StoneHardscapes, LLC Master Terms & Conditions of Sale
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.
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.
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.
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.
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.
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.
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.
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.
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.
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).
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.
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).
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.
This is a master contract which is effective for all sales orders, invoices, and any other related transactions with StoneHardscapes, LLC.
