Terms & Conditions: Online Purchase

ONLINE PURCHASE TERMS AND CONDITIONS

This Agreement contains the terms and conditions that apply to you, the Customer, for purchases from Moore-Merkowitz Tile, Ltd (“Moore-Merkowitz”). By placing an order, Customer agrees to be bound by and accepts this Agreement as applicable to Customer’s purchase of product(s) from Moore-Merkowitz, and/or the Moore-Merkowitz Online Store (hereinafter the “Site”). As a condition of sale, Customer agrees to be bound by and accepts these terms and conditions.

SCOPE OF WORK

Moore-Merkowitz is not a contractor and does not perform or contract for the installation of any product. Moore-Merkowitz shall not assume responsibility, nor shall it be liable for a contractor’s work or the installation of any of its products.

SAMPLES

Customer has had the opportunity to request and approve color samples. Due to the nature of the raw materials and the production methods used for handmade ceramic art tile, some variation in size, color and surface from batch to batch is not only expected but enhances the beauty of the tile and the finished installation. The finished tile order can vary from the approved color sample(s). Crazing, which is the development of small surface cracks in the glaze, may occur and is not considered a defect. No guarantee is made against crazing. Moore-Merkowitz Tile, Ltd does not guarantee exact color matching for add-on orders due to potential changes in raw materials and natural variation that occurs from batch to batch.

NO REFUNDS

ONCE AN ORDER IS PLACED, MOORE-MERKOWITZ TILE, LTD DOES NOT ACCEPT ORDER CANCELATIONS OR RETURNS AND NO REFUNDS WILL BE MADE.

ORDER ACCEPTANCE POLICY

Customer’s receipt of an electronic or other form of order confirmation does not signify Moore-Merkowitz acceptance of Customer’s order, nor does it constitute confirmation of Moore-Merkowitz’s offer to sell. Moore-Merkowitz reserves the right at any time after receipt of Customer’s order to accept or decline Customer’s order for reasonable cause including but not limited to lack of availability of products, failure by Customer to satisfy payment terms, product suitability to project, and/or breach by Customer of this Agreement. If payment has been remitted for the purchase and Moore-Merkowitz cancels Customer’s order, Moore-Merkowitz shall forthwith issue a refund equal to the amount remitted for the unaccepted or cancelled order.

PRICE

Prices are subject to change at any time without prior notice. The prices are exclusive of any taxes.

PAYMENT

Payment in full is due when order placed.

TAXES

Customer is responsible for all sales, use, excise, value-added and other charges associated with the order, however designated, including any duties, clearance charges or other destination charges. All Taxes shall be paid by Customer in addition to the Price.

PACKAGING, SHIPPING

Retail shipping cost is included in the price of tile. Moore-Merkowitz Tile, Ltd shall pack all Products in accordance with its standard commercial practices. If Customer has any special shipping or handling requirements, Customer shall notify Moore-Merkowitz Tile, Ltd in a timely manner regarding any such special requirements, and Customer shall be responsible for any increase in cost to pack the Purchase Order.

Moore-Merkowitz Tile, Ltd’s quoted delivery schedule represents its best estimate and is based on current schedules and workload. Moore-Merkowitz Tile, Ltd shall have no liability for delay or any damages or losses sustained by Customer as a result of such estimate not being met. Partial deliveries shall be permitted.

Customer shall not refuse a shipment. In the event a shipment is refused, the order will incur additional shipping charges that the customer will be responsible for paying. Unless otherwise agreed to by Moore-Merkowitz Tile, Ltd in writing, delivery shall be deemed to have occurred FOB origin. This means that the Customer assumes title of the goods the moment the freight carrier picks up the Products from our facility.

DAMAGE

Customer is responsible for inspecting freight for shortages or signs of damage upon receipt of goods. Any tile damages must be reported on freight driver’s delivery receipt. Customer must photograph any damaged tile and packaging upon arrival. All freight, loss, and damage claims must be filed with Moore-Merkowitz within 72 hours from the moment the shipment was delivered.

FORCE MAJEURE AND EXCUSABLE DELAY

Moore-Merkowitz Tile, Ltd shall not be liable for any damages of any kind for delayed or non-performance if such delayed or non-performance is due directly or indirectly to:

Customer, including omissions or failure to act on the part of Customer or its agents or employees;
An Event of Force Majeure, defined herein as including acts of God, acts of public enemies, fires, floods or unusually severe weather conditions, strikes, lockouts, disputes with workmen or other hostilities, embargoes, wars, riots or civil disturbances, epidemics or quarantine restrictions, delays or shortages of transportation, governmental action including the government’s denial or failure to grant an export license or other needed government authorization; or
Causes beyond Moore-Merkowitz Tile, Ltd’s reasonable control, including severe accidents at Moore-Merkowitz Tile, Ltd’s facility, unforeseen production or engineering delays or inability of Moore-Merkowitz Tile, Ltd or its vendors to secure adequate materials, manufacturing facilities or labor, or any other acts and causes not within the control of Moore-Merkowitz Tile, Ltd, which by the exercise of due diligence and reasonable effort, Moore-Merkowitz Tile, Ltd would not have been able to foresee, avoid or overcome.

MOORE-MERKOWITZ TILE, LTD shall notify Customer of any delayed or non-performance due to an excusable delay or Event of Force Majeure as soon as practicable. If either such event should occur, Moore-Merkowitz Tile, Ltd’s period of performance shall be extended for a period of time equal to the duration of either such event.

PRODUCT DISCLAIMER

LIMITED WARRANTY

MOORE-MERKOWITZ TILE, LTD DOES NOT WARRANT ANY PRODUCT FOR ANY SPECIFIC USE OR INSTALLATION PROCEDURE OR MAINTENANCE PRACTICE. UPON PURCHASING OR INSTALLING OR USING ANY PRODUCT, CUSTOMER 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. MOORE-MERKOWITZ TILE, LTD DISCLAIMS ALL SUCH WARRANTIES. ALL PURCHASES ARE “AS IS,” “AS AVAILABLE” AND “WITH ALL FAULTS”. MOORE-MERKOWITZ TILE, LTD 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.

LIMITATION OF LIABILITY

NOTWITHSTANDING ANYTHING HEREIN TO THE CONTRARY, AND REGARDLESS OF THE NUMBER OF CLAIMS OR THE FORM OR CAUSE OF ACTION, WHETHER IN CONTRACT, EQUITY, STATUTE, TORT, NEGLIGENCE (ACTIVE OR PASSIVE) OR OTHERWISE, MOORE-MERKOWITZ TILE, LTD SHALL NOT BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY, OR CONSEQEUENTIAL DAMAGES OF ANY KIND, AND SHALL NOT BE LIABLE TO CUSTOMER FOR LOSSES OF USE, DATA, PROFIT, REVENUE, INCOME, BUSINESS, ANTICIPATED SAVINGS, REPUTATION, AND MORE GENERALLY, ANY LOSSES OF AN ECONOMIC OR FINANCIAL NATURE, REGARDLESS OF WHETHER SUCH LOSSES MAY BE DEEMED AS CONSEQUENTIAL OR ARISING DIRECTLY AND NATURALLY FROM THE INCIDENT GIVING RISE TO THE CLAIM, AND REGARDLESS OF WHETHER SUCH LOSSES ARE FORESEEABLE OR WHETHER A PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSSES. EXCLUDING GROSS NEGLIGENCE OR WILLFULL MISCONDUCT, MOORE-MERKOWITZ TILE, LTD’S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH A PURCHASE ORDER, QUOTE OR INVOICE SHALL IN NO EVENT EXCEED ACTUAL, DIRECT, AND PROVEN DAMAGES OF THE PRICE OF THE PRODUCT DIRECTLY PURCHASED BY CUSTOMER UNDER THE PURCHASE ORDER, QUOTE, OR INVOICE GIVING RISE TO THE CLAIM. THIS LIMITATION OF LIABILITY SHALL APPLY NOTWITHSTANDING ANY FAILURE OF THE ESSENTIAL PURPOSE OF ANY LIMITED OR EXCLUSIVE REMEDY. TO THE EXTENT THESE TERMS AND CONDITIONS CONTAIN ANY SPECIFIC REMEDIES PROVIDED BY MOORE-MERKOWITZ TILE, LTD TO CUSTOMER, REGARDLESS OF FORM, SUCH REMEDIES SHALL BE PROVIDED BY MOORE-MERKOWITZ TILE, LTD ON A SOLE AND EXCLUSIVE BASIS AND IN LIEU OF ANY OTHER REMEDIES, DAMAGES, OR LOSSES.

INTELLECTUAL PROPERTY

GOVERNING LAW

These Terms and Conditions and any action related hereto shall be governed by and construed in accordance with the substantive laws of the State of New York without regard to conflict of laws and all disputes arising under or relating to the purchase from Moore-Merkowitz Tile, Ltd shall be brought and resolved solely and exclusively in the State Court located in Allegany County, New York.

WAIVER

If either party, at its option, agrees to waive any of these Terms and Conditions, then such waiver shall not for any purpose be construed as a waiver of any succeeding breach of the same or of any other of these Terms and Conditions; nor shall such a waiver be deemed as a course of conduct.

SEVERABILITY

If any of these Terms and Conditions are at any time held to be invalid or unenforceable, then such term or condition shall be construed as severable and shall not in any way render invalid or unenforceable the remainder of these Terms and Conditions, which shall remain in full force and effect.

Contact Us

If you have any questions about these Terms, please contact us.