All prices are FOB our warehouse in Northern Kentucky, zip code 41018, unless otherwise quoted in writing. New accounts and those not sold on a monthly basis must be paid prior to shipping from our warehouse. Full container orders may require a letter of credit. We will provide the draft of an "L/C" upon request.

Returns

Written authorization is required. All returns are subject to a 20% restocking charge. Returns are limited to regularly stocked colors and sizes. Returns must be shipped pre-paid. Returned tiles sent freight collect, will be not be accepted. Tiles must be in original cartons and unopened. Damaged items will not be accepted. Special Order items cannot be returned.

Force Majeure

Seller will not be liable for any failure or delay in the performance of orders or contracts, or in the delivery or shipment of goods, or for any damages suffered by Buyer by reason of such failure or delay, if such failure or delay is, directly or indirectly, caused by, or in any manner arises from, fires, floods, accidents, civil unrest, acts of god, war, governmental interference or embargoes, strikes, labor difficulties, shortage of labor, fuel, power, materials, or supplies, transportation delays, or any other cause or causes (whether or not similar in nature to any of these hereinbefore specified) beyond its control.

Disclaimer of Warranties

There are no warranties which extend beyond the terms of this Agreement. SELLER MAKES NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES AS TO MERCHANTABILITY OR AS TO THE FITNESS OF THE MERCHANDISE FOR ANY PARTICULAR USE OR PURPOSE.

Claims

Claims for defective merchandise, shortages, delays, or failures in shipment or delivery, or for any other cause, shall be deemed waived and released by Buyer, unless made in writing within ten days after arrival of the merchandise.

Title and Risk

Despite any provisions concerning freight or price, title and risk of loss or damage shall pass to the Buyer upon delivery of material to a common carrier/freight company at our warehouse. We reserve the right to route shipments and may assist customers in processing freight claims, without incurring liability for damages.

Limitation of Damages

No cause of action by Buyer shall include a claim, nor may recovery be had against Seller, for any punitive, incidental or consequential damages, including but not limited to, damages to property, or for loss of use, loss of time, loss of profits or income. Labor costs are expressly excluded.

Time for Bringing Action

Any action for the breach of this Agreement must be commenced within two years after the cause of action has accrued.

Applicable Law

This Agreement shall be construed to be between merchants and governed by the laws of the Commonwealth of Kentucky.

Jurisdiction and Venue

Seller and Buyer agree that any legal or equitable action for claims by Buyer arising out of the terms of this Agreement shall be brought by Buyer in the United States District Court for the Eastern District of Kentucky, at Covington, or in the Circuit Court of Boone County, Kentucky.

Indemnification

Buyer shall hold Seller harmless and indemnify Seller against any and all debts, obligations, costs and damages, including attorney's fees, arising from any claims or causes of action, whether in law or equity or sounding in contract, tort or otherwise, which may be asserted against Seller by any person or entity not a party to this Agreement, resulting from the subsequent sale by Buyer (including its agents and affiliates), provided, however, that this indemnity and hold harmless provision shall not apply to Seller's own acts of negligence or willful misconduct.

Rover Stone Color & Design and/or Rover North America are not responsible for shade variations. Rover products are 95% marble and subject to the inherent variations found in natural stone products. The colors shown in our catalog are photographic reproductions and represent the general color of our tiles/slabs and should be considered as purely indicative of current production. Sample chips and tiles are cut from standard factory production.

No claims are accepted after tiles/materials have been installed.

Rover North America cannot be held responsible for costs/damages greater than the value of the items purchased, including, but not limited to: installation, labor, freight, setting materials or other related costs.