Thank you for your interest in the services of New Day Tile LLC (“NDT”).

By agreeing to the following payment terms and conditions, you acknowledge that you have read and understand the estimate terms, and you acknowledge that you have read and understand the guidelines below. You further acknowledge that you have had the opportunity to ask any additional questions and that you understand fully the terms herein.

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No person has authority to make representations other than those in this writing. Any representations made in connection with the sale of this product or process that differs from these terms, or of an estimate’s conditions, are not valid and should be brought to the attention of NDT immediately.

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You agree to be the authorized card holder or that you are authorized to use the card or payment provided. You understand, agree to pay, and therefore authorize NDT and its agents to charge your credit card or other form of payment. You further agree that in the event a credit card becomes invalid, or is expired, that you will provide a new valid credit card to NDT. As a result of the invalid, declined, or returned payment, any then outstanding balances owed, including any fees that have accrued as a result of late payment, will be due and payable immediately.

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NDT may require a deposit for any services, materials, or products. NDT may separate tasks and create individual line items for such tasks. You acknowledge, understand, and agree to pay any deposit required, and each individual line item upon completion of the installation. Should any disputes arise, and should it become necessary to resolve any disputes or collection matters through legal action, you will be responsible for all attorneys’ fees and court costs incurred by NDT in connection with such proceedings.

No failure or delay by a party to exercise any right or remedy provided under this Agreement or by law shall constitute a waiver of that or any other right or remedy, nor shall it prevent or restrict the further exercise of that or any other right or remedy.

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You acknowledge and agree that showers and bathrooms should be properly sealed to prevent water leakage beneath the surface. You understand that NDT is not responsible for any leakage issues that may arise and that it is your responsibility to ensure the proper waterproofing beneath the tile has taken place prior to installation of the tile. In the event of an improper installation of waterproofing, you recognize that NDT is assisting by surface-sealing the tile and grout, which may help mitigate water penetration beyond the surface, but you understand that this is not a permanent or recommended solution.

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All agreements between you and NDT made pursuant to these terms and conditions shall be deemed to be made in and shall be governed by the laws of the State of Georgia.

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New Glass Enclosures and Other Special Orders

You acknowledge and agree that any new glass enclosures and other special or custom orders, including but not limited to: require a 50% non-refundable deposit to pre-order your custom cut glass or other special/custom order. The remaining balance in full shall be due upon completion of installation. Once the glass enclosure or other special/custom orders have been placed, the order cannot be cancelled. Any such cancellations of new glass enclosures or other special/custom orders shall be nonrefundable. You expressly agree that any cancellations made prior to the final installation date shall incur a cancellation fee equal to 100% of the special or custom order.

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What if I decide to reschedule or cancel my estimate appointment?

You may reschedule or cancel your on-site consultation with NDT up to seven (7) days prior to the scheduled consultation without any fees or penalties. If NDT arrives at the address provided for the consultation and you are not present, NDT will wait up to fifteen (15) minutes. Any address or contact information provided by you that is incorrect or incomplete, which results in a delay to NDT, will be assessed appropriate fees and penalties.

Thereafter, your consultation will be cancelled and considered a “no show.” If your consultation is deemed a no show, NDT is entitled to keep any and all deposits you paid to NDT. In the event of a no show, if NDT is able to reschedule within the same day, NDT may refund up to half of your deposit.

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What if I decide to reschedule my installation appointment?

You may reschedule your installation appointment up to seven (7) days prior to your scheduled installation appointment without any fees or penalties. Your installation will be rescheduled according to NDT’s availability. Any requests for reschedule received less than seven (7) days prior to your scheduled installation appointment shall result in appropriate fees and penalties, including but not limited to the forfeiture of any and all deposits made to NDT.

At NDT’s discretion, a special and/or unavoidable circumstance that requires you to reschedule your installation appointment may not result in the forfeiture of your deposit. It is within NDT’s sole discretion and may be dependent on evidence that substantiates the unavoidable circumstance.In this instance your deposit can be held for your rescheduled date deposit, but only with NDT’s management approval.

You may request a reschedule of your installation appointment one time. If you reschedule a second time, 50% of any and all deposits received by NDT shall be forfeited. In order to be placed on NDT’s installation calendar after the second reschedule, an additional 50% deposit will be required. Any request to reschedule subsequent to the second occurrence will, at NDT’s discretion, forfeit all deposits and terminate any past or present business relationship with NDT.

 

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What if I decide to cancel my installation appointment? 

You may reschedule or cancel your installation with NDT up to thirty (30) days prior to the scheduled installation appointment without any fees or penalties. If NDT arrives at the address provided for the consultation and you are not present, NDT will wait up to fifteen (15) minutes. Any address or contact information provided by you that is incorrect or incomplete, which results in a delay to NDT, will be assessed appropriate fees and penalties.

Any cancellations within thirty (30) days of the installation appointment shall result in forfeiture of any and all deposits held by NDT, including but not limited to your special orders, tile, materials and glass enclosure deposit.

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Change Orders

All sales by NDT are made in accordance with the terms and conditions set forth above. No modification or addition to these terms and conditions shall be binding upon NDT unless expressly agreed to in writing in the form of a signed Change Order. Your acceptance of any goods shall constitute assent to these terms and conditions. These terms and conditions, together with any modifications or additions made in writing in the form of a signed Change Order, represent the entire agreement between you and NDT.