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 and at Custom Tiles, LLC’s prices in effect at the date or dates of individual orders as indicated on our website (www.custom-tiles.com).
Due to the custom nature of our services, all orders are paid for in advance. Editing charges may need to be added to the tile costs if excessive image editing is required. 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. Any outstanding balances and interest charges will be the sole liability of the customer. All bills are due and payable upon presentation. The customer agrees that if Custom Tiles, LLC takes action at any time to collect any overdue sums, the customer will pay reasonable traveling expenses, collection and attorney’s fees incident thereto.
Any customer order is expressly conditioned upon customer’s agreement that Custom Tiles, LLC’s standard terms, covenants, and conditions hereof constitute a complete statement of the contract between the parties unless other conditions are expressed in invoices or correspondence from Custom Tiles. The terms and conditions expressed will supersede and override all contractual terms and conditions of the other contracting party howsoever and whenever communicated.
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 and/or included in product shipment or (2) evaluation samples of the product; and 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 tested such samples and be deemed to have accepted all performance properties related to the product for Customer’s application.
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, either express or implied. It is expressly understood by Customer that all such recommendations, statements, and technical data are provided without charge to Customer and are given by Custom Tiles, LLC and accepted by Customer on the basis that Customer shall perform its own evaluation and testing to determine suitability and applicability of such products.
Various materials will image differently and produce different color patterns than other substrates. The natural coloring and sheen of the material used will affect on 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 of the same image can also affect expectations, so we emphasize use of ‘proof’ tiles for important color matches (on-screen and printer color may vary from actual colors). 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 which will affect the match between various imaged products, or in the same piece. These variations must be accepted as the character of the 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 your color match requirements are critical.
Although Custom Tiles, LLC utilizes the finest materials including UV inhibitors in our glazes, color changes in products due to ozone, degassing, and aging of the material will occur nevertheless in some products. For long term outdoor 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 packing 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.
Digital files should be at least 240 ppi (100-500 MB files are not uncommon) or as large as possible. We prefer tiff, psd, jpg and non-interlaced png. Our service is personal and friendly – call 434-660-7170 to discuss your tile project and picture questions. Our aim is to insure the highest possible image quality.
If you do not have the digital image sizes recommended, send the largest size you can; we will check its suitability for your project. For backsplash sized tile murals and for ornaments and pendants, 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.
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 customer’s artwork. Customer assumes the responsibility for uses of any design, trademark, trade name, or part thereof, appearing on the products at customer’s request.
When reordering, please state approximate original purchase date. Art will remain on file for 12 months. Reorders after 12 months are subject to new art requirements and setup. Replacement or reordered printed tiles are similar to batches of paint in that all needed quantities should be ordered for production at the same time due to differences which may occur in subsequent production runs.
All prices are wholesale, FOB Custom Tiles, LLC, Altavista, VA. Shipping will be arranged typically through UPS Ground or FedEx unless otherwise specified and agreed at time of order.
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 signing for the shipment or notify carrier within 24 hours to initiate your claim. Instructions for handling damage claims are included with the shipment (except freight) and provide contact information for the carrier. Make note of the claim number 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 days and include the claim number of the carrier. Custom Tiles, LLC nor the carrier will be liable for refunds or credits for lost or damaged merchandise unless you follow the proper claim procedure.
TITLE TO MERCHANDISE
Title to merchandise shall pass to the buyer upon delivery by Custom Tiles, LLC to the carrier. For the purpose of risk or loss, all shipments are FOB factory. Buyer acknowledges that once Custom Tiles, LLC delivers 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.
(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 at the rate of 5% per month, retroactive.
SHORTAGE AND DAMAGE CLAIMS
Shortage claims must be reported within 48 hours from shipment delivery. If the goods are damaged by the carrier while in transit, the buyer has the sole obligation of seeking any appropriate recourse against the carrier. Please notify Custom Tiles, LLC ASAP as we may be able to assist in the claims process. As noted above, instructions for handling damage claims are included with the shipment and provide contact information for the carrier. Custom Tiles, LLC will be pleased to replace goods after the claims process is initiated.
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 in respect of which such damages are claimed.
No warranty is expressed or implied without independent documentation that substrate preparation and complete installation was 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 packing 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.
Governing Law, Consent to Jurisdiction and Venue: These terms and conditions of service and the relationship of the parties shall be construed according to the laws of the 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 by Custom Tiles shall only be brought in said courts;
(c) consent to the exercise of in personam jurisdiction by said courts over it, and
(d) further agree that any action to enforce a judgment may be instituted in any jurisdiction.