PrimeStile tile flooring One year limited Warranty .

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PrimeStile One year limited Warranty .

Atlantic Wholesalers West Inc., (dba PrimeStile) and hereon will be referred to as PrimeStile. 

Limited Warranty

PrimeStile offers a warranty on its products to the original purchaser, for one year from the date of purchase, to be free of manufacturing defects. 

PrimeStile warrants only to its immediate customers and to no other person that its products will, on the date of ship, meet the foregoing terms of PrimeStile’s Bid confirmation, Order Acknowledgement, or Sales Order pursuant to which such products were sold. 

Tile and natural stone are subject to standard variances resulting from the manufacturing process or origin. PrimeStile does not provide warranty on products that are within the industry standard variance levels.

Defects and Claims

In the event of a defect within any product distributed to Customer by PrimeStile, Customer agrees to notify PrimeStile immediately upon becoming aware of such defect. If a defect in manufacturing or coloring is identified in advance of installation, Customer agrees to not install any defective product without the written agreement of PrimeStile.

PrimeStile reserves the right to inspect any and all defects prior to any repair, remediation or settlement of such defect. In the event that PrimeStile is required to participate in the repair, remediation or settlement of any defect, PrimeStile must be included in all discussions and decisions related to such repair, remediation and/or settlement. In the event that the Customer fails to notify PrimeStile on a timely basis, or fails to allow PrimeStile the right of inspection, discussion or decision making in advance of repair, remediation or settlement of any defect, Customer agrees to release PrimeStile from any liability for the defect or claim.

Customer misuse including negligence, physical or chemical abuse is not covered by this warranty. Improper installation, installation defects or errors are not covered by this warranty.

Terms and Conditions of Sale

Acceptance

The Terms and Conditions (“Terms”) contained herein apply to all quotations and offers made by PrimeStile Tile, LLC (“PrimeStile”) and to all purchase orders accepted by PrimeStile. These Terms may in some instances conflict with some of the terms and conditions affixed to a Buyer’s purchase order or to any other procurement document issued by the Buyer. In such cases, the Terms contained herein shall govern, and acceptance of Buyer’s order is conditioned upon Buyer’s acceptance of the Terms and Conditions herein, irrespective of whether the Buyer accepts these conditions by a written acknowledgement, by implication, by acceptance of products ordered, or by payment for products ordered. PrimeStile’s failure to object to provisions contained in any communication from Buyer shall not be deemed a waiver of the provisions herein. Any changes in the Terms contained herein must specifically be agreed to in writing, signed by an officer of PrimeStile before becoming binding on either party.
PrimeStile reserves the right at any time to amend these Terms and Conditions, and Buyer shall be deemed to accept such amended Terms and Conditions by ordering products offered after the date of such amendment.

Product and Prices

Unless agreed to otherwise, in advance, in writing and signed by an Officer or Director of PrimeStile, all catalog prices, and all offered prices are F.O.B. PrimeStile’s facility. All pricing quotes must be documented in writing and issued by PrimeStile to be valid. Unless otherwise stated, prices quoted are firm for 30 days from the date quoted. PrimeStile reserves the right to change its prices and the specifications of its products at any time without notice.

Prices do not include state, local, federal or other taxes and duties, and the same will be additionally charged unless a valid tax exemption or re-sale certificate is furnished to PrimeStile prior to shipping. State and local taxes, when charged, are assessed based on those rates in effect at the PrimeStile location selling or servicing the Buyer. All state, local, federal or other taxes and duties are the responsibility of the Buyer. PrimeStile’s failure to assess or collect adequate taxes at the time of sale does not relieve Buyer of the responsibility for actual tax liabilities.

All PrimeStile tiles are nominal sizes. Sizes and prices include recommended joint allowances and joints shall not be deducted when estimating quantities.

Special order or Non-Stock Product (products not included in our current price list) orders require a 50% deposit. Buyer agrees that special order or Non-Stock Product orders are non-cancelable.

Transportation and Energy Surcharge

A Transportation and Energy Surcharge is separately charged to the Buyer to defray the fluctuations and uncertainty in costs related to transportation, fuel, general expenses of logistics, and numerous other costs, assessments, and surcharges imposed upon PrimeStile as it warehouses and positions product throughout its global supply chain.  Many of these costs fluctuate continuously based on market conditions and other factors outside of PrimeStile’s control and cannot reasonably be reflected in PrimeStile’s competitive price list for products. PrimeStile reserves the right to apply the variable surcharge in its sole discretion. All invoices are subject to the surcharge and subject to change without notice.

Credit

All orders, shipments and deliveries by PrimeStile are subject to credit approval by PrimeStile’s Credit Department. As part of this credit approval, PrimeStile may at any time decline to make any shipments or deliveries, and/or impose other terms or conditions or security arrangements as PrimeStile, in its sole discretion, deems appropriate. PrimeStile reserves and Buyer hereby grants PrimeStile a security interest in any products sold to the extent of the invoiced amount. If Buyer defaults under any obligation hereunder, Buyer agrees to make products available so that PrimeStile can repossess them. A copy of the invoice may be filed with appropriate authorities at any time as a financing statement. Upon PrimeStile’s request, 
Buyer will execute any documents to perfect PrimeStile’s security interest in any products.

PrimeStile reserves the right in its sole discretion to require prepayment from any Buyer at any time and may refuse to sell and/or withhold further shipment until all overdue balances are made current.

Buyer shall be liable for, and shall reimburse PrimeStile for all costs and expenses it may incur in connection with collection of any amounts owed or in enforcement of its rights, including without limitation, reasonable attorneys’ fees and expenses, court costs, and cost of collection agencies.

Payment

Buyer’s obligation to pay outstanding invoices and all other amounts is not subject to reduction, set-off, counterclaim, or Buyer’s receipt of payment from any third party. Buyer shall pay PrimeStile on a timely basis pursuant to the credit terms provided and shown on PrimeStile’s invoice. PrimeStile shall retain a purchase money security interest in all products sold until the entire purchase price has been paid in cash, in full. No check, money order, credit card, electronic payment or other form of payment shall constitute payment until it is paid by the bank on which it is drawn or by the institution of issue transmission.

PrimeStile, in its sole discretion, reserves the right to specify the form of payment acceptable for settlement of invoices and other amounts (i.e. check, certified check, money order, credit card, wire transfer, ACH, or other electronic or non-electronic form or payment). Additionally, should the acceptance of any form of payment cause PrimeStile to incur additional costs and fees, Buyer agrees to reimburse PrimeStile for any such fees upon PrimeStile’s request.

Any disputed amounts should be reported immediately and remitted with the undisputed amount by the payment due date. All billing disputes must be made within thirty (30) days of the applicable invoice date, or will be deemed to be waived. Balances remaining unpaid at the due date are subject, at the sole discretion of PrimeStile, to the assessment of late fees applied at the rate of 1.5% per month, or the highest rate permitted by law, whichever is lower, until paid.

Title and Delivery

All shipments by PrimeStile are F.O.B. PrimeStile’s facility, or, if applicable, the facility of an PrimeStile affiliate or agent. Title and risk of loss or damage to products passes to Buyer upon delivery to Buyer, or a common carrier, at PrimeStile’s facility, or, if applicable, the facility of an PrimeStile affiliate or agent.

Buyer acknowledges and agrees that delivery dates, when quoted, are estimates only and may be changed. PrimeStile will use reasonable efforts to deliver in accordance with quoted delivery dates. However, PrimeStile shall not be liable for nonperformance or delays caused by a shortage of raw materials, manufacturing problems, delivery or labor problems, priorities, acts of regulatory agencies or judicial bodies, discontinuation of a product line, acts of God or third parties, infringement claims, or other causes beyond its reasonable control.

PrimeStile reserves the right to make delivery in installments. All such installments shall be separately invoiced and paid for when due, without regard to subsequent deliveries. Delay of any shipment shall not relieve the buyer of its obligation to accept remaining installments. In the event that PrimeStile’s ability to supply products becomes constrained, for any reason whatsoever, PrimeStile may reduce quantities, delay shipments, or allocate products among its customers at its discretion.

If part or all of the products are to be delivered from outside of the continental borders of the United States, and such products are not available for any reason, then PrimeStile may in its reasonable discretion replace the same with like products, but shall be under no obligation to do so. If PrimeStile does not replace same, then PrimeStile shall notify Buyer within a reasonable period of time and as Buyer’s sole and exclusive remedy PrimeStile shall give Buyer credit based upon Buyer’s prepayments, if any, for the products.

Inspection and Acceptance

Any product sold or provided by PrimeStile shall be deemed accepted by Buyer upon delivery. Claims for damage, shortage or errors in shipping must be recorded on the original receiving documents and reported within twenty-four (24) hours following delivery to Buyer.

It is the Buyer’s responsibility to inspect all merchandise prior to installation. If for any reason the material is incorrect or unacceptable for installation, Buyer shall make such claim to PrimeStile, in writing, before installation.

PrimeStile’s liability in respect to all claims shall be limited to accepting the return of incorrect or unacceptable product before installation, and then only after PrimeStile has been notified in writing that the material is incorrect or unacceptable and has had the opportunity to inspect the product and conduct its own investigation. All original packaging materials must be kept until after inspection. Subsequent to any investigation, PrimeStile shall have the right to supply substitute products. If substitute products are to be supplied, PrimeStile shall have up to 90 days following the conclusion of PrimeStile’s investigation to so substitute

All claims for incorrect or unacceptable product should be received in writing within 30 days from shipment date and prior to installation. Installation of product is deemed acceptance of product and PrimeStile shall not be liable for , and will not recognize, claims made after the start of the installation including claims of incorrect product; claims of incorrectly sized, colored, shaded, calibrated, or packaged product; claims of product not matching prior shipments; and/or any other product claims. PrimeStile shall not be responsible for improper installation of products.

Returns

Special order or Non-Stock Product are not returnable and deposits on such are non-refundable. Returns of PrimeStile Stock Product (product contained within PrimeStile’s current price list) is subject to the prior authorization of PrimeStile, in its discretion. 

All return requests must be made within 30 days of shipment date. All product accepted for return must be in its original, unopened packaging, in full case quantities, and in good condition – suitable for resale. Returns are subject to a 25% Restocking Fee. Additionally, all costs of returning product to an PrimeStile facility, or the facility of an affiliate, agent or original manufacturer, will be the responsibility of the Buyer. After the assessment of all costs of return, Buyer’s account will either be credited for the excess of its deposit over such costs, or charged for the net of such costs in excess of its deposit.

Indemnification

Buyer shall at its own expense apply for and obtain any permits and inspections required for the installation and/or use of PrimeStile’s products. PrimeStile makes no promise or representation that the products will conform to any federal, state or local laws, ordinances, regulations, codes or standards.

PrimeStile shall not be responsible for any losses or damages sustained by the Buyer, or any other person, as a result of improper installation or misapplication of PrimeStile’s products. Buyer shall indemnify and hold harmless PrimeStile and its agents and employees against any loss, damage, claim, suit, liability, judgment or expense (including, without limitation, attorney’s fees) arising out of, or in connection with, any injury, damage to or loss of any property, or violation of any applicable laws or regulations resulting from, or in connection with, the sale, transportation, installation, use, or repair of PrimeStile’s products by the Buyer.

Warranty

PrimeStile warrants only to its immediate Buyer, and to no other person, that its products will, on the date of shipment, meet the terms of PrimeStile’s Bid Confirmation, Order Acknowledgement, or Sales Order pursuant to which such products were sold.

Manufactured Products: PrimeStile warrants that manufactured products will be free from defect for a period of one year from date of purchase. Defect is defined as a shortfall in the product to perform to specifications as disclosed in product or trade literature, within industry allowable tolerances as set forth in standard, national industry protocols.

This one-year express warranty is the sole warranty extended and replaces any statutory warranties to the maximum extent allowable by law. Customer misuse including negligence, physical, or chemical abuse is not covered by this warranty. Installation defects or installations that violate building codes are not covered by this warranty. All warranty claims must be reported immediately. Failure to report any warranty claim within 30 days of defect discovery will void this warranty. All products must be inspected prior to installation. Visual defects or nonconformities apparent prior to installation voids this warranty. Manufactured tile is subject to variation due to an inherent variability in raw materials and production processes. Ceramic tile with a rating of V3 or V4 may contain higher levels of variation. All products should be inspected prior to 
installation.

PRIMESTILE DISCLAIMS ANY AND ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR USE.

No agent, employee or other representative of PrimeStile has the authority to create any other affirmation, warranty or representation, either oral or written, regarding PrimeStile’s products.

THE LIABILITY OF PRIMESTILE UNDER ANY THEORY OF LIABILITY (WHETHER CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE) SHALL BE LIMITED AS FOLLOWS: THE SOLE AND EXCLUSIVE REMEDY FOR ANY BREACH OF WARRANTY, EXPRESS OR IMPLIED, SHALL BE THE REPLACEMENT OF DEFECTIVE GOODS F.O.B. PRIMESTILE’S FACILITY OR, AT PRIMESTILE’S OPTION, REFUND OF THE PURCHASE PRICE OF SUCH DEFECTIVE GOODS.

IN NO EVENT SHALL PRIMESTILE BE LIABLE FOR ANY SPECIAL, CONSEQUENTIAL, INDIRECT, OR OTHER DAMAGES BY REASON OF ANY BREACH OF WARRANTY, OR ANY DELAY OR FAILURE IN DELIVERY, WHETHER OR NOT PRIMESTILE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Buyer acknowledges and agrees that the foregoing disclaimer of warranties and limitations on PrimeStile’s liability are an essential basis for Buyer’s agreement with PrimeStile, that PrimeStile would not have entered into this agreement but for such provisions, and that the exclusion of special, incidental, consequential, indirect or other damages shall apply and be enforced whether or not PrimeStile is able to replace any defective goods or complete any delivery.

Any suit or other legal action that Buyer may bring against PrimeStile arising out of the sale of goods or other transactions contemplated hereby (whether in contract, tort, strict liability or otherwise) must be filed within 12 months from the earlier of (i) delivery of goods hereunder, or (ii) the date of PrimeStile’s alleged breach. Buyer’s failure to file within such period shall be deemed to act as a waiver and time bar for any and all claims against PrimeStile Tile, LLC.

Non-Waiver

PrimeStile’s waiver of any of these Terms in any instance is limited to that instance and does not imply that PrimeStile will waive such Terms on any future occasion.

Notices

Any notice to Buyer hereunder shall be deemed to have been given if sent by prepaid first class mail to the party concerned at its last know address. Notice to PrimeStile shall be to its Headquarter office at 4614 Whittier blvd., Los Angeles, California 90022.

Applicable Law

PrimeStile and Buyer agree that this agreement shall be deemed made in Los Angeles, California; that the internal laws of California shall govern; and that the state or federal courts sitting in Los Angeles County, California shall have jurisdiction and are the proper venue for all actions hereunder. Any dispute or disagreement arising out of the sale of goods contemplated hereby shall be submitted to binding arbitration before the American Arbitration Association (AAA) in Los Angeles, California, in accordance with its commercial arbitration rules then in effect. The arbitrator(s) shall award reasonable attorney’s fees and costs to the prevailing party, and the arbitrator’s award may be entered and enforced by any court of competent jurisdiction. All remedies of PrimeStile hereunder shall be deemed cumulative and shall be in addition to any other remedies PrimeStile may have under law. The exercise by PrimeStile of any one or more remedies shall not be deemed an election of remedies by PrimeStile Tile.