Warranty Information

Prices do not include state, local, federal or other taxes and duties, and the same will be additionally charged unless a valid tax exemption or re-
sale certicate is furnished to Emser prior to shipping. State and local taxes, when charged, are assessed based on those rates in effect at the
Emser location selling or servicing the Buyer. All state, local, federal or other taxes and duties are the responsibility of the Buyer. Emser’s failure
to assess or collect adequate taxes at the time of sale does not relieve Buyer of the responsibility for actual tax liabilities.
All Emser tiles are nominal sizes. Sizes and prices include recommended joint allowances and joints shall not be deducted when estimating
quantities.
Special order or Non-Stock Product (products not included in our current price list) orders require a 50% deposit. Buyer agrees that special order
or Non-Stock Product orders are non-cancelable.
Credit
All orders, shipments and deliveries by Emser are subject to credit approval by Emser’s Credit Department. As part of this credit approval,
Emser may at any time decline to make any shipments or deliveries, and/or impose other terms or conditions or security arrangements as
Emser, in its sole discretion, deems appropriate. Emser reserves and Buyer hereby grants Emser a security interest in any products sold to the
extent of the invoiced amount. If Buyer defaults under any obligation hereunder, Buyer agrees to make products available so that Emser can
repossess them. A copy of the invoice may be led with appropriate authorities at any time as a nancing statement. Upon Emser’s request,
Buyer will execute any documents to perfect Emser’s security interest in any products.
Emser reserves the right in its sole discretion to require prepayment from any Buyer at any time and may refuse to sell and/or withhold further
shipment until all overdue balances are made current.
Buyer shall be liable for, and shall reimburse Emser for all costs and expenses it may incur in connection with collection of any amounts owed or
in enforcement of its rights, including without limitation, reasonable attorneys’ fees and expenses, court costs, and cost of collection agencies.
Payment
Buyer’s obligation to pay outstanding invoices and all other amounts is not subject to reduction, set-off, counterclaim, or Buyer’s receipt of
payment from any third party. Buyer shall pay Emser on a timely basis pursuant to the credit terms provided and shown on Emser’s invoice.
Emser shall retain a purchase money security interest in all products sold until the entire purchase price has been paid in cash, in full. No check,
money order, credit card, electronic payment or other form of payment shall constitute payment until it is paid by the bank on which it is drawn or
by the institution of issue transmission.
Emser, in its sole discretion, reserves the right to specify the form of payment acceptable for settlement of invoices and other amounts (i.e.
check, certied check, money order, credit card, wire transfer, ACH, or other electronic or non-electronic form or payment). Additionally, should
the acceptance of any form of payment cause Emser to incur additional costs and fees, Buyer agrees to reimburse Emser for any such fees
upon Emser’s request.
Any disputed amounts should be reported immediately and remitted with the undisputed amount by the payment due date. All billing disputes
must be made within thirty (30) days of the applicable invoice date, or will be deemed to be waived. Balances remaining unpaid at the due date
are subject, at the sole discretion of Emser, to the assessment of late fees applied at the rate of 1.5% per month, or the highest rate permitted by
law, whichever is lower, until paid.
Title and Delivery
All shipments by Emser are F.O.B. Emser’s facility, or, if applicable, the facility of an Emser afliate or agent. Title and risk of loss or damage
to products passes to Buyer upon delivery to Buyer, or a common carrier, at Emser’s facility, or, if applicable, the facility of an Emser afliate or
agent.
Buyer acknowledges and agrees that delivery dates, when quoted, are estimates only and may be changed. Emser will use reasonable efforts
to deliver in accordance with quoted delivery dates. However, Emser shall not be liable for nonperformance or delays caused by a shortage of
raw materials, manufacturing problems, delivery or labor problems, priorities, acts of regulatory agencies or judicial bodies, discontinuation of a
product line, acts of God or third parties, infringement claims, or other causes beyond its reasonable control.
2
8431 Santa Monica Boulevard
Los Angeles, California 90069
Phone: [phone]
Fax: [phone]
E-mail: [e-mail]
www.emser.com