Terms & Conditions
Tilecy
Terms and Conditions
These Terms and Conditions apply to all quotations, sales, shipments, deliveries, and transactions involving Tilecy products and services. By placing an order with Tilecy, the purchaser (the “Buyer”) acknowledges and agrees to be bound by these Terms and Conditions.
01
Order Acceptance and Availability
1.1 All orders are subject to acceptance by Tilecy and are conditional upon product availability, confirmation of quantities, and verification of Buyer information.
1.2 Tilecy will make reasonable efforts to meet requested delivery dates or pickup timelines. However, Tilecy shall not be responsible for delays caused by events outside of Tilecy’s control, including but not limited to supplier delays, manufacturing disruptions, shipping interruptions, customs clearance issues, labor disputes, strikes, shortages, severe weather, or other force majeure conditions.
1.3 Tilecy reserves the right to cancel, modify, or delay an order if circumstances require, including inventory discrepancies, allocation limitations, or supplier changes.
02
Pricing
2.1 All prices, terms, and conditions are those in effect at the time of shipment or release of goods, unless expressly stated otherwise in writing by Tilecy.
2.2 Prices are subject to change without notice. Any quotation provided is not a guarantee of price unless expressly confirmed as a fixed written offer with a defined expiry date.
2.3 Taxes, levies, duties, or other government charges applicable to the transaction are the responsibility of the Buyer and will be added where required.
2.4 Pricing does not include delivery, liftgate, inside placement, jobsite handling, storage, or special handling fees unless clearly stated on the invoice or quotation.
03
Payment Terms and Credit
3.1 Unless otherwise agreed in writing, payment is due prior to release of goods.
3.2 For accounts approved and established with credit privileges, payment terms are Net 30 days from the date of shipment.
3.3 Past due balances are subject to a finance charge of 2% per month (equivalent to 24% per annum) or the maximum permitted by law, whichever is lower.
3.4 Any default under these payment terms may result in immediate suspension or revocation of credit privileges without prior notice. Tilecy may require full payment in advance for all future orders.
3.5 Tilecy may apply payments received to the oldest outstanding invoices first unless otherwise required by law.
3.6 A processing fee of $50 CAD will be charged for any returned cheques due to non-sufficient funds (NSF) or bank rejection.
3.7 Tilecy reserves the right to require deposits, security, payment guarantees, or alternate payment methods at its discretion.
04
Freight, Delivery, and Risk of Loss
4.1 All shipments are F.O.B. Tilecy warehouse unless otherwise indicated in writing. Title and risk of loss transfer to the Buyer upon delivery to the carrier or upon pickup, as applicable.
4.2 Delivery dates are estimates only and do not constitute a guaranteed service level unless expressly agreed in writing.
4.3 Any freight charges, accessorial charges, jobsite delivery requirements, redelivery fees, or storage fees imposed by the carrier are the responsibility of the Buyer unless otherwise stated.
05
Inspection, Shortages, and Damage
5.1 The Buyer must inspect all goods immediately upon pickup or delivery, before signing the delivery receipt or leaving the warehouse.
5.2 Any visible damage must be clearly noted on the carrier waybill or delivery receipt at the time of delivery, and photographs must be taken immediately.
5.3 Claims for shortages, incorrect items, or concealed damage must be reported to Tilecy in writing within ten (10) calendar days after receipt of shipment. Failure to report within this timeframe constitutes acceptance of the goods as delivered.
5.4 No claims will be accepted for damaged material after it has left Tilecy’s warehouse unless the required documentation is provided and the damage is properly recorded at the time of delivery.
06
Returns and Restocking
6.1 Returned goods will not be accepted without prior written authorization from Tilecy.
6.2 Authorized returns must be requested within thirty (30) days from the date of delivery.
6.3 A minimum 20% restocking fee will apply to all accepted returns. Tilecy reserves the right to assess higher restocking charges where special handling, repackaging, or inspection is required.
6.4 Returned material must be:
• prepaid by the Buyer
• in full original cartons
• in saleable condition
• free from damage, dirt, markings, or repackaging
• accompanied by the original numbered invoice
6.5 No returns will be accepted for:
• non-stock items
• special order items
• discontinued items
• clearance items
• setting materials, adhesives, grouts, leveling systems, tools, or related accessories
• any slabs (see Section 9)
6.6 Tilecy reserves the right to refuse any return that does not meet the above conditions.
07
Product Variation, Installation Responsibility, and Claims
7.1 Variations in size, color, tone, shading, texture, thickness, and finish are inherent in ceramic, porcelain, natural stone, and related surface products. Such variation is not considered a defect.
7.2 The Buyer is solely responsible for confirming suitability of the product for the intended application, including but not limited to floor or wall use, exterior use, wet areas, commercial traffic, slip resistance requirements, and compatibility with setting materials and installation methods.
7.3 Tilecy strongly recommends that all product be inspected prior to installation, including verification of:
• dye lots and shade consistency
• quantity and dimensions
• surface quality and finish
• visible defects or damage
7.4 No claims will be accepted after installation related to shade variation, size variation, finish variation, surface appearance, or product suitability.
7.5 Tilecy is not responsible for damage or failure resulting from improper installation, improper substrate preparation, inadequate expansion joints, unsuitable environmental conditions, incorrect setting materials, jobsite mishandling, or improper maintenance.
7.6 If a product is deemed unsatisfactory for any reason, Tilecy must be notified prior to installation.
7.7 No allowance will be made for labor, installation costs, removal costs, reinstallation costs, project delays, or any other charges after material has been installed.
08
Freight Claims
8.1 Delivery to the carrier constitutes delivery to the Buyer, regardless of the shipping terms, freight prepayment, freight collect, or allowance arrangements.
8.2 Claims for merchandise lost, damaged, or delayed in transit must be made directly against the freight carrier by the Buyer, except where Tilecy expressly agrees in writing to handle such claim on the Buyer’s behalf.
8.3 All claims for shortages must be reported within ten (10) calendar days after receipt of shipment.
09
Slabs
9.1 ALL SLABS ARE FINAL SALE. NO RETURNS.
9.2 Slabs must be inspected immediately upon receipt. Any damage must be noted on the carrier waybill before the delivery driver departs.
9.3 The Buyer must take clear photos of any damage upon delivery.
9.4 No slab claims will be accepted after strapping, braces, packaging, or protective supports have been removed.
9.5 The Buyer must inspect slab edges and surfaces, including top and sides, at the time of delivery.
10
Limitation of Liability
10.1 To the fullest extent permitted by law, Tilecy shall not be liable for any indirect, incidental, special, punitive, or consequential damages, including but not limited to lost profits, lost business opportunities, project delays, replacement labor, or additional contractor charges, regardless of cause or theory of liability.
10.2 Tilecy’s total liability for any claim, if any liability is established, shall not exceed the invoice value of the goods giving rise to the claim.
11
Exclusions and Entire Agreement
11.1 These Terms and Conditions constitute the sole and entire agreement between Tilecy and the Buyer relating to the sale of goods, and supersede any prior statements, agreements, or representations, whether written or oral.
11.2 Tilecy shall not be bound by any additional or conflicting terms proposed by the Buyer, including purchase order terms, unless expressly agreed to in writing by Tilecy.
11.3 If any provision of these Terms and Conditions is found unenforceable, the remaining provisions shall remain in full force and effect.
12
Governing Law
12.1 These Terms and Conditions shall be governed by the laws of the Province of Ontario and the applicable laws of Canada, without regard to conflict of laws principles.
12.2 The parties agree that any disputes shall be brought in the courts located in Ontario, Canada, unless Tilecy elects otherwise as permitted by law.