Terms & Conditions

These terms and conditions govern the sale of Products and provisions of services by Wet Dog Tile Co. (WTDC) and it’s affiliates (“Seller”) as well as by third party vendors and/or service providers of Seller. These terms and conditions (“Agreement”) take precedence over Buyer’s supplemental or conflicting terms and conditions to which notice of objection is hereby given. Neither Seller’s commencement of performance or delivery shall be deemed or construed as acceptance of Buyer’s supplemental or conflicting terms and conditions. WDTC’s failure to object to conflicting or additional terms will not change or add to the terms of this agreement. Buyer’s acceptance of the Products and/or Services shall be deemed to constitute acceptance of the terms and conditions contained herein.

1. 1. Orders: All orders placed by Buyer are subject to acceptance by Seller. Orders may not be cancelled or rescheduled without Seller’s written consent. All orders must identify the products, unit quantities and applicable prices of the Products being purchased. Seller may designate certain Products and Services as non-cancelable, non returnable. Any custom made/custom glazed products are not eligible for return. Certain exceptions may be made at Seller’s discretion.
2. 2. Prices: The prices of the Products are those prices specified on the front of the invoice. Pricing for undelivered Products may be increased in the event of an increase in Seller’s cost, change in market conditions or any other causes beyond the Seller’s reasonable control. Price quotations shall automatically expire in thirty (30) days from the date issued, or as otherwise stated in the quotation.
3. 3. Taxes: Unless otherwise agreed to in writing by Seller, all prices quoted are exclusive of transportation and insurance costs, duties, and all taxes including federal, state and local sales, excise and value added, goods and services taxes, and any other taxes. Buyer agrees to indemnify and hold Seller harmless for any liability for tax in connection with the sale, as well as the collection or withholding thereof, including penalties and interest thereon. When applicable, transportation and taxes shall appear as separate items on Seller’s invoice.
4. 4. Payment: Payment may be made by check, money order, or wire transfer (all fees are borne by the Buyer). Where Seller has extended credit to Buyer, terms of payment shall be net thirty (30) days from date of invoice, without offset or deduction. On any past due invoice, Seller may impose interest at the rate of one and a half percent [1.5%] per month. If Buyer fails to make each payment when it is due, Seller reserves the right to change or withdraw credit and thereby suspend or cancel performance under any or all purchase orders or agreements in which Seller has extended credit to Buyer. In the event of default by Buyer, Seller shall be entitled to costs, fees, and expenses, including but not limited to recovery of attorney fees, court costs and fees, and collections costs.
5. 5. Delivery and Title: All deliveries will be made FOB FACTORY . The Seller bears the expense and risk of putting the goods in the possession of the carrier. Title transfers to the buyer at the point when the goods leave the Shipper’s loading dock but reverts back to the seller if the buyer follows the correct procedures of notifying the seller of “breach” by “rightfully revoking acceptance.” Even if “breach” has occurred, the buyer remains responsible for filing “carrier loss claims”. Seller’s delivery dates are estimates only and Seller is not liable for delays in delivery or for failure to perform due to causes beyond the reasonable control of the Seller, nor shall the carrier be deemed an agent of the Seller. A delayed delivery of any part of an Order does not entitle Buyer to cancel other deliveries.
6. 6. Acceptance / Returns: Shipments will be deemed to have been accepted by Buyer upon delivery of the said shipments to Buyer unless rejected upon receipt. Buyer shall perform all inspections and tests Buyer deems necessary as promptly as possible but in no event later than seven (7) days after delivery of product, at which time Buyer will be deemed to have irrevocably accepted the Products. Any discrepancy in shipment quantity must be reported within seven (7) days after delivery. Buyer may not return Products without a return material authorization (“RMA”) number. RMA valid for thirty (30) days from date issued. Buyer may not return certain non-returnable, non-refundable material. Any product returned by Buyer due to Buyer’s error may be subject to a restocking charge equivalent to 50% of the value of such Product as specified in Seller’s invoice to Buyer. For products that Seller feels are common or standard materials, and are easily resold, restocking charge will be reduced to 25%.
7. 7. Limited Warranty: Wet Dog Tile Co. (the “Company”) guarantees that its tile will meet or exceed the performance specifications outlined in items description. WTDC’s tile is manufactured to high quality assurance standards. Because specific installation details, structural design and environmental conditions are beyond the control of the Company, we cannot accept responsibility for the improper installation and/or care and maintenance of our products after they are installed. However, in the event of latent defects in the product caused by improper manufacturing, the Company will replace any defective product, provided the Company is notified in writing within a period of five (5) years of the installation. The Company will also not be responsible if tile is installed with a visible defect. The warranties contained herein are in lieu of any express warranties and implied warranty of fitness for a particular purpose. The warranties contained herein are the sole and exclusive warranties provided by the manufacturer. WDTC must pre-approve the cost of the replacement, in writing, prior to commencement of any warranty work. The Company’s obligation is limited to the replacement or refund referenced above. Purchaser is responsible for all other costs. Such costs may include, but are not limited to: shipping, delivery, handling and administrative charges for forwarding the Replacement Product to the purchaser. A certain amount of shade, color, and texture variations may occur due to the inherent nature of the artisan glazes used, as well as the natural stone and glass products integrated in our borders and murals. This is not a defect in materials or workmanship subject to this Limited Warranty.
8. 8. Limitation of Liabilities: Buyer shall not be entitled to, and Seller shall not be liable for, loss of profits or revenue, promotional or manufacturing expenses, overheads, business interruption cost, removal or reinstallation costs, injury to reputation or loss of buyers, punitive damages, IPR infringement, loss of contracts or orders or any indirect, special, incidental or consequential damages of any nature. Buyer’s recovery from Seller for any claim shall not exceed the purchase price paid for the affected products irrespective of the nature of the claim whether in contract, tort, warranty, or otherwise. Buyer will indemnify, defend and hold seller harmless from any claims based on (a) Seller’s compliance with Buyer’s designs, specifications, or instructions, (b) modification of any products by anyone other than Seller, or (c) use in combination with other products.
9. 9. Technical Assistance or Advice: If technical assistance or advice are offered or given to Buyer, such assistance or advice is given free of charge and only as an accommodation to Buyer. Seller shall not be held liable for the content or Buyer’s use of such technical assistance or advice nor shall any statement made by any of Seller’s representatives in connection with the Products or Services constitute a representation of warranty, express or implied.
10. 10. General: (a) The laws of the State of New Hampshire will exclusively govern any dispute between Seller and Buyer, (b) Buyer may not assign this Agreement without the prior written consent of Seller. Seller or it’s affiliates may perform the obligations under this Agreement. This Agreement is binding on successor and assigns, (c) Products, including intellectual property, are subject to any applicable rights of third parties, such as patents, copyrights and/or user licenses.