Terms and Conditions
TERMS AND CONDITIONS
By visiting this website (“tiletrader.com”) of Tile Trader, Llc. (“Tile Trader”), you agree to the following terms and conditions (the “Terms”). Carefully read all of the Terms. Do not use this Website if you do not agree with the Terms. Tile Trader may revise the Terms at any time without notice. While Tile Trader strives to ensure that everything appearing on this Website is accurate, Tile Trader does not warrant the accuracy of anything appearing on this Website.
ABILITY TO ACCEPT TERMS
You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into and abide by the Terms.
PRODUCT SAMPLE POLICY
Product samples may not be an exact match to supplied materials due to variations in batch manufacturing (similar to carpet colors or other textiles manufactured in batches). A sample product is merely a representation of a product. This means the supplied materials may have slight differences in color, shade, and/or surface appearance.
There is no such thing as “slip proof” tile. Glazed and porcelain tiles are slippery when wet. That makes them a poor choice for indoor or outdoor areas prone to water or other liquids.
All outdoor tiles can be subject to standing water and that makes them potentially slippery. This is especially true around pools and other water features. For this reason, Tile Trader does not recommend glazed floor tiles for exterior floor surfaces except in certain circumstances. Tiles that are not textured polished or semi-polished can be used in some exterior floor applications with adequate protection from weather and moisture.
All ramped or inclined floor surfaces require a more slip-resistant application.
Polished and semi-polished tiles are very smooth. Tile Trader does not recommend using these on any flooring that is exposed to water, grease, oil or any other liquid.
There are ways to help reduce slipperiness. These include limiting foot traffic when conditions are wet, promptly removing moisture or liquids, designing the area to have adequate drainage, and, of course, proper maintenance.
Properly maintaining your tile is vitally important to safety. Use of improper products can cause a build-up on the tile surface that may cause it to become slippery.
If Tile Trader’s materials have been installed, you have accepted them.
All materials must be inspected before installation to determine if they are acceptable. If there is any question as to the product’s appropriateness, the product must not be installed. If marks or discolorations of any kind are present on a tile’s surface, the tile must not be installed unless the marks or discoloration are first removed to the satisfaction of the customer. Tile Trader is not responsible for replacement cost or damages related to tiles installed with these issues.
Tile Trader has no responsibility for the failure of a customer to inspect product before installation. If the customer is available to inspect only after and not before installation, and the customer determines the material is not correct or acceptable, Tile Trader will have no liability for replacement, removal, reinstallation, or any ancillary costs.
Ceramic and porcelain tiles must be installed on an appropriate substrate, such as concrete or cement-backer board, which must be free of dust and other deleterious substances at the time of application. Ceramic, clay, porcelain, and stone tile should never be installed directly onto a wood floor.
Porcelain body tile requires specialized thin set mortars modified for proper adherence to tile and substrate. Tile Trader is not liable for any tile installation problems encountered as a result of the use of improper adhesives.
Grout used on polished-glaze porcelain tile and polished porcelain tile should match the tile color. If the grout color does not match, a grout release should be applied on the tile before grouting to permit grout removal. Once applied, grout must be cleaned off the Porcelain tile immediately. Tile Trader is not responsible for any problems related to grout staining, grout left on tiles, or the resultant residues or hazing.
Acid-based cleaners and other harsh chemicals should not be used to clean polished-glaze and polished porcelain tiles, and if they are, Tile Trader is not responsible for any resultant damage. It is recommended that you test a small and inconspicuous area first before applying any cleaning product.
Warranty and Disclaimers
Tile Trader is not responsible for product performance beyond the manufacturer’s warranty. Customer misuse, including negligence, physical, or chemical abuse is not covered by any warranty. Installation defects are not covered by any warranty. All warranty claims must be reported immediately. Failure to report any warranty claim immediately may void any warranty. Customers or their representatives must inspect all products prior to installation. Installation of product with visual defects or nonconformities apparent prior to installation voids any warranty.
Tile is a natural product and is inherently subject to variation due to natural inconsistency in raw materials and production processes. Technical specifications for Tile Trader products are not guarantees of minimum or maximum thresholds of performance. Tile containing abrasives creates a rough surface which can present cleaning challenges because dirt and other contaminants may lodge on the surface. Extra attention is necessary to assure contaminants are removed promptly.
Unless specifically stated otherwise, tile recommended for floor or wall applications refers to interior applications only. Tile Trader does not recommend any of its products for use on ceilings or roofs. Local building codes may dictate minimum tile performance specifications. Tile Trader does not warrant that products comply with building codes. Color images are often not an exact product match. Similarly, product samples may not be an exact match to supplied materials due to variations in batch manufacturing. No express warranties apply to products sold as factory seconds material. Customer assumes all risks in the purchase of factory seconds material.
Implied Warranties Limited in Duration
Any implied warranty applicable to the sale of product by Tile Trader, including any implied warranty of merchantability or implied warranty of fitness for a particular purpose, is limited to the duration of this written warranty or the maximum statutory period, whichever is less. Every customer has the opportunity to inspect or to have its representative inspect all goods prior to installation. A customer’s lack of inspection prior to installation does not change the fact that if Tile Trader’s materials have been installed, the customer has accepted them. Any implied warranties are waived if the customer does not examine all products prior to installation. No implied warranties apply to products sold as factory seconds material. Customer assumes all risks in the purchase of factory seconds material. Some states do not allow limitations on implied warranty duration, so the above limitation may not apply to you.
The Federal Magnuson-Moss Warranty Act limits disclaimers of implied warranties involving consumer products. To the maximum extent allowable by federal and state law, this warranty supplements or supersedes federal and state consumer goods warranty protections.
Implied Warranty of Fitness for a Particular Purpose
Tile Trader provides detailed information in its product literature to help customers select appropriate tile and stone applications. Tile Trader limits the duration of the implied warranty of fitness for a particular purpose to one year after purchase or the maximum statutory period prescribed by law, whichever is less. Failure to comply with applications recommended by Tile Trader voids this warranty.
Tile Trader sells natural stone products which are mined and cut from natural formations. Because these products are not subject to a manufacturing process, quality warranties are limited to the specified representations in product literature and, where applicable, guidelines established by the Marble Institute of America. Tile Trader does not warrant natural stone products for color shade, size, thickness, warping, cleft variations, surface finish variations, or other natural variances.
Remedy Limitation and Disclaimer
If a defect in materials or workmanship is discovered within one-year after purchase, Tile Trader will either refund the price of the defective product or provide replacement product after a reasonable number of attempts to remedy the defects. Customer’s remedy is limited to replacement or repair of the defective product. Tile Trader is not liable for consequential (including, but not limited to, lost profits) or incidental damages, such as demolition and reinstallation costs. Tile Trader disclaims all express warranties not contained in the limited express warranty on this Website. Any representations made in connection with the sale of product that differs from the terms of this warranty are not valid and should be brought to the attention of Tile Trader immediately.
LEGAL NOTICE: WARNING - TILE AND INSTALLATION PRODUCTS CONTAIN CHEMICALS KNOWN TO THE STATE OF CALIFORNIA TO CAUSE CANCER, BIRTH DEFECTS, REPRODUCTIVE HARM, RESPIRATORY HARM OR OTHER HEALTH PROBLEMS.
Product Disclaimer: Manufactured Tile
Exact matches of trim and field tile are difficult to achieve due to varying methods and timing of production. As a result, trim products may not be an exact match to corresponding field tile. Similarly, product lines with varying sizes are manufactured at different times. As a result, tiles of one sizing in a product line may not be an exact match to tiles of another sizing in the same product line.
Product Disclaimer: Natural Stone
All stones are natural. Some stone tiles have honed or polished surfaces. No two pieces of stone are alike and there are inherent variations. These variations may include color and shade differences, geological flaws, irregular markings, voids, pitting, veins, fissures, and lines of minor separations. These natural variations are normal and present in all stone tiles to some degree.
All transactions made with Tile Trader shall be deemed to have been made in Houston, Texas, and shall be governed by the laws of the State of Texas. By using this Website or buying product from Tile Trader, you irrevocably submit to the jurisdiction of the state and federal courts in Harris County, Texas and you waive the defense of inconvenient forum to the maintenance of any action or proceeding in such venue.
To Make A Claim:
- The original purchaser must notify a Tile Trader Customer Service Center or an authorized representative in writing within 30 days of the occurrence of any perceived defect.
- After notification, Tile Trader or an authorized representative will inspect and/or test the product for defect. No claim will be honored without product inspection by Tile Trader or an authorized representative.
- Upon determination that the product defect claim is valid, Tile Trader will notify its Customer in writing. Tile Trader reserves the right to repair, replace or refund the originally-purchased product.
Maintenance and Care
Proper maintenance is crucial for natural stone products. They are porous by nature and require a different maintenance program than traditional man-made ceramic tile.
Many of the cleaners acceptable for use on ceramic tile will stain, damage or dull stone. Natural stone should be cleaned with neutral cleaners. Never apply any product containing acid or bleach to stone products. Even a light solution of vinegar and water will etch and eventually damage natural stone. Dirt and dust will scratch the surface of stone. Stone floors should be vacuumed or dust mopped frequently to remove abrasive agents.
Sealing is strongly recommended for newly installed natural stone and marble to provide maximum below surface stain protection.
A non-sanded grout is strongly recommended for natural stone installations. This type of grout has very fine particles of cement, polymers and color pigments that can penetrate the microscopic pores of the stone surface where they become trapped and appear as a stain in the stone. Therefore, all travertine, slate, tumbled stone and honed/flamed/unpolished granite should be sealed prior to the grouting process to protect them from staining. The application of a good quality sealer should be used as prior to grouting and again as the final sealing process once the installation is finished.
A premium, natural-look penetrating sealer is suggested for polished or honed marble, limestone, granite, or where the natural color of a slate is desired. Penetrating stone sealers are a no-sheen, natural-look sealer that can be water-based or solvent-based, and are good for interior and exterior applications. Most quality sealers of this type are rated to protect the stone for several years. A stone enhancer sealer is often used on tumbled, antique stones or on slate where a darker, enriched or highlighted character is desired. Stone enhancer sealers are also a no-sheen, penetrating/impregnating sealer that is formulated to darken, enrich, and highlight the natural color and beauty of stone products. They will rejuvenate and improve the appearance of worn and weathered stone. Always test loose pieces of stone to ensure desired effect with enhancing sealers. However, they will also darken the color of grout joints. They are, generally, suitable for interior and exterior use, and rated to protect the stone for several years.
Stone products should be tested periodically per manufacturer's instructions to ensure that the sealer is working effectively. Always reference manufacturer's literature for specific information on the duration of the sealer's protection and make sure that the sealer is applied in strict accordance with the manufacturer's instructions.
A stone floor finish should be applied to a polished natural stone floor only. This type of product will help enhance the shine and provide a protective coating for “soft” or polished marbles. Verify the finish is a wax-type finish designed to add luster and enhance the beauty of sealed and polished natural stone only. A topical finish may change the appearance and performance of your stone, so always test a small area first. Application of topical sealer or wax should never be done as an attempt to add a shine to a honed, scratched or non-polished stone product. This will only create maintenance and/or slip resistance problem.
Only use cleaners specifically designed for cleaning stone. These cleaners contain no acids and are concentrated neutral pH cleaners that will not affect existing sealers or wax-type coatings. The surface of the stone should be dampened with clear water to keep the cleaning solution on the surface so it can be effective. A solution of the cleaner and water, mixed pursuant to manufacturer instructions, should be applied to the stone surface with a sponge or mop. On walls, kitchen counters, or vanity tops a spray bottle can be used to apply the cleaning solution. Allow the solution to sit for manufacturer’s specified amount of time (usually 3 to 5 minutes). Massage with a sponge, synthetic mop, soft bristle brush, or through the use of a floor-scrubbing machine. Mop up dirty solution and buff dry.
Once the stone has been cleaned, you can periodically apply a Spray-Buff wax-type floor/countertop finish to enhance the luster of polished stone. Apply the finish with a spray applicator and buff immediately with a white nylon pad. Reapply as often as needed, depending on volume of surface traffic and consistency of routine maintenance program. The product is not designed to restore the original shine, but is intended to maintain and protect the original shine.
Heavy-Duty Stone Cleaning
Use a heavy-duty non-hazardous and non-polluting stone cleaner and degreaser to effectively remove heavy dirt, grease, grime, waxes, and floor finishes. Apply the solution of the cleaner and water mixed to manufacturer instructions to the stone surface with a sponge or mop. Allow setting for manufacturer-specified amount of time. Massage with a sponge, synthetic mop, and soft bristle brush, or through the use of a floor-scrubbing machine. Mop up dirty solution and buff dry. Be sure to change out the cleaning solution every 100 square feet to avoid reintroducing dirty water during the cleaning process. Rinse thoroughly with clean water when finished. After cleaning you may apply the Spray-Buff wax-type floor/countertop finish to enhance the natural shine.
Stone poultices will remove stains and grout haze from stone. A poultice is a fine, non-acidic, absorptive clay cleaning powder that removes deep-set oil stains, grease, and light cementitious grout haze from polished and unpolished natural stone. WARNING: A poultice may dull the shine of the polished stone. If this occurs, you will need to use a marble polish to restore the natural shine.
If a marble finish has become dull, scratched or etched, you can restore the natural shine through the use of a marble polish, and even the use of floor buffing machines. The process is generally a re-crystallization process to remove fine scratches and restore the original shine and polish to the stone.
Soft clay tiles are categorized as specialty use products, and as such they are generally not governed by the same requirements as glazed or unglazed ceramic tile. These products will require some type of topical sealer protection, designed to provide stain resistance and a durable finish to protect clay tile against wear. Pre-sealing the tile prior to grouting will act as a pre-grout sealer, provided it is applied over a clean tile surface. An additional final coat over the grouted floor will complete the sealing process along with providing the final grout stain protection.
There are two common types of sealers used today for sealing specialty tiles. The first is a water-based blend of acrylic polymers, which allows for moisture vapor transmission. It can be reapplied over itself, without stripping or removing the old sealer when the original application has become worn. The second type is a solvent-based sealer, which is not as forgiving. After the original application has become worn, it must be stripped and removed prior to reapplication. Both types should be UV stable, which means the ultraviolet rays from the sun should not break them down. You should always follow the manufacturer's instructions for use, maintenance, and precautions.
The expected wear of the topical sealer will vary depending on the hardness, surface texture, type or area, usage, and type of maintenance products used. However, the average expected use life of the sealer, when properly prepared, is a maximum of 3 years. Harsh cleaning methods, high-alkaline or solvent-based cleaners can significantly lower the expected life of the sealer. Concentrated tile cleaners are recommended for routine cleaning.
Highly alkaline, acidic, ammoniated, abrasive cleaners and/or bleach may break down the sealer, adversely affecting repellency, and may not be good for the tile or grout. Use neutral cleaners specially formulated for tile and grout that are low VOC, non-hazardous and non-polluting.
Tile Trader does not manufacture installation products or tile cleaning/maintenance products. Tile Trader provides the information contained herein to its customers as an information source only. The products identified in this Website may have chemicals that cause reactions in certain individuals. Tile Trader strongly recommends the use of safety glasses, respirators (masks), and gloves in handling any materials that contain chemicals.
Please contact the manufacturer directly before using a product to obtain proper handling instructions, application instructions, and warnings concerning potential health hazards for any product contemplated for use. Tile Trader also strongly recommends that you always test a small area before using any installation/tile/cleaning/maintenance product to determine whether the product serves its intended purpose.
Natural stone has its own unique qualities that not only distinguish it from man-made materials, but also necessitate consideration in selection for a particular project. Stone is not manufactured; it is a product of nature. Blocks are removed from the quarry, slabs are cut from these blocks, and the slabs are further fabricated into the final stone. Each block is different and each slab is different.
To ensure your natural stone products will provide you with a lifetime of aesthetics and utility, proper maintenance is crucial. Natural stone products are porous by nature and require a different maintenance program than traditional ceramic tile.
COPYRIGHT AND TRADEMARKS
LIMITED AND REVOCABLE LICENSE
All content on this Website is the exclusive property of Tile Trader and is protected by U.S. and international copyright laws. Tile Trader, and Tile Trader graphics, logos, page headers, icons, scripts, and service names are trademarks of Tile Trader. Tile Trader trademarks may not be used except with Tile Trader’s written consent.
Tile Trader grants you a limited, revocable license to access and make personal use of this Website. You may not download (other than page caching) or modify it, except with the written consent of an officer of Tile Trader. You may not make any commercial use of this Website or its contents; any derivative use of this site or its contents; or any use of data mining, robots, or similar data gathering and extraction tools. None of this Website may be reproduced, duplicated, copied, sold, resold, visited, or otherwise used for any commercial purpose without the express written consent of an officer of Tile Trader. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Tile Trader without the written consent of an officer of Tile Trader. You may not use any meta-tags or any other hidden text utilizing the Tile Trader name or trademarks without the written consent of an officer of Tile Trader. Any unauthorized use of the Website terminates this license.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
THIS WEBSITE IS PROVIDED BY TILE TRADER ON AN AS IS AND AS AVAILABLE BASIS. TILE TRADER MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS WEBSITE OR THE INFORMATION, CONTENT, OR PRODUCTS DESCRIBED ON THIS WEBSITE. YOU AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, TILE TRADER DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. TILE TRADER DOES NOT WARRANT THAT THIS WEBSITE, ITS SERVERS, OR ITS E-MAIL MESSAGES ARE FREE OF VIRUSES OR OTHER HARMFUL CONTENTS. TILE TRADER DISCLAIMS ALL LIABILITY FOR ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, DIRECT, INDIRECT, SPECIAL OR OTHER CONSEQUENTIAL DAMAGES INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR OTHER DATA ON YOUR INFORMATION HANDLING SYSTEM OR OTHERWISE, EVEN IF TILE TRADER IS NOTIFIED OF THE POSSIBILITY OF SUCH DAMAGES. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
RELATIONSHIP TO OTHER SITES
If you access a website through this Tile Trader Website, you do so entirely at your own risk. Tile Trader makes no representations whatsoever about any other website you may access through this one. Tile Trader does not have any control over the content of any other website. A link to a non-Tile Trader website does not mean that Tile Trader endorses or accepts any responsibility for the content, or the use, of such website. You must take precautions to ensure that whatever you select for your use is free of such items as viruses and other items of a destructive nature.
By using this Website, you agree that the laws of the State of Texas, without regard to principles of conflict of laws, will govern these Terms and any dispute that might arise between you and Tile Trader.
SITE POLICIES, MODIFICATION, AND SEVERABILITY
Please review our other policies which are posted on this site. These policies also govern your use of this Website. We may make changes to this Website, policies, and Terms at any time without notice. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.
RELATIONSHIP TO THIRD-PARTY WEBSITES
If you access a third-party website through this Website, you do so at your own risk. Tile Trader has no control over, and assumes no responsibility for, the content, privacy policies, or practices of third-party websites. By using this Website, you agree to release Tile Trader from any and all liability arising from your use of any third-party website.
APPLICABLE LAW, JURISDICTION AND VENUE
By using this Website, you agree that the laws of the State of Texas will govern these Terms and any dispute that might arise between you and Tile Trader. By using this Website, you irrevocably submit to the jurisdiction of the state and federal courts in Harris County, Texas and you waive the defense of inconvenient forum to the maintenance of any action or proceeding in such venue.
To the extent permitted by applicable law, you agree to defend, indemnify and hold harmless Tile Trader, its directors, officers, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney fees) arising from: (i) your actions, content or information on this Website, or other use of or access to the service provided by this Website; (ii) your violation of any term of these Terms; (iii) or your violation of any third party right, including without limitation any copyright, property, or privacy right. This defense and indemnification obligation will survive these Terms and your use of the service provided by this Website.
These Terms, and any rights and licenses granted by these Terms, may not be transferred or assigned by you, but may be assigned by Tile Trader without restriction. You agree that your use of this Website will comply with all applicable law. Tile Trader reserves all rights not expressly granted to you.