Terms and Conditions

1. Order Placement and Acceptance

1. Order Confirmation:
   Orders can be placed either by submitting a purchase order via email or through our online ordering system. If the order is placed via email, you will receive a confirmation within one business day.

2. Production Start:
   Once your order has been confirmed, production will begin. Production lead times may vary depending on the quantity and complexity of the order.

3. Product Modifications:
   Any modifications requested during production are subject to additional lead times and costs. Please note that such changes may affect delivery timelines.

4. Completion and Tracking:
   Once your order is completed and shipped, we will send you tracking information to monitor the delivery status.

2. Shipping and Delivery

1. Shipping Charges:
   The Buyer is responsible for the cost of shipping, including packaging and handling fees, unless otherwise specified in the order.

2. Delivery Method:
   Shipping methods will be chosen based on the order's size, weight, and destination. Orders weighing over 120 lbs will be shipped via freight carrier unless otherwise specified. Specific delivery dates cannot be guaranteed unless otherwise agreed upon.

3. Delivery Delays:
   The Company is not liable for delays caused by third-party shipping carriers, force majeure events (e.g., weather, strikes, pandemics), or other unforeseen circumstances.

4. Risk of Loss:
   Risk of loss or damage to Products passes to the Buyer upon delivery to the shipping carrier. The Buyer is responsible for inspecting goods upon arrival and reporting any damage within 48 hours.

5. Damage Claims During Transit:
   In the event of transit damage, the Buyer must substantiate the claim by noting the damage on the carrier’s freight receipt before removing the material from the truck. The Buyer also agrees to inspect the material before unloading. If no notations are made on the freight receipt, any material unloaded will be considered received and delivered in good condition.

3. Manufacturing and Production

Lead Times for Custom Tiles:

• Up to 100 square feet: Lead time of 4-6 weeks
  Ideal for smaller projects, ensuring high-quality craftsmanship within a shorter timeline.

• 100-200 square feet: Lead time of 6-8 weeks
  Accommodates medium-sized orders, allowing extra time for materials and production.

• Over 200 square feet: Lead time of 8-10 weeks
  For larger projects, this extended lead time ensures the meticulous attention to detail required for each tile.

• 
  Add-On Orders, Samples, and Custom Samples:

• Add-on orders, samples, and custom samples have a lead time of 1-3 weeks, depending on the quantity ordered.

1. Delays in Production:
   The Company will notify the Buyer of any significant delays due to issues such as raw material shortages, labor issues, or production errors. The Company is not responsible for delays caused by factors beyond its control.

2. Lead Time Disruption:
   Due to the handmade nature of the Products, the production and lead time may vary. A lead time will be provided at the time of the order, but the Company does not guarantee specific completion or delivery dates.

4. Payment Terms

1. Payment Schedule:
   Payment is due upon order confirmation unless other payment terms are specifically agreed upon. The Company may require a deposit prior to commencing production, with the balance due before shipping. For orders placed through already established showrooms, the balance is due within net 15 days of receiving the product.

2. Late Payments:
   Any late payments will be subject to a late fee (typically a percentage of the outstanding balance) or interest charges. The Company reserves the right to halt production or delivery of the order until full payment is received.

3. Payment Methods:
   Accepted methods of payment may include credit cards, checks, PayPal, wire transfers, or other mutually agreed-upon methods.

5. Returns, Exchanges, Cancellations, and Refunds

1. Custom Products:
   Due to the nature of handmade and custom products, returns are not accepted. Cancellations are accepted within 48 hours of receiving the order confirmation.

2. Exchanges for Orders Under $5k:
   Exchanges are accepted for orders under $5,000. To initiate an exchange, the Buyer must notify the Company within 5 business days of receiving the product. The product will only be eligible for exchange once it is received in its original condition. The Buyer is responsible for return shipping costs. The Company will email an invoice for the return shipping label. The Company will also provide detailed instructions on how to pack the product for safe return.
   Additional lead times will need to be considered once the returned product is received and approved for exchange.

3. Final Sale and Restocking Fee:
   All sales are final and non-refundable. If an exception is made to allow for a return, a 30% restocking fee will apply. The Buyer is also responsible for any return freight charges.

4. Refunds:
   Refunds for returned items will only be issued once the Products are returned in their original condition. The Buyer is responsible for return shipping costs.

5. Material Acceptance After Installation:
   No allowance or claims can be made on any material after it has been installed. Use of the material constitutes acceptance, and absolutely no adjustments or returns will be made thereafter.

6. Claims and Inspection:
   No claims will be considered unless made within 5 days after receipt of the Products. This applies to shipments delivered directly to the Buyer as well. It is the Buyer’s responsibility to inspect all Products upon receipt.

6. Warranties and Liabilities

1. Product Quality:
   The Company warrants that the Products will be free from defects in material and workmanship under normal use and care for a period of 1 year from the date of delivery.

2. Stone Variations:
   Stones, including but not limited to marble, travertine, and limestone, are products of nature. No two pieces of stone are alike, and there are inherent natural variations. These may include color and shade variations, geological flaws, irregular markings, voids, pitting, veins, and fissures. These variations are a characteristic of the natural beauty of stone and are not considered defects. The Buyer acknowledges and accepts that these natural features are part of the stone’s inherent qualities.

3. Add-On Orders:
   Because add-on orders are placed after the original order, we cannot guarantee that the stone will come from the same lot. As such, there may be slight variations in shade, color, and pattern, and the stones may not be an exact match to the original order. The Buyer understands and accepts this potential for variation.

4. Exclusions:
   The warranty does not cover damage caused by improper installation, misuse, accidents, or external factors like extreme weather.

5. Limitations of Liability:
   The Company’s liability is limited to the cost of the Products purchased. The Company is not liable for any indirect, consequential, or incidental damages resulting from the use or inability to use the Products.

7. Contractors and Installation

1. Installation Services:
   Waverly Tile is not responsible for any errors during installation. To ensure a seamless installation of our decorative etched stone tiles, the Buyer must follow the installation and care instructions provided by the Company. These instructions will be included in every box and are also available on our website under the Installation and Care Guide. Failure to adhere to these instructions may result in issues that are outside of our responsibility.

2. Third-Party Contractors:
   If the Buyer hires third-party contractors for installation, Waverly Tile is not responsible for any errors made during the installation process. For the best results, the Buyer should ensure that the contractors follow our installation and care instructions for the decorative etched stone tiles. These instructions will be included in every box and are also available on our website under the Installation and Care Guide. Following these instructions will help guarantee a smooth and successful installation.

8. Intellectual Property

1. Design Ownership:
   Any designs, sketches, or intellectual property provided by the Company to the Buyer (or used in the production of custom items) remain the property of the Company unless otherwise specified in writing.

2. Product Use:
   The Buyer agrees not to replicate or produce the Company’s designs without permission. Unauthorized use may result in legal action.

9. Force Majeure

1. Unforeseen Events:
   The Company is not responsible for failure to meet its obligations due to events beyond its control, including but not limited to natural disasters, labor strikes, transportation disruptions, or pandemics.

2. Notification:
   In the event of force majeure, the Company will notify the Buyer of the delay and provide a revised delivery schedule if possible.

10. Governing Law and Dispute Resolution

1. Jurisdiction:
   These terms and conditions are governed by the laws of the state or country in which the Company is based. Any disputes will be resolved in the appropriate courts within that jurisdiction.

2. Arbitration or Mediation:
   In the case of disputes, the Company and the Buyer agree to attempt mediation or arbitration before seeking legal recourse. Both parties agree to engage in good faith efforts to resolve any conflict through these alternative methods before resorting to litigation.

11. Amendments

1. Changes to Terms:
   The Company reserves the right to amend these terms and conditions at any time, and such changes will apply to orders placed after the date of the change.

12. Confidentiality

1. Confidential Information:
   Both parties agree to keep any confidential business information shared during the course of the transaction confidential and not to disclose it to third parties unless required by law. This includes but is not limited to pricing, business strategies, and proprietary methods or processes.