The Agreement between Customer and Porven, Ltd. d/b/a Porcelanosa USA is subject to availability of the Products to be supplied. No other terms apply to the Agreement unless either agreed in writing or agreed orally and confirmed by a replacement Sales Order delivered to Customer by hand or by electronic mail. For custom made or custom fit Products such as kitchen or closet cabinetry, facades projects, Krion custom made products or other custom made or custom fit products (“Custom Orders”) a separate agreement may apply.
Unless stated otherwise, all prices quoted are exclusive of sales and use taxes which shall be added (if applicable) at the prevailing rate. All prices quoted are also exclusive of freight and delivery fees, unless otherwise stated. The Sales Order sets out the price and terms for payment and the amounts of any deposits. A fifty percent (50%) deposit is required to reserve the items on an order and payment in full must be received prior to scheduling delivery. In case of Special Orders and Custom Orders, unless otherwise agreed, hundred percent (100%) payment shall be required to place an order.
During Annual Sales or other promotional sales, payment in FULL is required for ALL Products to qualify for sale pricing.
A payment shall be considered effected when it is available for Porcelanosa USA. In the case of checks, payment shall be deemed effective when such checks have been cashed.
The payment terms are fundamental to the Agreement and any breach of those terms by the Customer terminates the Agreement.
Customer shall confirm that the Sales Order contains full and accurate information of the ordered Products, especially Product, price, quantity, payment and delivery information. Porcelanosa USA assistance during the purchase process is based on the information the Customer provides. It is the Customer’s responsibility to provide Porcelanosa USA with accurate information. Porcelanosa USA shall not be liable for any mistake arising from inaccurate or incomplete information provided by the Customer. Customer should verify quantities, dimensions, site conditions and other requirements with its installer before ordering, where necessary.
Porcelanosa USA will provide the Customer with an ESTIMATE of arrival of the Product. Once the Product is ready for delivery Porcelanosa USA or the delivery company will inform the Customer and provide him/her with the available delivery dates.
Porcelanosa USA will make its best efforts to reach the estimated date but the actual delivery date could exceed it due to circumstances beyond Porcelanosa USA’s control. Notwithstanding the above, Customer may always be able to reach Porcelanosa USA Store for re-schedules and questions about the status of the order. Porcelanosa USA will always do its best to satisfy the Customer.
Customer is responsible to provide Porcelanosa USA with a valid and accurate shipping address. Once delivery is confirmed, any failure by Customer to abide by the delivery schedule will result in re-scheduling fees to Customer. In the event Porcelanosa USA makes a delivery attempt that Customer fails to receive, Customer shall assume the extra cost of the failed delivery in addition to the valid one.
Deliveries are to curbside, driveway or a garage/secured area only if accessible by pallet jack and unless otherwise noted in the Sales Order. If previously required by Porcelanosa USA, Customer shall also be responsible to be equipped with a forklift and a dock. Porcelanosa USA does not clean or remove trash or packaging after delivery.
Delivery fees change depending location. Inside delivery service may be purchased at an additional cost that will be quoted per job.
Porcelanosa USA is not responsible for damages to items that were not properly removed prior to the delivery arrival. The delivery crew is not authorized or insured to move items other than the Product being delivered. The delivery crew is not authorized or insured either to mount or drill any items on your wall, nor to connect or disconnect any media equipment.
Customer is responsible to make sure that the access to the site into which the items are to be fitted is sufficient for the size of the Products purchased and to modify the premises if necessary. If upon delivery the Product does not fit, the customer will still be responsible for the delivery fee. Customer must also provide the delivery vehicle with reasonable access to park and deliver, or give Porcelanosa USA sufficient notice for reasonable arrangements for making deliveries.
Customer agrees to sign a delivery note as proof of delivery.
24 hours prior notification is required to schedule a pick-up in Porcelanosa USA’s warehouse.
Porcelanosa USA shall not be liable for any reasonable delay in performance or failure to perform which is attributable to any cause beyond its immediate control, including, but not limited to, acts of God, fire, or other catastrophes, strikes, civil disobedience, military acts fabrication delays, inability to obtain Items, or transportation delays. Hence, Porcelanosa USA shall not be responsible for any labor charges, installation, or other consequential losses or incidental damages arising from such delays.
It is Customer’s responsibility to inspect the Products upon delivery or when picking up to ensure that they are in a satisfactory condition without any obvious damage and delivered in the quantities exhibited on the order. Damages shall be reported as indicated below.
Upon delivery, Customer shall make sure all items are in satisfactory condition before installing them. Any damaged, incorrect or missing merchandise must be reported as indicated below. To the extent permitted by law, Porcelanosa USA will not be responsible for any losses incurred if Customer does not adhere to this.
If a surrogate receives the merchandise on the Customer’s behalf, Customer is still responsible to make sure all items are in satisfactory condition.
Once the Products have been delivered by Porcelanosa USA to the Customer or its representative, the responsibility for the Products passes from Porcelanosa USA to the Customer including, without limitation, the risk of them becoming lost or damaged.
Some Products have variations of shading, size and finish which shall not be considered defects. Natural Products (made from materials such as marble, wood or stone) have a greater degree of variation than any of Porcelanosa USA’s other Products. This applies not only to shading but also to the pattern that is produced with a Natural Product. The fact that the material is natural means that it may present imperfections inherent in its nature such as knots in wood, different shading, color or different intensity and orientation of veining in marble. It is impossible to get two Natural Products that are the same as each other in shading and/or design. Customer agrees that any Natural Product supplied will not be equal to the ones in the catalogue or showroom, but will be similar. Natural Products require special care, in order to maintain its quality and beauty; Customer must follow all the instructions provided in the Warranty, Maintenance Guideline and Installation Instructions of the Product. Product dimensions as exhibited on quotation, sales order, invoice and other forms are nominal. Please consult the Product data sheet or contact your sales representative for actual dimensions.
All Products should be installed according to the approved industry standards and Porcelanosa USA’s installation instructions and Customer shall provide its installer with the Installation Instructions from Porcelanosa USA. Installation of the Product constitutes its acceptance.
Installation services are not included in this Agreement. In the event Porcelanosa USA provides installation services, a separate written agreement must apply.
Porcelanosa USA remains the legal owner of the Product until payment has been received in full. If Customer obtains possession of the Products before then, Customer agrees to hold them on Porcelanosa USA’s behalf until full payment has been received, Customer will then become the legal owner.
Special Orders, Final Sale items orders and Custom Orders may not be cancelled after 24 hours from the Sales Order date. For the rest of orders, Customer may cancel the order within 15 days of the Sales Order but at least 72 hours before delivery. Unless otherwise agreed, the amount already paid will be refunded in full.
In the event Porcelanosa USA cancels, to the extent permitted by law, its liability will be limited to refunding within 10 business days any deposit paid to Porcelanosa USA for the Products to the person who paid us. If payment has been made by somebody else on Customer’s behalf (e.g. a credit card company or a bank), the repayment shall be made to them.
Returns or exchanges will not be accepted without prior authorization. Returns or exchanges are not accepted after 45 days from the delivery date. A 20% restocking fee will be assessed on approved returns within 45 days from the delivery date. Product must be returned or exchanged via prepaid freight, in full original cartons, intact and in salable condition. In case of tile, only complete full cartons will be accepted. In case of items sold by piece, they must be returned by the piece. A packing or original invoice and Porcelanosa USA’s return authorization number must accompany all returns.
Special Orders, Final Sale items orders and Custom Orders may not be returned or exchanged.
Purchases above $25.00 made by cash or check will be refunded by check and mailed within 10 business days to the individual or company who appears in the original invoice. Refunds of credit card purchases are refunded to the card used on the original purchase.
All Claims for shortages, damages, or billing errors must be reported upon acceptance of goods and confirmed in writing within 30 days from the invoice date. Claims made after 30 days will be waived and the original billing will be assumed correct and valid.
If Customer claims that defective Products have been provided by Porcelanosa USA, Customer agrees to allow Porcelanosa USA the right and access to inspect them at all reasonable times requested by Porcelanosa USA. Until a claim is fully resolved, Customer agrees to hold the Products in good condition and take all care of them. Please refer to Warranty of the Product for further details.
Porcelanosa USA is an independent contractor. No Customer can be considered the legal representative or agent of, or has the power to obligate Porcelanosa USA for any purpose whatsoever. Porcelanosa USA and the Customer expressly acknowledge that the relationship intended by them is a business relationship based entirely on and circumscribed by the express provisions of this Agreement and that no exclusivity, partnership, joint venture, franchise, agency, fiduciary or employment relationship is intended or created by any reason.
The Customer acknowledges and understands that Porcelanosa USA has the right to sell its products in any area or territory of the United States and in the rest of the world and that Porcelanosa USA may sell directly to other Customers, architects, dealers, home owners, etc. at Porcelanosa USA’s own discretion, at any time and territory. Porcelanosa USA reserves the right to refuse to sell or deliver to any Customer at its own will and without notice or reason.
When contracting with trade customers, this Agreement shall be for commercial (non-consumer) purposes only.
*Porcelanosa USA reserves the right to change these terms and conditions at any time without prior notice.
For any cancellation, returns or defects Customer shall provide the following information to its Porcelanosa USA Store: Authorization Number, Invoice Number, Item Number, picture of the product and description of the problem.
These terms and conditions and any agreement which incorporates them will be governed by the laws of Ontario and the federal laws applicable therein. To the maximum extent permitted by law, Customer agrees that Porcelanosa East Canada’s aggregate liability to Customer or any third party to whom Customer provides use of or access to the Product for all failures to comply with any obligation, standard of care or duty of care owed to Customer and any third party to whom Customer provides use of or access to the Product is limited to an amount equal to the purchase price of the Products or obligations to which any claim for damages relates. If any part of these terms and conditions is declared unenforceable or invalid, the remainder will continue to be valid and enforceable.
V. 06/27/2018
These terms and conditions (together with any Sales Order incorporating them (the “Agreement”) are entered into by Porcelanosa East Canada, Inc. (“Porcelanosa East Canada”) and the purchaser (the “Customer”) of any product provided by or ordered from Porcelanosa East Canada (each, a “Product”). Any Sales Order between Customer and Porcelanosa East Canada is subject to availability of the Products to be supplied. No other terms apply to the Agreement unless either agreed in writing or agreed orally and confirmed by a replacement Sales Order delivered to Customer by hand or by electronic mail. For custom made or custom fit Products such as kitchen or closet cabinetry, facades projects, Krion custom made products or other custom made or custom fit products (“Custom Orders”) or for orders for Products which Porcelanosa does not have in stock at that the time of ordering (“Special Orders”) a separate agreement may apply.
Unless stated otherwise, all prices quoted are exclusive of sales and use taxes which shall be added (if applicable) at the prevailing rate. All prices quoted are also exclusive of freight and delivery fees, unless otherwise stated. The sales order delivered to the Customer (each, a “Sales Order”) sets out the price and terms for payment and the amounts of any deposits. A fifty percent (50%) deposit is required to reserve the items on an order and payment in full must be received prior to scheduling delivery. In case of Special Orders and Custom Orders, unless otherwise agreed, hundred percent (100%) payment shall be required to place an order.
During Annual Sales or other promotional sales, payment in FULL is required for ALL Products to qualify for sale pricing.
A payment shall be considered effected when it is available for Porcelanosa East Canada. In the case of checks, payment shall be deemed effective when such checks have been cashed.
The payment terms are fundamental to the Agreement and any breach of those terms by the Customer terminates the Agreement.
Customer is responsible for ensuring that the Sales Order contains full and accurate information of the ordered Products, especially Product, price, quantity, payment and delivery information. Porcelanosa East Canada assistance during the purchase process is based on the information the Customer provides. It is the Customer’s responsibility to provide Porcelanosa East Canada with accurate information. Porcelanosa East Canada shall not be liable for any mistake arising from inaccurate or incomplete information provided by the Customer. Customer should verify quantities, dimensions, site conditions and other requirements with its installer before ordering, where necessary.
Porcelanosa East Canada will provide the Customer with an estimated date of arrival of the Product. Once the Product is ready for delivery Porcelanosa East Canada or the delivery company will inform the Customer and provide him/her with the available delivery dates.
Porcelanosa East Canada will use reasonable efforts to reach the estimated date but the actual delivery date could exceed it due to circumstances beyond Porcelanosa East Canada’s reasonable control. Notwithstanding the above, Customer may contact Porcelanosa East Canada Store for re-schedules and questions about the status of the order. Porcelanosa East Canada will always try to satisfy the Customer.
Customer is responsible for providing Porcelanosa East Canada with a valid and accurate shipping address. Once delivery is confirmed, any failure by Customer to abide by the delivery schedule will result in re-scheduling fees to Customer. In the event Porcelanosa East Canada makes a delivery attempt that Customer fails to receive, Customer shall assume the extra cost of any failed delivery in addition to the cost of the subsequent successful delivery.
Deliveries are to curbside, driveway or a garage/secured area only if accessible by pallet jack and unless otherwise noted in the Sales Order. If previously required by Porcelanosa East Canada, Customer shall also be responsible to be equipped with a forklift and a dock. Porcelanosa East Canada is not responsible for cleaning or removing trash or packaging after delivery.
Delivery fees are charged to the customer as separate item in the invoice or Sales Order and are not included in the product’s price. Different fees may apply based on the delivery location. Inside delivery service may be purchased at an additional cost that will be quoted on a per job basis in the Sales Order.
Porcelanosa East Canada is not responsible for damage to items that were not properly removed prior to the delivery arrival. The delivery crew is not authorized or insured to move items other than the Product being delivered or to mount or drill any items on your wall, nor to connect or disconnect any media equipment. Porcelanosa East Canada will not be responsible for any such activities undertaken by a delivery crew at Customer’s request.
Customer is responsible for making sure that the access to the site into which the items are to be fitted is sufficient for the size of the Products purchased and to modify the premises if necessary. If upon delivery the Product does not fit, the customer will still be responsible for the delivery fee. Customer must also provide the delivery vehicle with reasonable access to park and deliver, or give Porcelanosa East Canada sufficient notice to make alternative reasonable arrangements for making deliveries.
Customer agrees to sign a delivery note as proof of delivery.
Porcelanosa East Canada requires at least 24 hours prior notification in order to schedule a pick-up from Porcelanosa East Canada’s warehouse.
To the maximum extent permitted by law, Porcelanosa East Canada shall not be liable for any reasonable delay in performance or failure to perform which is attributable to any cause beyond its immediate control, including, but not limited to, acts of God, fire, or other catastrophes, strikes, civil disobedience, military acts fabrication delays, inability to obtain Items, or transportation delays. Hence, Porcelanosa East Canada shall not be responsible for any labor charges, installation, or other consequential losses or incidental damages arising from such delays.
It is Customer’s responsibility to inspect the Products upon delivery or when picking up to ensure that they are in a satisfactory condition without any obvious damage and delivered in the quantities exhibited on the order. Damaged or defective Products shall be reported as indicated in the “Claims Policy” and “Defects” sections set out below.
Upon delivery, Customer shall make sure all items are in satisfactory condition before installing them. Any damaged, incorrect or missing merchandise must be reported as indicated below. To the extent permitted by law, Porcelanosa East Canada will not be responsible for any losses incurred if Customer does not adhere to this.
If a surrogate, contractor, agent or other third party receives the merchandise on the Customer’s behalf, Customer is still responsible to make sure all items are in satisfactory condition.
Once the Products have been delivered by Porcelanosa East Canada to the Customer or its representative, the responsibility for the Products passes from Porcelanosa East Canada to the Customer including, without limitation, the risk of them becoming lost or damaged.
Some Products have variations of shading, size and finish which shall not be considered defects. Products made from materials found in nature, such as marble, wood or stone (“Natural Products”) have a greater degree of variation than any of Porcelanosa East Canada’s other Products. This applies not only to shading but also to the pattern that is produced with a Natural Product. The fact that the material from which a Natural Product is made is natural means that it may present imperfections inherent in its nature such as knots in wood, different shading, color or different intensity and orientation of veining in marble. It is impossible to get two Natural Products that are the same as each other in shading and/or design. Customer agrees that any Natural Product supplied will not be equal to the ones in the catalogue or showroom, but will be similar.
Natural Products require special care, in order to maintain their quality and beauty; Customer must follow all the instructions provided in the Warranty, Maintenance Guideline and Installation Instructions of the Product set out with respect to the purchased product at: http://www.porcelanosa-usa.com/products.html. The measurements provided in the packaging, sales order or other documents may be rounded up; please contact your sales representative for more precise measurements.
All Products should be installed according to the approved industry standards and Porcelanosa East Canada’s installation instructions and Customer shall provide its installer with the Installation Instructions provided by Porcelanosa East Canada. Installation of the Product constitutes its acceptance at which point Customer is no longer able to return or exchange of the Product. Installation services are not included in this Agreement and any such installation is at Customer’s sole risk unless otherwise agreed to by Porcelanosa East Canada and Customer in writing. In the event Porcelanosa East Canada provides installation services, a separate written agreement must apply.
Porcelanosa East Canada remains the legal owner of the Product until payment has been received in full. If Customer obtains possession of the Products before then, Customer agrees to hold them on Porcelanosa East Canada’s behalf until full payment has been received, Customer will then become the legal owner.
Special Orders, Final Sale items orders and Custom Orders may not be cancelled after 24 hours from the Sales Order date. For other Product Orders, Customer may cancel the order within 15 days of the Sales Order but at least 72 hours before delivery. Unless otherwise agreed, any pre-paid amounts in respect of cancelled orders will be refunded in full.
In the event Porcelanosa East Canada cancels, to the extent permitted by law, its liability will be limited to refunding within 10 business days any deposit paid to Porcelanosa East Canada for the Products to the person who paid us. If payment has been made by another party on Customer’s behalf (e.g. a credit card company or a bank), the repayment shall be made to them.
Returns or exchanges will not be accepted without prior authorization by Porcelanosa East Canada. Returns or exchanges are not accepted after 45 days from the delivery date. A 20% restocking fee will be assessed on all approved returns and will be payable by Customer. Product must be returned or exchanged via prepaid freight, in full original cartons, intact and in salable condition. In case of tile, only complete full cartons will be accepted. In case of items sold by piece, they must be returned by the piece. A packing or original invoice and Porcelanosa East Canada’s return authorization number must accompany all returns.
Special Orders, Final Sale items orders and Custom Orders may not be returned or exchanged
Purchases above $25.00 made by cash or check will be refunded by check and mailed within 10 business days to the individual or company who appears in the original invoice. Refunds of credit card purchases are refunded to the card used on the original purchase.
All claims for shortages, damages, or billing errors (“Claims”) must be reported upon acceptance of goods and confirmed in writing within 30 days from the invoice date. To the maximum extent permitted by law, Claims made after 30 days will be waived and the original billing will be deeemed correct and valid.
If Customer claims that defective Products have been provided by Porcelanosa East Canada, Customer agrees to allow Porcelanosa East Canada the right and access to inspect them at all reasonable times requested by Porcelanosa East Canada. Until a claim is fully resolved, Customer agrees to hold the Products in good condition and take all care of them. Please refer to Warranty of the Product set out with respect to the purchased product at: http://www.porcelanosa-usa.com... for further details. Porcelanosa East Canada’s responsibility or liability in respect of any Product defects is, to the maximum extent permitted by law, limited to the remedies set forth in the Warranty for the Product. Customer takes sole responsibility for any damages or liability to any third party caused by any Product defect.
Porcelanosa East Canada is an independent contractor. No Customer can be considered the legal representative or agent of, or has the power to obligate Porcelanosa East Canada for any purpose whatsoever. Porcelanosa East Canada and the Customer expressly acknowledge that the relationship intended by them is a business relationship based entirely on and circumscribed by the express provisions of this Agreement and that no exclusivity, partnership, joint venture, franchise, agency, fiduciary or employment relationship is intended or created by any reason.
The Customer acknowledges and understands that Porcelanosa East Canada has the right to sell its products in any area or territory of the United States and in the rest of the world and that Porcelanosa East Canada may sell directly to other Customers, architects, dealers, home owners, etc. at Porcelanosa East Canada’s own discretion, at any time and territory. Porcelanosa East Canada reserves the right to refuse to sell or deliver to any Customer at its own will and without notice or reason.
When contracting with trade customers, this Agreement shall be for commercial (non-consumer) purposes only.
For any cancellation, returns or defects Customer shall provide the following information to its Porcelanosa East Canada Store: Authorization Number, Invoice Number, Item Number, picture of the product and description of the problem.
These terms and conditions and any agreement which incorporates them will be governed by the laws of Ontario and the federal laws applicable therein. To the maximum extent permitted by law, Customer agrees that Porcelanosa East Canada’s aggregate liability to Customer or any third party to whom Customer provides use of or access to the Product for all failures to comply with any obligation, standard of care or duty of care owed to Customer and any third party to whom Customer provides use of or access to the Product is limited to an amount equal to the purchase price of the Products or obligations to which any claim for damages relates. If any part of these terms and conditions is declared unenforceable or invalid, the remainder will continue to be valid and enforceable.
V. 06/27/2018
