Terms of Use and Project Agreement Terms for SHAX Family Tile.

1.1 Electronic acceptance of the estimate or invoice creates the project agreement.

The Contract becomes effective on the date the final required party signs or accepts it, unless the project documents state a different effective date. A scheduling confirmation by itself does not create a Contract unless the estimate or invoice has also been signed or accepted as required.

The version of these Terms identified or linked when the Estimate or Invoice is electronically signed controls that project. A later website revision does not change an already executed Contract unless both parties agree to the change in writing.

These Terms and Conditions, together with the electronically signed Estimate or Invoice and any approved Change Orders, constitute the Contract between SHAX Family Tile and the Customer.

These Terms and Conditions establish the general contractual terms governing the project. The signed Estimate or Invoice establishes the project-specific Scope of Work, labor, pricing, payment terms, exclusions, allowances, and other project details.

Any work, materials, conditions, or services added to, removed from, or changed from the original Scope of Work will be documented in a Change Order. Any adjustment to the Contract price or project schedule resulting from such changes will be stated in the Change Order.

Change Orders must be approved and electronically signed by the Customer before the changed or additional work begins, except where immediate action is reasonably necessary to protect the property from damage or address an emergency condition.

2.1 Website information, estimate requests, and acceptable use.

2.1.1 No contract from browsing or a contact request

Website descriptions, cost guides, photographs, blog posts, check-ins, FAQ answers, messages, and preliminary conversations are general information only. Browsing the website, submitting a form, sending photographs, requesting an estimate, or receiving an automated response does not create a Contract, reserve a start date, or obligate SHAX to accept a project.

2.1.2 Accuracy and updates

SHAX tries to keep website information accurate, but material availability, manufacturer instructions, building requirements, labor conditions, pricing, lead times, service areas, and installation methods may change. The signed project documents and current manufacturer instructions control.

2.1.3 Permitted use

You may use the website for legitimate project research and communication. You may not interfere with the site, attempt unauthorized access, submit false information, scrape protected data, impersonate another person, transmit malicious code, or use website content in a misleading manner.

2.1.4 Copyright and project images

Website text, layout, logos, graphics, and original project photographs are owned by or licensed to SHAX Family Tile unless stated otherwise. They may not be copied, republished, sold, or used to represent another contractor’s work without written permission. Project photographs taken for documentation remain subject to any separate customer consent regarding public marketing use.

2.1.5 Third-party platforms and links

SHAX may use third-party services for estimates, invoices, payments, scheduling, electronic signatures, reviews, directories, and communications. Those services have their own availability, security, and privacy practices. SHAX is not responsible for unrelated third-party content, but the records generated by the platform used for a specific project may form part of the Contract evidence.

3.1 Scope, incorporated documents, and order of precedence.

3.1.1 Written scope controls

Only work specifically described in the electronically signed or accepted estimate, invoice, proposal, or change order is included. Drawings, inspiration photos, verbal discussions, messages, and assumptions do not add work unless incorporated into a written project document.

3.1.2 Documents included in the Contract

The Contract may consist of one or more documents, including the signed estimate or invoice, scope of work, project schedule, progress-payment terms, plans and specifications identified in the signed record, these Terms, required California notices, and signed change orders.

3.1.3 Labor-only estimates

Unless the signed estimate expressly includes materials, the estimate covers labor only. Materials excluded from the estimate must be selected, purchased, inspected, and supplied by the Owner in the quantities and timing needed for installation. SHAX may assist with planning, but responsibility for customer-purchased material remains with the Owner and supplier.

3.1.4 Common exclusions

No plumbing or electrical work is included unless otherwise specified. Structural work, engineering, permits, hazardous-material testing or abatement, mold remediation, framing repair, glass, cabinetry, painting, appliance installation, major furniture moving, baseboard work, material delivery, dust isolation, demolition disposal, grinding, leveling, crack repair, and substrate correction are excluded unless the signed scope states otherwise.

3.1.5 Order of precedence

If project documents conflict, they generally control in this order: the most recent signed change order; signed project-specific addendum; electronically signed estimate, proposal, or invoice; incorporated plans and specifications; project payment and scheduling documents; then these Terms. A more specific written term controls over a general term.

4.1 Electronic signing does not remove California contract requirements.

California generally recognizes electronic records and signatures. For qualifying residential home-improvement work, however, the complete electronically signed contract package must still be provided to the buyer before work begins and must contain the required project description, contract price, dates, payment schedule, notices, cancellation forms, insurance disclosures, mechanics-lien warning, and change-order language.

Official references: California Business and Professions Code section 7159, California Civil Code section 1633.7, and the CSLB sample home-improvement contract.

5.1 Weekly progress invoices are based on completed work—not equal weekly amounts.

5.1.1 Weekly billing cadence

Unless the signed project documents provide a different schedule, SHAX may review project progress and issue an invoice each week. The amount is not a fixed or equal weekly charge. It is based on the reasonable value of work actually completed through the billing date and, when applicable, materials or equipment already delivered for the project.

5.1.2 Invoice detail

Each weekly progress invoice will state the exact amount due in dollars and cents and identify the completed work, services, and delivered materials or equipment supporting that amount. The Owner is not charged in advance for unfinished work merely because a week has passed.

5.1.3 California progress-payment schedule

For a qualifying California home-improvement project, the electronically signed contract package must include the legally required Schedule of Progress Payments. Weekly invoices document the completed portion of that schedule; they do not eliminate the requirement for a compliant signed payment schedule.

5.1.4 Final payment

The final payment will be invoiced only after the contracted scope of work is completed. The final invoice is due by the date stated on that invoice or in the signed Contract. A minor warranty request or agreed punch-list correction does not permit withholding amounts for completed and undisputed work unless the signed Contract or applicable law provides otherwise.

5.1.5 Due dates and disputed amounts

Each progress invoice is due by the date stated in the Contract or invoice. A good-faith concern must be communicated in writing before the due date with enough detail to identify the disputed item. Undisputed amounts remain due.

5.1.6 Processing and late charges

A processing fee, late charge, or finance charge applies only when disclosed in the electronically signed project documents or invoice and permitted by applicable law and payment-provider rules. Nothing on this webpage independently creates a finance charge.

5.1.7 Nonpayment

If a required payment is not made when due, SHAX may give written notice and suspend scheduling, labor, ordering, delivery, or work to the extent allowed by the Contract and law. A lawful payment-related suspension is not abandonment. The completion schedule may be extended by the suspension period plus reasonable remobilization time.

5.1.8 Collection and lien rights

SHAX reserves all lawful rights to recover unpaid amounts, including contract remedies, reasonable non-attorney collection costs, lien recording fees, filing fees, service fees, and mechanics-lien rights to the extent permitted by law. Lien releases will be handled as required by the Contract and California law.

6.1 Delays, access problems, and schedule extensions.

6.1.1 Approximate dates

Start and completion dates are estimates unless the signed documents expressly make a date guaranteed. A third-party scheduling confirmation documents the date reserved at that time, but the schedule remains subject to site readiness, material availability, inspections, cure times, sequencing, other trades, concealed conditions, and approved changes.

6.1.2 Excusable delays

SHAX is entitled to a reasonable extension for events outside its reasonable control, including severe weather, fire, flood, natural disaster, government action, inspection or permit delay not caused by SHAX, labor disruption, illness, material shortage, shipping delay, manufacturer delay, utility interruption, unsafe conditions, concealed damage, hazardous materials, or delay by an Owner, supplier, designer, architect, engineer, building manager, or other contractor.

6.1.3 Owner-caused delays

Owner-caused delay includes denied or restricted access, day-of cancellation, stop-work direction unrelated to an immediate safety issue, missing customer-supplied materials, late selections or approvals, unpaid progress invoices, incomplete plumbing or electrical work, occupied work areas, interference by other trades, unavailable utilities, uncontained pets, or failure to prepare the site as agreed.

6.1.4 Standby, demobilization, and remobilization

When an Owner-caused delay prevents productive work, SHAX may stop or reassign the crew, protect the work, store materials, demobilize, and reschedule the project. The Owner is responsible for documented, reasonable costs caused by the delay—including added trips, storage, protection, demobilization, remobilization, and crew rescheduling—when authorized by the Contract, a signed change order, or applicable law.

6.1.5 No automatic daily penalty

These Terms do not impose an automatic fixed daily penalty. Any delay charge must be supported by the signed project documents, actual project impact, and applicable law.

7.1 Change orders must be documented before extra work begins.

Changes to scope, material, layout, pattern, dimensions, quantity, preparation, schedule, access, or sequencing may change the price and completion date. Extra work and change orders become part of the Contract only when documented in writing and electronically signed or accepted before the changed work begins, except for emergency measures reasonably necessary to protect people or property.

A change order should identify the added or deleted scope, price adjustment, and effect on progress payments or schedule. Text messages or email may document approval only when the Contract permits that method and the record clearly shows the approved scope and price. Casual conversation at the job site does not automatically authorize extra work.

If concealed or unexpected conditions require additional work, SHAX may pause the affected portion, document the condition, and provide a change order or revised scope. Refusal to authorize necessary corrective work may require exclusion, suspension, or termination of the affected installation.

8.1 Access, selections, utilities, materials, safety, and other trades.

The Owner must provide safe and timely access, disclose HOA or building restrictions, make selections and approvals on time, provide adequate customer-supplied materials, remove valuables and personal items, coordinate appliances and specialty-item movement, keep children and pets away from active work, provide available electricity and water, and coordinate other contractors so SHAX can perform the written scope.

Pianos and grandfather clocks will not be moved by SHAX. Furniture or appliance moving, baseboard removal, material delivery, special dust isolation, parking restrictions, elevator reservations, after-hours access, or unusual staging requirements may require added charges when not included in the signed scope.

Unauthorized entry into the work area, interference with tools or temporary protection, or direction given directly to workers that conflicts with the Contract may cause delay, added cost, suspension, or safety risk.

9.1 Customer-supplied materials, quantities, variation, and layout approval.

9.1.1 Customer-supplied materials

The Owner must inspect and approve customer-supplied materials before installation. SHAX is not responsible for manufacturer defects, shade or dye-lot variation, availability, compatibility, dimensional accuracy, color, veining, finish, factory defects, or supplier recommendations. Extra labor caused by warped, inconsistent, fragile, undersized, oversized, mesh-mounted, resin-backed, damaged, or difficult materials may require a change order.

9.1.2 Quantities and waste

The Owner must provide sufficient material for layout, cuts, breakage, attic stock, pattern matching, and replacement. Shortages may delay the project and create additional trips or remobilization charges. Special-order and custom materials may be nonreturnable under supplier policies.

9.1.3 Natural and manufactured variation

Tile, stone, grout, sealant, trim, and flooring products may vary in color, shade, texture, veining, sheen, thickness, caliber, edge profile, and pattern. Reasonable variation is not an installation defect. Installed appearance is affected by lighting, room geometry, tile dimensions, substrate flatness, and grout choice.

9.1.4 Layout approval

Layout direction, starting points, feature placement, grout-joint size, pattern, edge profiles, transitions, niches, shelves, and visible cuts should be reviewed before installation. Changes requested after installation begins may require removal, replacement material, added labor, and a schedule extension.

10.1 Substrates, moisture, hazardous materials, and work by others.

10.1.1 Concealed conditions

Demolition or preparation may reveal cracks, movement, rot, water damage, mold, insect damage, out-of-plumb framing, uneven slabs, unsuitable backing, failed waterproofing, plumbing leaks, electrical issues, or other concealed conditions. These conditions are not included unless specifically described and may require inspection, specialist work, repair, or a written change order.

10.1.2 Structural movement and moisture

SHAX is not responsible for failures caused by structural movement, slab cracking, deflection, vibration, moisture vapor, hydrostatic pressure, plumbing leaks, roof or window leaks, foundation movement, unsuitable framing, or deficiencies outside SHAX’s written scope. Recommended membranes or preparation can reduce risk but cannot guarantee against movement or moisture originating outside the tile assembly.

10.1.3 Hazardous or regulated materials

Suspected asbestos, lead, silica exposure beyond ordinary controlled tile work, biohazard, mold, or other hazardous material may require work to stop until testing and remediation are completed by qualified parties. Testing and remediation are excluded unless expressly included.

10.1.4 Other contractors

SHAX is not responsible for delay, damage, contamination, misalignment, or rework caused by other contractors or later work. Plumbing, electrical, glass, cabinetry, framing, drywall, painting, countertops, and other trades must be coordinated so their work is complete and compatible with the tile scope.

11.1 Preparation, dust, partial repairs, and maintenance.

11.1.1 Preparation and added work

Grinding, leveling, flattening, crack isolation, waterproofing correction, substrate repair, additional demolition, protection, disposal, dust isolation, material handling, delivery, baseboard work, appliance or furniture movement, and extra mobilization may be separately charged when not included in the original scope.

11.1.2 Dust and disruption

SHAX will use reasonable work practices and protection appropriate to the written scope, but demolition, cutting, grinding, mixing, and installation are disruptive and cannot be represented as completely dust-free or noise-free. Special containment or off-site cutting must be written into the scope.

11.1.3 Partial repairs and matching

Localized repairs may reveal broader failure and cannot always restore the system to new condition. Exact matching of discontinued or aged tile, grout, sealant, stone, finish, sheen, or batch is not guaranteed. Work may be limited or declined when a repair would be unsafe, misleading, or unlikely to perform.

11.1.4 Maintenance

Grout, sealant, caulk, stone, and some tile finishes require cleaning, inspection, resealing, or replacement over time. Damage from harsh chemicals, impact, neglect, standing water, movement, improper cleaning, or lack of maintenance is not an installation defect.

12.1 One-year limited warranty for SHAX installation labor.

12.1.1 Final completion and punch list

The contracted scope is complete when the work described in the signed documents has been performed, subject to approved changes and exclusions. The Owner should provide one written punch list promptly after completion. The final payment remains due under the signed Contract for completed and undisputed work.

12.1.2 One-year labor warranty

SHAX warrants its installation labor against defects directly caused by SHAX workmanship for one year from the date the contracted work is completed, unless a longer period is stated in a signed project document. The Owner must give written notice within the warranty period and provide SHAX a reasonable opportunity to inspect and, when covered, correct the workmanship issue.

12.1.3 No SHAX material warranty

SHAX does not provide an independent warranty for tile, stone, grout, mortar, membrane, trim, sealant, fixtures, or other materials. Manufacturer or supplier warranties, if any, are controlled by their own terms. SHAX may reasonably assist with a manufacturer claim when practical, but removal, replacement material, shipping, and reinstallation labor caused solely by a material defect are not covered unless a signed project document states otherwise or applicable law requires otherwise.

12.1.4 Warranty exclusions

The labor warranty does not cover manufacturer defects, customer-supplied materials, natural variation, structural or substrate movement, slab cracking, deflection, moisture or leaks outside SHAX’s scope, plumbing/electrical/glass failures, hazardous conditions, efflorescence, misuse, abuse, impact, improper cleaning or maintenance, normal wear, grout or sealant maintenance, third-party alterations, work performed by others, or damage after completion.

12.1.5 Opportunity to inspect and cure

Before another contractor removes or alters disputed work, the Owner must provide SHAX a reasonable opportunity to inspect and, where appropriate, correct a covered workmanship issue. Emergency action reasonably necessary to protect people or property is excepted. This limited warranty does not waive rights or obligations that cannot lawfully be waived.

13.1 When work may be paused or ended.

SHAX may suspend or terminate work, subject to the Contract and law, for nonpayment, denied access, unsafe conditions, owner interference, abusive or discriminatory conduct, material shortages, missing selections, concealed conditions, unauthorized work by others, permit or inspection issues, or material breach.

A lawful suspension is not abandonment. The Owner remains responsible for completed work, approved change orders, delivered materials, protection and storage, demobilization, remobilization, and other amounts properly due. Any refund or credit is determined under the Contract, applicable cancellation rights, work performed, materials ordered, and supplier policies.

14.1 Notice, resolution, attorney fees, and California law.

14.1.1 Written notice

A party claiming breach or defective performance should give prompt written notice describing the issue, supporting facts, requested resolution, and reasonable access for inspection. This notice requirement does not extend a statutory deadline, lien deadline, warranty deadline, or emergency remedy.

14.1.2 Good-faith resolution

Before litigation, the parties should attempt a good-faith meeting or mediation when practical, except for small claims, mechanics-lien deadlines, collection deadlines, emergency relief, or another remedy that could be lost by delay. Arbitration applies only if included in a separately enforceable signed agreement.

14.1.3 Governing law and venue

California law governs these Terms and the Contract. Unless the Contract or applicable law requires otherwise, disputes relating to a San Diego County project will be handled in an appropriate court or forum serving San Diego County, California.

14.1.4 Attorney fees and costs

In an action or proceeding to enforce the Contract, the prevailing party may recover reasonable attorney fees and allowable costs to the extent authorized by the Contract and California law. The Owner remains responsible for unpaid contract balances and lawful non-attorney collection costs, lien fees, filing fees, service fees, and other recoverable charges. California law may make a contractual attorney-fee right reciprocal even if a document attempts to state it for only one party.

14.1.5 Severability and no waiver

If part of these Terms is unenforceable, the remainder remains effective to the extent permitted by law. A delay in enforcing a right is not a waiver. No term waives a right or duty that cannot lawfully be waived.

14.1.6 Changes to these Terms

SHAX may update this webpage prospectively. The version identified or linked when the estimate or invoice is signed applies to that Contract. No later online update changes an already executed Contract unless both parties agree in writing.

15.1 Questions about these Terms or a project document.

Contact SHAX Family Tile at (858) 348-7598, use the website contact form, or write to the SHAX team. Include the project address, estimate or invoice number, and the section you are asking about.

Terms version: 2023-01. Effective date: January 1, 2023. Last updated: April 3, 2023.