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MINNESOTA TILE & STONE
TERMS AND CONDITIONS OF SALE

ACCEPTANCE AND APPROVAL OF ORDER
An order will become valid on Seller only upon written acceptance and acknowledgment by Seller.  Any additional or different terms contained in any purchase order or Buyer acknowledgment are objected to by Seller and shall not be binding upon Seller unless accepted by Seller in writing.  Receipt by Buyer of Minnesota Tile & Stone products shall constitute an acceptance by the Buyer of Minnesota Tile & Stone’s Terms and Conditions of Sale.

AVAILABILITY OF MERCHANDISE
All orders are accepted subject to the availability of the merchandise at our warehouse.  If any merchandise happens to be temporarily out of stock, we will do everything possible to hasten delivery from the manufacturer or try to obtain it from another distributor.  In such cases, the warehouse price will prevail, but any freight charges incurred on an L.T.L. shipment are to be paid by the purchaser.

PRICING POLICY

  1. PRICE CHANGES: PRICES LISTED ARE SUBJECT TO CHANGE WITHOUT NOTICE.  In the event of an increase or decrease, the new price will apply to all deliveries on or after the date of price change.
  2. PRICE QUOTATIONS FOR LARGE SPECIFIC JOBS: Contact us for quotations on large specific jobs.  Quoted prices will be honored per the terms of the quotation. Unless other terms have been agreed to, Minnesota Tile & Stone will invoice the entire job upon warehouse receipt.
  3. PRICE PROTECTION: Price protection is a deviation from our normal pricing policy.  Where possible, we will offer protection, however, only when specifically requested and only when seller confirms in writing.

SALES TAX
An order placed by the Buyer and accepted by the Seller is subject to all applicable sales taxes unless an exempt sales tax certificate is on file at our main office.

PAYMENT TERMS
All sales are made on a “cash and carry” basis unless the customer requests and Minnesota Tile & Stone grants open account status.  Our accounting department can also keep a credit card on file for payments.

Payment terms shall be as specified on Seller’s invoice issued for goods sold to Buyer.  Late payments shall accrue a finance charge of one and one-half percent (1 ½ %) per month or the highest rate allowable by law, whichever is less.  Seller shall be entitled to recover all costs and expenses, including reasonable attorney’s fees, arising out of Buyer’s failure to make all payments due in a timely manner.  Goods shall be deemed accepted by Buyer unless Seller is notified in writing of non-acceptance within ten (10) days after receipt by Buyer.

Accounts that are 60 days in arrears will automatically be put on credit hold, unless otherwise arranged.

Accounts placed on credit hold will need to fill out a new credit application and be approved for open account.

A service charge of $30.00 will be assessed on all returned checks; in addition to any incurred bank fees.

SPECIAL/NON STOCK ORDERS
A 100% deposit is required of all “cash and carry” customers.  Deposit must be received before the order is accepted. Customers with a credit card on file or open account status do not require a deposit on special order material unless the material will be custom made or brought in from out of the country or the customer exceeds their credit limit; in which case a 100% deposit is required.

We reserve the right to alter special orders to conform to manufacturers packaging requirements (i.e., full cartons, etc.).  SPECIAL ORDERS ARE NOT CANCELABLE AND NO RETURNS ARE ACCEPTED.  Special orders will be invoiced upon warehouse receipt.

MARBLE SHOP ORDERS/FABRICATION
All custom orders require a 100% deposit at the time of order unless other terms have been agreed to in writing.

RETURNS
Returns will be accepted on saleable stock material in clean unopened cartons if returned within 30 days of invoice.  The invoice or packing list must accompany the return.  All returns must be labeled with customer name and phone number.

NO ORDER MAY BE CANCELED FOR SPECIAL ORDER MATERIAL WITHOUT THE COMPANY’S PRIOR WRITTEN CONSENT.

NO RETURNS ON SPECIAL ORDER PRODUCTS.

NO restocking charge on saleable stock materials.  All returns are to be delivered to our warehouse freight prepaid.  Minnesota Tile & Stone will not accept any collect, LTL or UPS shipment.

DELIVERY/PACKING CHARGES
A packing/pallet charge of $10.00 plus shipping charges will be charged to all orders that are shipped out by UPS, SpeeDee, Courier, freight line, etc.  All orders shipped freight collect will be sent best way unless otherwise directed by the purchaser. Seller shall not be liable for damages, whether direct, incidental or consequential, for the loss of profits or any other legal or equitable relief because of any delay in delivery or failure to deliver goods, in whole or in part.  Delivery to job sites or other locations is available and can be arranged through our Order Desk. Delivery fee is based upon weight, space, distance and any unloading charges.

NO DEDUCTION
Buyer shall not be entitled to deduct from the invoiced price the amount of any claim asserted by Buyer, unless agreed to in writing by Seller.  

FREIGHT CLAIMS
All claims for delays, damages, or loss in transit shall be made to the carrier as seller’s responsibility ceases upon delivery of the goods at our dock to an independent carrier.

PRODUCT CLAIMS
Buyer acknowledges that Seller accepts no responsibility for the installation of placement of any materials furnished by Seller.  Any defect in project design or installation, and any misuse or failure to properly maintain any installation of seller’s materials voids any and all warranties (express or implied) by Seller, except warranty of title.  All materials furnished by Seller must be inspected by Buyer, and any claimed defect or non-conformity must be communicated to Seller in writing within five (5) days after buyer receives the materials which is claimed to be defective. Under no circumstances will Seller’s responsibility exceed the cost of the product supplied.

Color charts, color illustrations and reproductions in catalogs or other publications merely approximate the qualities of the manufacturer’s product.  Buyer understands that all samples are submitted as representative of a type, a color, a shade, or a kind of finish, and the products furnished in a shipment can naturally vary from such samples.  Therefore Buyer waives all claims concerning these variations upon the cutting or installing of the products acquired by Buyer pursuant hereto.

Seller will not assume any responsibility for quantity estimates or guarantee accuracy of quantities taken or supplied from plans or specifications.

WARRANTY
Buyer acknowledges that Seller expresses no warranties, either expressed or implied, including warranties of fitness or merchantability, regarding the Products offered.  Other than remedies provided for in the preceding paragraph, Buyer hereby waives all claims arising from any alleged breach of warranty.

Disclaimer of consequential Damages
IN NO EVENT SHALL COMPANY BE LIABLE UNDER THIS AGREEMENT TO BUYER OR ANY THIRD PARTY FOR ANY CONSEQUENTIAL,INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL OR PUNITIVE DAMAGES, INCLUDING ANY DAMAGES FOR BUSINESS INTERUPTION, LOSS OF USE, REVENUE OR PROFIT, WHETHER ARISING OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE AND WHETHER OR NOT THE BUYER WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, TO THE MAXIMUM EXTENT THAT SUCH DAMAGES MAY BE DISCLAIMED UNDER APPLICALBE LAW.

Binding Agreement
This agreement shall inure to the benefit of the successors and assign of Buyer, and shall be binding upon applicant’s heirs, successors and assigns.

ARBITRATION
All claims, disputes or controversies arising out of or related to this Application, shall be submitted to and resolved by binding arbitration by a single arbitrator in Hennepin County, State of Minnesota.  The American Arbitration association (AAA) shall conduct the arbitration and the costs of arbitration shall be borne equally by the parties.