Terms and Conditions

Last Updated: June 4, 2025

1.) ACCEPTANCE OF TERMS
Welcome to www.rooftileperkus.com (“Website”), owned and operated by Roof Tile Perkus (“Company,” “we,” “us,” or “our”). By accessing or using our Website, ordering our products, or using any of our services, you (“User,” “you,” or “your”) agree to be bound by these Terms and Conditions (“Terms”). If you do not agree to all of these Terms, you must not access or use our Website or services.

PLEASE READ THESE TERMS CAREFULLY BEFORE USING OUR WEBSITE OR PURCHASING OUR PRODUCTS. THESE TERMS CONTAIN IMPORTANT INFORMATION REGARDING LIMITATIONS OF OUR LIABILITY, YOUR LEGAL RIGHTS, AND MANDATORY ARBITRATION OF DISPUTES.

We may modify these Terms at any time in our sole discretion. Any changes will be effective immediately upon posting on the Website. Your continued use of the Website following the posting of revised Terms means you accept and agree to the changes. You are expected to check this page frequently so you are aware of any changes.

2.) PRODUCTS AND SERVICES

2.1.) Product Information
All descriptions, images, references, features, content, specifications, products, and prices of products and services described or depicted on the Website are subject to change at any time without notice. The inclusion of any products or services on the Website does not imply or warrant that these products or services will be available at any particular time.

2.2.) Product Variations
Roof tiles are made from natural materials and are subject to variations in color, texture, and size. Samples, photographs, or digital representations are for general reference only and should not be relied upon to show exact color, texture, or appearance of delivered products. Minor imperfections, color variations, and dimensional variations are normal characteristics of roof tiles and are not considered defects.

2.3.) Availability and Pricing
All products are subject to availability. We reserve the right to discontinue any product at any time. Prices for our products are subject to change without notice. We shall not be liable to you or any third party for any modification, price change, suspension, or discontinuance of any product.

3.) ORDERING AND PAYMENT

3.1.) Order Acceptance
All orders placed through the Website or other means are subject to our acceptance. We may, at our sole discretion, refuse to accept an order for any reason. After receiving your order, we will send you an email confirming receipt of your order. This email confirmation will constitute our acceptance of your order.

3.2.) Payment Terms
Payment must be received by us prior to our acceptance of an order. We accept payment via the methods specified on the Website or other means. You represent and warrant that you have the legal right to use any payment method(s) you provide in connection with any order.

3.3.) Taxes
You are responsible for all applicable taxes, duties, and other governmental assessments associated with your purchase.

4.) DELIVERY AND INSPECTION

4.1.) Delivery
Delivery dates provided by us are estimates only and are not guaranteed. We are not liable for any delays in shipments. Risk of loss and title for items purchased from the Website or other means pass to you upon delivery of the items to the carrier.

4.2.) Inspection
You must inspect all products promptly upon receipt. You must notify us in writing of any damaged, defective, or incorrect products within five (5) business days of delivery. Failure to provide such notice within the specified time period will constitute acceptance of the products as delivered.

5.) LIMITED WARRANTY

5.1.) Limited Product Warranty
We warrant that our roof tiles will be free from manufacturing defects that result in water leakage under normal conditions and proper installation for a period of seventy (70) years from the date of original purchase. This warranty is limited to the original purchaser and the first transferee of the structure on which the tiles are installed, provided that the transfer of the warranty occurs within the first five (5) years after the original installation.

5.2.) Warranty Exclusions
This limited warranty does not cover:
• Damage resulting from improper installation, maintenance, or repair;
• Damage due to alterations or modifications of the roof after installation;
• Damage caused by impact of foreign objects, foot traffic, or walking on the roof;
• Damage from extreme weather conditions including, but not limited to, hurricanes, tornadoes, floods, earthquakes, or other acts of God;
• Damage from settlement, structural movement, or failure of the structure;
• Color variations, efflorescence, or weathering;
• Growth of mold, mildew, fungi, bacteria, or any organism on any surface of the tiles;
• Damage from chemicals, paints, solvents, or cleaning methods;
• Damage from failure to properly maintain the roof;
• Damage from any cause other than manufacturing defects;

5.3.) Remedy
If our roof tiles fail to conform to this limited warranty, we will, at our option, either repair or replace the defective tiles or refund the original purchase price of the defective tiles. Labor costs for removal of defective tiles and installation of replacement tiles are not covered by this warranty. Our liability under this warranty is limited to the original purchase price of the defective tiles.

5.4.) Warranty Claims
To make a warranty claim, you must notify us in writing within thirty (30) days after discovery of the alleged defect and within the warranty period. Your notice must include (1) proof of purchase, (2) date of installation, (3) description of the alleged defect, and (4) photographs of the alleged defect. We reserve the right to inspect any roof that is the subject of a warranty claim.

5.5.) Warranty Registration
To activate this limited warranty, you must register your purchase within thirty (30) days of installation by sending a formal contact through the Website, with (1) proof of purchase, (2) date and correct (3) installation address.

6.) DISCLAIMER OF WARRANTIES
EXCEPT FOR THE EXPRESS LIMITED WARRANTY SET FORTH ABOVE, THE PRODUCTS ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE EXPRESSLY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

WE DO NOT WARRANT THAT THE PRODUCTS WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE PRODUCTS WILL BE UNINTERRUPTED OR ERROR-FREE. WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE PRODUCTS IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. IN THAT EVENT, ANY IMPLIED WARRANTIES ARE LIMITED IN DURATION TO NINETY (90) DAYS FROM THE DATE OF DELIVERY OF THE PRODUCTS.

7. LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL WE, OUR AFFILIATES, OR OUR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (i) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE PRODUCTS; (ii) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY WITH RESPECT TO THE PRODUCTS; (iii) ANY CONTENT OBTAINED FROM THE PRODUCTS; AND (iv) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, WHETHER OR NOT WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE.

IN NO EVENT SHALL OUR AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE PRODUCTS EXCEED THE GREATER OF ONE HUNDRED U.S. DOLLARS ($100) OR THE AMOUNT PAID BY YOU TO US FOR THE PRODUCTS AT ISSUE IN THE TWELVE (12) MONTH PERIOD PRECEDING THE EVENT GIVING RISE TO THE CLAIM.
THE LIMITATIONS OF THIS SECTION SHALL APPLY TO ANY THEORY OF LIABILITY, WHETHER BASED ON WARRANTY, CONTRACT, STATUTE, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, AND WHETHER OR NOT WE HAVE BEEN INFORMED OF THE POSSIBILITY OF ANY SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

8. INDEMNIFICATION
You agree to defend, indemnify, and hold harmless the Company, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms or your use of the Website or products, including, but not limited to, any use of the Website’s content, services, and products other than as expressly authorized in these Terms.

9.) INTELLECTUAL PROPERTY

9.1.) Ownership
The Website and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof), are owned by the Company, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

9.2.) Limited License
Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, non-sublicensable license to access and use the Website for your personal, non-commercial use. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Website, except as generally and ordinarily permitted through the Website according to these Terms.

9.3.) Trademarks
The Company name, logo, and all related names, logos, product and service names, designs, and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs, and slogans on this Website are the trademarks of their respective owners.

10.) USER CONTENT

10.1.) User Contributions
The Website may contain message boards, chat rooms, personal web pages or profiles, forums, bulletin boards, and other interactive features (collectively, “Interactive Services”) that allow users to post, submit, publish, display, or transmit to other users or other persons (hereinafter, “post”) content or materials (collectively, “User Content”) on or through the Website.

10.2.) License Grant
By posting User Content on or through the Website, you grant us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns a non-exclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display such User Content throughout the world in any media.

10.3.) Representations and Warranties
You represent and warrant that (i) you own or control all rights in and to the User Content and have the right to grant the license granted above, and (ii) all of your User Content does and will comply with these Terms.

11.) PROHIBITED USES
You may use the Website only for lawful purposes and in accordance with these Terms. You agree not to use the Website:
• In any way that violates any applicable federal, state, local, or international law or regulation;
• For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way;
• To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation;
• To impersonate or attempt to impersonate the Company, a Company employee, another user, or any other person or Entity;
• To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website, or which, as determined by us, may harm the Company or users of the Website, or expose them to liability;

12.) GOVERNING LAW AND JURISDICTION
These Terms and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of the State of Florida, without giving effect to any choice or conflict of law provision or rule. Any legal suit, action, or proceeding arising out of, or related to, these Terms or the Website shall be instituted exclusively in the federal courts of the United States or the courts of the State of Florida, although we retain the right to bring any suit, action, or proceeding against you for breach of these Terms in your country of residence or any other relevant country.

13.) ARBITRATION

13.1.) Agreement to Arbitrate
You and the Company agree that any dispute, claim, or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation, or validity thereof or the use of the Website or products (collectively, “Disputes”) will be settled by binding arbitration, except that each party retains the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights.

13.2.) Waiver of Jury Trial
YOU AND THE COMPANY HEREBY WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO SUE IN COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY. You and the Company are instead electing that all Disputes will be resolved by arbitration under this Section 13.

13.3.) Waiver of Class Actions
ALL DISPUTES WILL BE RESOLVED ON AN INDIVIDUAL BASIS. CLASS ARBITRATIONS, CLASS ACTIONS, PRIVATE ATTORNEY GENERAL ACTIONS, AND CONSOLIDATION WITH OTHER ARBITRATIONS ARE NOT PERMITTED.

13.4.) Arbitration Procedures
The arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes then in effect. The arbitration will be conducted in North Miami, Florida. The arbitrator’s award will be final and binding and may be entered as a judgment in any court of competent jurisdiction.

14.) MISCELLANEOUS

14.1.) Entire Agreement
These Terms constitute the entire agreement between you and the Company regarding your use of the Website and supersede all prior and contemporaneous written or oral agreements between you and the Company.

14.2.) Waiver and Severability
No waiver by the Company of any term or condition set out in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms will continue in full force and effect.

14.3.) Assignment
These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by the Company without restriction.

14.4.) Force Majeure
The Company shall not be liable or responsible to you, nor be deemed to have defaulted or breached these Terms, for any failure or delay in fulfilling or performing any term of these Terms when and to the extent such failure or delay is caused by or results from acts or circumstances beyond the reasonable control of the Company including, without limitation, acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion or hostilities (whether war is declared or not), terrorist threats or acts, riot, or other civil unrest, national emergency, revolution, insurrection, epidemic, pandemic, lockouts, strikes or other labor disputes, or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, materials or telecommunication breakdown or power outage.

14.5.) Contact Information
Questions or comments about the Website or these Terms may be directed to the Company at:
Roof Tile Perkus
3909 NE 163th Street STE 205
North Miami, FL 33160
americas@rcasagrande.com.br
+1 (305) 783-7701

15.) CALIFORNIA RESIDENTS
If you are a California resident, you may have certain additional rights. California Civil Code Section 1798.83 permits users who are California residents to request and obtain from us once a year, free of charge, information about the personal information (if any) we disclosed to third parties for direct marketing purposes in the preceding calendar year. Additionally, California residents under the age of 18 who are registered users of the Website have the right to request and obtain removal of content or information they have publicly posted on the Website. To make such a request, please contact us using the contact information provided above.

BY USING THIS WEBSITE OR PURCHASING OUR PRODUCTS, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF USE, UNDERSTAND THEM, AND AGREE TO BE BOUND BY THEIR TERMS AND CONDITIONS.