Warranty Information and Terms and Conditions of Sale

UPON DELIVERY
Immediately upon delivery please review the shipment for accuracy of materials ordered, including quantity, quality, and color, and for any shipping damage. Contact your sales representative immediately if any problems exist. All claims must be presented in writing to Ann Sacks Tile & Stone, Inc. and any delivery carrier within five days of receipt of material. Any damage that is apparent upon delivery must be noted on the freight carrier delivery receipt. Material should be installed by pulling from all crates or boxes to insure optimal blending of shade variation. No adjustment can be made once material has been installed.

QUANTITIES
We request that all quantities be checked by an installer or contractor, as we will not be held responsible for discrepancies in quantities. Although we may have assisted in preparation of quantities for material on this order/invoice, all quantities must be checked by a contractor or installer. Any additions or changes to the order could delay the delivery date and may result in dye lot variation.

INSTALLATION
Ann Sacks Tile & Stone, Inc. does not accept responsibility or liability for installation, sealing or refinishing of any product.

PAYMENT, TERMS AND CREDIT EXTENSION
All material is purchased with 50% due upon placement of order. The balance of the order is due before shipment unless an open account has been established with Ann Sacks Tile & Stone, Inc. Credit applications for open accounts are available.

LATE PAYMENT
Purchaser agrees, by acceptance of this document, that if payment is not made according to terms of sale, to pay interest at the lesser of 1.5% per month or the amount permitted by law and to pay reasonable collection costs including reasonable attorney fees.

RETURNS AND CANCELLATIONS
Custom (special) orders: No returns will be accepted. These orders are non-cancelable.

Non-Stock orders: Returns of orders purchased by Ann Sacks Tile & Stone, Inc. on customer's behalf from independent vendors are subject to that vendor's policy on returns and/or cancellations. No returns are accepted after 90 days. Specific information will be provided upon request in each case. At a minimum returns are subject to a 25% restocking fee, plus freight to and from the shipping location.

Stock orders (after shipment to customer): No returns are accepted after 90 days. Returns are subject to a 25% restocking fee, plus freight to and from the shipping location.

Stock orders (prior to shipment to customer): If full payment has not been made within 60 days of the initial order date, the order is subject to cancellation and a 25% forfeiture fee. Merchandise not shipped within 120 days of the initial order date is subject to a warehouse charge. Storage requires prior approval of Ann Sacks Tile & Stone, Inc.

LIMITED ONE YEAR WARRANTY

All Ann Sacks Tile and Stone, Inc. Brand Products Carry Ann Sacks' One Year Limited Warranty unless otherwise noted. For Brands other than Ann Sacks, see the manufacturer's written warranty available at your Ann Sacks Showroom or Dealer.

Except as noted herein, Ann Sacks tile, stone, plumbing fixtures, faucets and fittings are warranted to the original consumer purchaser to be free from defects in material and workmanship for one (1) year from the date of installation.

The finishes of our weathered brass and weathered copper lavatories and lavatory faucets are sold "AS IS" without warranty. Ann Sacks Tile & Stone, Inc. will, at its election, repair or replace the product or make appropriate adjustment where Ann Sacks inspection discloses any such defects occurring in normal usage within one year after installation. Other than the costs noted above, Ann Sacks Tile & Stone, Inc. is not liable for any direct or indirect costs associated with the repair or replacement of the product including removal, installation or reinstallation of the product. Tile, stone and plumbing products should be inspected prior to installation and any defects must be reported at that time. Installation constitutes acceptance of the product. Damage to product caused by inappropriate installation, accident, misuse, abuse, or improper maintenance is not covered by this warranty. With respect to tile and stone, variations in color, shade, flow, grain, tonality, crazing, veining, and texture are inherent characteristics thereof and are not defects. Variations in facial dimensions and thickness will be allowed as per industry standards. No warranties are made against crazing, scratching or wear due to: improper installation-including improper alteration of the surface with sealers or grout, falling objects, abuse, misuse, exposure to extreme temperatures, using improper chemicals or compounds, non-foot traffic wear or other similar incidents.

To obtain warranty service, contact Ann Sacks Tile & Stone, Inc. at 8120 N.E. 33rd Drive, Portland, Oregon 97211, (503) 281-7751 or call 1-800-278-TILE (8453). www.annsacks.com

IMPLIED WARRANTIES INCLUDING THAT OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE LIMITED IN DURATION TO THE DURATION OF THIS EXPRESS WARRANTY. SELLER DISCLAIMS ANY LIABILITY FOR SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES. Some states/provinces do not allow limitation on how long an implied warranty lasts, or the exclusion or limitation of special, incidental or consequential damages, so the above limitations or exclusions may not apply to you. This warranty gives you specific legal rights. You may also have other rights which vary from state/province to state/province. Any action for breach of this warranty must be commenced within one (1) year from the time the defect occurs or should have been discovered. Some states do not allow such a limitation on the time in which to sue, so the limitation may not apply to you.

THIS IS OUR EXCLUSIVE WRITTEN WARRANTY.

Ann Sacks also sells other high quality name brand product and accessories. For products branded other than Ann Sacks, Buyer must look to the Manufacturer's written warranty. On products branded by manufacturers other than Ann Sacks, Ann Sacks hereby disclaims implied warranties including that of Merchantability and Fitness for a Particular Purpose. Ann Sacks further disclaims any liability for special, incidental or consequential damages.


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