stone samples

STONE SOURCE INTERNATIONAL, INC. GENERAL TERMS AND CONDITIONS

Stone Source International, Inc. (the “Company,” as defined below) hereby agrees to furnish to Customer (as defined below) the personnel, technical advice, recommendations, and services and to provide the equipment, materials, supplies, and labor set out in any related work order, purchase order or other form agreed to by Company (collectively, the “Services”), subject to and in consideration of the following terms and conditions (the “Terms”):
 
1. GENERAL
1.1. “Company” means Stone Source International, Inc., and its officers, directors, employees, agents, consultants, servants and invitees of each of them.
1.2. “Customer” means the party requesting the Services.
1.3. The Terms take precedence over any alternative terms in any other document connected with the Services.  The Terms constitute the sole and entire agreement governing the provision of Services by Company to Customer and supersede (a) all prior discussions and agreements between Customer and Company, (b) other inconsistent terms submitted by Customer and (c) any conflicting provisions of any contract, work order, purchase order or other similar document issued by Customer at any time. The Terms may not be altered or amended unless agreed to in writing by Customer and Company. Customer shall be deemed to have accepted these Terms upon signing any Drawing or Receipt or when Customer receives any Services without previously providing to Company written notice of rejection of the Terms. Any contract, work order, purchase order or similar document submitted by Customer to acknowledge these Terms containing conflicting or additional terms and conditions is hereby rejected unless expressly agreed to in writing by Company.

2. SERVICES
2.1. Company shall provide the Services in a good and workmanlike manner.  Company is and shall be an independent contractor and neither Company nor anyone employed by Company shall be the agent, representative, employee or servant of Customer in the performance of the Services.
2.2. Company reserves the right to terminate the Services at any time in its sole discretion. Customer shall pay Company its prevailing charges for Services performed up to the date of termination.

3. LIMITED WARRANTY AND DISCLAIMER
3.1. Within 15 days of receipt of stone materials supplied by Company or such other time period as agreed between Company and Customer in writing, Customer will notify Company of any breakage and provide Company with pictures of any breakage.  Unless Customer notifies Company of breakage pursuant to this section, stone materials supplied by Company will be deemed to have been received by Customer in good order.
3.2. COMPANY WARRANTS ITS STONE PRODUCTS TO BE IN GOOD ORDER, MERCHANTIBLE AND FIT FOR ORDINARY USE AS INDICTED IN ANY COMPANY WORK ORDER, SALES ORDER OR PURCHASE ORDER FOR A PERIOD OF ONE YEAR FROM THE DATE OF PURCHASE.  ALL EXPRESS AND IMPLIED WARRANTIES FOR STONE MATERIALS FABRICATED OR SUPPLIED BY COMPANY INCLUDING THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE LIMITED IN DURATION TO A PERIOD OF ONE YEAR FROM THE DATE OF PURCHASE, AND NO WARRANTIES, WHETHER EXPRESS OR IMPLIED, WILL APPLY AFTER THIS PERIOD.
3.3. If the stone materials supplied by Company are not in good order as warranted above, Customer’s sole remedy shall be replacement of the materials.
3.4. Company makes no warranty concerning, and shall not be liable for any loss, costs, damages or expenses incurred or sustained by Customer resulting from any defect in equipment, materials, supplies or services furnished by others, whether or not requested by Company.
3.5. For any order delivered in Louisiana, customer acknowledges that any sale of materials included in Company’s Services is in an "AS IS" condition, and accordingly, Customer hereby waives, relieves and releases Company, Company’s agents and all previous owners thereof from any and all claims for any vices or defects in said materials, whether obvious or latent, known or unknown, easily discoverable or hidden, and particularly for any claim or cause of action for redhibition pursuant to Louisiana Civil Code Articles 2520, et seq., or for reduction of purchase price pursuant to Louisiana Civil Code 2541, et seq.
3.6. The foregoing warranties are exclusive and in lieu of all other warranties and guarantees.

4. INDEMNIFICATION
4.1. CUSTOMER SHALL BE RESPONSIBLE FOR AND SHALL INDEMNIFY, DEFEND, RELEASE AND HOLD HARMLESS COMPANY FROM AND AGAINST ANY AND ALL CLAIMS, LOSSES, DAMAGES, COSTS (INCLUDING REASONABLE ATTORNEYS’ FEES AND COURT COSTS), EXPENSES, LIABILITIES, AND CAUSES OF ACTION OF ANY KIND OR CHARACTER ARISING FROM OR RELATING TO THE PERFORMANCE OF THE SERVICES IN RESPECT OF LOSS OF OR DAMAGE TO PROPERTY OR PERSONAL INJURY, INCLUDING DEATH TO CUSTOMER AND ITS AFFILIATES AND THE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, CONSULTANTS, SERVANTS AND INVITEES OF EACH OF THEM.

5. APPROVAL
5.1. Customer has reviewed any Company cut drawings and: (1) knows that all parties involved in the approval of the cut drawings are in agreement that the cut drawings are correct; (2) understands that all stones are a product of nature and that natural variations in color/pattern/texture will occur between and within raw and fabricated stones; (3) approves all aspects of the cut drawings and the fabrication of materials pursuant to the cut drawings; and (4) acknowledges that the cut drawings and the Services will be governed by the these Terms.

6. MISCELLANEOUS
6.1. Company will not be responsible for any delays or damages caused by events of force majeure or any other occurrences beyond Company’s control, including without limitation acts of God, war or preparations for war, fire, flood, hurricane, strike or other labor unrest, riot, act of terrorism, embargo, inability of Company to obtain products from usual sources, or delays in manufacturing or transportation. Force majeure shall not, however, excuse payment by Customer to Company prior to, during, or subsequent to such force majeure.
6.2. Any controversy or claim arising out of or in relation to the Terms or breach thereof shall be settled by mediation under the Construction Industry Mediation Rules of the American Arbitration Association. If within 30 days (or such longer period as agreed to in writing by Company and Customer) after service of a written demand for mediation, the mediation does not result in settlement of the dispute, then any unresolved controversy or claim arising from or relating to these Terms or breach thereof shall be settled through arbitration where the parties choose an arbitrator.  Should the parties be unable to choose an arbitrator within 30 days of such demand for arbitration, then the arbitration will be administered by the American Arbitration Association in accordance with its Construction Industry Arbitration Rules and pursuant to its Fast Track procedures.  Judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction.

Featured Stone

Verde Giada

Verde Giada

Country of origin: Italy

Type: Marble

Pattern: Veined

Color: Green

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