CONDITIONS OF SALE

DEFINITIONS: For the purposes of these Conditions of Sale, the terms "Elon® Tile & Stone," "Elon®," and "Elon® Tile" shall refer to Elon, Inc. The use of these names shall be considered interchangeable and shall have the same legal effect.

QUOTATIONS AND PRICES: The prices shown herein do not include installation, delivery, or any federal, state, or city tax now or hereafter applicable to sales under this order. Prices are subject to change without notice.

TITLE: Title to the goods shall remain with Elon® Tile until full payment for the goods has been received.

DELIVERY: Delivery is contingent upon strikes, labor difficulties, riot, war, fire, delay or default of common carriers, failure, or curtailment of Elon® Tile & Stone’s sources of supply, decrees or orders, pandemics, natural disasters, government actions, cyber-attacks, supply chain disruptions, or other delays beyond Elon® Tile & Stone’s reasonable control, and Elon® Tile shall not be liable for any loss or damage arising from any of the foregoing contingencies. Elon® Tile reserves the option, in the event of any of the above contingencies happening, to cancel this contract or any part thereof without any resulting liability other than to return any payments made in advance for merchandise which will not be delivered. Any delivery not in dispute shall be paid for regardless of other controversies between the parties relating to other delivered or undelivered merchandise. Elon® Tile is not responsible for damages, delays, or issues arising from third-party delivery or freight services. If the purchaser fails to disclose any accessorial delivery requirements, including but not limited to liftgate services, residential delivery, appointment scheduling, or other special handling needs, Elon® Tile will charge the purchaser the rate received from the freight company as determined by the freight company.

INSPECTION AND SAMPLE: Buyer shall have the right to inspect the goods upon delivery. Inspection and acceptance by buyer shall be final. Failure to inspect and/or reject the goods shall be deemed acceptance of the item so delivered. ANY SAMPLES shown to the buyer before placing an order are for the sole purpose of suggesting the character of the goods. Buyer acknowledges that due to the nature of the goods, there will be variation in color. ELON® TILE DOES NOT WARRANT THAT THE GOODS ORDERED AND DELIVERED WILL CONFORM TO ANY SUCH SAMPLES SHOWN TO BUYER.

CLAIMS: Any claim for breakage, short shipment, missed delivery, or defects in merchandise must be made in writing to the deliverer of the merchandise at the time of delivery and accompanied by supporting photographs. If no claim is made, the right to make any such claim shall be deemed waived. If material is picked up from Elon® Tile directly, customer must inspect and sign off that material was received in good condition. Once material is loaded into the customer’s vehicle, no claim for damage will be accepted. Claims for defective merchandise must be submitted within five (5) business days from delivery. Elon® Tile shall not be responsible for any labor or installation costs under any circumstances, including those related to defective merchandise.

INSTALLATION: Elon® Tile shall in no way be responsible for the installation or finishing of the goods. It is the customer’s sole responsibility to verify that quantities ordered meet their project requirements, including overages, waste, and layout considerations. The purchaser is solely responsible for determining the suitability of the product for its intended application. Elon® Tile is not responsible for the condition of the installation site or its suitability for the materials purchased, including but not limited to moisture levels, subfloor preparation, or temperature conditions.

SUGGESTIONS AND RECOMMENDATIONS: Any suggestions, advice, or recommendations provided by Elon® Tile regarding the selection, application, installation, or maintenance of products are offered solely as general guidance. These suggestions are not intended to serve as professional advice and shall not create any warranty, express or implied. The purchaser assumes full responsibility for the suitability of any products for the intended application, including compliance with local building codes and regulations. Elon® Tile disclaims all liability arising from the purchaser's reliance on such suggestions or recommendations.

DISCLAIMER OF EXPRESS AND IMPLIED WARRANTIES: ELON® TILE MAKES NO IMPLIED WARRANTIES OF ANY KIND, INCLUDING ANY WARRANTY OF MERCHANTABILITY OR FITNESS OF THE MERCHANDISE FOR ANY PARTICULAR USE. Elon® Tile shall not be liable for any loss or damage directly or indirectly arising from the use of merchandise delivered or for consequential damages resulting from the use of the merchandise. Elon® Tile shall in no way be responsible for wear or breakage that may occur during or after the installation of the tile. Although tile has a hard surface, it is not wear-resistant and is not guaranteed to be wear-resistant. All stone, glass, ceramic, terra cotta, metal, composites, and any future and/or unmentioned tile can chip, nick, and scratch, even if the tile is sealed before and/or after its installation. Mexican tiles, both glazed and unglazed, and Slate are generally irregular in size, thickness, color, and texture. The surface of Mexican tile, both glazed and unglazed, is often irregular and rarely flat. Surface spalls and efflorescence occurring before or after installation are not uncharacteristic for unglazed tiles. None of these irregular features or characteristics constitutes a defect in the tile. Sealing or maintenance of natural stone or other materials is the sole responsibility of the purchaser, and no warranties are made regarding performance after sealing. Variations in color, texture, veining, and other natural characteristics are inherent and shall not be considered defects. Recommendations of third-party installers, products, or services are provided solely as a courtesy, and Elon® Tile assumes no liability for their performance or quality.

DATA PRIVACY AND COMMUNICATIONS: Elon® Tile will take reasonable measures to protect customer data, including order information, contact details, and payment information. However, Elon® Tile shall not be liable for any unauthorized access, data breaches, or losses arising from circumstances beyond its reasonable control. Purchaser consents to receive all communications, including order confirmations, invoices, and notices, electronically.

INTELLECTUAL PROPERTY: All trademarks, logos, product images, and other proprietary materials of Elon® Tile are the exclusive property of Elon® Tile. Purchasers and third parties may not use, reproduce, or distribute any such materials without prior written consent from Elon® Tile. Unauthorized use may result in legal action, including claims for damages and injunctive relief. Elon® Tile retains all rights to its proprietary designs, and the sale of goods does not grant any license or right to use Elon® Tile’s intellectual property.

USER-GENERATED CONTENT LICENSE: By sharing or submitting photographs, videos, or other content featuring Elon® Tile products, whether directly to Elon® Tile or through public platforms, the purchaser represents and warrants that they have obtained all necessary rights, licenses, and permissions from any photographers, content creators, or other third parties to grant Elon® Tile a non-exclusive, royalty-free, worldwide, perpetual, and irrevocable license to use, reproduce, distribute, and display such content for marketing, promotional, and other business purposes without further compensation. Elon® Tile assumes no responsibility for obtaining such permissions.

PAYMENT: All past due invoices are subject to a 15% service charge per year, calculated and charged monthly on the total outstanding overdue balance. In the event of a default in payment, purchaser shall pay in addition to the outstanding balance, the full cost of collection, including collection agency fees, statutory costs, disbursements, and all legal fees at the time of referral of the account to a collection agency or attorney. Elon® Tile shall not be liable for any collection agency fees, and all such costs shall be the sole responsibility of the purchaser. Purchaser waives any claims against Elon® Tile arising from or related to collection efforts, including any alleged misrepresentation or misconduct by collection agencies.

CURRENCY AND PRICING ACCURACY: Prices listed or quoted are subject to typographical errors, technical issues, or miscalculations. Elon® Tile reserves the right to correct any such errors without liability, even after order acceptance. All prices are listed in U.S. dollars unless otherwise specified.

LIMITATION OF DAMAGES: Any earlier provisions of these conditions of sale to the contrary notwithstanding, the purchaser may not recover from Elon® Tile as damages any sum in excess of the purchaser's purchase price of the material. In the event it is determined that material is in fact defective, nevertheless, Elon® Tile will not be responsible for any charges or expenses incurred by the purchaser to remove or reinstall the tile. Prices are subject to typographical errors or miscalculations and may be corrected without liability.

SHIPPING PROGRAM AND HANDLING FEES: Elon® Tile utilizes a shipping program that determines the method and carrier for deliveries based on the destination state. All shipments are sent on a prepaid basis, and Elon® Tile reserves the sole right to select the shipping carrier. Freight costs are for commercial deliveries only. Forklift and loading dock must be made available. For non-commercial deliveries, customers must call to check pricing. If a customer requests to use their own UPS account for shipping, Elon® Tile will apply a handling fee of $8 per box for packing and processing. All deliveries must be inspected within three business days and before the material reaches its final destination. Claims made after the third business day may not be eligible for recompensation. If a pallet is delivered damaged, the customer should refuse the delivery unless absolutely necessary. If accepted, the delivery must be signed for as "under inspection" to preserve the right to make a claim. This shipping program is subject to change without notice, and Elon® Tile is not liable for delays, damages, or additional costs incurred by third-party shipping services. All clients have the right to forego this shipping program and choose their provider if they would like to ship via collect payment. All claims via a collect shipment will be the sole responsibility of the client.

RETURNS/HOLDS: ELON® TILE DOES NOT ACCEPT RETURNS. ELON® TILE WILL HOLD MATERIAL FOR 10 DAYS. THEREAFTER, MATERIAL MUST BE SHIPPED OR CANCELLED. Any requests to hold material for longer than 10 days will be subject to storage fees at Elon® Tile's discretion. Held material past the 10 days will be subject to a daily rate of $25 per pallet. Any order approved for shipment that is subsequently cancelled prior to leaving the warehouse will be subject to a restocking fee as determined by Elon® Tile.

DISPUTES AND GOVERNING LAW: This agreement of purchase and conditions of sale shall be governed by and interpreted pursuant to the laws of the State of New York. No action against Elon® Tile seeking damages related to the sales, use, manufacture, or installation of the tile, which is the subject of this sale transaction, shall be commenced in any court other than the Courts of the State of New York. Disputes arising under these conditions of sale may, at Elon® Tile's discretion, be subject to binding arbitration under the rules of the American Arbitration Association.

ENTIRE AGREEMENT AND MODIFICATION: These conditions of sale, the warranty herein contained, and the invoice sold are the entire agreement between the parties. The warranty given herein is the exclusive warranty given by Elon® Tile to the purchaser. Neither the warranty nor the conditions of sale can be varied, except in writing, signed by the President of Elon® Tile. Purchaser acknowledges that he has not relied upon any representation which is not specifically set forth in these conditions of sale or in any invoice which may accompany these conditions of sale. These conditions of sale supersede all prior agreements, understandings, or representations, whether written or oral, between the parties. By placing an order, continuing to do business, or making payment, the purchaser agrees to be bound by these conditions of sale. Elon® Tile reserves the right to modify these Conditions of Sale at any time without prior notice, and the updated terms will apply to all future orders or business transactions.

INDEMNITY: If any purchase to which these conditions of sale apply is made for the purposes of resale to another or an ultimate user, the purchaser hereby indemnifies Elon® Tile against any and all claims which may be made by the ultimate purchaser or user of the tile, including all out-of-pocket expense, and legal fees, incurred by Elon® Tile in defense of the claim.

ACCEPTANCE: Installation and/or use of the goods or merchandise by the purchaser shall constitute an irrevocable acceptance of the goods or merchandise.

CANCELLATION: No cancellation will be accepted after the order has been placed with the factory. No cancellation on special custom orders will be accepted under any circumstances. NO CANCELLATIONS WILL BE ACCEPTED ON CUT ORDERS.