ARTIZZA USA, LLC. 

 


TERMS AND CONDITIONS OF SALE AND LIMITED WARRANTY


 

1. BUYER'S ACCEPTANCE OF TERMS AND CONDITIONS OF SALE:

These terms and conditions of sale ("terms and conditions") shall apply to every sale by Artizza USA, LLC., ("Artizza") of mosaics, mosaic tiles, decors, borders and

other decorations, all packaging related to such items, and any other products (collectively, the "products") sold under any of Artizza USA, LLC., trademarks,

including "Artizza" and "Artizza Mexico" to any person or entity who places and order and/or purchases products (the "buyer") from Artizza. Depending on the type

of products sold and at Artizza's sole discretion, additional terms and conditions ("additional T&C") may also apply and will supplement the terms and conditions. In

such case, the additional T&C will be provided by Artizza to buyer and become an integral part of these terms and conditions. Buyer's signature below shall be

deemed acceptance of these terms and conditions and all additional T&C. Moreover, in each instance that the buyer or buyer's agent receives from Artizza an

order confirmation for an order that buyer or buyer's placed with Artizza, buyer shall be deemed to have affirmed and ratified such previously signed terms and

conditions. At any time and at Artizza's sole discretion, Artizza may issue new terms and conditions and/or additional T&C. Any new terms and conditions will void

and replace any existing terms and conditions that buyer may have previously accepted. Any additional T&C will supplement any existing or new terms and

conditions. In either case, such new terms and conditions and/or additional T&C will apply to every sale confirmed after their adoption. Buyer shall accept the new

terms and conditions and/or additional T&C which Artizza shall provide, either on a separate document, or printed on, or attached to, a Artizza order confirmation

form or on Artizza's catalogues or price lists then existing, as referred to in order confirmation, as applicable, before Artizza will confirm any new order. Any other

additional or different terms and conditions which may at any time be indicated in buyer's purchase order, forms, correspondence or otherwise (whether oral or

written) shall be of no effect, even if not expressly objected to by Artizza. The terms and conditions and any additional T&C may be amended or modified only by

written agreement signed by Artizza's president.

 

2. PURCHASE ORDERS:

Buyer shall submit purchase orders to Artizza in writing, stating, at a minimum;

 

(i) Identification of the products ordered, including applicable SKUs, in each case with the dimensions subject to estimates, as designated in Artizza's published

price list(s) and catalogues;

(ii) complete architectural drawings for custom designed mosaics, mosaic decors or borders, etc.;

(iii) quantity of products, subject to minimum orders and rounding as specified in Artizza's published price list(s);

(iv) preferred date of delivery of products; and

(v) shipping instructions and shipping address. 

 

NB: Artizza recommends that buyer purchase 5% to 10% more mosaic tiles than buyer anticipates needing, for the following reasons; to ensure replacement tiles

of the same color batch if any tiles are damaged after installation; to compensate for possible minor defects or inconsistencies in individual mosaic tiles; and,

since underestimating the quantity of tiles needed is a common occurrence, to help ensure that buyer purchases enough mosaic tiles. 

 

Buyer acknowledges that the dimensions and technical specifications of each product, as published or provided by Artizza, are estimates only. Buyer further

acknowledges that Artizza manufactures its products using inches units of measurement, any conversion to metric units of measurement is only approximate and

therefore Artizza is not responsible for any discrepancies in measurements. By submitting an order, buyer confirms notice of such estimates and takes sole

responsabilty for providing and/or confirming to Artizza, for each product in buyer's order, precise and correct measurements, dimensions, colors and/or quantities,

including without limitation, the number of sheets of mosaic tiles buyer requires when ordering mosaic product sold by the sheet or by boxes of sheets. In fulfilling

buyer's order, Artizza will use commercially reasonable efforts to follow measurements and/or dimensions, and choice of colors provided by buyer, as confirmed in

artist's order confirmation (as defined below).

 

ARTIZZA ASSUMES NO LIABILITY FOR ANY INACCURATE MEASUREMENTS AND/OR DIMENSIONS, OR FOR ANY DISCREPANCIES BETWEEN THE COLORS SPECIFIED BY

BUYER AND AS ACTUALLY DELIVERED. 

 

3. BINDING ORDERS; NO ASSIGMENT:

Any order by buyer may be accepted by Artizza in whole or in part, in each case at Artizza's discretion. An order from the buyer becomes irrevocably binding on

buyer when Artizza receives Artizza's order confirmation ("OC") signed by buyer. Artizza must receive the OC signed by the buyer within 24 hours from its

transmission to buyer, otherwise Artizza may deem the OC revoked. The buyer acknowledges and agrees that Artizza's acceptance of an order does not create any

obligation by Artizza to accept future orders from the buyer, nor does it create a supply, requirements or distribution relationship between Artizza and the buyer.

Buyer may not assign this contract of sale ("the agreement"), in whole or in part, or assign any of buyer's rights or delegate any of buyer's obligations under these

terms and conditions and or OC, without: (a) Artizza's prior written consent; and (b) the assignee or delegate's signature of the current terms and conditions. 

 

4. PARTIAL SHIPMENTS:

Partial shipments will be invoiced as shipped. Buyer cannot reject any partial shipments unless the products subject to such partial shipments are shown to be

defective under the Artizza limited warranty. 

 

5. SHIPPING INSTRUCTIONS AND DELIVERY DATE:

Buyer shall be responsible for all shipping/freight forwarding and related arrangements directly with the shipper (including shipping instructions, shipping address,

delivery (AWUS) Artizza's warehouse in the United States of America ("the warehouse") or ex work (AFMX) Artizza's assembly factory in Mexico ("The Factory") as

Artizza shall specify or as otherwise agreed to in writing in the OC or invoice. Buyer shall also be responsible for all customs brokers, and exporter/importer of

record requirements, and payment of all costs, including any duties, penalties and/or official fees relating to the delivery and shipment of the products AFMX the

factory or AWUS the warehouse (unless otherwise agreed to in writing in the OC or invoice). Buyer shall be responsible for and cooperate with any requests

directly or indirectly made by an customs authorities, including U.S or Mexican, irrespective of whether buyer is the exporter/importer of record. The products shall

be ready for pickup by buyer or buyer's authorized agent at the warehouse or at the factory, as of the date of the estimated delivery indicated in the OC or as

otherwise indicated in writing by Artizza. The delivery date is only an estimated date by which the product will be ready for buyer’s pickup; Artizza does not

guaranty delivery on the estimated date. In the event that buyer takes delivery of the products at the warehouse, twenty-four (24) hours prior to such pickup,

buyer must confirm its shipping instructions by calling Tel. +(877) 399-3371. The pickup address is Artizza USA, LLC., 7500 N Macarthur BLVD, unit 1214, Irving,

Texas, 75063-7510, U.S., unless otherwise specified in writing by Artizza. Buyer shall be responsible for all warehousing costs related to the ordered products as

of the date of delivery specified in the order confirmation or as subsequently indicated in writing by Artizza. 

 

6. PRICE AND RISK OF LOSS:

Prices are (AWUS) Warehouse or (AFMX) factory. Risk of loss or damage to the products shall pass to the buyer upon Artizza or Artizza’s agent placing the

products at buyer’s disposal for pickup. In the event of any shipping arrangements made by Artizza with carriers or forwarding agents, and with customs brokers,

for the delivery of the products, such arrangements are made solely on buyer’s behalf and at buyer’s sole cost and risk of loss and damage. Claims for breakage,

damage, loss in transit and delay in delivery must be made to the carrier by the buyer.

 

7. PACKING:

The Products are delivered in cardboard boxes. For non-standard size items, Artizza reserves the right, at its sole discretion, to arrange for alternative packing

suitable to the order, including the use of pallets and wood crates. Artizza may also charge a “handling fee” for orders of less then a full box of sheets of mosaic

tiles. The additional cost of such special packing or handling fee will be charged on the invoice to the buyer as indicated on the OC.

 

8. PAYMENT TERMS: 

All Products shall be invoiced on the pickup date communicated by Artizza to buyer and payment shall be due immediately, whether or not the buyer has taken

delivery of the purchased products, including in the event that Artizza withholds delivery until payment in full has been received and has cleared Artizza’s bank

account, or because of a past due balance. All payments must be made in immediately available funds, unless credit terms are extended by Artizza in writing.

Artizza will not ship products until buyer makes payment in full and such payment clears Artizza’s bank account. Artizza also reserves the right to stop shipments

to buyers that have a past due balance.

 

9. SECURITY INTEREST: 

Notwithstanding anything to the contrary, buyer agrees that as security for the performance of buyer's payment obligations hereunder, title and right of

possession of the products shall remain with Artizza until such products have been paid for in full. In connection with buyer’s purchase of the products from

Artizza, buyer hereby grants to Artizza a security interest in: the products, all other inventory, merchandise, goods or equipment of every kind and description sold

or supplied by Artizza to the buyer together with all attachments and additions thereto, and any and all proceeds and products thereof (including without

limitation proceeds of insurance) (collectively, the “collateral”). Such security interest shall continue until buyer has made payment in full in accordance with the

terms of this agreement and including all deferred payments whether evidenced by promissory notes or otherwise. Buyer agrees to execute any financing

statements, and any amendments thereto, required by Artizza to create and preserve such purchase money security interest, and buyer hereby authorizes and

grants power of attorney to Artizza to file any financing statements in any jurisdiction at any time Artizza deems it necessary to protect and maintain its interest,

with or without the signature of buyer, and specifically authorizes Artizza to file such statements without buyer's signature. Buyer hereby represents and

warrants that no entity or individual holds any security interest in any of its assets which might include the collateral; and for so long as any amounts remain

outstanding between buyer and Artizza, buyer shall, at its own cost and expense, maintain the collateral free and clear of all liens, encumbrances, levies,

attachments or other judicial process from every cause whatsoever.

 

10. LATE FEES AND COST OF COLLECTION: 

Artizza shall have the right to assess and collect the greater of either 5% (five percent) or simple interest, at the maximum allowed annual rate then in effect, on

all balances over 30 (thirty) days past due. In the event buyer shall default in its obligations hereunder, buyer shall be liable for Artizza’s costs of collection,

including attorney’s fees, disbursements and court costs.

 

11. CANCELLATION BY ARTIZZA: 

Artizza may cancel an order without such cancellation constituting a breach of the agreement and without any liability for Artizza, if Buyer becomes insolvent or

suspends any of its operations or if any petition is filed or proceeding commenced by or against buyer under any state or federal law relating to bankruptcy,

reorganization, receivership, or assignment for the benefit of creditors, or if Artizza believes in good faith that buyer's ability to make payment required by these

terms and conditions is or may become impaired. Buyer remains liable to pay for any products already shipped.

 

12. PROPRIETARY RIGHTS AND CONFIDENTIAL INFORMATION: 

All rights in or to any patterns, designs, trade names, trademarks or copyrights of Artizza used on or in connection with the products are proprietary to and shall

remain the exclusive property of Artizza, and the buyer shall have no right or interest therein or with respect thereto. The buyer shall not reproduce or simulate, or

cause or allow anyone else to reproduce or simulate, either directly or indirectly any such pattern, design, trade name, trademark or copyright.

 

13. GOVERNING LAW; ARBITRATION; JURISDICTION; STATUTE OF LIMITATION: 

Any controversy or claim arising out of or relating to these terms and conditions or any transactions governed by such terms and conditions, or any other

controversy or claim between the parties to these terms and conditions, or the breach of any of the foregoing, shall be construed and decided in accordance with

the laws of the State of Texas, irrespective of its conflict of law provisions and excluding the CISG (the United Nations Convention on Contracts for the

International Sale of Goods), and shall be submitted to binding arbitration in Dallas, Texas, in accordance with the commercial rules, expedited procedures and

optional rules for emergency measures of protection then in effect of the American Arbitration Association. The U.S. Federal Arbitration Act shall apply to any

proceedings in connection with the arbitration. Judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. Any

action or lawsuit for breach of contract or warranty, except for actions or lawsuits by Artizza to collect sums due from buyer, must be commenced within twelve

(12) months following purchase of the products.

 

14. WAIVER: 

No failure or delay by Artizza in exercising its rights under these terms and conditions or in exercising its rights accruing from any default of buyer shall constitute

a waiver of any such rights, or shall impair Artizza’s rights in case buyer's default continues or in case of any subsequent default by buyer.

 

15. NO RETURNS-EXCHANGES: 

Artizza accepts no returns or exchanges of any products, except in the event of defective products. Any claims for defective products shall be governed solely by

the Artizza Limited Warranty.

 

16. ARTIZZA LIMITED WARRANTY: 

Artizza warrants that the products, shall be free from defects in material and workmanship in accordance with the following terms:

WHO IS COVERED BY THIS WARRANTY; This warranty extends to the buyer and to a purchaser of products from Artizza or a distributor or retailer authorized by

Artizza, and to those persons who, under applicable state law, are entitled to rely hereon as third party beneficiaries (each a “subsequent purchaser”).

HOW LONG THE WARRANTY LASTS; Coverage under this warranty lasts for twelve (12) months from the date of purchase. 

WHAT ARTIZZA WILL DO; Artizza will, at its option, either (i) replace defective products free of charge, provided that the buyer or the subsequent purchaser pays

the shipping, insurance and customs duties, if applicable, for the returned products and the replacement products or (ii) pay to the buyer or the subsequent

purchaser the replacement value of the defective products. In no case shall Artizza have to pay an amount greater than the price paid to Artizza for the products

which are found to be defective. In either case, the buyer and/or the subsequent purchaser must comply with the claims procedure described below. Artizza will

not be responsible for payment of any labor or material expenses to diagnose, adjust, service, remove, install or replace the products. In the event that Artizza

replaces any defective products with substitute products, buyer acknowledges and agrees that such substitute products may not be identical to the defective

products. In replacing any defective products, Artizza will use reasonable efforts to ensure that the substitute products are as similar as possible to such

defective products.

 

CLAIMS PROCEDURE: 

The buyer or subsequent purchaser must notify Artizza of defective products in writing by registered or certified mail, return receipt requested, within thirty (30)

days after the discovery thereof, but no later than the warranty period, TIME BEING OF THE ESSENCE. The notice must include proof of purchase, sent to the

following address: Artizza USA, LLC., PO Box 191802, Dallas, TX 75219-7510 USA (a copy of the notice may also be sent by e-mail to info@Artizza.com). Artizza

may, at its discretion, require that the buyer or the subsequent purchaser return any and all defective products. However, no products shall be returned to Artizza

without its prior written authorization.

 

LIMITATIONS:

THIS WARRANTY SHALL NOT APPLY TO DEFECTS OR DAMAGE (LATENT OR OTHERWISE) OF THE PRODUCTS CAUSED BY MISUSE, ABUSE, NEGLECT OR IMPROPER

HANDLING OR STORAGE; BY WEATHER OR TEMPERATURE, WATER, CHEMICALS OR ACID RAIN; BY HAIL, IMPACT OF FOREIGN OBJECTS, EARTHQUAKE, HURRICANE,

TORNADO, LIGHTNING, FLOOD, OTHER VIOLENT STORM OR CASUALTY, OR ACTS OF GOD; BY SETTLEMENT, MOVEMENT, DISTORTION, FAILURE OR CRACKING OF THE

SUPPORT STRUCTURE OR BASE; BY EXPOSURE TO HARMFUL CHEMICALS; OR BY DAMAGE OCCURRING DURING SHIPPING OR HANDLING BY THE INSTALLER OR

SUPPLIER; OR BY IMPROPER INSTALLATION.

 

It is the buyer and/or subsequent purchaser’s responsibility to consult a specialist or specialists in the specific type of installation(s) for which the buyer and/or

the subsequent purchaser wants to use the products, and for instructions and recommendations on procedures, tools and materials to be used in the installation

of the products (including, but not limited to, selection and application of adhesives and grouting). Artizza assumes no responsibility for the installation of the

products, and any reference to installation methods, tools or products by Artizza’s employees or representatives, or in Artizza’s printed materials, including

Artizza’s catalogues and website, are simply illustrative and do not and should not replace consultation with a specialist in the specific type of installation.

 

It is the buyer and/or the subsequent purchaser’s responsibility to consult a specialist in the buyer and/or subsequent purchaser’s region for any special

installation and maintenance instructions or recommendations which may be applicable due to weather conditions, temperatures, and water or chemical conditions

present in the buyer’s and/or subsequent purchaser’s area. Artizza shall have no liability for changes in color, shade or hue of the products caused by stains or

contamination or resulting from outside sources such as, but not limited to, water salinity or acidity, or contaminants, moss, lichens, algae, mildew, fungus or

other vegetation.

 

Buyer acknowledges and agrees that the products, and in particular mosaics, are unique works of art some of which are handcrafted by mosaic artists. Samples

and images of the products must be considered merely illustrative of the final products and Artizza does not represent or warrant that the products will be

identical to such samples or images. Furthermore, mosaic tiles may chip during the manufacturing process and natural materials as well as colored stone, or glass

or enamel or other composite materials may vary in color, hue or shade; therefore, Artizza does not warrant nor shall Artizza be liable for or be required to replace

or otherwise indemnify buyer and/or subsequent purchaser (i) because a sample or image or a design was not reproduced exactly or (ii) because of chipped tiles,

or variations in color, hue or shade.

 

SOLE AND EXCLUSIVE WARRANTY: 

THIS WARRANTY IS EXPRESSLY IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, TO THE EXTENT ALLOWED BY LAW, ANY IMPLIED WARRANTY

OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. UNDER NO CIRCUMSTANCES SHALL ARTIZZA BE RESPONSIBLE FOR INCIDENTAL, CONSEQUENTIAL,

PUNITIVE OR SPECIAL DAMAGES, UNDER OR ARISING OUT OF THIS AGREEMENT, OR THE USE OF THE PRODUCTS, WHETHER BASED ON CONTRACT, TORT OR OTHER

LEGAL THEORY. ARTIZZA NEITHER ASSUMES NOR AUTHORIZES ANY ARTIZZA’S EMPLOYEE, DISTRIBUTOR OR RETAILER OR ANY OTHER PERSON OR ENTITY TO

ASSUME FOR ARTIZZA ANY OTHER OBLIGATION OR LIABILITY BEYOND THAT WHICH IS EXPRESSLY PROVIDED FOR IN THIS LIMITED WARRANTY. ANY STATEMENTS

REGARDING THE PRODUCTS THAT MAY HAVE BEEN MADE BY ARTIZZA’S EMPLOYEES OR REPRESENTATIVES SHALL NOT BE RELIED ON BY BUYER OR SUBSEQUENT

PURCHASER, AND ARE NOT PART OF ANY AGREEMENT.

 

HOW STATE LAW APPLIES: 

Some states do not allow limitations on how long an implied warranty lasts, so the above limitation may not apply to you. Also, some states do not allow the

exclusion or limitation of incidental, special or consequential damages, so the above limitation or exclusion may not apply to you. This warranty gives you specific

legal rights, and you may have other rights which vary from state to state.

 

CHANGE IN THE MOSAICS:

Artizza reserves the right to discontinue or modify its products, including the color thereof, without notice to the buyer and/or to the subsequent purchaser, and

Artizza shall not be liable to the buyer and/or the subsequent purchaser as a consequence of such discontinuance or modification.

 

17. INDEMNIFICATION: 

Artizza’s distributors and resellers shall always include the Artizza's Limited Warranty in writing or provide such warranty with the products sold or delivered by

them. Failure to comply with this Section for any sale and/or delivery to any person will constitute a breach of these terms and conditions and any breaching party

shall be liable to Artizza for any damage, loss, liability or expense, including without limitation attorney’s fees arising out of any warranty claim by such person

relating to the products.

 

18. INDEMNIFICATION BY BUYERS WHO DISTRIBUTE AND/OR RESELL THE PRODUCTS: 

In the event that buyer is a distributor and/or a reseller of the products, buyer shall defend, indemnify and hold harmless Artizza against and in respect of any and

all claim, loss, damage, liability, cost and expense, including reasonable attorneys' fees, suffered or incurred by Artizza by reason of or arising out of buyer’s failure

to provide the Artizza Limited Warranty in writing to any party in connection with the sale or other delivery of products to such party.

 

19. SEVER ABILITY: 

If any provision of these terms and conditions of sale shall, to any extent, be invalid or unenforceable, the remainder of these terms and conditions of sale shall

not be affected.

 

20. TERMS AND CONDITIONS OF SALE (“T&C”):

This order confirmation (“OC”) may be deemed revoked by Artizza and Artizza shall not be required to process this order, unless buyer signs and transmits the OC

by fax or email to Artizza and Artizza receives the signed OC within 24 hours of its transmission to buyer. Upon Artizza’s timely receipt of a signed and properly

delivered OC, this OC shall be irrevocable and governed solely by Artizza’s T&C attached to this OC, or previously signed by buyer, and by any additional T&C

provided by Artizza. Artizza’s T&C and additional T&C are deemed an integral part of this OC and are acknowledged and agreed to by buyer. No additional or

different provisions contained in buyer's purchase order or in other business forms and/or correspondence provided by buyer shall be of any force whatsoever.

 

21. DELIVERY DATE:

As of the “pickup date” indicated in the OC or as otherwise indicated in writing by Artizza, the products shall be ready for pickup by buyer or buyer’s authorized

agent at Artizza’s warehouse (unless the OC provides otherwise). Twenty four (24) hours prior to pickup from Artizza’s warehouse, buyer must confirm its shipping

instructions by calling Tel. +(877) 399-3371. The pickup address is; Artizza USA, LLC., 167 Payne Street, Studio 104, Dallas, Texas, 75207, USA. 

 

22. ACKNOWLEDGMENT:

Buyer acknowledges and agrees that Artizza’s products may be considered works of art, which may not be possible to reproduce exactly and, in some cases, may

be unique. In view of this, buyer further acknowledges and agrees that: (i) buyer is solely responsible for choosing the products, design(s) and color(s), providing

correct measurements in writing to Artizza and verifying the correctness of the OC; (ii) the colors of the tiles that comprise certain products may vary and,

therefore, the uniformity of the colors cannot be guaranteed; (iii) the images of the products in Artizza’s catalogues and the prototypes that Artizza may provide

are only illustrative and may not be susceptible of exact reproduction; and (iv) buyer has not relied on any statement made by Artizza’s employees or

representatives regarding the ordered products. 

 

END.

 


LIMITED WARRANTY


(U.S. MARKET ONLY)

 

ARTIZZA WARRANTY: Artizza (Artizza USA, LLC., for mosaics purchased from Artizza in the United States of America; Artizza Mexico, for mosaics purchased from

Artizza in Mexico ) warrants that its mosaic tiles, including mosaic decors, borders, etc. (“mosaics”) shall be free from defects in material and workmanship in

accordance with the following terms:

WARRANTY COVERAGE:. This limited warranty extends only to mosaics shipped to or sold in the United States to a purchaser of mosaics from Artizza or a Artizza

authorized distributor or retailer in the United States (“buyer”) and to those persons who, under applicable state law, are entitled to rely hereon as third party

beneciaries (the “subsequent purchaser”).

 

HOW LONG THE WARRANTY LASTS: COVERAGE UNDER THIS LIMITED WARRANTY LASTS FOR TWELVE (12) MONTHS FROM THE DATE OF PURCHASE. Artizza will, at

its option, either (i) replace defective mosaics free of charge, provided that the buyer or the subsequent purchaser pays the shipping, insurance and customs

duties, if applicable, or (ii) Artizza will pay to the buyer or the subsequent purchaser the replacement value of defective mosaics. In no case shall Artizza have to

pay an amount greater than the price paid to Artizza for the mosaics. In either case, the buyer and/or the subsequent purchaser must comply with the claims

procedure described below. Artizza will not be responsible for payment of any labor or material expenses to diagnose, adjust, service, remove, install or replace the

mosaics.

 

CLAIMS PROCEDURE: The buyer or subsequent purchaser must notify Artizza of defective mosaics in writing by registered or certied mail, return receipt

requested, within thirty (30) days after the discovery thereof, but no later than the warranty period, TIME BEING OF THE ESSENCE. The notice must include proof

of purchase, sent to the following address: For products purchased in the U.S.A., Artizza USA, LLC., 7500 N Macarthur BLVD, Irving, Texas, 75063-7510 (a copy of

the notice may also be sent by e-mail to info@Artizza.com). For products purchased in Mexico, mail to Artizza Mexico., AV Vallarta PTE. 6503, Col. Ciudad Granja,

Zapopan, Jalisco, 40510 Mexico, (a copy of the notice may also be sent by e-mail to info.mx@Artizza.com). Artizza may, at its discretion, require that the buyer or

the subsequent purchaser return any and all defective mosaics. However, no Mosaics shall be returned to Artizza without its prior written authorization.

 

LIMITATIONS: THIS WARRANTY SHALL NOT APPLY TO DEFECTS OR DAMAGE (LATENT OR OTHERWISE) OF THE MOSAICS CAUSED BY MISUSE, ABUSE, NEGLECT OR

IMPROPER HANDLING OR STORAGE; BY WEATHER VARIATIONS, TEMPERATURES, WATER OR CHEMICALS; BY HAIL, IMPACT OF FOREIGN OBJECTS, EARTHQUAKE,

HURRICANE, TORNADO, LIGHTNING, FLOOD, OTHER VIOLENT STORM OR CASUALTY, OR ACTS OF GOD; BY SETTLEMENT, MOVEMENT, DISTORTION, FAILURE OR

CRACKING OF THE SUPPORT STRUCTURE OR BASE; BY EXPOSURE TO HARMFUL CHEMICALS; OR BY DAMAGE OCCURRING DURING SHIPPING OR HANDLING BY THE

INSTALLER OR SUPPLIER; OR BY IMPROPER INSTALLATION.

 

It is the buyer and/or subsequent purchaser’s responsibility to consult a specialist or specialists in the specific type of installation(s) for which the buyer and/or

the subsequent purchaser wants to use the mosaics, for instructions and recommendations on procedures, tools and materials to be used in the installation of

the mosaics (including, but not limited to, selection and application of adhesives and grouting). Artizza assumes no responsibility for the installation of the

mosaics and any reference to installation methods, tools or products in Artizza’s printed materials, including Artizza's’ catalogues and website, are simply

indicative and do not and should not replace consultation of a specialist in the specific type of installation.

 

It is the buyer and/or the subsequent purchaser’s responsibility to consult a specialist in the buyer and/or subsequent purchaser’s area for any special installation

and maintenance instructions or recommendations which may be applicable due to weather conditions, temperatures, water or chemical conditions present in the

buyer and/or subsequent purchaser’s area. Artizza shall have no liability for changes in color, shade or hue of the mosaics caused by stains or contamination or

resulting from outside sources such as but not limited to moss, lichens, algae, mildew, fungus or other vegetation. Mosaics tiles can chip at the edges during the

manufacturing process, therefore, Artizza does not warrant nor shall Artizza replace chipped tiles.

 

Mosaics are artistic products which, for the most part, are hand crafted, therefore, samples must be considered merely indicative and mosaic tiles may chip at the

edges during the manufacturing process. Moreover natural materials as well as colored glass or enamel may vary in color, hue or shade. Therefore, Artizza does not

warrant nor shall Artizza replace mosaics or tiles, because of chipped tiles, variation in color, or hue or shade, or because a sample was not reproduced exactly.

 

SOLE AND EXCLUSIVE WARRANTY: THIS WARRANTY IS EXPRESSLY IN LIEU OF ALL OTHER WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING, TO THE EXTENT

ALLOWED BY LAW, ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND ANY OTHER OBLIGATION ON THE PART OF

ARTIZZA, INCLUDING WITHOUT LIMITATION ANY OBLIGATIONS WITH RESPECT TO INCIDENTAL, CONSEQUENTIAL AND SPECIAL DAMAGES. SICIS NEITHER ASSUMES

NOR AUTHORIZES ANY DISTRIBUTOR OR RETAILER OR ANY OTHER PERSON OR ENTITY TO ASSUME FOR IT ANY OTHER OBLIGATION OR LIABILITY BEYOND THAT

WHICH IS EXPRESSLY PROVIDED FOR IN THIS LIMITED WARRANTY. ANY STATEMENTS ABOUT THE MOSAICS THAT MAY HAVE BEEN MADE BY ARTIZZA'S

REPRESENTATIVES SHALL NOT BE RELIED ON BY BUYER, AND ARE NOT PART OF ANY AGREEMENT.

 

HOW STATE LAW APPLIES: Some states do not allow limitations on how long an implied warranty lasts, so the above limitation may not apply to you. Also, some

states do not allow the exclusion or limitation of incidental, special or consequential damages so the above limitation or exclusion may not apply to you. This

warranty gives you specic legal rights, and you may have other rights which vary from state to state.

 

CHANGE IN THE MOSAICS: Artizza reserves the right to discontinue or modify its mosaics, including the color thereof, without notice to the buyer and/or to

subsequent purchaser and Artizza shall not be liable to the buyer and/or subsequent purchaser as a consequence of such discontinuance or modication.

 

ENTIRE WARRANTY: This is the entire warranty between Artizza and buyer or subsequent purchaser, and supersedes all prior and contemporaneous agreements or

understandings, oral or written, relating to the mosaics, and no representation, promise or condition not contained in this limited warranty shall modify these

terms.

 

GOVERNING LAW: Jurisdiction; statute of limitation. Purchases from Artizza USA, LLC.,; This limited warranty, its application or interpretation shall be governed

exclusively by its terms and by the internal laws of the State of Texas, without giving effect to any its conict of laws provisions. Any dispute or difference arising

out of or relating to this limited warranty or its breach thereof shall be commenced exclusively in the courts of competent jurisdiction in the State of Texas,

County of Dallas.

 

PURCHASES FROM ARTIZZA USA, LLC:

This limited warranty, its application or interpretation shall be governed exclusively by its terms and by the internal laws of United States of America, without

giving effect to any of its conict of laws provisions. Any dispute or difference arising out of or relating to this limited warranty or its breach thereof shall be

commenced exclusively in the courts of competent jurisdiction in the City of Dallas, Texas, United States of America. ANY ACTION OR LAWSUIT FOR BREACH OF

WARRANTY MUST BE COMMENCED WITHIN TWELVE (12) MONTHS FOLLOWING PURCHASE OF THE MOSAICS.

 
END.