tiles should be given the time and attention needed for quality. If orders are entered incorrectly by selecting a quantity below the minimum, the customer will experience delays in processing.
ARTWORK SPECIFICATIONS
Digital files should be at least 240 ppi scaled at full design/mural layout size. We prefer tiff, psd, jpg and non-interlaced png. Our service is personal and friendly – call 1-434-660-7170 to discuss your tile project and picture file questions. Our aim is to insure the highest possible image quality.
If you do not have the digital image sizes recommended, send the largest file size you can; we will check its suitability for your project. For small backsplash murals, jpg’s attached to email may be sufficient. We examine the artwork and notify the customer of any concerns or potential problems.
You may send art or photos for us to scan. All work must be flat or rolled (no frames or glass). We will return the original. Package carefully! If extensive editing or scanning is required, it is performed at an hourly rate of $45 with a $45 minimum.
COPYRIGHT
All images supplied to Custom Tiles, LLC are the customer’s responsibility as to copyright and permission for reproduction, not the responsibility or liability of Custom Tiles, LLC. When customer provides Custom Tiles, LLC with art, photography, or logo(s), Custom Tiles, LLC assumes that said submitted artwork is in full compliance with the laws governing copyright, trademark, service mark, right of privacy, patent or similar protection. The customer agrees to defend, indemnify, and hold Custom Tiles, LLC harmless from any liability or claims for damages including all costs, and/or expenses of same, including reasonable attorney’s fees and court costs arising as a consequence of our use of the artwork. Customer assumes the responsibility for uses of any design, trademark, trade name, or part thereof, appearing on the products at customer’s request.
ORDERING AND DELIVERY OF CUSTOM TILES
REORDERS
When reordering, please state approximate original purchase date. Art will remain on file for 12 months. Reorders after 12 months may be subject to new art requirements and setup. Printing tiles is similar to producing batches of paint in that all needed quantities should be ordered for production at the same time; differences may occur in subsequent production runs.
SHIPPING INFORMATION
All prices are wholesale, FOB Custom Tiles, LLC, Altavista, VA. Shipping will be arranged typically through UPS Ground, FedEx or Old Dominion Freightlines unless otherwise specified and agreed to in writing. For international shipments, customer assumes responsibility for customs duties, fees, VAT and all other expenses ex works USA 24517.
DELIVERY REQUIREMENTS
Except for freight shipments, all shipments are made without requirements for customer’s signature unless otherwise specified and agreed at time of order. Please note any damage to packaging, contents, or missing pieces before accepting the shipment or notify the carrier within 24 hours to initiate your claim. Instructions for handling damage claims are included with the shipment (except freight). Make note of the BOL or tracking number if the carrier does not immediately provide a claim number.
Loss or damage must be reported to Custom Tiles, LLC in writing (email is preferred) within 10 calendar days and include the claim number or bill of lading number of the carrier. Custom Tiles, LLC will not be liable nor act on behalf of the carrier for refunds or credits for lost or damaged merchandise unless the proper claim procedure is followed.
TITLE TO MERCHANDISE
Title to merchandise shall pass to the buyer upon submission by Custom Tiles, LLC to the carrier except when there is a balance due to Custom Tiles. Customer/buyer acknowledges that once Custom Tiles, LLC transfers the goods to the carrier, title to the goods and risk of loss will pass to the buyer.
GENERAL LIEN AND RIGHT TO COLLECT
(a) Any and all property of Customer shall have a general and continuing lien for monies owed to Custom Tiles, LLC with regard to the product, services, and delivery costs incurred.
(b) Custom Tiles, LLC shall provide written notice to Customer of its intent to exercise such lien, the exact amount of monies due and owing, as well as any on-going storage or other charges for which the Customer is responsible.
(c) Unless, within thirty days of receiving notice of lien, Customer posts cash, Custom Tiles, LLC shall have the right to collect principal plus interest charges and all other expenses at the rate of 1.5% per month, retroactive.
SHORTAGE CLAIMS
Shortage claims must be reported within 24 hours from delivery.
DEFECT – LIABILITY
Custom Tiles, LLC shall not be liable for any special, indirect, incidental, or consequential damages. Custom Tiles, LLC’s liability and Customer’s exclusive remedy for any cause of action arising out of this Agreement, and the products or services provided under it, whether in contract, in tort, under warranty or otherwise is expressly limited to, at Custom Tiles, LLC’s option, replacement of the non-conforming products at the FOB point stated herein or credit not to exceed the purchase price of the products for which such damages are claimed.
WARRANTY CONDITIONS
No warranty is expressed or implied without independent documentation that substrate preparation and complete installation was performed in accordance with current recommendations of the Tile Council of North America.
DEFECTIVE MATERIALS AND RETURNED GOODS POLICY
All items to be returned to Custom Tiles, LLC must receive prior approval and are subject to inspection. All items to be returned must be packed in the original packaging or similar secure packing. Once the item is returned it will be inspected, and any appropriate credits or replacement will be issued. NO CREDIT OR REPLACEMENTS will be issued on unauthorized returns.
Regarding on-site inspection: Custom Tiles, LLC will investigate your claim and within thirty (30) days of notification will take appropriate action. Custom Tiles, LLC may charge an inspection fee for any onsite inspection that is required or requested. We prefer that the product in question be returned to Custom Tiles, LLC for more prompt resolution.
Consumer Protection
We encourage the buyer to be explicit in all pertinent details of the tile installation environment and performance requirements. Our personal interest is to provide the best technology and performance characteristics. Please take the time to elaborate the significant details for a functional and aesthetically pleasing result.
The buyer and/or buyer’s representative or agent agrees to indemnify and hold harmless Custom Tiles and its affiliates (officers, employees and assigns, collectively, the “Indemnified Parties”) from and against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including reasonable attorneys’ fees, fees and the costs of enforcing any right to indemnification under this agreement, and any costs incurred by the Indemnified Parties in connection with any claim.
Governing Law, Consent to Jurisdiction and Venue
These terms and conditions and the relationship of the parties shall be construed according to the laws of The Commonwealth of Virginia without giving consideration to principles of conflict of law.
Customer and Custom Tiles:
(a) irrevocably consent to the jurisdiction of the United States District Court and the State courts of Virginia
(b) agree that any action relating to the services performed and materials supplied by Custom Tiles shall only be brought in said courts;
(c) consent to the exercise of in personam jurisdiction by said courts, and
(d) further agree that any action to enforce a judgment may be instituted in any jurisdiction.