Warranty

 

One-Year Limited Warranty

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Limited Warranty

Ceramica warrants to its immediate and direct Purchaser, and no other person, that MANUFACTURED FIRST CHOICE QUALITY products will be free from defect for a period of one-year from date of purchase. This warranty only applies to installations made by duly and properly licensed and active tile contractors. Defect is defined as a shortfall in the product to perform to specifications as disclosed in product literature, within industry allowable tolerances as set forth by the Tile Council of North America (TCNA), the American National Standard Institute (ANSI), and the Marble Institute of America. This warranty is the sole warranty provided by Ceramica to its direct Purchasers and replaces any statutory warranties to the maximum extent allowable by law. It is the direct Purchaser’s responsibility to inspect all product prior to installation. Visual defects or nonconformities reasonably apparent, that direct Purchaser knows of or should know of, prior to installation void this warranty as installation is deemed acceptance of product.

This warranty covers only the following:

  1. Immediate and direct Purchaser from Ceramica, as evidenced by an invoice.

  2. Immediate and direct purchases of FIRST QUALITY products paid for in full, as evidenced by an invoice.

  3. Performance of the product only and not installation of product.

  4. Products installed by duly and properly licensed and active tile contractors.

Exclusions from Warranty

Certain factors are beyond our control, including installation of our products by others, building structural design or construction conditions, and environmental conditions. This warranty excludes any problems or occurrences caused or arising from the following, but not limited to:

  1. Improper installation, installation defects or errors, fabrication defects or errors, or improper transportation and handling of the products;

  2. Improper outdoor use of product;

  3. Improper commercial use of the product;

  4. Installation by an unlicensed, inactive, or improperly licensed tile contractor;

  5. Installation of any incorrectly sized, colored, shaded, calibrated, matched, or packaged product;

  6. Customer or contractor improper use or maintenance of the product including negligence, physical, or chemical abuse;

  7. Ordinary wear and tear;

  8. Normal variations between field tile and trim tile;

  9. Normal design, shade, or color variation from samples, website, or other illustrations;

  10. Grout-related problems, including but not limited to, shade variation, discoloration, deterioration, staining, hazing, or mildew;

  11. Any act or omission which might be reasonably expected to damage the product, including but not limited to, exposure to extreme temperature, wet-dry cycles, heat or fire, and appliances or furniture that would scratch the product;

  12. Any Commercial or Second quality products, or any products not classified as First Quality;

  13. Any natural stone products;

  14. Any labor charges for the removal of product or installation of replacement product.

Procedure for Making a Claim

  1. The immediate and direct Purchaser must provide Ceramica notice of any warranty claim within thirty (30) days of alleged defect discovery for warranty to potentially apply. The immediate and direct Purchaser’s failure to file a claim within the warranty period shall be deemed to act as a waiver and time bar for any and all warranty-related claims against Ceramica.

  2. Written notice must be sent by email to warranty@CeramicabyRaphaelStone.com with proof of purchase by means of invoice, photographs of the product, and photographs of the labeled boxes the product was received in. Failure to provide such documentation may result in denial of any warranty claim.

  3. If the product has already been installed, the direct Purchaser must provide jobsite access to a Ceramica representative and/or industry expert to complete a Job Inspection Report and photograph the installation. Purchaser must provide Ceramica the contractor’s name, license number, and contact information.

What Will Ceramica Do?

  1. Ceramica or an authorized representative may schedule a jobsite visit to inspect and/or test the product, photograph the installation, and complete a report. Ceramica reserves the right to inspect any and all alleged defects prior to any repair, remediation, or settlement of any defect. All original packaging materials must be kept until after inspection. In the event the Purchaser fails to timely notify Ceramica, or fails to allow Ceramica the right of inspection, discussion or decision making in advance of repair, remediation or settlement of any defect, this warranty will be rendered void in its entirety.

  2. Our Product Warranty Department will evaluate information collected for every claim.

  3. Upon making a determination of the claim, Ceramica will notify the Purchaser in writing. Ceramica reserves the right to repair or replace the originally purchased product or refund the purchase price.

Limitation of Liability

If a defect in materials is discovered within the one-year period and a remedy is not available, the liability of Ceramica under any theory of liability, whether contract, tort, strict liability, or otherwise, shall be solely and exclusively limited to the replacement of defective goods F.O.B. Ceramica facility or, at Ceramica option, refund of the purchase price of such defective goods. IN NO EVENT SHALL CERAMICA LIABILITY UNDER ANY CLAIM MADE BY PURCHASER EXCEED THE PURCHASE PRICE OF THE PRODUCTS IN RESPECT OF WHICH DAMAGES ARE CLAIMED. Ceramica disclaims all express warranties not contained in this warranty. No agent, employee, or representative of Ceramica or any installer, dealer, agent, builder, designer, or manufacturer has any authority to alter or modify the obligations or limitations of this warranty. Any representations made in connection with the sale of this product that differs from the terms of this warranty are not valid and should be brought to the attention of Ceramica immediately (1-800-xxx-xxxx)

IN NO EVENT SHALL CERAMICA BE LIABLE FOR ANY SPECIAL, CONSEQUENTIAL, INDIRECT, LOSS OF USE, OR OTHER DAMAGES BY REASON OF ANY BREACH OF WARRANTY, IMPROPER INSTALLATION, MAINTENANCE, OR USE OF THE PRODUCT OR ANY DELAY OR FAILURE IN DELIVERY, WHETHER OR NOT CERAMICA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Disclaimer

Tile is subject to variation in technical specifications, including COF,due to inherent variability in the raw materials and production process. Express technical specifications are not guarantees of minimum or maximum thresholds of performance. Unless specifically stated otherwise, tile recommended for floor or wall applications refers to interior applications only. Ceramica does not recommend its products for use on ceilings or roofs. Local building codes may dictate minimum tile performance specifications. Ceramica does not warrant product installations that violate building codes. Photographic color images may not be an exact product match. Buyer is to verify color, shade, caliber and texture with current and available stock on hand prior to purchase or installation. Installation constitutes acceptance.

Polished porcelain tile and glazed polished porcelain tile must be sealed prior to grouting and the grout color must match the predominant color of the tile.

Natural stone products are quarried from natural formations, rather than made at a factory. No two pieces are alike and there are inherent variances in all stone. Because these products are not subject to a manufacturing process, quality warranties are limited to the specified representations in product literature and guidelines established by the Marble Institute of America. Ceramica does not warrant natural stone products for shade, size, thickness, warping, cleft variations, veining, surface finish variations, or other natural variations.

Implied Warranties Limited in Duration

Any implied warranty applicable to the product sale, including the implied warranty of merchantability or the implied warranty of fitness for a particular purpose is limited in duration to the duration of this written warranty or the maximum statutory period, whichever is less. Some states do not allow limitations on implied warranty duration, so the above limitation may not apply to you. The Federal Magnuson-Moss Warranty Act limits disclaimers of implied warranties involving consumer products.To the maximum extent allowable by federal and state law, this warranty supplements or supersedes federal and state consumer goods warranty protections.

Implied Warranty of Fitness for a Particular Purpose

Ceramica may provide information in its product literature with regard to appropriate tile and stone applications. In these specified applications, Ceramica limits the duration of the implied warranty of fitness for a particular purpose to one-year or the maximum statutory period prescribed by law which ever is less. Failure to comply with recommended applications voids this warranty.

California Legal Notice

Tile and installation products contain chemicals known to the state of California to cause cancer, birth defects, reproductive harm, respiratory harm or other health problems. For more product-specific information on chemical content, contact Ceramica at 800-xxx-xxxx