THE THOMAS BRICK COMPANY TERMS AND CONDITIONS OF SALE

Last updated: April 5th, 2023

Terms: COD Accounts – 50% deposit, balance due upon pick-up of material. Net 30 Accounts – First order requires a 50% deposit and then balance due 30 days from invoice date. Subsequent orders will be Net 30 from invoice date. **Note: A 50% deposit may still be required if required by the manufacturer. Purchaser agrees to pay a finance charge of 1.5% per month, which is an annual rate of 18% on all outstanding past due invoices.

1. Due to our material being special order, NO cancellations in whole or part can be accepted once the order is placed.
2. Acceptance of this order is subject to approval by The Thomas Brick Company’s credit department. The terms and conditions are a part of this agreement between both parties and no additional or different terms contained in any document submitted by buyer are part of this agreement. If any document submitted by buyer, including buyer’s purchase order expressly limits acceptance thereof to the terms of the document or purchase order, or contains an objection to any terms additional to or different from those contained in buyer’s document or purchase order, neither this agreement nor shipment of goods hereunder shall be deemed an accommodation to the buyer.
3. No material may be returned for credit.
4. All units will conform to industry standard or ASTM standard specifications. Any special material requirements must be submitted in writing and acknowledged in writing by The Thomas Brick Company. The Thomas Brick Company does not review plans and / or specifications.
5. The Thomas Brick Company is not responsible nor liable for any loss or damages resulting from delays caused by war, strikes, labor disputes, shortages (including but not limited to raw material shortages and energy shortages), shipping delays, accidents, fires, floods, breakdowns, or failure of machinery, truck or railroad delays, manufacturing difficulties, governmental regulations or other causes beyond its control. Buyer Acknowledges that The Thomas Brick Company is not liable for delays or non-deliveries caused by acts of nature or any reason beyond the unreasonable control of The Thomas Brick Company.
6. Any State, Federal or Local Taxes in effect at the time of shipment will be the responsibility of the purchaser.
7. If any materials sold hereunder are defective or fail to meet specifications set forth hereon, The Thomas Brick Company, after checking cause, may if it so elects, replace such materials or refund the purchase price applicable thereto, or issue a credit therefore, refund or credit. The Thomas Brick Company and/or manufacturer shall have the right to inspect any such material or otherwise satisfy itself as to any such claim.
8. Back charges: No back charges of any nature will be accepted without prior authorization in writing from The Thomas Brick Company. No Claims and/or back charges will be allowed for sorting and/or handling of damaged and/or defective material unless The Thomas Brick Company has approved the charge after verifying that such material is not acceptable, and in no event shall a claim be recognized if material has been improperly handled. Under no circumstances related to any and all claims will Thomas Brick Company’s responsibilities exceed the cost of the material to our customers
9. It is the policy of this company to stop shipments of material and/or record liens on past due accounts.
10. Accounts requiring additional collection effort will be responsible for all cost of collection.

ADDITIONAL CONDITIONS OF SALE – TILE/STONE/GROUT

1. Due to our tile being special order, NO cancellations in whole or part can be accepted once the order is placed.
2. The Thomas Brick Company is NOT responsible for material take-offs. It is the purchaser’s responsibility to ensure all ordered quantities are accurate. We recommend ordering 20% extra which is industry standard. For tiles 18" x 36 & larger, a minimum of 30% overage is recommended. Thomas Brick recommends ordering additional material with your order, as add on orders at a later date may not match or product might not be available any longer. Upon pick up ensure all quantities are present. No allowance for quantity discrepancies or damage will be made after 48 hours from the date of delivery or pick-up.
3. The beauty of our tile and stone is in its unique appearance. All tile is sold subject to variations in shade and size, from tile to tile, shipment to shipment, and from samples.
4. INSPECT PRIOR TO INSTALLATION – it is the responsibility of the purchaser, tile installer, and consumer to inspect the material for acceptability PRIOR to installation. Please remember that in the tile and stone industry, USE CONSTITUTES ACCEPTANCE.
5. Our products (i.e., glass tile) require special attention when installing. Ensure proper setting materials/grout/sealers cutting techniques/cleaners are used. Please contact your Sales Associate for assistance.
6. No material may be returned for credit. This inclused all bagged goods. (grout, thinset, etc)
7. No guarantee is made against crazing. Crazing is an inherent characteristic in some fired glazed tile. We do not recommend the use of contrasting colored grouts as the darker pigments in the grouts can fill the craze line making the crazing visible, especially on the white and light-colored tiles.
8. All material held over 60 days will be subject to a storage service charge of 1.5% of the order value per month.

ADDITIONAL CONDITIONS OF SALE – BRICK/STONE/CMU/ARCHITECTURAL BUILDING PRODUCTS/CLADDING

1. This is a Special Order. Once manufacturing has begun, cancellation in whole or part cannot be accepted. A field panel must be approved for color PRIOR to manufacturing. Silence is considered acceptance. All field panels should be cleaned per the manufacturer's recommendation.
2. The Thomas Brick Company does not review plans or specifications. All face brick will be cored/manufactured to ASTM C-216 or C-652 at the manufacturer’s discretion. Any special material requirements must be submitted in writing and acknowledged in writing by The Thomas Brick Company.
3. No claims relating to size, color, texture, warpage, or chippage will be considered after material is laid in place. Use constitutes acceptance.
4. All prices quoted are based on full truckload and/or full pallet quantities. A stop-over charge and/or pallet split charge will be applied to all less-than-full truckloads and/or pallets. A “Dead freight” charge may apply.
5. In particular, but without limitation, seller makes no warranties regarding the absence of efflorescence and discoloration after the brick, block or mortar have been installed and the seller shall not be liable for any damages resulting from such conditions.
6. For add on orders (especially concrete units) a color match cannot be guaranteed. Manufacturers recommend a minimum of 5% waste factor be used when ordering material.
7. Quantities of less than 1,000 pieces are subject to a set-up charge of $750