Wausau Tile

Terms of Sale

Wausau Tile's offer to sell our products is expressly limited to acceptance of the terms set forth in this Standard Terms of Sale Agreement (Agreement). Terms that are additional to, conflicting with or different from those set forth in this Agreement are rejected unless expressly accepted in writing and signed by a corporate officer or division manager of Wausau Tile.

Payment Terms
All municipalities, school systems, government agencies and approved accounts pay the invoiced amount thirty days after the shipping date. For all other customers, a credit application form is required to be filled out before payment terms are approved.

All first time customers are required to prepay orders under $1,000.00. First time customers with an order of $1,000.00 or more are required to prepay a minimum 30% of the total with the balance subject to credit approval.

For all orders: Failure to pay as agreed may suspend production of unfilled order. A finance charge of 1-1/2% per month (18% per annum) is added to past due invoices. Collection fees and expenses are added to overdue accounts turned over to a collection agency or attorney.

Custom Orders
All custom orders require a 30% deposit before production takes place for both new and existing customers in good standing. New customers will also be required to receive credit approval. Custom made products cannot be returned. Customer is responsible for confirmation of logos, specifications, field measurements and quantities.

Method of Payment
Method of payment is subject to credit approval and may include: MasterCard, VISA, American Express, Discover, money order, check, cashier's check or wire transfer. Wire transfer is required for either international shipment or international accounts.

Sales or Use Tax
Sales or use tax will be charged on all applicable orders and added to invoice unless customer presents a tax exempt certificate. Applicable sales or use tax rate will be used at time of shipment because tax rates may change during the processing of the order.

Freight Charges & Fuel Surcharges
Product is sold F.O.B. factory. Freight charges are prepaid and added to invoice or direct billed to customer when third-party delivery occurs. Fuel surcharges will be determined at time of shipment. All weights listed are approximate and include packing material. On orders that require prepayment, a firm quote will be given at the time an order is placed. Due to variations or changes in state laws, all other orders will be given an estimate of sales tax, freight and fuel surcharges until date of shipment when the amount can be accurately calculated.

Acceptance
Acceptance occurs upon the earlier of: (a) date the product is installed, (b) date the product is used, or (c) ten calendar days after delivery. Owner shall provide Wausau Tile with written notice of any defect as well as notice of any claim under Wausau Tile's limited warranty before product installation takes place. Such notice shall be by registered mail to Wausau Tile, Inc.

Cancellations
No order can be cancelled without obtaining approval from your sales representative. Fees may be charged depending on the circumstances of your order.

Returns
Custom made products cannot be returned. Non-custom products can only be returned at time of original delivery if (1) it is authorized by your sales representative and (2) customer has paid a restocking fee of 30% of product charge (per invoice) plus all delivery and return freight charges.

We take extreme care to ensure that your shipment arrives in acceptable condition. When your shipment arrives, the carrier will provide you with a delivery receipt. It is vital that you count the number of pieces being delivered and inspect each carton for damage prior to signing this document. No claims for damage or missing merchandise can be made unless it is recorded on this delivery receipt. Claims for hidden damage must be reported to Wausau Tile in writing within 10 calendar days of receipt of delivery. If you have questions or encounter any difficulty, please call our customer service department at 800-388-8728.

Limited Warranty
The offer to sell Wausau Tile products is expressly limited to acceptance of the warranty terms set forth in this LIMITED WARRANTY. By purchasing a Wausau Tile product, you accept the LIMITED WARRANTY terms herein. THIS LIMITED WARRANTY AND REMEDIES HEREIN ARE EXCLUSIVE AND INSTEAD OF ALL OTHER WARRANTIES AND REMEDIES, WHETHER ORAL, WRITTEN, STATUTORY, LEGAL OR EQUITABLE, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AS WELL AS WARRANTIES AGAINST HIDDEN OR LATENT DEFECTS. ALL WARRANTIES ARE EXCLUDED EXCEPT THOSE EXPRESS WARRANTIES STATED ON THE FACE OF THIS LIMITED WARRANTY. REMEDIES FOR ANY BREACH OF THIS LIMITED WARRANTY ARE LIMITED TO WAUSAU TILE'S ABSOLUTE OPTION TO REPAIR OR REPLACE THE DEFECTIVE PRODUCT AND THERE IS NO OTHER REMEDY AVAILABLE. WAUSAU TILE SHALL NOT BE LIABLE FOR DAMAGE TO PROPERTY BEYOND WAUSAU TILE'S PRODUCT; AND, WAUSAU TILE IS NOT LIABLE FOR DIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES FOR ANY CLAIMS, INCLUDING BUT NOT LIMITED TO TORT, STRICT LIABILITY, STATUTORY, BREACH OF EXPRESS WARRANTY, BREACH OF IMPLIED WARRANTY, AND BREACH OF CONTRACT. NO PERSON IS AUTHORIZED TO MAKE ADDITIONAL STATEMENTS, PROMISES, GUARANTIES, WARRANTIES OR REPRESENTATIONS REGARDING PERFORMANCE OF WAUSAU TILE PRODUCTS. Terms that are either additional to, conflicting with or different from those herein are excluded unless specifically agreed to in a separate writing and signed by a corporate officer or division manager of Wausau Tile. This LIMITED WARRANTY is for the benefit of the original purchaser of the Wausau Tile product who may transfer this LIMITED WARRANTY to the owner of the real estate where the warranted product is originally installed.

Concrete products may exhibit efflorescence which appears as a white stain on some colored concrete products as the result of moisture evaporation. Efflorescence is a common condition to which concrete products are susceptible. It generally clears up and eventually dissipates as concrete products age. Efflorescence is a condition that does not affect the structural integrity or the longevity of the product and is not covered under this warranty. Tile not installed immediately after delivery should be stored in a climate controlled environment.

Wausau Tile products are warranted to be free from defect in material and workmanship during manufacturing based on applicable industry standards. Warranty periods begin on delivery date of the warranted product and extend for the period listed below:

• Precast terrazzo products are warranted for two years.
• Terrazzo tile, plastic and metal pieces are warranted for one year.
• Framing and aluminum products are warranted for two years.
• Powder coating is warranted for two years.
• Thermo-plastic coating is warranted for five years.
• Concrete site furnishings are warranted for two years.
• Pavers are warranted for three years if properly installed according to both project specifications and Wausau Tile installation recommendations. Placing pavers on non-Wausau Tile pedestals voids this LIMITED WARRANTY.

If any Wausau Tile product fails to perform due to a defect in workmanship or materials within the applicable warranty period, then Wausau Tile, at its sole option, will either repair or replace the defective product. The dollar amount of warranty coverage under this LIMITED WARRANTY shall not exceed the invoiced price for the defective product itself, excluding sales tax and freight. This LIMITED WARRANTY is void if the product is not maintained as recommended by Wausau Tile. Wausau Tile's warranty does not cover cosmetic scratches, dents, normal discoloration or fading. Due to inherent properties of concrete and cement products, it is normal for variations in shading or color to be present in a finished product or occur over time due to sunlight exposure or other environmental factors; and, those variations in shading or color are not covered by this LIMITED WARRANTY. This LIMITED WARRANTY does not cover cracking, chipping or other damage caused by: (a) settling or other foundation movement regardless whether caused by man-made or natural environmental causes, (b) failure of the structure or its foundation, (c) failure of non-Wausau Tile products or (d) improper storage or handling after delivery. There is no warranty for damage caused by impact, vandalism, acts of third parties or natural disaster. Alteration of product, floor or tiles voids this LIMITED WARRANTY. Installation of structures, fixtures or utilities on or through the product without prior written approval from Wausau Tile voids this LIMITED WARRANTY.

As a precondition to validate any warranty claim, purchaser must present written notice of a warranty claim to Wausau Tile within 30 days after a warranty claim accrues or within 30 days after purchaser first notices an alleged defect, whichever is earlier. If purchaser or its installer believes a defect exists, do not install the product; instead, contact Wausau Tile within 24 hours after notice of alleged defect and make a warranty claim to Wausau Tile. While this LIMITED WARRANTY is in effect, Wausau Tile and its agents shall have free access to inspect, test, repair or remedy the warranted product and Wausau Tile shall have the first opportunity to remedy any alleged defect.

In any dispute as to the LIMITED WARRANTY or defective product, the purchaser or Owner making a claim (Claimant) has the burden of proving all elements under applicable law plus: (1) the product was installed according to applicable industry and project specifications, (2) the product was maintained according to applicable maintenance recommendations, and (3) the product was defective within the meaning of this LIMITED WARRANTY. In the event a civil action is filed, Wausau Tile and Claimant shall attempt mediation facilitated by a mutually agreed upon neutral mediator before conducting formal discovery. At mediation, both Wausau Tile and Claimant shall each have a designated representative attend who has full authority to settle the civil action. Wausau Tile and Claimant shall be responsible for their own attorney fees and any other expense associated with mediation as well as paying for an equal share of the mediator's fee. To obtain installation or maintenance recommendations, request information on extended warranties or make a warranty claim contact: Wausau Tile, Inc., c/o Vice President of Operations by mail at PO Box 1520, Wausau, WI 54402 or by fax at 715-355-4627.