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StoneHardscapes, LLC Master Terms & Conditions of Sale

01. Orders & Binding Contract

Orders, sales proposals, purchase orders, etc. once executed shall constitute a binding contract of purchase and sale in accordance with the Terms & Conditions of Sale.

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02. No Warranties / Assumption of Risk

There are no representations or warranties, nor conditions expressed or implied, affecting this contract other than as expressed herein. The buyer assumes all risks and liability resulting from the use and/or installation of goods, whether used alone or in combination with other goods. Seller neither assumes nor authorizes any person or entity to assume for seller any liability in connection with the sale or use of the goods sold, and there are no oral agreements or warranty collateral to or affecting the Agreement other than what is specifically set forth herein.

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03. Taxes & Transportation Rates

AII orders are accepted, subject to prevailing Federal, State, and other taxes, and to transportation rates applying at the time of shipment.

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04. Sales Tax & Certificates

Sales tax will be charged based on delivery location unless a valid Sales Tax certificate is provided prior to shipment. If sales tax certificate is not provided prior to shipment, all tax will be collected at the prevailing rate; and it is the buyer’s responsibility to seek an appropriate refund from the tax collecting authority.

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05. Governing Law (Florida)

Any dispute with respect to the contract, its items, conditions, and enforcement, shall be governed by the laws of the state of Florida.

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06. Title, Ownership & Mechanics Lien Law

All materials will be the property of StoneHardscapes, LLC until final payment has been received, and shall be subject to the Mechanics Lien Law of each individual state.

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06a. Acceptance of Terms Without Signature

Buyer acceptance of any product, whether by written acknowledgement, email confirmation, payment or physical delivery, constitutes full acceptance of all terms and conditions stated herein and on StoneHardscapes’ Website at www.stonehardscapes.com whether or not this agreement is signed. These terms shall prevail in any legal or dispute resolution setting.

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06b. Natural Stone and Moisture-Related Discoloration

Natural stone, included but not limited to travertine, limestone, marble, coral stone, shell stone, basalt and granite, is a porous material that may absorb moisture and is susceptible to natural mineral oxidation and discoloration. Rust-like orange and brown spotting may occur after installation, especially in areas without proper drainage or under covered patios (lanais) where water is retained. This is a result of environmental conditions and improper installation, not a manufacturing defect. StoneHardscapes is not responsible for any discoloration or staining due to moisture retention or inadequate installation methods. We highly recommend the use of a mud-set installation for covered patio or lanai areas to minimize the risk of moisture retention and stone discoloration.

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06c. Porcelain Variation

Porcelain tiles are manmade. Shade variations will occur due to differences in dye lots and production runs. Each tile may vary slightly in tone, texture and sheen.  It is the responsibility of each installer to blend tiles from various boxes to verify shading acceptability with the property owner.  No claims will be accepted after the material is installed.

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06d. Fabrication Services

Standard fabrication lead times are 7 to 10 business days; remodeling projects require 15 – 20 business days. Rush order lead times are 3- 5 business days, based on availability, will incur a $200 rush fee and apply only to standard fabrication.  Standard fabrication includes cutting, bull nosed and eased edge finish.  A 5% waste and damage allowance must be added to all fabrication orders.  Lead times begin once full payment is received.

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07. Break-Crate Charges

For all quantities ordered less than full crates, there will be a $50.00 break-crate charge for each crate which needs to be opened to reach exact ordered quantities. Bullnose is not subject to a break-crate charge.

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08. Nominal Dimensions & Weights

All dimensions and weights are nominal and will vary within industry accepted standards for natural stone products.

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09. Natural Variation in Color, Texture & Thickness

Color, texture, and veining may vary due to variability of natural stone and other factors beyond our control. No guarantees are made for exact matches.

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10. Acceptable Waste Allowance

Up to 15% of total material purchased may be accounted for by cuts, breakage, waste and is considered acceptable.

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11. Pickup & Shipment Timeframe

Buyer agrees to pick-up or allow shipment of goods within 15 business days of original requested ship date indicated on signed sales proposal or PO. If the order is still not picked up after the extension it will be cancelled and must be resubmitted at current pricing and lead times when the buyer is ready to take delivery.

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12. Special Orders & Storage Fees

All Special Orders must ship within 10 days of arrival to StoneHardscapes location. On the 11th day, a storage charge of $50 per day will accrue until the date the order is picked up or shipped and will become C.O.D. The applicable balance due, including all storage fees, will need to be paid prior to shipment or pickup.

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13. In-Stock Order Notice Requirement

A 48-hour notice for in-stock items is necessary from the receipt of executed order prior to pick up and/or shipment of material.

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14. Delays Beyond Seller’s Control

Buyer accepts all responsibility for costs due to delays in delivery due to fire, floods, strikes, or any other condition or contingencies beyond the control of the seller.

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15. Curbside Delivery & Freight Responsibility

All deliveries are made curbside. Any deliveries made past the curb are the responsibility and risk of the buyer. The tractor-trailers used for delivery are not equipped to enter sites which are not readily accessible. Additional freight may be charged for excessive waiting or unloading time.

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16. Returns & Exchange Authorization

Buyer understands all requests for return or exchange must go through the StoneHardscapes, LLC review process. No returns will be accepted prior to completion of required documentation. All shipments will be declined without required return documentation.

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17. Freight, Labor & Storage Liability

Seller will under no condition be responsible for delivery, return or any other freight, labor, or storage fees. Rejected returns must be picked up within 24 hours or material will be disposed of at buyer’s expense.

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18. Restocking Fees

All returns are subject to a 30% restocking charge plus the cost of return freight.

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19. Installation & Material Acceptance

Installation, use, physical damage and/or staining of material by or in behalf of the buyer shall constitute acceptance and cannot be returned, refunded, or credited.

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20. Non-Refundable Merchandise

All 2nd quality, discontinued and/or sale merchandise is non-refundable. All patterns must be returned in full sets to receive credit.

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21. Ledgestone Final Sale

All ledgestone is final sale. StoneHardscapes will not be responsible for breakage during shipment. It is recommended to order an extra 20% for cuts and waste.

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22. Custom & Special Order Deposits

All custom or Special Orders require a minimum of a 75% deposit which is non-refundable deposit to initiate production. No cancellations, returns or modifications will be accepted once production has begun. Production and delivery times may vary and are subject to delays beyond seller’s control (including, but not limited to, production capacity, international logistics, customs or port delays).

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23. Large Quantity Special Orders

Any order exceeding 5,000 square feet will be treated as a Special Order and is subject to the same terms and conditions. A 75% non-refundable deposit is required to initiate processing. Production and delivery times may vary and are subject to conditions beyond the Seller’s control.

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24. Late Payments & Collection Costs

If invoice is not paid when due, interest will accrue at a rate of 1 ½% per month (18% per annum). The customer shall be liable for all costs of collection including a reasonable attorney’s fee, court costs or collection charge.

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25. C.O.D. Orders

C.O.D. orders require payment prior to shipment.

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26. Payment Obligations

Payments due from buyer are to be paid to StoneHardscapes, LLC.

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27. Seller Remedies Upon Default

Upon default by purchaser of any of the above terms, the seller may, at its option, exercise any or all of the following remedies: Seller may refuse to perform any additional matter included in the agreement, including, but not limited to, delivery of additional goods; and/or seller may hold purchaser liable for restocking fees for undelivered goods; and/or seller may sell any undelivered material at public or private sale, with the purchaser being responsible for the original invoice price, less net sale proceeds (“net sale proceeds” shall include allowance for the costs of advertising, storage, insurance, broker and auction fees, and the like).

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28. Warranty Disclaimer

StoneHardscapes, LLC does not provide any warranty, express or implied, regarding the performance, durability, or fitness of the products sold, including but not limited to natural stone and porcelain materials. All products are sold “as is.” Natural stone is a product of nature and may contain variations in color, veining, texture, porosity and thickness. These natural characteristics are not considered defects. StoneHardscapes, LLC is not responsible for labor costs, installation errors, replacement costs, loss of use, or any consequential damages. By signing below, I am in agreement with the above stated terms and conditions. This is a master contract which is effective for all sales orders, invoices, and any other related transactions with StoneHardscapes, LLC.

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This is a master contract which is effective for all sales orders, invoices, and any other related transactions with StoneHardscapes, LLC.

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