TERMS & CONDITIONS OF SALE

1. Acceptance of Terms

By placing an order, accepting delivery, or installing any products, the purchaser agrees to these Terms and Conditions of Sale (“Terms”). These Terms constitute the entire agreement between Aquabella® and the purchaser.

2. Products

Aquabella offers a diverse range of products, including but not limited to:

Pool Tile: Various styles and finishes designed for swimming pools.
Hardscape Materials: Natural stone (including marble, travertine, limestone, and other stone products), porcelain pavers, bricks, and related landscaping materials.
Pool Finishes: Plaster, pebble, and other finishes for pool interiors.
Setting Materials: Thin-set mortar, grout, adhesives, pool plaster, cementitious products, waterproofing membranes, sealants, coping adhesives, setting beds, and reinforcement materials.
Other Products: Accessories and supplies related to pool and hardscape installation.

All products are subject to availability. Variations in color, shade, size, texture, veining, and finish are inherent to tile, porcelain, and natural stone products and are not considered defects. Samples may vary from the final product. Inspect material with the homeowners before installation.

Installation constitute acceptance.

2A. Bagged & Cementitious Materials: Shelf Life, Storage, and Pool Use

Certain products sold by Aquabella, including but not limited to thin-set mortars, grouts, plasters, cementitious pool finishes, adhesives, and waterproofing materials, are subject to manufacturer-defined shelf life and expiration dates.

It is the customer’s responsibility to verify expiration dates at the time of purchase and prior to installation. Aquabella is not responsible for product failure, performance issues, discoloration, or installation defects resulting from the use of expired materials, improperly stored materials, or materials installed outside manufacturer guidelines.

Once bagged or cementitious materials leave Aquabella’s facility, Aquabella assumes no responsibility for storage conditions, jobsite handling, moisture exposure, temperature extremes, water intrusion, or delays in installation. Opened bagged materials are non-returnable. Expired materials are non-refundable.

For pool finishes and water-related applications, Aquabella assumes no responsibility for water chemistry, startup procedures, curing conditions, or ongoing pool maintenance. Improper chemical balance, aggressive startups, premature filling, or deviations from manufacturer guidelines void all warranties.

2B. Natural Stone Products — Special Terms

Natural stone products sold by Aquabella, including but not limited to marble, travertine, limestone, granite, quartzite, slate, and onyx, are products of nature and contain inherent variations and characteristics.

Material Characteristics: Variations in color, shade, veining, texture, density, thickness, calibration, and surface finish are normal and expected. Small holes, pits, fissures, filled areas, and natural markings are inherent to stone and are not defects.
Samples, Photos, and Displays: Samples, photographs, showroom displays, and website images are provided for reference only. Delivered material will not necessarily match any sample, image, or prior shipment.
Lots and Reorders: Natural stone is supplied in production lots, and variation between lots is normal.
Reorders will not match previous shipments. The purchaser is responsible for ordering sufficient material, including waste, cuts, and attic stock, at the time of the original order.
Breakage and Allowances: Up to 7% of natural stone material may contain chips, cracks, breakage, or visual imperfections and is considered acceptable and industry standard. This material may be used for cuts and waste. Claims will not be accepted unless breakage exceeds this percentage and is properly documented at delivery.
Inspection and Acceptance: All stone products must be inspected upon receipt and prior to cutting, fabrication, or installation. Installation of any stone product constitutes full and final acceptance. No claims will be accepted for any reason after installation.
Suitability and Use: Aquabella makes no warranty that natural stone is fit for any particular purpose, including slip resistance, chemical resistance, or suitability for specific applications such as floors, wet areas, or pool environments. The purchaser is solely responsible for determining product suitability, installation methods, and maintenance requirements.
Labor and Damage Disclaimer: Aquabella is not responsible for labor, installation, removal, replacement, or reinstallation costs.
Aquabella is not liable for incidental, indirect, or consequential damages related to natural stone products.
Shipping and Risk of Loss: Natural stone products are sold FOB Aquabella’s warehouse. Title and risk of loss transfer to the purchaser upon shipment to the carrier. Any transit damage must be noted at delivery and claimed with the carrier.

3. Orders

Order Placement: Orders may be placed in person, by email, or by phone.
Order Confirmation: Order confirmations acknowledge receipt only and do not guarantee acceptance.
Right to Refuse Orders: Aquabella reserves the right to refuse or cancel any order due to availability, pricing errors, credit issues, or suspected fraud.

4. Pricing

Prices are subject to change without notice. Pricing in effect at the time of order placement applies. Prices exclude taxes, freight, shipping, handling, and other applicable charges unless stated otherwise.

5. Payment Terms

Accepted payment methods include major credit cards, debit cards, and bank transfers. A non-refundable deposit is required on all special or custom orders.

Late Fees: Any invoice not paid by its due date will be considered past due. Aquabella may charge a late fee of 1.5% per month (18% annually) or the maximum rate allowed by law, whichever is less, on any overdue balance until paid in full. Aquabella may suspend shipments or services on any past-due account.
Collections: Accounts more than 60 days past due may be sent to collections. The customer agrees to pay all reasonable costs of collection, including collection agency fees, attorney’s fees, and court costs. Aquabella may place delinquent accounts on credit hold and require full payment of all outstanding balances before accepting new orders.

6. Shipping and Delivery

Shipping Methods: Aquabella utilizes third-party carriers. Shipping costs are the buyer’s responsibility.
Delivery Timeframes: Estimated delivery dates are not guaranteed. Aquabella is not responsible for delays caused by carriers, manufacturers, customs, or supply chain disruptions.
Risk of Loss: Title and risk of loss transfer to the buyer upon delivery to the carrier.

6A. Inspection and Acceptance

All bagged goods must be inspected immediately upon receipt. Any damage, shortages, or discrepancies must be reported within two bussiness days. Failure to notify Aquabella within this timeframe constitutes acceptance of the goods as delivered.

7. Returns and Exchanges

Eligibility: Returns are accepted within 30 days of purchase for unused, unopened, and resalable items. Resellable items are considered in their original package, unopened, clean, andwith no damage.
Restocking Fee: A 25% restocking fee applies to all eligible returns.
Non-Returnable Items: Special orders, custom products, opened bagged materials, expired materials, and items marked final sale are non-returnable.
Return Authorization: Returns require prior authorization from the Aquabella branch where the purchase was made.
Shipping Costs: Return freight is the customer’s responsibility unless the return results from Aquabella’s error.
Refunds: Approved refunds are processed within 7–10 business days, less applicable fees.

8. Warranty

Aquabella provides limited warranties on certain products against manufacturing defects, as outlined in product documentation or on www.aquabellatile.com

The warranty does not cover damage caused by misuse, improper installation, jobsite conditions, improper storage, or normal wear.

8A. Installation Responsibility

Aquabella does not install products and is not responsible for installation methods, substrate preparation, jobsite conditions, or labor costs. Installation of any product constitutes acceptance of the material.

Aquabella is not responsible for failures related to substrate movement, pool shell cracking, hydrostatic pressure, moisture migration, efflorescence, improper drainage, expansion or contraction, or structural conditions beyond the product itself. No claims will be accepted after material has been installed.

9. Force Majeure

Aquabella shall not be liable for failure or delay in performance caused by events beyond its reasonable control, including acts of God, labor disputes, natural disasters, government actions, or supply chain disruptions.

10. Limitation of Liability

To the maximum extent permitted by law, Aquabella’s liability is limited to the purchase price of the product sold. Aquabella shall not be liable for indirect, incidental, special, or consequential damages.

This limitation includes, but is not limited to, costs associated with pool draining or refilling, water loss, chemical rebalancing, labor, removal or reinstallation, project delays, loss of use, or pool downtime.

11. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State in which the Aquabella branch issuing the sale is located.

12. Privacy Policy

Aquabella’s Privacy Policy governs the collection and use of personal information and is available on our website.

13. Intellectual Property

All trademarks, content, and intellectual property are owned by or licensed to Aquabella. Unauthorized use is strictly prohibited.

14. Modifications

Aquabella reserves the right to modify these Terms at any time. Updates are effective upon posting.

15. Contact Information

Aquabella

11906 Brittmoore Park Dr., Houston Texas 77041

info@aquabellausa.com

Toll Free: (833) 985-2955

Pool & Water Applications Addendum

Builder Acknowledgment

By purchasing, specifying, or installing Aquabella pool tile, pool finishes, natural stone, porcelain pavers, coping, or setting materials, the builder and installer acknowledge and agree:

Installation Responsibility: All materials must be installed in accordance with manufacturer instructions and industry standards. Aquabella does not control installation methods, substrate preparation, waterproofing, drainage, slope, movement joints, or structural conditions.
Substrate & Structure: The installer is solely responsible for ensuring that all substrates, pool shells, decks, and walls are structurally sound, stable, properly prepared, and suitable for the selected materials. Aquabella is not responsible for cracking, settling, deflection, hydrostatic pressure, moisture migration, or efflorescence.
Water Chemistry: For all pools, spas, and water features, proper curing, startup, and ongoing water chemistry are the responsibility of the builder and pool service provider. Discoloration, etching, scaling, mottling, or surface changes caused by water or chemical conditions are not defects and are not covered.
Natural Stone: Natural stone varies in color, veining, shade, texture, and thickness. Chips, pits, filled areas, and breakage are inherent. Slip resistance, chemical resistance, and long-term performance depend on stone type, finish, environment, and maintenance. Aquabella makes no guarantee of suitability for any specific application.
Inspection & Acceptance: All materials must be inspected before cutting or installation. Installation constitutes full and final acceptance. No claims will be accepted after installation.
Labor & Liability: Aquabella is not responsible for labor, removal, replacement, reinstallation, pool draining, refilling, water treatment, project delays, or loss of use. Aquabella’s liability is limited to the cost of the materials supplied.
Safety & Compliance: The builder is responsible for jobsite safety, dust and silica control, and regulatory compliance.

This Addendum is part of Aquabella’s Terms and Conditions of Sale and is binding upon all parties involved in the project.