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Terms and Conditions of Sale
The Terms and Conditions (“Terms”) contained herein apply to all quotations and offers made by NEXON Building Materials Limited (“NEXON”) and to all purchase orders accepted by NEXON. These Terms may in some instances conflict with some of the terms and conditions affixed to a Buyer’s purchase order or to any other procurement document issued by the Buyer. In such cases, the Terms contained herein shall govern, and acceptance of Buyer’s order is conditioned upon Buyer’s acceptance of the Terms and Conditions herein, irrespective of whether the Buyer accepts these conditions by a written acknowledgement, by implication, by acceptance of products ordered, or by payment for products ordered. NEXON’s failure to object to provisions contained in any communication from Buyer shall not be deemed a waiver of the provisions herein. Any changes in the Terms contained herein must specifically be agreed to in writing, signed by an officer of NEXON before becoming binding on either party.
NEXON reserves the right at any time to amend these Terms and Conditions, and Buyer shall be deemed to accept such amended Terms and Conditions by ordering products offered after the date of such amendment.
Product and Prices
Unless agreed to otherwise, in advance, in writing and signed by an Officer or Director of NEXON, all catalog prices, and all offered prices are F.O.B. NEXON’s facility. All pricing quotes must be documented in writing and issued by NEXON to be valid. Unless otherwise stated, prices quoted are firm for 30 days from the date quoted. NEXON reserves the right to change its prices and the specifications of its products at any time without notice.
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 certificate is furnished to NEXON prior to shipping. State and local taxes, when charged, are assessed based on those rates in effect at the NEXON location selling or servicing the Buyer. All state, local, federal or other taxes and duties are the responsibility of the Buyer. NEXON’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 NEXON 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.
All orders, shipments and deliveries by NEXON are subject to credit approval by NEXON’s Credit Department. As part of this credit approval, NEXON may at any time decline to make any shipments or deliveries, and/or impose other terms or conditions or security arrangements as NEXON, in its sole discretion, deems appropriate. NEXON reserves and Buyer hereby grants NEXON 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 NEXON can repossess them. A copy of the invoice may be filed with appropriate authorities at any time as a financing statement. Upon NEXON’s request,
Buyer will execute any documents to perfect NEXON’s security interest in any products.
NEXON 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 NEXON 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.
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 NEXON on a timely basis pursuant to the credit terms provided and shown on NEXON’s invoice. NEXON 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.
NEXON, in its sole discretion, reserves the right to specify the form of payment acceptable for settlement of invoices and other amounts (i.e. check, certified 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 NEXON to incur additional costs and fees, Buyer agrees to reimburse NEXON for any such fees upon NEXON’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 NEXON, 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 NEXON are F.O.B. NEXON’s facility, or, if applicable, the facility of an NEXON affiliate or agent. Title and risk of loss or damage to products passes to Buyer upon delivery to Buyer, or a common carrier, at NEXON’s facility, or, if applicable, the facility of an NEXON affiliate or agent.
Buyer acknowledges and agrees that delivery dates, when quoted, are estimates only and may be changed. NEXON will use reasonable efforts to deliver in accordance with quoted delivery dates. However, NEXON 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.
NEXON reserves the right to make delivery in installments. All such installments shall be separately invoiced and paid for when due, without regard to subsequent deliveries. Delay of any shipment shall not relieve the buyer of its obligation to accept remaining installments. In the event that NEXON’s ability to supply products becomes constrained, for any reason whatsoever, NEXON may reduce quantities, delay shipments, or allocate products among its customers at its discretion.
If part or all of the products are to be delivered from outside of the continental borders of the United States, and such products are not available for any reason, then NEXON may in its reasonable discretion replace the same with like products, but shall be under no obligation to do so. If NEXON does not replace same, then NEXON shall notify Buyer within a reasonable period of time and as Buyer’s sole and exclusive remedy NEXON shall give Buyer credit based upon Buyer’s prepayments, if any, for the products.
Inspection and Acceptance
Any product sold or provided by NEXON shall be deemed accepted by Buyer upon delivery. Claims for damage, shortage or errors in shipping must be recorded on the original receiving documents and reported within twenty-four (24) hours following delivery to Buyer.
It is the Buyer’s responsibility to inspect all merchandise prior to installation. If for any reason the material is incorrect or unacceptable for installation, Buyer shall make such claim to NEXON, in writing, before installation.
NEXON’s liability in respect to all claims shall be limited to accepting the return of incorrect or unacceptable product before installation, and then only after NEXON has been notified in writing that the material is incorrect or unacceptable and has had the opportunity to inspect the product and conduct its own investigation. All original packaging materials must be kept until after inspection. Subsequent to any investigation, NEXON shall have the right to supply substitute products. If substitute products are to be supplied, NEXON shall have up to 90 days following the conclusion of NEXON’s investigation to so substitute.
All claims for incorrect or unacceptable product should be received in writing within 30 days from shipment date and prior to installation. Installation of product is deemed acceptance of product and NEXON shall not be liable for , and will not recognize, claims made after the start of the installation including claims of incorrect product; claims of incorrectly sized, colored, shaded, calibrated, or packaged product; claims of product not matching prior shipments; and/or any other product claims. NEXON shall not be responsible for improper installation of products.
Special order or Non-Stock Product are not returnable and deposits on such are non-refundable. Returns of NEXON Stock Product (product contained within NEXON’s current price list) is subject to the prior authorization of NEXON, in its discretion.
All return requests must be made within 30 days of shipment date. All product accepted for return must be in its original, unopened packaging, in full case quantities, and in good condition – suitable for resale. Returns are subject to a 25% Restocking Fee. Additionally, all costs of returning product to a NEXON facility, or the facility of an affiliate, agent or original manufacturer, will be the responsibility of the Buyer. After the assessment of all costs of return, Buyer’s account will either be credited for the excess of its deposit over such costs, or charged for the net of such costs in excess of its deposit.
Buyer shall at its own expense apply for and obtain any permits and inspections required for the installation and/or use of NEXON’s products. NEXON makes no promise or representation that the products will conform to any federal, state or local laws, ordinances, regulations, codes or standards.
NEXON shall not be responsible for any losses or damages sustained by the Buyer, or any other person, as a result of improper installation or misapplication of NEXON’s products. Buyer shall indemnify and hold harmless NEXON and its agents and employees against any loss, damage, claim, suit, liability, judgment or expense (including, without limitation, attorney’s fees) arising out of, or in connection with, any injury, damage to or loss of any property, or violation of any applicable laws or regulations resulting from, or in connection with, the sale, transportation, installation, use, or repair of NEXON’s products by the Buyer.