Conditions of Sale for your Artistic Tile Purchase

Conditions of Sale

Thank you for choosing Artistic Tile. Read and sign our Conditions of Sale prior to purchase and be sure you and your installer or other agents are aware of the unique logistical and technical issues associated with any tile, stone, or vanity purchase, delivery and installation. This document is a contract, so please read it carefully. To ensure a worry-free experience, please contact your Artistic Tile associate if you have any questions.

Scope of Work:

Artistic Tile, Inc. is not a contractor and does not perform or contract for the installation of any product. As a courtesy to its clients, upon request Artistic Tile, Inc. will provide a list of local tile installers referred to us by our clients. This list shall serve as a recommendation only. The final decision as to which installer to hire has been made by the purchaser. Absent any specific instructions, generally accepted industry guidelines must be adhered to, including, but not limited to, the most current version of Tile Council of North America Handbook for Ceramic, Glass and Stone Tile Installation and the Natural Stone Institute Dimension Stone Design Manual.

Quantities:

All quantities must be verified in advance of purchase by the buyer’s tile installer or general contractor. Artistic Tile, Inc. accepts no responsibility for quantities ordered. As a service to our clients, once the design has been selected, our associate will provide takeoff quantities for estimating purposes only and will attempt to directly contact the installer for the final required quantities of each item if requested to do so.

General Product Information:

All tiles are subject to variation in shade and size. All tile measurements are nominal, referring to an approximate measurement used for standardization. Tile sizes will vary from product to product. Tile and natural stone are not guaranteed after delivery against chipping, crazing, cracking or wear. Handmade and machine-made tiles are subject to irregularities in size, shape, color, warpage, moisture absorption, surface finish, texture and dynamic coefficient of friction. These characteristics are inherent to the manufacture of these products and are in part what creates their distinctive beauty. There will be color variation from samples and displays, as well as within the shipment. Stone is a natural material. No two pieces of natural stone are exactly alike. Each has unique natural variations which may include veining, markings, shadings, inclusions, chips, pits, fossils or other characteristics. It is recommended that each order includes a minimum of 20% overage on any tile product. For tiles 18” x 36” and larger, a minimum of 30% overage is recommended. Artistic Tile Inc. recommends ordering additional material with your order, as add on orders later may not match or product may no longer be available.

Sealing:

All natural stone and crackle glazed ceramic tiles must be sealed. All crackle glazes must be sealed with a silicon based impregnating sealer when used in wet environments to minimize water penetration and tile discoloration All crackle glazed tiles must be sealed prior to and after grouting. Crackle glazes will continue to crackle over time. For long term maintenance, reseal crackle glaze tiles every 3-6 months for the first year and every 6 months afterwards to further protect the glaze surface. Sealing does not make a crackle glaze tile waterproof nor prevent moisture migration into the clay body from the back or sides. Darkening of the clay body is possible, which can lead to darkening of the crackle, especially in light glaze colors. Crackle patterning will vary naturally. Solid glazes are subject to crackle upon installation and overtime. As the tiles crackle, sealer must be applied. Do not seal porcelain tile unless otherwise noted.

Slab Measurements:

For slabs not in inventory at the time of order, slab measurements provided are approximate and for estimating purposes only. Each slab will be measured to its actual size upon receipt. Some slabs may be larger than estimated. Some may be smaller. Please plan accordingly for your project needs. Your sales order will be revised to reflect the actual square footage of the slab received and any monies owed/due will be collected/credited prior to shipment.

Blending and Dry Layout:

Natural stone and ceramic tile require blending, as they naturally vary from piece to piece and across different segments of the order. It is the responsibility of the installer to remove materials from packaging and dry layout all materials to obtain the Customer’s approval of the blend before any tile is installed. This procedure is common practice in the installation of tile and natural stone and helps ensure the satisfaction of the finished installation.

Payment Terms for Stocked Material:

All quantities must be verified in advance of purchase by the buyer’s tile installer or general contractor. Artistic Tile, Inc. accepts no responsibility for quantities ordered. As a service to our clients, once the design has been selected, our associate will provide takeoff quantities for estimating purposes only and will attempt to directly contact the installer for the final required quantities of each item if requested to do so.
Full payment is required on orders in stock at the time of order, unless B2B credit terms have been established and are in good standing.
Irrespective of stock status, orders less than $2500 are charged in full at time of purchase unless B2B credit terms have been established and are in good standing.
Payment in full is required on tile lots and slab at time of selection to ensure that your specific material remains available for you. At time of payment, purchased material will be specifically designated and securely held for your project by Artistic Tile, Inc.
A 50% deposit is required on typically inventoried orders that are not in stock at the time of order to secure incoming goods. Material not in stock at time of deposit must be paid in full upon material release from the factory. Material on orders with balances due after that time will become eligible for purchase by others.
B2B customers with established credit terms in good standing must either accept delivery or pay in full within 30 days of order being complete. Notwithstanding credit terms, all custom/special orders require a minimum of a 50% deposit.
Sales tax noted on the sales order is not final and subject to change based on tax code in effect on date of shipment, due to constantly changing Nexus in states nationwide. Tax indicated on your sales order or collected at time of sales order payment reflects the current tax rate and will be re-calculated at time of shipment and reflected at time of invoice. The purchaser is responsible for payment of any increase in sales tax.
Orders for which payment is not received in accordance with payment terms will be deemed abandoned after 90-days and shall become the sole and exclusive property of Artistic Tile, Inc. There will be no reimbursement of monies or return of merchandise for any orders that have been deemed abandoned. This remains the sole and absolute discretion of Artistic Tile, Inc.
Terms of payment are subject to the cancellation and return policy enumerated below. Customer further acknowledges and understands that until such time as payment is remitted in full to Artistic Tile, Inc., Artistic Tile, Inc. shall remain the legal owner of all merchandise and no legal title to merchandise shall pass to Customer until payment has been made in full pursuant to these Conditions of Sale.
Orders for additional material will reflect the current price of the item at the time of order placement.

Payment Terms for Custom/Special Order Material:

Full payment is required at time of sale on in-house production and all custom/special orders.
A minimum of a 50% deposit is required on custom/special orders for B2B customers with established credit in good standing. Balance due on terms.
Custom/Special orders may not be cancelled, exchanged, or returned.
Sales tax noted on the sales order is not final and subject to change based on tax code in effect on date of shipment, due to constantly changing Nexus in states nationwide. Tax indicated on your sales order or collected at time of sales order payment reflects the current tax rate and will be re-calculated at time of shipment and reflected at time of invoice. The purchaser is responsible for payment of any increase in sales tax.
Orders with outstanding balances, including storage fees as enumerated below, beyond 90 days after production is complete will be subject to forfeiture and deemed abandoned, to become the sole and exclusive property of Artistic Tile, Inc. There will be no reimbursement of monies or return of merchandise for any orders that have been deemed abandoned. This remains the sole and absolute discretion of Artistic Tile, Inc.
Terms of payment are subject to the cancellation and return policy enumerated below. Customer further acknowledges and understands that until such time as payment is remitted in full to Artistic Tile, Inc., Artistic Tile, Inc. shall remain the legal owner of all merchandise and no legal title to merchandise shall pass to Customer until payment has been made in full pursuant to these Conditions of Sale.
Orders for additional material will reflect the current price of the item at the time of order placement.

Tariffs:

Pricing is based on tariffs in place at the time of order. Pricing is subject to change due to tariff implementation or changes prior to the customs clearance of imported product.

Storage Fees:

Artistic Tile, Inc. will store paid in full orders of merchandise free of charge until delivery is scheduled for up to 90 days after the complete order is available. After 90 days, storage fees of $100 per pallet/per slab per month will be incurred. B2B to customers with established terms must pay for orders in full in accordance with credit terms. B2B orders not shipped after 90 days of material availability will face storage fees. Storage payment must be remitted at the beginning of each month. All materials and payments will be forfeited by Customer and product deemed abandoned to remain the sole and exclusive property of Artistic Tile, Inc., if delivery is not taken within 180 days of complete available inventory unless otherwise agreed upon in writing by Artistic Tile, Inc. Any changes to the duration of time that Artistic Tile, Inc. agrees to hold product on behalf of a Customer shall be at the sole and exclusive discretion of Artistic Tile, Inc. Artistic Tile, Inc. will communicate via certified letter to advise that material was stored without payment beyond the agreed terms. Customer acknowledges and understands that if it fails to provide a valid and timely response to the certified communication all merchandise will be deemed abandoned to become the sole and exclusive property of Artistic Tile, Inc. and there will be no future reimbursement for monies paid. This remains the sole and absolute discretion of Artistic Tile, Inc.

Freight and Delivery:

Freight and handling charges are added to Sales Orders/Invoices and are non-refundable.
Orders that are not shipped within 90 days of placement are subject to potential freight increases and will be charged accordingly prior to shipment.
In the event that you or your representative are not present to accept a scheduled delivery, a re-delivery charge will be applied prior to arranging the replacement delivery.
In the event the provided delivery address changes after the order has been released for delivery, a reconsignment charge will be applied, as well as a possible route fee upcharge.
All shipments delivered by Artistic Tile, Inc. company owned vehicles or common carriers arranged by Artistic Tile, Inc. are FOB destination as indicated by the Ship To address on the Sales Order, unless otherwise noted on the sales order.
Customer pickups and customer arranged freight are FOB points of pick up or will-call, unless otherwise noted on the sales order.
Large volume factory direct shipments are FOB point noted on the sales order.
Orders will not be scheduled for delivery until all agreements are signed and payment is received.

FOB Inspection Requirements:

Verify pallet/crate/box count and look for pallet/crate/box damage before signing the delivery receipt (or bill of lading). Note any box/crate count discrepancies or visual damage on the bill of lading before signing it. A signature on an unmarked bill of lading implies acceptance of the delivery in its condition, so protect yourself by being diligent.
You and/or your on-site representatives (general contractor, subcontractors, installer and any person responsible to the property owner regarding the installation of the product) must fully open and inspect all merchandise upon delivery to the jobsite. If any discrepancy or concealed damage is discovered, you must notify Artistic Tile, Inc. in writing within 48 hours of delivery and provide photos of the damage. Artistic Tile, Inc. will make a claim directly with the carrier for damage reported within 48 hours of delivery.
Artistic Tile, Inc. will not be responsible for reimbursement of claims denied due to client’s failure to notify us within 48 hours of delivery date, or due to client or client representative’s negligence.
When signing for a flatbed slab delivery, it’s crucial for your agent or representative to inspect the slab material as it arrives, prior to unloading, and as the material is being offloaded to the a-frame at ground or dock level. If there are any signs of damage, note that on the delivery receipt (or bill of lading). A signature on an unmarked bill of lading implies acceptance of the delivery in its condition, so protect yourself by being diligent.
If the bill of lading was signed without noting discrepancies and/or the claim was made after 48 hours of delivery, client is responsible for the cost of any necessary replacements. If/when a claim decision is made in favor of the client and the carrier issues a refund check, Artistic Tile, Inc. will refund the client for the amount received from the carrier.
Customers who pick up or send a representative to pick up their shipment at a freight carrier’s terminal must note visible damage on the bill of lading prior to departing from the carrier’s terminal. Failure to do so forfeits any right to file a freight claim against the shipment in question. Please inspect all packages prior to departing the terminal.

Sales Tax Notes for Shipments to Alabama:

Artistic Tile, Inc. will store paid in full orders of merchandise free of charge until delivery is scheduled for up to 90 days after the complete order is available.

Fabrication Sales:

Be mindful that quality stonework depends on the accuracy of other trades. The installation can only be as good as the substrate provided.
For countertop/surface projects to be measured, the following conditions must be met. If not met, a return trip fee will be billed prior to return.
All cabinetry, including doors and drawers, and trades work pertinent to the area the stone is being installed in must be complete. Cabinets must be set plumb, level and aligned. Defects in cabinetry installation may be brought to customer or representatives’ attention, however, Artistic Tile, Inc. Is not responsible for the result of the installation based on the quality of the substrate.
All stoves, cooktops, sinks, faucets, soap dispensers, and any other accessories pertinent to the installation of the countertops must be on the jobsite during templating. Cutouts cannot be made from manufacturers specifications.
All faucet hole locations or any accessories that require a drilled hole are to be determined during templating or during the shop drawing approval process. Holes must be drilled at the fabrication shop and not on-site.
Cabinets may not be moved or adjusted after template. Doing do will result in poor fitting countertops and change in overhang.
No sheetrock compound work may be performed after templating.
Farm sinks must be in place for templating.
For fireplaces, any fireplace insert of any kind must be made available during templating. Failure to do so may result in an additional fee. If outfitting a hearth, the floor must be properly prepared for the hearth in advance of templaters arrival. We are not responsible for ensuring fireplace dimensions are to code.
For bathtubs, the substrate must be in place, as well as the tub itself. Cement board on top of wood blocking is recommended. Substrates must be solid with no deflection. For undermount tubs, set the tubs at least ¼” higher than the substrate to minimize the caulk joint by allowing for a thin-set setting bed.
A representative with decision-making authority must be on site at the time of template. Templating will not proceed without an authorized representative present.
If following a drawn set of plans is necessary, the most current set of drawings for the project must be provided at template.
During the slab layout process there will be an attempt to avoid some inclusions in the natural stone, but it is not always possible Installations will not be replaced due to natural characteristics. Inspect the slabs prior to purchase and confirm layout in person or digitally.
Some natural stones may have more visible lamination qualities than others. We make no claims of invisible laminations or invisible mitered edges.
Although seam location requests are considered, the fabricator ultimately determines best location. Pieces may be seamed if deemed too fragile or delicate to handle in one piece. Seams can be seen and felt.
Any additional manpower or equipment needed to install the stone due to unforeseen obstacles such as excessive stairs, crane equipment, project layout, etc. will be billed in advance.
Stone slabs are heavy. A clear, obstacle free path is required to the installation site. All finished floors should be protected with plywood or similar hard products. Artistic Tile, Inc. assumes no responsibility for unprotected floors. Slabs can be awkward to maneuver and some minor damage to walls and cabinets can occur. Artistic Tile, Inc. assumes no responsibility for finished or painted surfaces on the jobsite and will not cover the cost of repair.

Returns/Cancellations for Tile:

Cancellation of any tile order after 15 days results in forfeiture of payment and material.
Returns may be accepted in full up to 30-days after receipt of goods if the goods meet the return parameters below.
Standard industry overage of 15% of each product may be returned up to 60-days after receipt of goods if the goods meet the return parameters below. It is recommended that excess material remain on the jobsite should a future issue ensue.
Artistic Tile reserves the right to refuse return of any non-current inventory.

Returns Parameters for Tile:

Materials sold by the full carton must be returned in full cartons in original packaging. Material sold by the sheet or piece must be returned in full. All returns must be properly packed. Tiles received broken, damaged, defaced or installed will not be credited. Material that has been hand selected or culled through may not be returned.
Installation whether full or partial constitutes acceptance.
Slabs, custom/special order products, setting materials, and accessories may not be returned or cancelled.
All returns must be authorized in advance by Artistic Tile, Inc. A copy of the Return Authorization must accompany the return for credit to be issued. Returns will not be accepted after the Return Authorization has expired.
Client is responsible for return freight charges. Artistic Tile brand product returns must be made to our Secaucus, New Jersey distribution center and may not be returned to showroom locations.
Non-Artistic Tile branded products may not be cancelled, exchanged, or returned.
Material indicated as discontinued or final sale at time of purchase is not eligible for return, cancellation, or exchange.

Returns/Cancellations for Slabs:

A cancellation fee of 10% of the order subtotal will be incurred if a slab order is cancelled more than 72-hours after collection of deposit.
Slab orders are non-cancellable after 15 days.
Slabs are available for pre-shipment inspection at our Secaucus, New Jersey, Nashville, Tennessee, or Dallas, Texas slab galleries, as applicable, or via digital methods.
Slabs are not eligible for return or adjustment after shipment.
Any slab(s) that have been re-finished via the re-finishing program are not cancellable, exchangeable or returnable.

Warranties:

Artistic Tile, Inc. extends no warranties beyond the manufacturer’s warranty. Any and all warranties are waived, including, but not limited to, the warranty of merchantability. Artistic Tile, Inc. bears no responsibility beyond the price paid by the customer or materials received by the customer. Conditions of Sale included here supersede any terms provided by the customer via purchase order or other type of agreement.

Delays:

Artistic Tile, Inc. shall not be responsible for delivery delays caused by acts of God, strikes, accidents, border/custom delays, traffic, natural catastrophes, pandemics, or other delays which are beyond our control. Artistic Tile, Inc. reserves the right to delay the processing of this order until the order form and/or the credit card charge receipt has been signed.

Credit Card Charges:

By acceptance of the within order and Conditions of Sale, I do hereby authorize Artistic Tile, Inc., to debit the bank account provided or charge the credit card indicated for the full amount of the sales order/invoice presented and agreed upon by the parties. All payments are for items and services specified herein. In accordance herewith, I do hereby authorize the automatic withdrawal of all funds from my account by Artistic Tile, Inc. on the date of the transaction herein. If an ACH transaction is rejected for Non-Sufficient Funds (NSF) I understand that Artistic Tile, Inc. may at its sole discretion attempt to re-process the charge within 15 days or charge me a cancellation or rejection fee. I do further acknowledge that the origination of ACH transactions to my bank account provided herein must comply with the provisions of U.S. law and I certify that I am an authorized user of this credit card or bank account and that I will not dispute the payment with my Credit Card Company or Bank, so long as the transaction corresponds to the terms indicated pursuant to the order and Conditions of Sale herein

Supplemental Information:

This Agreement shall be exclusively construed in accordance with and governed by the internal laws of the State of New Jersey, without regard to any conflicts of law’s provisions. Any suit, action, or proceeding arising out of, or relating to this Agreement must, and exclusively shall, be commenced and maintained in the Superior Court of the State of New Jersey, County of Bergen, or in the Federal District Court for the District of New Jersey, located in Newark, New Jersey, 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.

What your signature means: By signing this order client agrees that it accurately reflects the buyer’s wishes. All changes or revisions to this order must be in writing, and a new order form reflecting those changes must be signed before changes or cancellations will be processed. Thank you for choosing Artistic Tile.

By submitting my mobile number when creating an account, I consent to receive transactional, informational, and logistical messages from Artistic Tile at the mobile number provided. I understand that my consent is not a condition of any purchase. Message and data rates may apply. Message frequency varies. Reply STOP to opt-out and HELP for assistance.

Updated 2/5/2025