TERMS AND CONDITIONS OF SALE
Please review the Order Confirmation thoroughly for product accuracy, quantities, and estimated lead times. DDS will not be held responsible for quantities, product details or delivery details confirmed incorrectly.
All orders under $1000.00 must be paid in full prior to shipment. Confirmations must be returned signed and deposits must be paid in full prior to production and/or shipping for all other orders.
All dates noted on the Order Confirmation are estimated. DDS will not be held responsible for any changes in production lead time or availability due to delayed payments and signatures. DDS will not be held liable for any loss, expense, or damages incurred if we are unable to meet the estimated lead time.
Deliveries are quoted to a commercial door location unless otherwise noted. Commercial door delivery is defined as open receiving hours (Customer to confirm those hours at time of order) and available dock and/or forklift. Orders confirmed as compliant with these conditions that require additional delivery services will be amended to include necessary charges. Jobsite delivery charges are contingent upon site conditions and must be confirmed at time of order. Delivery of slab material may also be subject to additional costs.
All claims for damages or shortages must be reported to DDS within five business days of delivery. If DDS does not receive notification of damage or shortage within five business days of delivery, DDS disclaims all responsibility for any damage or shortage.
Delay or reconsignment of delivery location will be subject to additional charges. If a delay of delivery is requested DDS may deliver to a warehouse location to be arranged, defined, and paid for by the customer. DDS will invoice the material in full once delivered to the Customer's storage location. The Customer must ensure inspection of the material occurs within five days of delivery to said location.
Custom, imported, and made-to-order products are noncancelable and not returnable. In-stock material which has shipped domestically will be, at a minimum, subject to restocking fee and shipping costs. Returns will be subject to authorization. After 90 days returns will not be accepted for any reason.
Customer must inspect all products before installation. Installation constitutes acceptance. Once installed, there will be no adjustments or returns made. DDS does not accept responsibility or liability for installation, sealing, nor refinishing. DDS recommends that a licensed professional installer be used for all production installations. Please refer to the American National Standards Institute and the Tile Council of North America for tile and stone installation standards. DDS recommends dry laying all tile and stone prior to installation to ensure ideal blending and desired shade variation distribution.
DDS shall not be liable for any loss or damage caused by delay in furnishing goods or any other performance under the Order Confirmation. In no event shall DDS be liable for any special, indirect, incidental, or consequential losses or damages. In no event shall DDS be liable to the Customer or any other party in an amount exceeding the net purchase price of the goods actually delivered to and paid for by the Customer hereunder, for loss, damage, or injury of any kind or nature to persons or property arising out of or in connection with the goods provided under the Order Confirmation. The foregoing limitation of liability shall apply whether any claim is based upon principles of contract, warranty, negligence, or other tort, principles of indemnity or contribution, the failure of any limited or exclusive remedy to achieve its essential purpose, or otherwise. No liability shall result from delay in performance directly or indirectly caused by circumstances beyond the control of the party affected, including but not limited to acts of god, fire, explosion, flood, war, acts of or authorized by any government, accident, labor trouble, or shortage, inability to obtain material, equipment or transport.
The Order Confirmation and these terms and conditions constitute the entire agreement between the parties, and all previous communications, whether oral or written, are hereby superseded, except to the extent that they have been expressly incorporated into the Order Confirmation. No modification of these Terms and Conditions shall be binding on either party unless in writing and signed by both parties. No modification shall be effected by the acknowledgement or acceptance of the Order Confirmations forms stipulating different conditions. Unless Customer shall notify DDS in writing to the contrary as soon as possible after receipt of this document by the Customer, acceptance of the products or payment therefore shall be equivalent to the Customers assent to all the terms and conditions hereof. Waiver by either party of any default by the other hereunder shall not be deemed a waiver by such party of any default by the other which may thereafter occur. Any terms proposed by the Customer in any Order confirmation or otherwise which add to, vary from or conflict with the terms herein are hereby deemed to be material alterations and notice of objection to them and rejection of them is hereby given. Any such proposed terms shall be voided, and the terms herein shall constitute the complete and exclusive statement of the terms and conditions of the agreement between the parties, subject only to the modification by written instrument executed by authorized representatives of both parties.