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Tile Purchase Agreement

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TILE PURCHASE AGREEMENT

This Tile Purchase Agreement (the "Agreement") is entered into on by and between Seller: , with principal place of business at , and Buyer: , with address at .

RECITALS

WHEREAS, Seller is in the business of manufacturing and selling ceramic, porcelain, natural stone and related tile products and accessories (collectively, the "Goods"); and

WHEREAS, Buyer desires to purchase, and Seller desires to sell, certain quantities and types of Goods described in the Order Details below under the terms and conditions set forth in this Agreement; and

WHEREAS, the parties intend that this Agreement set forth the full agreement regarding the sale and purchase of the Goods and related obligations.

NOW, THEREFORE, in consideration of the mutual covenants and agreements contained herein, the parties agree as follows:

1. DEFINITIONS

For purposes of this Agreement, the following terms shall have the meanings set forth below: "Goods" means the tile products and accessories described in Section 2 and the Order Details; "Purchase Price" means the aggregate price payable by Buyer under Section 3; "Delivery Date" means the date or dates on which Seller is to tender delivery of the Goods as specified in Section 4.

2. SALE OF GOODS; ORDER DETAILS

Seller shall sell and deliver to Buyer, and Buyer shall purchase and accept delivery of, the Goods described in the Order Details below in accordance with the quantities, unit prices and schedules set forth.

Itemized Schedule: Complete quantities and pricing for up to three product lines below. Parties may attach additional sheets signed by both parties to expand the schedule.

3. PURCHASE PRICE AND PAYMENT

The Purchase Price for the Goods shall be the aggregate of the item totals set forth in Section 2, plus any applicable taxes, shipping and handling. Buyer shall pay a deposit in the amount of upon execution of this Agreement, with the balance due prior to shipment unless otherwise agreed in writing. Unless otherwise agreed in writing, accepted payment methods are wire transfer, certified check, or other cleared funds. Overdue amounts shall accrue interest at the rate of from the due date until paid.

4. DELIVERY; TITLE AND RISK OF LOSS

Delivery shall be made to the delivery address specified below. Seller shall use commercially reasonable efforts to meet the agreed Delivery Date; any dates are estimates only and time is not of the essence unless expressly stated in a written amendment signed by both parties. Title and risk of loss shall pass to Buyer upon Seller's tender of the Goods to the carrier at Seller's shipping point unless otherwise agreed in writing.

Shipping costs shall be borne by . If Buyer requests special handling, routing, delivery times or other services, Buyer shall be responsible for any additional charges.

5. INSPECTION AND ACCEPTANCE

Buyer shall inspect the Goods within five (5) business days of receipt. Nonconforming Goods must be reported in writing within such inspection period. If Buyer fails to give timely notice, the Goods shall be deemed accepted. For any valid rejection, Seller shall, at its election, repair, replace, or credit Buyer for the portion of the Purchase Price applicable to the nonconforming Goods.

6. WARRANTIES

Seller warrants that, for a period of from delivery, the Goods will materially conform to the specifications set forth in Section 2 and will be free from defects in material and workmanship. This warranty does not apply to defects resulting from improper handling, storage, installation, modification, abuse, or ordinary wear and tear. THE FOREGOING WARRANTY IS EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, EXCEPT TO THE EXTENT THAT ANY IMPLIED WARRANTY CANNOT BE DISCLAIMED UNDER APPLICABLE LAW.

7. LIMITATION OF LIABILITY

IN NO EVENT SHALL EITHER PARTY BE LIABLE FOR CONSEQUENTIAL, INCIDENTAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. EXCEPT FOR LIABILITY ARISING FROM GROSS NEGLIGENCE OR WILLFUL MISCONDUCT, EACH PARTY'S AGGREGATE LIABILITY UNDER THIS AGREEMENT SHALL BE LIMITED TO THE AMOUNTS PAID OR PAYABLE BY BUYER FOR THE SPECIFIC GOODS GIVING RISE TO THE CLAIM DURING THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

8. TAXES AND DUTIES

All sales, use, and other taxes, duties, tariffs and similar charges imposed by governmental authorities in connection with the sale, shipment or use of the Goods shall be paid by Buyer, except for taxes based on Seller's net income.

9. INDEMNIFICATION

Each party shall indemnify, defend and hold harmless the other party, its officers, directors and employees from and against any and all liability, loss, damage, cost and expense (including reasonable attorneys' fees) arising out of third-party claims to the extent caused by the indemnifying party's negligence, willful misconduct, or breach of this Agreement.

10. DEFAULT; REMEDIES

If Buyer fails to pay any amount when due, or if either party breaches any material obligation and fails to cure within thirty (30) days after written notice, the non-breaching party may pursue all remedies available at law or in equity, including specific performance, recovery of damages, and termination of this Agreement. Remedies are cumulative and the exercise of one remedy shall not preclude the exercise of others.

11. NOTICES

All notices, requests, consents and other communications required or permitted under this Agreement shall be in writing and shall be delivered to the addresses set forth below or to such other address as either party designates by written notice to the other.

12. AMENDMENTS; WAIVER; COUNTERPARTS

This Agreement may not be amended or modified except by a writing signed by both parties. No waiver of any provision shall be effective unless in writing and signed by the waiving party. This Agreement may be executed in counterparts, each of which shall be deemed an original and all of which together shall constitute one instrument.

13. GOVERNING LAW; ENTIRE AGREEMENT; SEVERABILITY

This Agreement shall be governed by and construed in accordance with the laws chosen by the parties: Governing State: . This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior and contemporaneous agreements and understandings. If any provision of this Agreement is held invalid or unenforceable, such provision shall be modified to the minimum extent necessary to make it enforceable, and the remaining provisions shall continue in full force and effect.

14. MISCELLANEOUS

Parties acknowledge that Seller may source Goods from third-party manufacturers. Buyer shall not make any public statement that disparages Seller or the Goods. Any attachments or addenda signed by both parties are incorporated into this Agreement.

IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date first written above.

Seller:

By:

Date:

Buyer:

By:

Date:

Enter text✕

What a Tile Purchase Agreement Covers

A Tile Purchase Agreement is a written contract that sets the terms for buying and selling tile products, including material specifications, quantities, pricing, delivery, inspection, payment, and warranty terms. It clarifies responsibilities for shipping, installation coordination, returns, and damage claims, and can allocate risk for defective or short shipments. For commercial or residential construction projects, the agreement may include lead times, batch matching requirements, and acceptance testing. When executed properly it provides a clear record of obligations for both buyer and seller and supports enforcement or claims resolution if disputes arise.

Why a Clear Agreement Matters

This agreement reduces ambiguity on product specs, delivery, pricing, and remedies, lowering dispute risk and facilitating project scheduling. Using a written Tile Purchase Agreement helps preserve warranty claims, supports resale or insurance recovery, and establishes clear terms for payments and returns.

Why a Clear Agreement Matters

Who Typically Prepares and Signs These Agreements

Typical users include contractors, tile suppliers, retailers, installers, and property owners who need clear written terms for tile transactions.

  • General contractors managing material procurement and subcontractor installation on construction projects.
  • Independent tile retailers and distributors supplying small businesses and DIY customers.
  • Homeowners purchasing tile directly for remodeling or replacement projects in single transactions.

Each party should ensure business names, contact information, and authorized signers are accurate before execution to avoid later disputes.

Essential Sections to Include

Core sections of a Tile Purchase Agreement explain goods, pricing, delivery, inspection, payment and remedies; these elements define performance expectations and legal remedies.

Parties

Identify buyer and seller using full legal entity names, mailing and email addresses, business type, and authorized signer details; include Tax ID or reseller permit when required for tax or billing purposes.

Goods

Describe tile products by SKU, material, color, size, finish, batch or lot numbers, and required tolerances; note whether matching tiles from the same production run are required for large installations.

Quantity

State exact quantities, unit measurements, acceptable over/underage tolerances, shipment increments, and procedures for short or over delivery claims including time limits for notice and documentation.

Price

Specify unit price, extended total, taxes, shipping and handling charges, payment schedule, late payment interest rate, deposit amount, and whether price includes installation or accessory materials.

Delivery

Include delivery method, carrier responsibility, Incoterms or equivalent delivery terms, expected lead time, staging and onsite access requirements, inspection window on receipt, and remedies for late delivery.

Warranties

Detail manufacturer and seller warranties, warranty period, procedures for filing claims, remedies (repair, replace, refund), exclusions for installation errors, and whether third-party warranty transfers are permitted.

Key Required Data Elements

Contract Date: Effective date (MM/DD/YYYY format)
Buyer Information: Legal name, address, contact, Tax ID
Seller Information: Legal name, address, contact, license
Goods Specifications: SKU, color, size, finish, lot
Payment Terms: Price, deposit, due dates, late fees
Signatures: Printed name, title, date, signature

Step-by-Step: Preparing and Executing the Agreement

Follow these steps to prepare, execute, and record a Tile Purchase Agreement for a typical commercial or residential order.

  • 01
    Draft Contract: Assemble terms, specs, and pricing with precise measurements.
  • 02
    Review Terms: Verify tax, shipping, and warranty clauses with counsel.
  • 03
    Sign & Date: All authorized signers execute and date the agreement.
  • 04
    Distribute Copies: Provide executed copies to each party and archive.

Typical Execution Workflow

Typical execution workflow for a Tile Purchase Agreement covers sending the draft, collecting eSignatures, confirming delivery logistics, and retaining the final document.

  • Prepare Document: Upload contract and place required fillable fields.
  • Authenticate Signers: Use email or SMS verification for signer identity.
  • Execute Signatures: Signers apply electronic signatures with audit trail.
  • Confirm Delivery: Arrange shipping, accept inspection, and document receipt.

Online Workflow Settings to Consider

Configure an online signing workflow to ensure correct routing, signer authentication, reminders, and required attachments for tile purchase transactions.

Field Configuration
Signature Type Click-to-sign or cryptographic signature allowed
Authentication Email link, SMS code, or KBA as required
Routing Order Sequential or parallel signer routing supported
Attachments Allow upload of invoices, spec sheets, and COAs

Distribution and Platform Considerations

Digital delivery supports email links, secure PDFs, and integrated platforms; choose tools that meet your organization's authentication needs.

  • File Types: PDF, DOCX, XLSX supported
  • Integrations: Salesforce, NetSuite, Google Workspace supported
  • Authentication: Email, SMS, KBA, SSO options

Key Dates and Deadlines to Specify

Key dates to include ensure payment timing, inspection period, and delivery expectations are enforced and disputes can be resolved promptly.

Delivery Window:

Specify calendar dates or lead-time in business days.

Inspection Period:

Typically 3–5 business days to inspect and notify defects.

Payment Due Date:

State net payment terms (Net 30, cash on delivery).

Return/Claim Deadline:

Claims for shortages or defects must be reported within specified days.

Cancellation Notice:

Outline notice period and any restocking or cancellation fees.

Common Preparation Mistakes to Avoid

  • Leaving product descriptions vague (color, finish, or lot) leads to mismatched shipments and costly returns for both parties.
  • Using informal party names or initials instead of full legal entity names can cause payment delays or tax withholding issues.
  • Failing to specify inspection timing or acceptance criteria often converts minor defects into major disputes.
  • Omitting shipping responsibility, insurance, or staging requirements results in unexpected carrier charges and project delays.

Risks and Consequences of Poor Documentation

Late Payment: Interest and collection costs
Defective Goods: Replacement or refund obligations
Delivery Delay: Project delays and liquidated damages
Incorrect Specs: Rework and additional material costs
Tax Liability: Sales tax or withholding exposure
Contract Termination: Potential loss of deposit or remedies

eSignature Pricing and Feature Snapshot

Compare common pricing and feature criteria across eSignature vendors to evaluate cost and compliance for signing Tile Purchase Agreements.

signNow DocuSign Adobe Sign PandaDoc HelloSign
Starting Price $8/user/mo $15/user/mo $14/user/mo $19/user/mo $15/user/mo
Free Trial 7-day trial Varies Varies Varies Varies
Bulk Send Yes Yes Yes Yes No
Audit Trail Yes Yes Yes Yes Yes
HIPAA Compliant Yes Yes Yes No No

Frequently Asked Questions

Answers to common questions about using, signing, notarizing, and storing Tile Purchase Agreements, including eSignature and revision concerns.


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