Conditions of Sale
1. Walker & Zanger, Inc. (“Walker Zanger”) provides information concerning its products, installation procedures and maintenance practices to assist its customers in making selection, usage, installation and maintenance decisions, to maximize their enjoyment of its products. It is the responsibility of the buyer and/or the buyer’s installer to blend the product to the owner/buyer’s satisfaction. Buyer’s selection and usage of Walker Zanger products and the installation procedure and maintenance practice employed by each buyer are outside the direction and control of Walker Zanger and are strictly the choice and responsibility of each buyer.
2. DISCLAIMER OF WARRANTIES. WALKER ZANGER DOES NOT WARRANTY ANY PRODUCT FOR ANY SPECIFIC USE OR INSTALLATION PROCEDURE OR MAINTENANCE PRACTICE. UPON PURCHASING OR INSTALLING OR USING ANY PRODUCT, BUYER WAIVES ALL CLAIMS RELATING TO THE PRODUCT, INCLUDING (BUT NOT LIMITED TO) ALL CLAIMS RELATING TO EXPRESS WARRANTIES AND/OR STATUTORY OR IMPLIED WARRANTIES, INCLUDING THE IMPLIED WARRANTY OF MERCHANTABILITY AND ALL IMPLIED WARRANTIES OF FITNESS AND WARRANTIES AGAINST HIDDEN OR LATENT DEFECTS. WALKER ZANGER DISCLAIMS ALL SUCH WARRANTIES. ALL PURCHASES ARE “AS IS” AND “WITH ALL FAULTS”. WALKER ZANGER SHALL NOT BE LIABLE FOR ANY SPECIAL OR CONSEQUENTIAL DAMAGES ARISING FROM THE OWNERSHIP, USE, POSSESSION OR MAINTENANCE OF ANY PRODUCT BY ANY PERSON OR OTHERWISE.
3. Prices. Walker Zanger reserves the right to change its prices, terms and conditions of sale without notice. All prices are FOB the Walker Zanger warehouse unless otherwise quoted.
4. Terms. Sales are made on a cash basis only unless prior “Open Account” status has been arranged with our credit department. When credit is granted, terms are 10 days net. Interest at 1-1/2% per month (18% per annum) or the maximum rate allowable by law, whichever is less, as well as court costs and collection and attorney’s fees, will be charged on all past due invoices. C.O.D. on accounts over 60 days. All shipments are FOB origin.
5. Limitations of Actions. BUYER’S PURCHASE OR INSTALLATION OR USE OF ANY PRODUCT CONSTITUTES ASSENT TO THE PARTIES’ AGREEMENT THAT AN ACTION FOR BREACH OF CONTRACT MUST BE COMMENCED WITHIN ONE YEAR AFTER ACCRUAL.
6. Natural Stone Products. Stone is a product of nature and no two pieces of stone are exactly alike. Every piece of stone has unique natural variations, markings, shadings, and inclusions which can include fissures, pits, open or dry seams, fossils or glass veins, and differ in regard to moisture absorption, surface finish, texture and coefficient of friction. These are not defects but rather inherent characteristics of stone products, which may require periodic maintenance. All stone tiles and products should be sealed with a penetrating sealer prior to grouting to prevent the grout from staining the stone. It is further recommended that these stones be resealed as part of normal maintenance procedures.
7. Metal, Glass, Glazed Ceramic and Porcelain Products. Differences in color, shape, size, moisture absorption, surface finish, texture, and coefficient of friction are the unique characteristics that distinguish each of these tile products and should be considered in each buyer's purchase decision and decision regarding the intended use of the product selected. Variations of these characteristics can occur between production lots of the same product type and are inherent characteristics resulting from the manufacturing process. All sizes are nominal only and may vary.
Finish trim pieces require a different manufacturing process than the field tile and as a result may vary slightly in color. Glazing on extreme relief (textured) ceramic tiles will vary in thickness and as a result, the glazing may appear darker and lighter in different areas throughout the tile.
Glazed ceramic products are subject to crazing. Crazing is the cracking solely within the fired glaze due to tensile stresses, temperature fluctuation, or expansion and contraction of the tile body or setting bed. Crazing is not a defect, nor does it affect the durability of the product; it is an inherent characteristic of the manufacturing process. Some tiles are intentionally induced to craze to produce what is known as a crackle finish. Crackle glaze tiles should be sealed with penetrating sealer prior to grouting to keep the grout from staining the clay body. Crackle glaze tiles should not be used on kitchen counter surfaces or surfaces subject to heavy uses. In areas that experience regular moisture, such as in showers, regular resealing of crackle glazes is a necessary practice.
8. Vapor/Moisture Barrier Disclaimer. When stone products or ceramic, porcelain, glass or metal tile are installed on a concrete slab at ground level, it is the responsibility of the customer and the customer’s installer to ensure that the slab is dry and fully cured and that a proper vapor moisture barrier is in place between the concrete slab and the stone product, ceramic, glass or metal tile prior to installation. All shower floor substrates and twelve inches up the adjacent perimeter walls must have a waterproof membrane on the top surface of the fully cured mortar bed prior to tiling.
9. Electronic Notice; Delays; Inspection Requirement. Buyer agrees to receive all notices, invoices, and other communications by electronic means, at the email address that has been provided by Buyer. Walker Zanger is not responsible for delivery delays beyond its control. It is the responsibility of the customer, the customer’s representatives, general contractor, subcontractors, installer and any person responsible to the owner regarding the installation of the product or the finished product, to INSPECT each Walker Zanger product upon delivery to the job site. All merchandise should be checked in and INSPECTED immediately upon delivery, using the Walker Zanger packing list sent with the merchandise, to ensure the delivery of all listed items and the absence of damage. All claims of damage must be reported by facsimile transmission within 48 hours of delivery to the delivery carrier and to Walker Zanger. DO NOT RETURN MERCHANDISE WITHOUT STRICTLY COMPLYING WITH THE RETURN MERCHANDISE POLICY SET FORTH BELOW. Time is of the essence in regard to these inspection and reporting requirements.
10. Return Merchandise Policy.
A. Materials authorized for returns are subject to a 30% restocking charge plus freight charges.
B. Materials authorized for returns are subject to a 30% restocking charge plus freight charges.
C. No material may be returned without prior authorization. Call our Customer Service for a Return Authorization (RA) number prior to shipping and return within fifteen days.
D. PACKAGING IS CRITICAL. ALL RETURNS MUST BE PROPERLY PACKED TO AVOID DAMAGE AND ELIMINATE BREAKAGE. CREDIT WILL NOT BE ISSUED FOR MERCHANDISE THAT IS DAMAGED OR BROKEN DUE TO IMPROPER PACKAGING OR HANDLING. FILING OF DAMAGE CLAIMS WITH FREIGHT CARRIERS IS CUSTOMER’S SOLE RESPONSIBILITY.
E. Time is of the essence
11. Choice of Law.
For the purposes of choice of law: All sales are deemed to be made in the State of California and will be governed by the laws of the State of California, without regard to conflict of law principles.