Damages Policy

Tile, stone, and slab material is heavy and brittle, and a small percentage of breakage in transit is normal in this industry. This page explains what to do if your shipment arrives damaged or short, and how quickly you need to act.

Please read this before your delivery arrives.

Summary

  1. Inspect every pallet and carton before you sign the delivery receipt.
  2. Write any damage or shortage on the receipt before signing.
  3. Photograph everything.
  4. Contact Orion Flooring right away — same day for visible damage, within 5 business days for concealed damage.
  5. Do not install damaged material.
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Inspection at Delivery

When the truck arrives, before the driver leaves:

  • Count the pallets and cartons against your packing list
  • Walk around each pallet and look for crushed corners, punctured wrap, broken banding, water staining, or a pallet that is leaning or shifted
  • Open cartons where practical and check the material itself
  • Photograph the pallet on the truck, on the ground, and any damage you find

The carrier is required to give you a reasonable opportunity to inspect. If a driver refuses, note that refusal on the delivery receipt.

Notation on the Delivery Receipt

This is the step that protects you.

Write a clear, specific description on the delivery receipt or bill of lading before you sign — for example, “Pallet 2 of 3: shrink wrap torn, approx. 12 tiles broken, corner crushed” or “1 carton short.”

Do not write only “subject to inspection.” Vague notations are frequently rejected by carriers.

If you sign a clean delivery receipt with no notation, you are confirming that the shipment arrived complete and in good condition, which makes a freight claim substantially harder to win.

Refusal of Delivery

If a shipment is severely damaged, you may refuse the entire delivery or the damaged portion. Note the reason for refusal on the receipt and contact us immediately so we can arrange replacement.

Concealed Damage

Damage that could not reasonably have been seen at delivery — broken material inside an otherwise intact carton, for example — is called concealed damage.

Report concealed damage to Orion Flooring as soon as you discover it, and within 5 business days of delivery. Freight carriers generally require concealed damage claims to be filed within 15 days, so the sooner you tell us, the more options we have.

Keep all original packaging, pallets, and banding until the claim is resolved. Carriers routinely require an inspection of the packaging as part of the claim, and discarding it can end the claim.

If you discover concealed damage outside this window, contact us anyway — we will do what we reasonably can, though our ability to recover from the carrier may be limited.

Filing a Damage Claim

Contact us with:

  • Your order or invoice number
  • The delivery date
  • A photo of the signed delivery receipt showing your notation
  • Photos of the damaged material, the carton, and the pallet
  • The approximate quantity affected (pieces, cartons, or square footage)
  • The batch, lot, or shade number printed on the carton

Phone: (714) 936-6549 (Anaheim) · (760) 956-2646 (Hesperia) Online: orionflooring.com/contact-us In person: any Orion Flooring showroom

Claim Review and Resolution

Once we receive your report, we will typically:

  1. Review the documentation and confirm the claim
  2. Check availability of replacement material in the same shade lot where possible
  3. Arrange a replacement shipment, credit, or refund for the affected quantity

Replacement material is subject to availability and normal lead times. If the original shade lot is sold out, we will discuss options with you — a substitute lot, a different product, or a refund.

Installation of Damaged Material

Installation constitutes acceptance. Once material has been cut, set, glued, or nailed down, neither we nor the manufacturer can honor a damage or defect claim on it, including the labor to remove and replace it.

If something looks wrong — wrong color, wrong size, chipped edges, warped planks, mixed shade lots on the same pallet — stop and call us before your installer touches it.

Breakage Allowance and Overage

A small amount of breakage is expected, and it is one reason the industry standard is to order 10–15% overage. Breakage falling within normal allowance, and material broken during cutting or installation, is not covered by this policy. Please plan quantities accordingly and keep leftover material for future repairs.

Product Variation

Natural stone and through-body porcelain vary in color, veining, and texture by nature. Variation between pieces, or between your material and a sample or website photograph, is a characteristic of the product and is not damage or a defect. We recommend dry-laying material from several cartons before installation to blend variation evenly.

Manufacturer Defects

If material is intact but you believe it is defective — glaze faults, out-of-square pieces, delamination, structural flaws — this is a manufacturer warranty claim, not a freight claim. Report it before installation. Warranty terms, coverage, and remedies are set by the manufacturer, and Orion Flooring will help you submit the claim.

Customer Storage Responsibilities

Once material has been delivered and accepted, it is your responsibility to store and protect it. Please keep material:

  • Indoors or under cover, off the ground, and dry
  • Away from direct sun and freezing conditions
  • Stacked flat on a level surface; slabs stored upright in an A-frame

Orion Flooring is not responsible for material damaged after acceptance by weather, job-site traffic, improper storage, other trades, or your installer.

Property Damage During Delivery

If a delivery driver damages your property, document it immediately with photos, note it on the delivery receipt, and contact us the same day.

Deliveries beyond the curb, over soft ground, or through tight access are made at the customer’s request and risk, and we are not responsible for damage to driveways, landscaping, gates, or structures resulting from access you asked us to attempt. This does not limit our responsibility for damage caused by our own negligence.

Limitation of Liability

For damaged or defective merchandise, our liability is limited to replacement of the material or refund of its purchase price, at our option. Orion Flooring is not liable for labor, installation, removal, disposal, contractor fees, storage costs, delays, or other incidental or consequential damages.

This limitation does not apply to personal injury, fraud, willful misconduct, gross negligence, or any liability that cannot be limited under California law, including California Civil Code § 1668 and the Song-Beverly Consumer Warranty Act.

Orion Flooring Anaheim: 1301 S State College Blvd #B, Anaheim, CA 92806 — (714) 936-6549 Hesperia: 11908 Mariposa Rd #3, Hesperia, CA 92345 — (760) 956-2646 Rialto: 363 W Valley Blvd, Rialto, CA 92376 Web: orionflooring.com

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