Nemo Tile Co. Inc.

Terms and Conditions Applicable to Online Purchases

Last updated 26 June 2020

Applicability and Acceptance. These Terms and Conditions (the "Terms") govern the sale of goods by Nemo Tile Co. Inc. ("Nemo" or “We”) to its customers, including you ("Customer'' or “you”), who place orders via the website www.nemotile.com (the “Site”). Other terms and conditions applicable to usage of the Site, such as our privacy policy and general terms, also apply and should be reviewed in their entirety. We reserve the right to update these Terms from time to time, and the date of the last updated Terms (as specified above) shall control which version of the Terms control in respect of a purchase made via the Site. Acceptance by Customer of an offer from Nemo, or of the goods furnished by Nemo pursuant to an order placed with Nemo by Customer, is expressly limited (to the full extent permitted by law) by these Terms. All purchases of Nemo's products via the Site are accepted, and all shipments of goods order via the State are made, on the express understanding that these Terms shall be applicable to them, and that Nemo's Terms supersede any other provision submitted by Customer to Nemo that vary from (or are in addition to) these Terms.

Payment Terms. The Customer agrees to provide current, complete, and accurate purchase and account information for all purchases made via Nemo’s Site. Customer further agrees to promptly update account and payment information, including email address, payment method, and payment card expiration date, so that we can complete your transactions and contact you as needed. Sales tax will be added to the price of purchases as deemed required by us. We may change prices at any time. All payments shall be in U.S. dollars. You agree to pay all charges at the prices then in effect for your purchases and any applicable shipping fees, and you authorize us to charge your chosen payment provider for any such amounts upon placing your order. If your order is subject to recurring charges, then you consent to our charging your payment method on a recurring basis without requiring your prior approval for each recurring charge, until such time as you cancel the applicable order. We reserve the right to correct any errors or mistakes in pricing, even if we have already requested or received payment. We reserve the right to refuse any order placed through the Site. We may, in our sole discretion, limit or cancel quantities purchased per person, per household, or per order. These restrictions may include orders placed by or under the same customer account, the same payment method, and/or orders that use the same billing or shipping address. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers, or distributors. Unless otherwise specified by Nemo in writing, payment for goods sold by Nemo is due in full at the time the Customer places an order. Unless otherwise agreed by Nemo in writing, no delivery of goods will be made prior to payment in full. Overdue payments shall bear interest from the date due at the rate of 1 ½% per month (or any part thereof) unless applicable law requires Nemo to charge a lower interest rate, in which case the lower rate will apply. In the event of any non-payment by Customer, Nemo reserves the right to reject any or all other orders placed by or on behalf of Customer from Nemo.

Products. Natural Variations and Non-Conforming Goods. All products are subject to availability, and we cannot guarantee that items will be in stock. We reserve the right to discontinue any products at any time for any reason. Prices for all products are subject to change. We make every effort to display as accurately as possible the colors, features, specifications, and details of the products available on the Site. However, we do not guarantee that the colors, features, specifications, and details of the products will be accurate, complete, reliable, current, or free of other errors, and your electronic display may not accurately reflect the actual colors and details of the products. Without limitation of the foregoing, goods that are made from marble, stone and other naturally occurring materials vary in their appearance, and manufactured materials such as porcelain vary in their appearance as well for various reasons; for example, but not by way of limitation, due to the use of different die lots in a single production run. The variety in products is part of their beauty and Nemo works with its suppliers to achieve consistency of appearance, where reasonably possible. Nemo cannot and does not guarantee uniformity (of color or other physical attributes) of materials that it sells. The existence of natural variations is not a valid basis for the rejection of such goods by Customer.

Please do not assume that tiles will line up, especially if they are from different manufacturers. Professional installers should be able to help a Customer adjust grout joint width, use trim materials, or take such other customary steps as may be necessary to install appropriately-selected materials. Please note that standards for tile manufacture allow for size variation from one tlle to the next. Tile size ranges are within the acceptable ranges defined by the Tile Council of North America or, where applicable based upon the country of manufacture, the ranges and standards promulgated by applicable industry standards group and/or regulations applicable within the country of manufacture.

Samples. Samples and the statements related to them in advertising materials and on the Site are for informational purposes only and are to be used solely as a general guide for product specification. Samples are submitted as representative material for material type, shape, calibration, and type of finish. Material furnished in a shipment may vary from the sample. Please compare samples to actual goods delivered prior to installation. All samples are final sale and cannot be returned.

Split Carton Orders, Special Orders, Pickups and Deliveries. Our tiles are stocked and sold by the full carton; if Nemo, in its discretion, agrees to sell an amount (in square feet) of tile equal to less than a full carton, Nemo will charge an additional "split carton" fee in the amount of $[15.00]. All Custom or special order materials must be picked up by Customer (from the location designated by Nemo) within ten (10) days after notification by telephone that the material is ready for pick-up. Any custom or special order material not picked up by Customer within ten (10) days shall be subject to storage fees of $25 per day or any part thereof. Special orders can be cancelled for up to (but not more than) 24 hours after the order is placed. Any custom or special order material not picked up within thirty (30) days after becoming available will be disposed of at Customer's expense.

Quantities. Customer is responsible for verifying all quantities in advance of purchase. Nemo accepts no responsibility for quantities ordered. Nemo cannot guarantee when reordering material that is from the same dye lot, caliber, or lot and will match original material. We recommend that customer order 20% overage on any tile. For tiles larger than 24”x48” a minimum of 30% overage is recommended.

Shipping Expectations. if an item states, for example, that it ships within 5 business days, ships within 7-10 business days, or ships within 10 business days, it means the item is in stock and ready to ship. This is the maximum anticipated processing time for our warehouse to place the order with a common carrier or on one of Nemo’s own trucks to ship out. Once the order is with the carrier, transit time generally ranges from 1-7 business days to transport from our warehouses to various locations across the country. You can generally expect to receive in stock items within 1-3 weeks of the order being placed.

  • There are some instances where an item initially states that it “ships within x number of business days” but, when you add the product(s) to your cart on the Site, the lead time changes. This happens when you have ordered more material than we have on hand in our warehouse. In these instances, your order will draw from our next incoming shipment of the ordered product.
  • Items that state, for example, "ships within 10-12 weeks" are generally made to order, with the 10-12 weeks being the estimated production and processing time. We are not able to expedite the production time as these materials may require additional time to fully cure so they do not break while in transit. After the “ships within” period, the order will ship from our warehouse and transit time should be an additional 1-7 business days.
  • Nemo is a New York-based company that ships principally to the contiguous United States. All international clients can have orders delivered to a freight forwarder of their choice located within the U.S. clients should make sure the freight forwarder acknowledges the arrival of the shipment and should arrange for the shipment from their nominated forwarder warehouse toward the final destination. this is currently the only manner in which to have your products shipped internationally.
  • Please be advised that any and all delivery dates are estimates only, we cannot guarantee specific deadlines. we recommend booking installation service providers only after all products have been delivered and reviewed completely.

Prior to Delivery

  • Once your order has shipped, depending upon the size of the order you may receive a call from the shipping company to schedule a delivery appointment window. If you do, failure to schedule appointment within 24 hours from your received call can result in storage fees and/or return shipment and redelivery costs, for which you will be responsible.
  • Changing a delivery address or other reconsignment fees start at $75 and are collected by the delivery company.
  • Generally, there must be someone at the delivery location to receive and sign for your order.
  • Most orders will be brought off the delivery truck via lift gate and left curbside. it is your responsibility to bring your order from the curb inside. Delivery drivers will not break down pallets or deliver materials indoors.
  • There are occasionally times when, due to street width, trees, or other factors determined by the shipping company, they will be unable to deliver to an address, even after a delivery appointment has been scheduled. In those cases, you may be responsible for picking up your order from the nearest terminal delivery center.

On the Day of Your Delivery or Terminal Pick-Up

  • Inspect your shipment for any signs of damage, including damaged boxes and any other external damage. Torn or distressed boxes and/or packaging may indicate internal damage to your goods. This damage inspection must be made prior to accepting your shipment.

  • We ask that you try to open and inspect boxes containing the ordered product (if no external obvious damage is visible) to see if any ‘hidden’ damage is present. if any ‘hidden’ damage is discovered at the time of the delivery, please note this on the bill of lading/delivery receipt.

  • Your packing slip will be attached to your shipment. please review your packing slip closely as it contains the number of boxes in your shipment. Be sure that you have received all boxes prior to accepting your shipment. The shipper will have a bill of lading (BOL) which should match our packing slip. . The Customer is responsible to verify box count before signing the bill of lading and note any discrepancies before signing and accepting of the goods.

  • You must inform Nemo, in writing by email to returnservices@nemotile.com if any goods are found defective or non-conforming in any respect within 24 hours after delivery. Failure to so inform Nemo or the use of any the goods ordered by you, shall constitute conclusive evidence that you accept all ordered goods and that you waive any and all right to reject or revoke acceptance of such goods after such time. IT IS CRITICAL THAT YOU FOLLOW THESE STEPS OTHERWISE YOU LOSE ANY RIGHTS YOU MAY HAVE TO SEEK A REFUND OR A REPLACEMENT FROM NEMO.

Rules for Risk of Loss. Purchases for which delivery is made by a common carrier are sold FOB (shipping point), and risk of loss passes to the Customer when Nemo transfers the purchased goods to a common carrier. Purchases for which delivery is made by one of Nemo’s own trucks are sold FOB (destination). For products shipped via common carrier, Nemo will not be held liable for any damage from shipment, and customer claims for damaged goods should be made with the common carrier.

Refunds and Returns. No refunds or returns shall be made without Nemo's written permission, and in order for us to be able to continue to offer affordable shipping options, all stock returned goods will be subject to a 25% restocking charge, as well as any freight charges applicable to return the material to (in Nemo's discretion) Nemo's storage facilities or the goods' manufacturer. In any event, no returns or refunds can be made after installation; INSTALLATION CONSTITUTES ACCEPTANCE OF THE GOODS. There is absolutely no refund of deposits or other payments for custom or special orders and NO RETURN of custom or special order materials. Materials must be returned in the original packaging and in the condition in which they were received. Customer is responsible for all freight costs back to Nemo. Any stock materials that arrive back to Nemo damaged and not in sellable condition will not be provided a credit. If a return is not received, then no credit will be issued. We recommend using a trackable shipment method.

Scope of Relationship. Nemo is not a contractor and does not perform or contract for the installation of any product. Nemo shall not assume responsibility nor be liable for a contractor’s work or for the installation of any product purchased from Nemo.

Disclaimer of Warranty. THERE ARE NO WARRANTIES WHICH EXTEND BEYOND THE DESCRIPTION OF THE GOODS ON THE FACE HEREOF, AND NEMO MAKES NO WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, WHETHER OF FITNESS FOR A PARTICULAR PURPOSE OR MERCHANTABILITY OR AGAINST INFRINGEMENT OR OTHERWISE, EXCEPT THAT THE PRODUCTS SOLD HEREUNDER SHALL CONFORM TO NEMO'S STANDARD SPECIFICATION FOR SUCH PRODUCT.

LIMITATION OF CLAIMS. NEMO SHALL NOT BE LIABLE TO ANYONE FOR AN AMOUNT GREATER THAN THE PURCHASE PRICE OF THE PRODUCTS IN RESPECT OF WHICH DAMAGES ARE CLAIMED. IN ADDITION, NEMO SHALL HAVE NO LIABILITY WHATSOEVER FOR SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOST PROFITS, ANTICIPATED PROFITS, OR INJURIES TO PERSONS OR TO PROPERTY). FAILURE BY CUSTOMER TO GIVE NEMO WRITTEN NOTICE OF A CLAIM WITH RESPECT TO THE PRODUCTS WITHIN 30 DAYS FROM THE DATE OF DELIVERY OR, IN THE CASE OF NON-DELIVERY, FROM THE DATE FIXED FOR DELIVERY, SHALL CONSTITUTE A WAIVER BY CUSTOMER OF ALL CLAIMS IN RESPECT OF SUCH PRODUCTS. ANY ACTION FOR BREACH OF THIS CONTRACT (OTHER THAN FOR NON-PAYMENT OF THE PURCHASE PRICE OR OTHER AMOUNTS DUE TO NEMO) MUST BE COMMENCED WITHIN ONE YEAR AFTER BASIS FOR THE CAUSE OF ACTION HAS ARISEN. THE REMEDIES GRANTED TO CUSTOMERS BY THESE TERMS ARE THE SOLE AND EXCLUSIVE REMEDIES AVAILABLE TO A NEMO CUSTOMER IN RESPECT OF PRODUCTS PURCHASED BY CUSTOMER FROM NEMO FROM TIME TO TIME, UNLESS OTHERWISE AGREED IN WRITING BY NEMO AND CUSTOMER.

FORCE MAJEURE. Nemo shall not be liable for, or be considered to be in breach or default of these Terms, any delay or failure to perform as a result of any cause or condition beyond Nemo’s reasonable control, including but not limited to: fire, explosion, earthquake, storm, flood, wind, drought or other “act of God”; court order; act, delay, or failure to act by civil, military or other governmental authority; national or regional emergency; strike, labor stoppage, slowdown or lockout; terrorist threats or acts, riots, insurrection, or other civil unrest; war; government order, law, or regulation; embargoes or blockades; shortage of adequate power or transportation facilities; vendor delay in delivery; transportation delays; epidemic, pandemic, disease outbreak, or public health crisis (including but not limited to COVID-19); and any other similar event or cause beyond the reasonable control of Nemo. Nemo’s time for delivery shall be extended by the total of all such delays, and if any such delay exceeds 45 days, Nemo may cancel affected deliveries in whole or in party without liability.

Customer is Solvent. Customer represents that, at the time of placing and accepting this order, Customer is not insolvent and can pay its debts as they mature and that there has been no material adverse change with respect to Customer's financial condition since such time as Buyer has provided financial information in any credit application to (or as directed by) Nemo.

Severability. If any part of these Terms is found to be illegal or otherwise unenforceable by a court of competent jurisdiction, the remaining Terms will remain in full force and effect.

Attorneys' Fees. In any suit or action arising out of or in connection with a purchase by Customer from the Site, if Nemo is the substantially prevailing party it shall be entitled to an award of its reasonable attorneys' fees and costs.

Waiver of Set-Off Rights. Customer agrees that it shall not exercise, and hereby waives, any right of setoff, offset, or deduction that Customer has (or may in the future have) against any amounts due to Nemo under these Terms or otherwise.

Law Governing Disputes. These Terms shall be construed and enforced in accordance with the laws of the State of New York without giving effect to the conflicts of laws principles thereof. Any action or proceeding brought by either party against the other arising out of or related to these Terms shall be brought in a court of competent jurisdiction seated in the Borough of Manhattan of the City, County and State of New York New York and Customer hereby submits (to the extent permitted by law) to the in personam jurisdiction of each of the Federal and State courts so-located for all purposes arising out of or related to these Terms and the transactions consummated by Customer using the Site.

Entire Understanding. These Terms, and the other terms and conditions applicable to the usage of the Site, supersede all prior and contemporaneous written and oral proposals, courses of dealing, statements, and agreements between Customer and Nemo relating to the matters covered hereby.