TERMS & CONDITIONS

1. Introduction: These terms and conditions of sale (these “Terms”) govern the sale of materials by AKDO Intertrade, Inc. (“AKDO”) to the customer named below (“Customer”).

2. Prices: Prices are subject to change without notice.

3. Claims and Warranty: Customer shall inspect all material immediately upon delivery, and report any product damage or discrepancy to AKDO within 48 hours of delivery in order to be considered for credit. Material quantity, color, shading, quality, finish, bevel and correctness of material must be checked upon delivery/receipt. Natural stone is a product of nature; therefore, no two pieces are exactly alike. Pits, fissures, veins, fossils and shading variations are inherent characteristics of natural stone. Though porcelain and glass products are man-made, variations will occur from lot to lot.

4. Warranty Invalidation: AKDO will not accept claims for any reason after the material has been cut, modified or installed. AKDO highly recommends dry-laying all tile and mosaics before installation. AKDO also highly recommends that all natural stone products be coated three times with a penetrating sealant, once prior to grouting and twice afterwards with a 24-hour drying period between applications. Specific questions or concerns regarding installation should be addressed to an installation professional. AKDO assumes no responsibility for any faulty installation.

5. Payment:

• a. Cash, company check or certified check is required on delivery unless Customer has established a pre-approved line of credit with AKDO.
• b. Customer has 30 calendar days from the invoice date to report any discrepancy on the invoice to AKDO. If Customer does not report a discrepancy within 30 days, the invoice will be deemed accepted and due in full.
• c. Customer must remit payment to AKDO’s address printed on the invoice.
• d. Interest will accrue at the rate of 1.5% per month on all delinquent accounts.
• e. Customer shall be responsible for all collection costs, including attorney’s fees, court costs and post judgment interest, if it is necessary for AKDO to take legal action on past due accounts.
• f. Returned checks are subject to a $25 fee. AKDO reserves the right to request replacement payment in the form of a bank check or certified check.
• g. AKDO reserves the right to request an updated credit application from time to time in the event that Customer is pre-approved for a line of credit.
• h. AKDO reserves the right not to extend credit to credit applicants or to withdraw credit at any time at AKDO’s sole discretion.

6. Holds: AKDO will hold materials for 5 business days. AKDO will automatically release materials after 5 business days unless Customer has provided a signed purchase order.

7. Ordering Process:

• a. Customer calls AKDO to verify stock availability and current price of material.
• b. Customer faxes or emails a purchase order to AKDO. AKDO does not accept verbal or email orders without an attached purchase order.
• c. Customer shall ensure that its purchase orders include Customer’s company name, billing address, ship-to address, contact, phone and fax number, material information (item number, name, size, and finish), quantity, unit of measure, price, detailed shipping instructions including ship date, and payment terms.
• d. Within 48 hours, AKDO will process Customer’s purchase order. AKDO will fax confirmation to Customer; Customer will review this conformation for accuracy.
• e. The parties expect orders to ship within 10 business days. AKDO cannot guarantee availability of stock for orders not shippable within 10 business days.
• f. AKDO will hold purchase orders with backordered item(s) until the backordered item(s) become available unless Customer instructs AKDO to ship stocked material separately. Once backordered item(s) become available, normal order processing policies will apply.
• g. If orders exceed AKDO’s normal stock levels they may be treated as a Special Order, requiring a 50% non-refundable deposit.

8. Shipments and Storage:

• a. Customer shall have 30 days from the day that its ordered materials are available at AKDO’s warehouse (and AKDO has so notified Customer) to finalize the sale and pick-up such materials or authorize AKDO to ship such materials to Customer. In the event that Customer does not pick-up or permit AKDO to ship ordered materials within such 30-day window, AKDO may charge Customer, and Customer shall promptly pay AKDO, reasonable fees for storing such materials beyond the 30-day window.
• b. All shipments are F.O.B. AKDO’s warehouse. Title passes onto the freight carrier upon pickup from AKDO’s facility, except deliveries that are made via AKDO vehicles.
• c. AKDO is not responsible for freight costs.
• d. AKDO will use common carrier service unless otherwise specified by Customer.
• e. All shipments via FedEx and UPS are subject to a handling charge of $10 per box plus applicable freight charges.
• f. Field tiles and select merchandise are only sold in full cartons.
• g. No allowance is given for breakage or loss in transit. All claims shall be directed by Customer to the freight carrier. Customer must clearly document and record the damage at the time of delivery.
• h. AKDO offers regional delivery programs. Please ask your sales or customer service representative for details on options in your area.

9. Returns:

• a. All returns must be pre-authorized by AKDO.
• b. AKDO will only accept returns of the full quantity ordered, no partial returns will be accepted.
• c. AKDO will not accept any returns without an accompanying Return Approval Form. Please mark the RA# clearly on the shipping documents. AKDO will determine final credit upon receipt and inspection. Please note that any returns that arrive damaged back to AKDO will not be credited to the dealer.
• d. No returns will be accepted unless authorized by AKDO.
• e. A 20% restocking fee applies to all returns.
• f. AKDO will not accept any returns freight collect. Returns must be freight prepaid by Customer.
• g. Returns will not be accepted after 30 days from the invoice date.
• h. Materials returned must be in resalable condition and in original packaging.

10. Returns Authorization Process:

• g. Call AKDO to obtain a return authorization.
• h. AKDO will complete a Return Authorization Form.
• i. After reviewing the request, AKDO will fax the form back to Customer either accepting or declining Customer’s request.
• j. If accepted, Customer shall place a copy of the Return Approval Form in with the materials being returned and write the Return Authorization Number on the shipping documents.

11. Returns Disclaimer: AKDO will not accept claims for any reason after material has been cut, modified, or installed. You have chosen to install your own surface covering product. Neither AKDO Intertrade, Inc. (“AKDO”) nor the manufacturer shall have any responsibility for damage to property or for personal injury resulting from or related to the installation process. You have determined the appropriate product and measurements for your needs. Except as otherwise set forth in writing, AKDO disclaims any and all representations and warranties regarding the suitability of the product for its intended use or the accuracy of measurements. Please read all instructions with care before beginning installation. These instructions are considered a guide, to help prevent problems caused by errors in installation. The instructions should not be considered complete. Many details of installation are learned through experience and general construction knowledge, which we cannot provide. The installation guidelines are intended to be recommendations only, and they are not intended to serve as a step-by-step installation checklist. Selection of an experienced installer to determine the best installation procedure for your project. Installers should refer to the most current industry standards and specifications for installation. You assume all risks of loss or damage in connection with the installation and use of the surface covering product.

11. Entire Agreement: AKDO and Customer acknowledge that these Terms (i) set forth the entire agreement and understanding between the parties with respect to the sale of goods by AKDO, (ii) fully replace and supersede any prior understanding, promises or agreement between the parties with respect to the sale of goods by AKDO, and (iii) govern all sales of goods from AKDO to Customer. Notwithstanding the foregoing, AKDO and Customer agree that these Terms shall not supersede or replace AKDO’s “Special Order Agreement”, which, if executed, shall supplement these Terms with respect to special orders. In the event of a conflict between these Terms and the terms of a ““Special Order Agreement”, the terms of the “Special Order Agreement” shall control with respect to special orders.

AKDO expressly disclaims any supplemental or contradictory terms or conditions offered by Customer, and AKDO and Customer acknowledge that these Terms supersede any such terms. Acceptance is limited to these Terms (and, if signed, the “Special Order Agreement”). For more information about Special Orders, please refer to AKDO’s Special Order Terms and Agreement Policies.