SABA TILE LLC TERMS & CONDITIONS
Each placed order (“Sales Order”) is subject to the following Terms and Conditions (this “Agreement”) between you (“Customer”) and Saba Tile LLC (“Saba”). No other terms or conditions shall apply to any Sales Order or this Agreement unless agreed upon in writing. By entering into a sales transaction with Saba, Customer acknowledges they have read the Terms and Conditions and accept the terms in their entirety. Customer further acknowledges they have read and understand Saba’s instructions on its Resources Page with regard to Ordering & Shipping, Care & Maintenance, Installation, and Terms of Sale.
Price and Payment.
Unless otherwise stated, all prices of tile products purchased from Saba (“Products”) quoted are exclusive of sales and use taxes which shall be added (if applicable) at the current prevailing applicable rate. All prices quoted are also exclusive of freight and delivery fees, unless otherwise stated. The applicable Sales Order shall set forth the price of Products, terms for payment, and the amounts of any deposits.
Review of Order.
Customer shall confirm that the Sales Order contains full and accurate information of the ordered Products, especially the Product name/number, price, quantity, payment and delivery information. It is the Customer’s responsibility to provide Saba with accurate information. Saba shall not be liable for any mistake arising from inaccurate or incomplete information provided by the Customer. Customer is responsible for verifying quantities, dimensions, site conditions, and any other requirements before ordering. SABA advises customers to purchase a sample in advance of placing orders in order to make sure the tile meets the desired expectation. Color, sheen and texture may appear differently in person than on a computer screen. All sales are final after purchase.
Saba will provide the Customer with an estimated date of arrival of the Product. Once the Product is ready for delivery, Saba or the delivery company will inform the Customer and provide him/her with available delivery dates.
Saba will make its best efforts to reach the estimated date, but the actual delivery date could exceed it due to circumstances beyond Saba’s control. Notwithstanding the above, Customer may always contact Saba for re-scheduling and questions about the status of a Sales Order.
Customer is responsible for providing Saba with its 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 Saba makes a delivery attempt that Customer fails to receive, Customer shall assume the extra cost of the failed delivery.
Deliveries are to curbside, driveway, or a garage/secured area, only if accessible by pallet jack, unless otherwise noted in the Sales Order. Saba does not clean or remove trash or packaging after delivery.
The delivery driver will wait 15 minutes for each delivery to be inspected, and Customer must cut open all plastic packaging and inspect the pallet while the driver waits. Customer must open each box to check for any visible cracks or damage to the tiles. It is Customer’s sole responsibility to inspect the Products upon delivery or when picking up Products to ensure that they match the Sales Order, are in a satisfactory condition without any obvious damage, and are delivered in the quantities exhibited on the Sales Order. If there is any damage to any of the boxes or Products, it must be reported on the bill of lading and given to the driver at the time of delivery; if Customer fails to do so, Customer voluntarily waives any and all claims for damage to the Products. All shipments are photographed and videotaped prior to shipping, to ensure everything on the Sales Order is on the pallet, packed, and wrapped properly without damage. Saba does not accept refund requests unless the Product is cracked, water damaged, or stained upon delivery and such defect is noted on the bill of lading. After the driver leaves it is the Customer’s sole responsibility to remove and inspect each tile within each box to make sure it matches their order. This is especially important for designs that have multiple tiles that make up the repeat. Any discrepancy must be reported to SABA within 24hrs; if Customer fails to do so, Customer voluntary waives any and all claims.
Because of the complex nature of some tile patterns, mistakes can easily be made when ordering the right quantity. If the customer needs to order additional tiles, SABA does not guarantee they will be in stock or from the same dye lot. For this reason SABA advises customers to lay out the tiles in the intended space as soon as they are delivered to make sure the pattern will fit in the way they had expect.
Saba is not responsible for damages to Customer’s property that is not properly removed prior to the delivery arrival. The delivery crew is not authorized or insured to move items other than the Products being delivered.
Customer is responsible for ensuring that the Installation site in which the Products are to be fitted is sufficient for the size and quantity of the Products purchased and to modify the premises if necessary. Customer must also provide the delivery vehicle with reasonable access to park and deliver the Products, or give Saba sufficient notice for reasonable arrangements for making deliveries. Customer agrees to sign a delivery note as proof of delivery.
Saba 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, or transportation delays. Saba shall not be responsible for any labor charges, installation, or other consequential losses or incidental damages arising from such delays.
Risk Passed Upon Delivery.
Once the Products have been delivered by Saba to the Customer or its representative, the responsibility for the Products passes from Saba to the Customer including, without limitation, the risk of Products becoming lost or damaged.
Products have variations of shading, size and finish, which shall not be considered defects. This applies not only to shading but also to the pattern that is produced within a Product. The material may present imperfections inherent in its nature, such as different shading, color or different intensity. It is impossible to get two Products that are the same as each other in shading and/or design. Customer acknowledges that any Product supplied will not be equal to the ones in the catalogue or showroom, but will be substantially similar.
Saba’s Products require special care in order to maintain their quality and beauty; Customer acknowledges that they must follow any and all directions provided in Saba’s maintenance guidelines and/or installation instructions.
All Products should be installed according to the approved industry standards. Installation of the Product constitutes its acceptance. Installation services are not included in this Agreement. Saba has no responsibility for how Products are installed, but recommends that Customer consult with a professional to ensure they are using the correct adhesive, sealant, etc. For non-sealed tiles, Saba recommends sealing the Product three times – before installation, after installation, and again after grouting. Saba further recommends re-sealing three times per year for best results. Saba provides no guarantee as to life of the Product or resistance to staining.
Retention of Title.
Saba 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 Saba’s behalf until full payment has been received, at which time Customer will then become the legal owner of the Product.
Cancellation of a Sales Order.
Sales Orders may not be cancelled by the Customer after 24 hours from the Sales Order date. Customer may cancel the order within 24 hours, provided that it is also at least 72 hours before delivery and the shipment has not already been dispatched from our warehouse.
In the event Saba cancels a Sales Order, to the extent permitted by law, its liability will be limited to refunding any deposit paid to Saba for the Products, which shall be processed within 30 business days.
Relationship of the Parties.
Saba is an independent contractor. No Customer can be considered Saba’s legal representative or agent, nor does any Customer have the authority to bind Saba for any purpose whatsoever. Saba 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 created by any reason.
The Customer acknowledges and understands that Saba 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 Saba may sell directly to other Customers, architects, dealers, home owners, etc. at Saba’s own discretion, at any time, and in any territory worldwide.
Saba reserves the right to change these terms and conditions at any time without prior notice, and Customer agrees to visit Saba’s website to apprise itself of any such changes, which shall be posted at https://sabatile.wpengine.com/.