1. Ordering

Although we may have assisted in preparation of quantities for product quoted, all quantities must be verified by your designer, architect, contractor, installer, or equivalent, as Ann Sacks will not be held responsible for discrepancies. On all non-plumbing or bath accessory products, industry standard typically recommends ordering at least ten to fifteen percent (10 - 15%) overage, or more, depending on the product type, patterning, etc., to account for cuts and other waste. Product availability dates provided by Ann Sacks are estimates only and do not represent fixed or guaranteed delivery dates. Product may not be stock held beyond thirty (30) days. Order additions or changes may result in delay and/or lot or range variation.

2. Taxes

Ann Sacks collects sales tax where required by law. You must provide a valid, properly completed exemption certificate for any tax from which you claim an exemption. Orders may be subject to additional tax and/or duties per the delivery destination. It is your sole responsibility to determine and remit these taxes or other charges where required.

3. Export Administration

You agree to comply with all relevant export laws, rules and regulations of the United States and any other applicable laws, rules, and regulations ("Laws") to ensure that no portion of the goods nor any services are exported, directly or indirectly, in violation of any Laws or used for purposes prohibited by any Laws. We reserve the right to cancel any quote or order, at any time, even after payment, in our sole discretion, for any perceived, potential, or actual failure to comply with applicable Laws.

4. Shipping & Delivery

Immediately upon delivery, please review the shipment for accuracy of product ordered, including but not limited to quantity, quality, color, and any shipping damage or defect. Contact customer service immediately if any problems exist. All freight damage or loss claims must be presented in writing to Ann Sacks and any delivery carrier within five (5) days of receipt of product. Any damage that is apparent upon delivery must be noted on the freight carrier delivery receipt. You are responsible for additional carrier fees associated with shipments for: (1) re-consignment for changing delivery address; (2) redelivery where failed delivery attempts occurred; and (3) additional expediting, special delivery requirements and/or storage. These additional fees incurred will be collected from you by the carrier. Ann Sacks disclaims all liability for direct, indirect, special, or consequential damages, lost working time, or any expenses that relate directly or indirectly to changes in delivery dates and times or in the event of a delivery being delayed, postponed, or incorrect.

5. Will-Call

It is your responsibility to review product for accuracy of product ordered, including but not limited to quantity, quality, color, and any shipping damage or defect to ensure accuracy prior to product leaving Ann Sacks’ premises. Any discrepancies between the customer’s inspection and the purchased product as reflected upon the pick ticket must be resolved prior to leaving. Signature at the time of pickup, constitutes agreement that your order has been received in FULL and that it is ACCURATE. Once product leaves the premises, no exceptions will be made. Ann Sacks reserves the right to refuse release of product if your vehicle is not adequate or safe for pick up or if we are unable to verify purchaser.

6. Installation

Ann Sacks does not accept responsibility or liability for installation, sealing, or refinishing of any product. Product should be installed by pulling from all crates or boxes to ensure optimal blending of shade variation. No adjustment can be made once product has been installed. Installation of product constitutes your acceptance.

7. Payment Terms & Pricing

A minimum fifty percent (50%) deposit is due upon placement of order but may require up to one hundred percent (100%) payment depending on product type, order value, and lead time, as determined by Ann Sacks. All orders placed with a deposit require final payment thirty (30) days from order date. Product placed on a stock hold, to be shipped within thirty (30) days, or orders with a value of Five Thousand Dollars and 00/100 ($5,000.00) and below require payment in full at order placement. See sales associate for specific requirements on your order. All orders require one hundred percent (100%) payment prior to shipment of product. We accept credit cards (Visa, MC, Amex, and Discover), cash (where required by law), money order, cashier’s check, and wire transfer. Subject to credit application and approval, NET thirty (30) payment terms may be available to established business clients, as determined by Ann Sacks. Pricing quoted is valid and will be honored for thirty (30) days, unless otherwise noted and subject to change at any time without notice.

8. Late Payment

All late payments are subject to interest charges at the lesser of one and one-half percent (1.5%) per month or the amount permitted by applicable law, and you agree to pay all reasonable collection costs in enforcing these Terms, including but not limited to reasonable attorneys’ fees.

9. Returns and Cancellations

Returns will not be accepted after 30 days from delivery or will-call date and will not be honored without prior written authorization of Ann Sacks. Returns will incur a 25% restocking fee, plus applicable return freight charges. Shipping and delivery fees are non-refundable. Only full boxes of field tile will be considered for return. All products must be in original condition and packaging to qualify. Credit will not be issued for product returned in non-saleable condition, partially installed, or damaged due to improper packaging, handling, or otherwise. Custom, non-stock, and final sale product may not be cancelled or returned. All Ann Sacks ‘Slab Gallery’ product is non-returnable. ‘Retail Assortment’ product require the original receipt for return. Stock orders may be cancelled prior to shipment. Product not shipped within thirty (30) days of the initial order date is subject to cancellation and a twenty-five percent (25%) forfeiture fee. Purchases made by cash or check will be refunded via check and issued to the original customer. Credit card refunds will be issued to the same card used for purchase.

10. Limited One Year Warranty

All Ann Sacks brand products carry Ann Sacks’ One-Year Limited Warranty unless otherwise noted. Ann Sacks products are warranted to the original customer to be free from defects in product and workmanship for one (1) year from initial shipment date. For brands other than Ann Sacks, see the manufacturer’s written warranty, which is available upon your request to customer services. Ann Sacks is not responsible for removal, installation, labor charges, or other incidental or consequential costs. In no case shall Ann Sacks’ liability exceed the purchase price of the product. Product damage caused by improper installation, installing in unsuitable environments, other misuse, abuse, or accident, or improper maintenance is not covered by this warranty. With respect to tile and stone, variations in color, shade, flow, grain, tonality, crazing, veining, and texture are inherent characteristics thereof and are not considered defects. Variations in facial dimensions and thickness will be allowed as per industry standards. No warranties are made against crazing, scratching or wear due to improper installation, including but not limited to improper alteration of the surface with sealers or grout, falling objects, abuse, misuse, exposure to extreme temperatures, using improper chemicals or compounds, non-foot traffic wear, or other similar incidents. Although products may perform well in steam shower environments, Ann Sacks does not recommend or warrant its products for steam showers due to intense steam, heat and moisture, and the high dependence of proper construction and installation for successful product performance. To obtain warranty support, contact Ann Sacks by email at, by phone at 800.278.8453, or by mail at 8120 N.E. 33rd Drive, Portland, Oregon 97211.

EXCEPT TO THE EXTENT PROHIBITED BY APPLICABLE LAW, ANY IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE EXCLUDED FROM THIS CONTRACT. FURTHER, ANN SACKS DISCLAIMS ANY LIABILITY FOR SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES. This warranty gives you specific legal rights. You may also have other rights which vary from jurisdiction to jurisdiction. Any action for breach of this warranty must be commenced within one (1) year from the time the defect occurs or should have been discovered. Some states do not allow such a limitation on the time in which to sue, so the foregoing limitation may not apply to you.