Skip to content

Terms & Conditions of Sale

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 quoted are applicable to this order only. Prices are subject to change without notice.

TITLE: Title to the goods shall remain with Elon® 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, or other delays beyond Elon® Tile & Stone’s reasonable control, and Elon® shall not be liable for any loss or damage arising from any of the foregoing contingencies. Elon® 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.

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® 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. If no claim is made, the right to make any such claim shall be deemed waived. If material is picked up from Elon® directly, customer must inspect and sign off that material was received in good condition. Once material is loaded into customer’s vehicle, no claim for damage will be accepted.

INSTALLATION: Elon® shall in no way be responsible for the installation or finishing of the goods.


ELON® MAKES NO IMPLIED WARRANTIES OF ANY KIND, INCLUDING ANY WARRANTY OF MERCHANTABILITY OR FITNESS OF THE MERCHANDISE FOR ANY PARTICULAR USE. Elon® 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® 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. THIS WARRANTY IS EXPRESSLY IN LIEU OF ANY OTHER EXPRESS OR IMPLIED WARRANTIES, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OF FITNESS AND OF ANY OTHER OBLIGATION ON THE PART OF THE SELLER.

PAYMENT: All past due invoices are subject to a 15% service charge per month. 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 cost, disbursements, and all legal fees at the time of referral of the account to a collection agency or attorney.

LIMITATION OF DAMAGES: Any earlier provisions of these conditions of sale to the contrary notwithstanding, the purchaser may not recover from Elon® 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® will not be responsible for any charges or expenses incurred by the purchaser to remove or reinstall the 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® 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.

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® to the purchaser. Neither the warranty nor the conditions of sale can be varied, except in writing, signed by the President of Elon®. 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.

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® 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® 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.

Please Remember to Order 10% Extra Material for Breakage & Cuts!