Iberia Tiles, LLC INFORMATION AND CONDITIONS FOR SALE
THESE TERMS AND CONDITIONS SUPERSEDE ANY CONTRARY PROVISIONS STATED ON YOUR PURCHASE ORDER OR SIMILAR DOCUMENT
I. TERMS:
SALES ARE MADE ON A CASH BASIS ONLY, UNLESS PRIOR CREDIT ARRANGEMENTS HAVE BEEN MADE. Please call or write to our credit department for a credit application. BALANCES UNPAID AFTER 30 DAYS FROM THE DATE OF INVOICE WILL BE SUBJECT TO INTEREST OF 1 1/2 PER MONTH, or the maximum allowed by Florida and Georgia law, including The Georgia Prompt Pay Act and O.C.G.A. Section 13-11-7, and/or other comparable payment laws in states in which Iberia Tiles, LLC (hereafter Iberia") supplies materials and/or furnishes labor. Such balances unpaid after 30 days from the date of invoice wilt also be subject to expenses incidental to collection, including reasonable attorney’s fees, and all amounts recoverable under Florida and Georgia law, including The Georgia Prompt Pay Act and O.C.G.A. Section 13-11-7, and/or other comparable payment laws in states in which Iberia supplies materials and/or furnishes labor. A CHARGE OF $25.00 WILL BE ASSESSED ON EACH "NON SUFFICIENT FUNDS" CHECK RETURNED BY THE BANK and the account will be placed on "certified funds only" status. Customer grants Iberia a security interest under the Uniform Commercial Code in the goods purchased from Iberia as security for customer's obligations to Iberia.
Iberia and Customer agree that all purchases of materials, including the initial and any subsequent requests, orders or purchases, by Customer from Iberia that relate to the same Project constitute a single contract and a "running account," and are governed by the terms of this Agreement.
II. PRICES:
Unless otherwise specified, PRICE QUOTED FOR GOODS IS F.O.B. IBERIA warehouse locations (Miami, Florida; Pompano, Florida; Norcross, Georgia) without storage. Customer assumes risk of loss for goods at time of Shipment. All prices on our price list are shown without applicable federal, state or local taxes. Iberia reserves the right to change prices and conditions of sale without notice. Unless otherwise specified in wñting, prices quoted are good for 30 days and subject to the availability of material.
III. ACCEPTANCE AND FILLING OF ORDERS:
All orders, whether solicited or unsolicited, are subject to Iberia's acceptance, in whole or in part, upon their receipt by Iberia and are subject to Iberia's ability to fill any orders so accepted.
All unfilled orders are subject to the conditions of sale in effect on date of shipment.
Iberia will be under no liability for its failure to fill any accepted order when such failure is due to causes and contingencies beyond its control, including, but not limited to, delays in production or shipping, strikes, labor troubles, wars domestic or foreign, fire, floods, storms, explosions, accidents, sabotage, inability to obtain essential material or equipment, and orders or requisitions by tile United States Government. It is understood and agreed by Customer that in no event shall Iberia be liable for direct, resultant, incidental, consequential or any other damages.
IV. SHIPPING:
Specify on your order whether shipment is to be made by United Parcel Service or common carrier, or whether you will pick up. When no instructions are given, our shipping department wili presume that you will not pick up, and will use its best judgment to select the method of transportation. All shipments will be freight collect unless prior arrangements for freight prepaid are made. There is a packing charge of $5.00 per package for all United Parcel Service or any other carrier shipments. V. PACKAGING 1 DAMAGES:
1. All shipments are packed with great care by experienced packers using approved packing methods. If any damage occurs in transit, do not refuse shipment. This may cause you unnecessary shipping expenses and delay. When delivery of a shipment is made by the carrier, the consignee must examine each container to see if it is in an apparent good order. If the container shows evidence of damage, the package should be opened immediately and examination of contents must be made by carrier and consignee. The result of the examination of contents should be endorsed on both the carrier's delivery receipt and the consignee's copy of delivery receipt. Clearly indicate the extent of the loss or damage to enable the carrier to handle the consignee's claim properly and efficiently. File claim with carrier for loss or damage within 15 days from receipt. They are responsible for shortage or breakage in transit. Iberia will assist you in every possible manner. However, Iberia is not responsible for damage or shortage during shipping as Iberia's liability ceases after the carrier is in receipt of the material in good order. NOTE: On United Parcel Sewice deliveries, if any merchandise is received in damaged condition, please report United Parcel Service damage to Iberia at once and hold original carton and merchandise for inspection. If Iberia is not notified within 10 days from delivery, liability will be waived.
2. Concealed loss or damage discovered after delivery of the shipment must be reported to the delivering carrier upon discovery and, in any event, within 15 days after delivery. Hold goods, containers, and packing material in exact condition as found for inspection by the carrier. An inspector for the carrier should call vithin 48 hours. If nothing is heard in that time, notify them by registered mail, return receipt requested. The carrier will issue an inspection report and give you a copy, which must be used to support your claim.
3. Make your claim promptly. The carrier will not consider a claim unless presented within 9 months after receipt of shipment.
4. PLEASE DO NOT DEDUCT THE AMOUNT OF LOSS OR DAMAGE FROM IBERIA'S INVOICE while awaiting adjustment of the claims, as Iberia does not guarantee safe delivery.
VI. CLAIMS
1. Porcelain tile is kiln fired and subject to shade caliber variation from tile to tile and shipment to shipment. Sample, color charts, color illustration, and reproductions in catalogs are not represented to match the color or shade of Tile, Stone or any other Iberia Product (collectively referred to as "Tile" or "Tiles") available. Crazing and breakage may occur if Tile is not installed properly. Rectified products are generally warped and require 1/8"grout joint to help mitigate lippage when installed.
2. DISCLAIMER OF WARRANTY. SELLER MAKES NO REPRESENTATION OR WARRANTY, EXPRESSED OR IMPLIED, AS TO THE MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OF THE TILE OR ANY OTHER REPRESENTATION OR WARRANTY OF ANY KIND WHATSOEVER, except as such warranties, guarantees, premises, statements, representations or information are expressed and specifically set forth herein or in any written amendment hereto. TILE IS NOT WEAR RESISTANT AND IBERIA DOES NOT GUARANTEE IT TO BE SO. SPECIFICALLY, IBERIA IS NOT RESPONSIBLE FOR, SHALL HAVE NO LIABILITY FOR, AND DOES NOT WARRANT AGAINST: shade variation, crazing, scratching, or wear on Tile surface; defects discovered after installation or alteration of the Tile or other materials; abrasion on installed glazed Tile; shipping mishap, or other injury due to the surface characteristic of the Tile.
3. Notice of claim. Any claim for color variation or any other visible defect, or for merchandise shipped in error, must be made prior to installation, as use constitutes acceptance. WE WILL NOT RECOGNIZE ANY CLAIMS FOR TILE SAID TO BE INCORRECTLY SIZED, SHAPED, OR OTHERWISE UNSATISFACTORY UNLESS SUCH CLAIM IS MADE AFTER DELIVERY OR BEFORE INSTALLATION, whichever occurs first.
4. Limitation of Customer's Remedy. Iberia's liability in all cases, and CUSTOMER'S SOLE AND EXCLUSIVE REMEDY, is limited to tile replacement of like kind merchandise claimed to be defective, and under no circumstances will Iberia's liability exceed the price of the material paid by the Customer.
5. LIMITATION OF LIABILITY. Iberia shall not be liable for any damages caused by reason of Tiles which are in any way defective. IBERIA SHALL NOT BE LIABLE, HEREUNDER
OR OTHERWISE, FOR LOST PROFITS, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, WHETHER OR NOT OCCASIONED BY IBERIA'S OWN
NEGLIGENCE OR THE NEGLIGENCE OF ANY EMPLOYEE OR AGENT OF IBERIA
6. Indemnification. Customer hereby agrees to indemnify and save Iberia, its employees and its agents harmless from and against any and all liability imposed by the law upon Iberia on account of any loss, damage, or injury to property and from all claims for death or injury to persons arising in any manner out of the sale of goods hereunder. Customer's duty to indemnify hereunder shall include all costs or expenses arising out of all claims specified herein, including all court and I or arbitration costs, filing fees, attorney's fees and cost of settlement. The agreements and indemnities contained in this section shall survive the expiration or earlier termination of this agreement. Customer agrees to hold IBERIA harmless for negligent or faulty installation by Tile installer.
VII. RETURNS:
NO RETURNS ACCEPTED AFTER 15 DAYS. All Returns must refer to invoice number of original shipment. No refunds without proof of purchase.
THERE IS A 15 % RESTOCKING CHARGE. No refunds or credits for special orders, sale items, natural stone products or installation (setting) materials. All returns are subject to inspection by our warehouse and must be made in original factory boxes. RETURNS ONLY ON WEEKDAYS: MONDAYS TO FRIDAYS. ABSOLUTELY NO SATURDAYS FOR RETURNS WILL BE ACCEPTED.
VIII. REPRESENTATIONS:
No representation shall bind Iberia, unless incorporated into the invoice in writing, and no modifications or additions to the terms of the purchase shall bind Iberia unless they are in writing.
IX. JURISDICTION AND VENUE:
Customer agrees that jurisdiction and venue shall lie in Miami-Dade County, Florida in the County Court or the Circuit Court for the 11th Judicial Circuit in and for Miami-Dade County, Florida. However, if the order originated in Georgia, jurisdiction and venue shall lie in the Magistrate Court or in the Superior Court in the Gwinett Circuit, State of Georgia.
X. AGREEMENT TO COOPERATE:
Customer agrees to provide accurate and timely information to complete orders and to prepare Notice to Owners, Claims of Lien, or any other document used to preserve or enforce Iberia's lien or claim against bond rights in any state, including physical address where materials will be incorporated into real property.
