Product Disclaimer; Limitation of Liability

PRODUCT DISCLAIMER; LIMITATION OF LIABILITY

Product:

Natural stone such as marble, limestone, travertine, onyx, granite are products of nature; and no two pieces of stone are exactly alike. Every piece of stone has unique natural variations, markings, shadings, and inclusions which can include fissures, pits, open or dry seams, fossils or glass veins, and differ in regard to moisture absorption, surface finish, texture and coefficient of friction. These are not defects but rather inherent characteristics of natural stone products, which may require periodic maintenance. All stone tiles and products should be sealed with a penetrating sealer prior to grouting to prevent the grout from staining the stone. It is further recommended that these stones be resealed as part of normal maintenance procedures.

Altura makes no expressed or implied warranty, for any particular use. Customer is responsible for determining slip resistance suitability and maintainability. These products inherently lack uniformity and are subject to variation in aesthetics, color, shade, size, finish, tint, hardness, strength, resistance, density, etc. All tile measurements are nominal.

Some products may be characterized by dry seams, pits, and fossils. In polished and honed stones, these pits are often filled during the manufacturing process or at the time of installation. These fills can occasionally pop out from normal wear and use. In these instances, it may be necessary to refill these voids as part of a normal maintenance procedure. Any samples submitted are with the understanding that these qualities are inherent in the nature of the product and are not to be considered latent defects. Altura disclaims any liabilities after installation. 

Natural stones can be cleaned using warm water and a cloth. For deeper cleaning a mild detergent can be used. Do not use abrasive sponges or cleaning agents with strong chemicals as this may harm natural stone.

We recommend that each order include a minimum of 10% overage on any tile product. For tiles 24” x 48” and larger, a minimum of 20% overage is recommended. All stone will vary from samples, and from piece to piece. 

Description:

Product categories and classifications such as marble, limestone, travertine, onyx, granite are based on generally accepted industry acceptance. They do not necessarily reflect the geological composition of the material. In many cases, these materials are technically made of a different geological makeup. For example, many stones are commonly known as granites, but geologically, they are actually Charnockites, Polimitic Mataconglomerates, and any of other various different geological stones. In addition, many stones commonly referred to as marble are geologically limestone. Products shown on the Site reflect the industry classification of products and do not necessarily reflect the geological composition. Altura makes no guarantee or representation of the geological composition of any stone. In addition, the category reflected on the Site, should not necessarily be used for customs classification. If the geological composition is of importance, we suggest getting the product tested by a scientific laboratory.

Installation:

Natural stone requires blending, as they naturally vary from piece to piece and across different segments of your order. It is the responsibility of the installer to remove materials from packaging and dry lay out all materials to obtain Customer’s approval of the blend before any tile is installed. This procedure is common practice in the installation of tile and stone, and helps ensure the beauty of the finished installation. Altura wants our customers to be delighted with their finished rooms. Performance of a blended dry layout of your product is a critical step in ensuring optimal results. Some natural stone products may have epoxy coating on the back surface, which can require epoxy or modified thinset for proper installation. 

Altura strongly recommends that you discuss these blending and dry layout guidelines with your contractor and installer prior to installation.

When a natural stone product is installed on a concrete slab at ground level, it is the responsibility of Customer and Customer’s installer to ensure that the slab is dry and fully cured and that a proper vapor moisture barrier is in place between the concrete slab and the stone product prior to installation. All shower floor substrates and twelve inches up the adjacent perimeter walls must have a waterproof membrane on the top surface of the fully cured mortar bed prior to tiling.

Sample:

Samples requested and sent to customers are sent in effort to assist customers in product order selection. Samples received are not to be considered an exact representation of products and only used as a general idea of product appearance. Altura assumes no responsibility for any errors or perceived misrepresentations resulting from mislabeled or inconsistent product samples. Please be advised that images and products depicted on the Site are not meant to be exact representations of product appearance, and may vary significantly depending on your chosen viewing device. 

DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

ALTURA DOES NOT WARRANTY ANY PRODUCT FOR ANY SPECIFIC USE OR INSTALLATION PROCEDURE OR MAINTENANCE PRACTICE. UPON PURCHASING OR INSTALLING OR USING ANY PRODUCT, BUYER WAIVES ALL CLAIMS RELATING TO THE PRODUCT, INCLUDING (BUT NOT LIMITED TO) ALL CLAIMS RELATING TO EXPRESS WARRANTIES AND/OR STATUTORY OR IMPLIED WARRANTIES, INCLUDING THE IMPLIED WARRANTY OF MERCHANTABILITY AND ALL IMPLIED WARRANTIES OF FITNESS AND WARRANTIES AGAINST HIDDEN OR LATENT DEFECTS. ALTURA DISCLAIMS ALL SUCH WARRANTIES. ALL PURCHASES ARE “AS IS,” “AS AVAILABLE” AND “WITH ALL FAULTS”. ALTURA SHALL NOT BE LIABLE FOR ANY SPECIAL OR CONSEQUENTIAL DAMAGES ARISING FROM THE OWNERSHIP, USE, POSSESSION OR MAINTENANCE OF ANY PRODUCT BY ANY PERSON OR OTHERWISE. 

ALTURA’S MAXIMUM LIABILITY PURSUANT TO THESE TERMS AND CONDITIONS OF SALE SHALL BE LIMITED TO AND SHALL NOT EXCEED THE CONTRACT PRICE FOR THE GOODS AND MATERIALS PAID FOR AND RECEIVED BY THE CUSTOMER. TERMS AND CONDITIONS OF SALE INCLUDED HEREIN SHALL SUPERSEDE ANY TERMS PROVIDED BY CUSTOMER VIA PURCHASE ORDER OR OTHER TYPE OF AGREEMENT.



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