Terms & Conditions

Delivery:

Cancellations and Returns:

Limited Warranty:

As and for Clay Squared’s sole warranty, Clay Squared promises to replace any tile that proves to be defective in workmanship or material under normal use for a period of 1 year from the date of sale.  Furnishing replacement tiles shall constitute fulfillment of Clay Squared’s obligations with respect to this warranty.  Clay Squared makes no other warranty, including any implied warranty of merchantability or fitness for a particular purpose, either express or implied in law.  Variations in color, tone or shade, texture, veining and/or crazing are inherent characteristics of tile and are not defects, but instead a product of firing tile in a kiln and are not considered defects. Samples provided will be approximate representations of each tile but could vary slightly from the tile you receive.

Limitation of Liability:

If Clay Squared should be found liable for any loss or damage due from any cause, other than Clay Squared’s intentional, willful, or wanton acts, Clay Squared’s liability shall be limited to the amount you have paid for the product.  Installation constitutes acceptance of the product.  In no event shall Clay Squared or its owners, members, partners, employees, contractors, suppliers, consultants, representatives, joint ventures, affiliates, or their successors and assigns be liable for any indirect, incidental, consequential, special, exemplary, or punitive damages, or for any past or prospective damages due to delay, loss of enjoyment, business interruption, business disruption, lost profits, impaired goodwill, loss of contractual relationships or prospective business opportunities, or intangible losses of any kind.  Among other things, Clay Squared is not liable for any direct or indirect costs associated with the repair or replacement of the tile purchased from Clay Squared, including the costs of removal, installation or reinstallation.

Governing Law and Venue:

These Terms & Conditions and all orders from Seller shall be governed under the laws of the State of Minnesota.  All disputes shall be heard exclusively in the courts of Minnesota and you consent to personal jurisdiction in such courts.

Interest, Costs, and Attorney’s Fees:

Clay Squared may charge you a late payment charge of twelve percent (12%) per year (or the maximum allowable rate, if lower) for all late payments.  In the event of any legal proceeding arising from orders from Clay Squared, you must pay all of Clay Squared’s reasonable attorney's fees, costs, and other expenses (including those on appeal) if Clay Squared prevails in such proceeding.

Entire Agreement:

These Terms & Conditions represent the full and final agreement of the parties with respect to its subject matter and there are no other agreements.