When the signed project documents use weekly billing, each invoice is based on work completed and materials or equi...
Terms of Use and Project Terms for SHAX Family Tile.
These terms explain website use and summarize common project conditions involving estimates, weekly progress payments, owner-caused delays, materials, access, change orders, job-site conditions, warranties, and payment. A signed estimate, home-improvement contract, commercial agreement, change order, or invoice controls whenever it contains different or more specific terms.
These public terms supplement—but do not replace—a signed project contract.
The signed project documents control. A proposal, estimate, home-improvement contract, commercial agreement, schedule of progress payments, change order, invoice, plan, specification, or written addendum signed or accepted for a particular project controls over this general website page if the documents conflict.
This page is not intended to replace any disclosure, cancellation notice, mechanics-lien warning, insurance notice, payment schedule, or other language required in a California home-improvement contract.
References to “SHAX,” “SHAX Family Tile,” “Contractor,” “we,” “us,” or “our” mean the business identified in the applicable written project documents. “Owner,” “Customer,” “Client,” “you,” or “your” means the person or entity requesting website information or contracting for work.
Website information, estimate requests, and acceptable use.
No project is formed by website use
Website descriptions, cost guides, photographs, blog posts, check-ins, FAQ answers, messages, and preliminary conversations are general information only. Submitting a form, sending photographs, requesting an estimate, or receiving an automated response does not create a construction contract, reserve a start date, or obligate SHAX to accept a project.
Accuracy and updates
We try to keep website information accurate, but tile availability, manufacturer instructions, building requirements, labor conditions, pricing, lead times, service areas, and installation methods may change. Project-specific written documents and current manufacturer instructions control.
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.
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.
Third-party links
The site may link to manufacturers, review services, directories, government agencies, social networks, and other third parties. SHAX does not control those sites and is not responsible for their availability, security, policies, or content.
Scope, written documents, and order of precedence.
Written scope controls
Only work specifically described in the signed estimate, contract, or change order is included. Drawings, inspiration photos, verbal discussions, messages, and assumptions do not add work unless incorporated into a written project document.
Labor-only estimates
Unless the written 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.
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 written scope states otherwise.
Order of precedence
For a specific project, the following order generally applies: signed change order; signed project addendum; signed contract or accepted estimate; project drawings/specifications expressly incorporated; invoice details; then these public terms. A more specific written term controls over a general term.
Required home-improvement contract documents remain separate.
For qualifying California residential home-improvement work, SHAX will use a written contract that includes the project description, contract price, approximate dates, applicable insurance notices, cancellation notices, mechanics-lien warning, change-order requirements, and any required schedule of progress payments.
California payment notice
Where applicable, a downpayment may not exceed $1,000 or 10 percent of the contract price, whichever is less.
It is against the law for a contractor to collect payment for work not yet completed or for materials not yet delivered, except for a lawful downpayment.
Applicable three-day, five-day, or seven-day cancellation rights depend on the transaction and must appear in the signed contract when required. This website page does not shorten, replace, or waive those rights.
Official information: CSLB sample home-improvement contract and California Business and Professions Code section 7159.
Weekly progress payments and invoice responsibilities.
Weekly billing cadence
Unless the signed project documents provide a different schedule, SHAX may issue progress invoices on a weekly basis. Weekly billing is an administrative schedule only; it does not authorize advance collection. Each invoice will identify work performed and, when applicable, materials or equipment delivered through the invoice date.
Signed payment schedule controls
For a California home-improvement contract using progress payments, the signed Schedule of Progress Payments will state the payment amounts and the corresponding work, services, materials, or equipment. A weekly invoice becomes payable only to the extent the scheduled work has been performed or the listed materials or equipment have been delivered.
Due dates and disputed amounts
Each progress payment is due by the date stated in the contract or invoice. Any good-faith concern must be communicated in writing before the due date with enough detail to identify the disputed item. Undisputed amounts remain due. A Customer may not withhold an amount materially greater than the reasonable value of genuinely incomplete or disputed work, to the extent permitted by law.
Electronic-payment and finance charges
A processing fee, late charge, or finance charge applies only when it is disclosed in the signed project documents or invoice and is permitted by applicable law and payment-provider rules. Nothing on this page independently creates a finance charge.
Nonpayment
If a required payment is not made when due, SHAX may provide written notice and suspend scheduling, labor, ordering, delivery, or work to the extent permitted by the signed agreement and law. A lawful payment-related suspension is not abandonment. The completion schedule may be extended by the suspension period plus reasonable remobilization time.
Collection and lien rights
SHAX reserves all lawful rights to recover unpaid amounts, including contract remedies, collection costs where authorized, and mechanics-lien rights. Lien releases will be handled as required by the signed contract and California law.
Delays, access problems, and schedule extensions.
Approximate dates
Start and completion dates are estimates unless a signed document expressly makes a date guaranteed. Tile projects depend on site readiness, material availability, inspections, cure times, sequencing, other trades, and concealed conditions.
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.
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.
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 standby, added trips, storage, protection, demobilization, remobilization, and crew rescheduling—when authorized by the signed agreement, written change order, or applicable law.
No automatic fixed penalty
Rather than imposing an automatic fixed daily penalty through this website page, delay charges will be based on the signed project documents and documented project impact. This allows the charge to reflect the actual circumstances and applicable law.
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 project only when documented in writing and signed or electronically 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 when the signed contract permits electronic authorization, but 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.
Access, selections, coordination, and a ready work area.
- Provide safe, timely access during agreed working hours and disclose access, parking, HOA, security, elevator, or building restrictions before scheduling.
- Complete selections, approvals, and customer-supplied-material delivery on time.
- Inspect customer-supplied materials for quantity, damage, shade, caliber, pattern, defects, and suitability before installation.
- Remove personal items, décor, clothing, valuables, and small belongings from the work area.
- Disconnect or arrange movement of electronics, appliances, and specialty items. SHAX does not move pianos or grandfather clocks.
- Keep children, occupants, guests, and pets away from tools, materials, wet installations, and active work areas.
- Provide working electricity, water, climate control, restroom access, and reasonable material staging unless the written scope states otherwise.
- Coordinate other contractors so their work does not damage, cover, delay, contaminate, or obstruct SHAX’s work.
- Promptly review requested layout, pattern, grout, trim, edge, transition, and placement approvals.
Customer-supplied materials, natural variation, and approvals.
Customer-supplied materials
When the Owner supplies material, SHAX is responsible for installation labor only. SHAX does not warrant manufacturer quality, batch consistency, availability, compatibility, dimensional accuracy, color, shade, 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.
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.
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.
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.
Substrates, moisture, hazardous materials, and work by others.
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.
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.
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.
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.
Preparation, dust, partial repairs, and maintenance.
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.
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.
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.
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.
Workmanship review, punch items, and exclusions.
Completion and punch list
Substantial completion occurs when the contracted work is usable for its intended purpose, even if minor corrective or touch-up items remain. The Owner should provide one written punch list within the period stated in the signed agreement or promptly after completion. Minor punch items do not automatically justify withholding the entire unpaid balance.
Workmanship warranty
Any workmanship warranty is the warranty stated in the signed project documents. No website statement expands that warranty. Warranty service requires reasonable access and prompt notice after an issue is discovered.
Common exclusions
Unless the signed agreement states otherwise, warranty coverage excludes customer-supplied materials, manufacturer defects, natural variation, structural or substrate movement, moisture or leaks outside SHAX’s scope, plumbing/electrical/glass failures, hazardous conditions, misuse, abuse, impact, improper maintenance, normal wear, sealant or grout maintenance, third-party alterations, and work performed by others.
Opportunity to inspect
Before another contractor removes or alters disputed work, the Owner should provide SHAX a reasonable opportunity to inspect and, where appropriate, propose correction. Emergency action needed to protect people or property is excepted.
When work may be paused or ended.
SHAX may suspend or terminate work, subject to the signed 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 of the project agreement.
A lawful suspension is not abandonment. The Owner remains responsible for work completed, approved change orders, delivered materials, protection and storage, demobilization, remobilization, and other amounts properly due. Any refund or credit is determined under the signed agreement, applicable cancellation rights, work performed, materials ordered, and supplier policies.
Notice, good-faith resolution, and California law.
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.
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.
Governing law and venue
California law governs these terms. Unless a signed agreement or applicable law requires otherwise, disputes relating to the website or a San Diego County project will be handled in an appropriate court or forum serving San Diego County, California.
Attorney fees and costs
Attorney fees, expert costs, collection costs, and court costs may be recovered only when authorized by a signed agreement or applicable law.
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.
Changes to these terms
SHAX may update this website page prospectively. The version in effect when a project document incorporates it may apply, but no online update changes an already signed contract unless the parties agree in writing.
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.
Effective date: September 15, 2026.
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Questions about a project agreement?
Send the project address, estimate or invoice number, and the term you want clarified. A signed project document controls over this general website summary.
Phone: (858) 348-7598
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