Terms of Sale
PLEASE READ THIS DOCUMENT CAREFULLY. IT CONTAINS IMPORTANT INFORMATION ABOUT YOUR RIGHTS AND OBLIGATIONS, AS WELL AS LIMITATIONS AND EXCLUSIONS THAT APPLY TO YOU.
This Agreement contains the terms and conditions that apply to customers for purchases from Wholesale Stone, LLC (hereinafter referred to as “Wholesale Stone”) dba Travertine Mart (“Travertine Mart”) and the Wholesale Stone and Travertine Mart entities named on the invoice that will be provided to you (“Customer”) on orders for products sold. Customer agrees to be bound by and accepts this Agreement as applicable to Customer’s purchase of product(s) from Wholesale Stone, and/or the Travertine Mart Internet Website (www.TravertineMart.com) hereinafter named the “Site.” As a condition of sale, Customer agrees to be bound by and accepts these terms and conditions. These terms and conditions apply (i) unless Customer has signed a separate formal purchase Agreement with Travertine Mart, in which case the separate Agreement shall govern; or (ii) unless other Travertine Mart standard terms apply to the transaction as noted herein or elsewhere. These terms and conditions are subject to change without prior written notice at any time, in Travertine Mart’s sole discretion.
1. ORDER ACCEPTANCE POLICY
Customer’s receipt of an electronic or other form of order confirmation does not signify Travertine Mart’s acceptance of Customer’s order, nor does it constitute confirmation of Travertine Mart’s offer to sell. All orders are accepted in the State of Florida, United States of America. Travertine Mart reserves the right at any time after receipt of Customer’s order to accept or decline Customer’s order for reasonable cause including but not limited to lack of availability of products, failure by Customer to satisfy payment terms, and/or breach by Customer of this Agreement. If payment has been remitted for the purchase and Travertine Mart cancels Customer’s order, Travertine Mart shall forthwith issue a refund equal to the amount remitted for the unaccepted or cancelled order.
2. PAYMENT TERMS
Terms of payment are within Travertine Mart’s sole discretion and unless otherwise agreed to by Travertine Mart, payment must be received or otherwise authorized or secured in a form approved by Travertine Mart prior to Travertine Mart’s acceptance of an order. Payment for the products will be made by approved credit card, wire transfer, electronic funds transfer or some other prearranged payment method agreed to by Travertine Mart. Invoices are due and payable upon receipt, by the payment date(s) specified through electronic (including but not limited to e-mail), facsimile (fax) and/or verbal confirmation between Travertine Mart and the customer. Travertine Mart may invoice parts of an order separately. Orders are not binding upon Travertine Mart until accepted by Travertine Mart (see Order Acceptance Policy). Any quotations given by Travertine Mart will be valid for the period stated on the quotation. Travertine Mart reserves the right to adjust or cancel quotations as required. All bounced check or NSF fees to be paid by Customer. In such cases, Travertine Mart has the right to cancel the order and to terminate future business with said Customer.
Travertine Mart has created a Freight Estimator software that provides buyers with instant estimated freight charges online. The estimated rates provided by Travertine Mart are based on origin and destination locations, volume, weight, season and constantly fluctuating fuel costs and, therefore, are subject to change at any time. Customer acknowledges and agrees that the Freight Estimator is solely for planning purposes and is just an estimate; it is not a guaranteed price. Customer must submit the estimate to Travertine Mart in order to get an exact freight cost.
Customer is responsible for all costs related to shipping product to the location specified by Customer. It is Customer’s responsibility to provide contact information that allows the shipper to contact Customer when shipment is made. Shipping rates given by Travertine Mart are for standard pick-up and delivery only. Additional storage and/or shipping charges and other warehouse charges will apply if Customer can not be contacted, is not available, rejects the shipment, gave the wrong address, changed their mind, does not have the means to unload or is not prepared to receive product; or if product is redirected upon Customer’s request. Travertine Mart contracts third-party shippers and is solely the shipping facilitator. Delivery times must be communicated between Customer and the third-party transportation company. Travertine Mart is not liable for delays in delivery times. Customers have the right to arrange for their own transportation company.
Depending on the location of the customer and quantity of material ordered, the transportation company may offer a lift gate service at delivery for an additional fee. If a lift gate is available, customer will be notified by Travertine Mart on the Estimate. If a delivery is with lift gate service, the transportation company is only responsible for unloading materials where they see fit. Liftgate may not be used on rough terrains, steep driveways, slopes and all other inaccessible areas and can only be used at the discretion of the carrier. In the case that the carrier can not provide the lift gate service due to inaccessibility or any other reason, carrier will unload the products at the best available location. Customer is responsible for freight charges if he/she has refused delivery due to inaccessibility. Customer is responsible from informing Travertine Mart regarding any accessibility issues before placing the order. Customer will not be eligible for lift gate service in the case of inaccessibility.
If a shipping rate is quoted at an incorrect rate due to typographical error or error in pricing information received from Travertine Mart suppliers, Travertine Mart shall have the right to refuse, adjust, or cancel any orders placed whether or not the order has been confirmed or whether or not payment has been remitted.
If Customer decides to return goods ordered from Travertine Mart, Customer shall arrange for and incur all shipping charges for the material to be sent back to and unloaded at Travertine Mart’s warehouse.
Customers within Florida are required to pay Florida State Sales Tax on the cost of the goods, excluding transportation costs, and that which Travertine Mart will automatically add to the order. Customers are responsible for all sales, use, excise, value-added and other charges associated with the order, however designated, including any duties, clearance charges or other destination charges. If applicable, a separate charge for such items will be shown on Travertine Mart’s invoice.
5. TITLE; RISK OF LOSS
Title to product passes from Travertine Mart to Customer upon completion of shipment of product to Customer by Travertine Mart, unless otherwise stated in terms of purchase (e.g. Letter of Credit). Any loss or damage to products that occurs during shipping must be filed directly with the transportation company. Loss or damage to products that occurs during shipping by a carrier selected by Customer is Customer’s responsibility. Loss or damage to products that occurs during installation is Customer’s responsibility. Travertine Mart will never be responsible for costs related to installation or repairs either before a material has been installed or after the fact for any reason.
Due to the nature of Travertine and natural stone, Travertine Mart makes no warranties, whether express, implied or statutory, on the material it sells; including any implied warranty of merchantability, environmental suitability or fitness for a particular purpose or environment.
It is the responsibility of the Customer to seek professional advice and to contract a licensed and insured installer. Travertine Mart may occasionally recommend installers as a convenience to Customer, however Travertine Mart does not employ the Installer and is not liable for the work of the Installer or any advice that the Installer provides. Travertine Mart is not responsible for damages or loss that may occur after product has been installed. Travertine Mart is not responsible for loss or damages arising from installation advice, poor installation or the use of sealers, enhancers or other cleaning products.
Customer is responsible for inspecting freight for shortages or signs of damage beyond 4% immediately upon receipt of goods. Customer must inspect material at the time of delivery, or otherwise waive any right to transportation damage claims. Any freight damage claims must be noted directly on the delivery paperwork and filed directly with the transportation company immediately upon receipt of materials (see 9. “Limitation on Damages”). Travertine Mart is not liable for damages that occur during transportation, but will provide necessary documentation to assist customer with his or her claim with the transportation company.
Travertine Mart ensures that no more than 4% of goods in each shipment will leave its warehouse broken. Any material shortages must be submitted in writing to Travertine Mart within 7 days from the date the order was delivered.
In the unlikely case that goods are damaged beyond 4% (with the exception of freight damage), Travertine Mart will arrange to either re-ship damaged product (at Travertine Mart’s expense) or provide to the customer a compensation credit for the value of the goods damaged. Travertine Mart may require a photograph or digital image of the damaged or defective product. In some cases an on-site inspection of the product will be required.
Travertine Mart shall not be liable for special or consequential damages or for any damages arising out of or caused by: (1) Delay, (2) Acts of God or the public enemy, (3) The Authority of the law, (4) Strikes, riots or quarantine, (5) The inherent nature or vice of the goods transported
TRAVERTINE MART EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES, GUARANTEES OR REPRESENTATIONS, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. TRAVERTINE MART ALSO DISCLAIMS ANY IMPLIED WARRANTY ARISING OUT OF TRADE USAGE OR OUT OF A COURSE OF DEALING OR COURSE OF PERFORMANCE. TRAVERTINE MART DOES NOT WARRANT THAT THE PRODUCT(S) WILL BE ERROR-FREE, OR WARRANT THAT EACH DEFECT WILL BE CORRECTED. TRAVERTINE IS A NATURAL STONE AND THEREFORE IS NOT MANUFACTURED PERFECT. TRAVERTINE MART DOES NOT WARRANT THAT ALL PRODUCTS COMPLY WITH SPECIFIC GEOGRAPHICAL COMPLIANCE OR REGULATORY RESTRICTIONS. IT IS CUSTOMER’S RESPONSIBILITY TO ENSURE THAT USE OF PRODUCTS PURCHASED COMPLIES WITH LOCAL JURISDICTION CODES AND WITH ALL REGIONAL, NATIONAL AND INTERNATIONAL LAWS AND REGULATIONS.
9. LIMITATION ON DAMAGES
TRAVERTINE MART DOES NOT ACCEPT LIABILITY BEYOND THE REMEDIES SET FORTH HEREIN. TRAVERTINE MART WILL NOT BE LIABLE FOR LOST PROFITS, LOSS OF REVENUE OR OF BUSINESS OR OTHER CONSEQUENTIAL, SPECIAL, INDIRECT, OR PUNITIVE DAMAGES, EVEN IF THEY WERE FORESEEABLE OR IF TRAVERTINE MART WAS ADVISED OF THE POTENTIAL OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY THIRD PARTY EXCEPT AS EXPRESSLY PROVIDED HEREIN. CUSTOMER AGREES THAT FOR ANY LIABILITY RELATED TO THE PURCHASE OF PRODUCTS OR SERVICES, TRAVERTINE MART IS NOT LIABLE OR RESPONSIBLE FOR ANY AMOUNT OF DAMAGES ABOVE THE AGGREGATE DOLLAR AMOUNT PAID BY CUSTOMER FOR THE PURCHASE(S) UNDER THIS AGREEMENT. THIS LIMITATION WILL APPLY REGARDLESS OF THE FORM OF ACTION (I.E. WHETHER THE LAWSUIT IS IN CONTRACT OR IN TORT, INCLUDING NEGLIGENCE).
10. NATURE OF TRAVERTINE
Natural stone is a product of nature and is therefore subject to natural variation of color, shading, veins, markings and texture from piece to piece. Shade variation is an inherent characteristic of natural stone. No two stones will ever be the same. Samples sent by Travertine Mart are intended to be average representations of the product only. In some instances, samples may display natural color variation from the actual product. Travertine Mart highly recommends and agrees to send, upon request, pictures of the actual lot of Travertine before shipment. We extend no guarantees, expressed or implied, as to exact color, slipperiness, wear resistance, maintenance procedures or installation techniques. All natural stone is subject to some wear and/or scratching over time. Food and other acids may stain or etch the surfaces of some stones. All products are provided in untreated form – no sealer is applied. We recommend sealing Travertine if it is to be installed in a high traffic area.
As a convenience to Customer, Travertine Mart ships 8″x8″ or 6″x12″ color samples, depending upon availability, of the Travertine marketed and sold by Travertine Mart. Samples sent by Travertine Mart are intended to be average representations of the product only. Travertine Mart is unable to send samples of actual Travertine Pool Coping; client will receive 8″x8″ or 6″x12″ color samples of the corresponding Travertine Paver. In some instances, samples may display natural color variation from the actual product. Travertine Mart agrees to reimburse Customer the entire cost of their sample order when the Customer purchases 500 sqft or more of Travertine from Travertine Mart.
12. CUSTOM ORDERS
Customers who contract Travertine Mart for Custom Orders are not able to return the product for any reason and will not be issued a refund. All Custom Orders, arriving under the contractually specified condition, are Final Sale. The Customer cannot cancel custom Orders once fabrication has begun. Any payments and/or deposits paid are non-refundable in the circumstance that the Customer changes their mind. If Travertine Mart has not manufactured the item according to the contract set forth between Travertine Mart and Customer, Travertine Mart shall take full responsibility to fix the order according to the specifications of the contract.
13. RETURN POLICY
Travertine Mart has a 31-day Money Back Guarantee. Any and all requests for returns must be submitted in writing and approved by Travertine Mart in writing within 31 days of delivery of the material to the Customer. The product must be returned in its entirety, in its original form and in the same condition as when it arrived at the original destination and must not have been installed, removed and then returned. By “original form,” we mean in it’s natural state. By “in the same condition as when it arrived,” we mean that if the pallet was delivered on a pallet or a crate, the material must be returned to us packaged on said pallet or crate. The product returned must match the product authorized for return. Travertine Mart will arrange for pick-up of the product. Customer will pay all Return Shipping Fees to ship the material back to and to be unloaded at Travertine Mart’s warehouse. This Return Policy does not apply to Standard Grade materials, clearance items, custom orders, previously installed or sealed or treated materials. These items are treated as final sale.
Container Orders shipping directly from factory to customer’s port of choice can be changed or cancelled up until the point that the container has been picked up from the factory by the shipping company. After this point, it is a final sale.
All references to monetary amounts, including prices, on the Travertine Mart Website (the “Site”) and in this Agreement shall be in U.S. currency.
15. GOVERNING LAW
This Agreement and any sales thereunder shall be governed by the laws of the State of Florida and the federal laws of the United States of America applicable therein, without regard to conflict of laws rules. Travertine Mart and Customer exclude the application of the United Nations Convention on Contracts for the International Sale of Goods to this Agreement. This Site (excluding linked Web sites) is controlled by Travertine Mart from its offices within the State of Florida, United States of America. The Site can be accessed from all states within the United States of America, as well as from other countries around the world. As each of these jurisdictions has laws that may differ from those of the State of Florida, by accessing the Site, the user agrees that all matters relating to access to, or use of, the Site, or any other hyperlinked Web site, shall be governed by the laws of the State of Florida and the federal laws of United States of America applicable therein. The user also agrees and hereby submits to the exclusive personal jurisdiction and venue of the courts of the State of Florida and acknowledges that the user does so voluntarily and is responsible for complying with local laws.
All disputes arising out of or in connection with this Agreement shall be referred to and finally resolved by a single arbitrator (the “Arbitrator”) pursuant to the Commercial Arbitration Act, R.S.B.C. 1996, c. 55, as amended. The decision of the Arbitrator on all issues or matters submitted to the Arbitrator for resolution shall be conclusive, final and binding on all of the parties. The Arbitrator shall determine who shall bear the costs of arbitration pursuant to this section 12.
17. OTHER DOCUMENTS
Other than as specifically provided in any separate formal Purchase Agreement between Customer and Travertine Mart, these terms and conditions may NOT be altered, supplemented, or amended by the use of any other document(s). Any attempt to alter, supplement or amend this document or to enter an order for product(s) which is subject to additional or altered terms and conditions will be null and void, unless otherwise agreed to in a written Agreement signed by both Customer and Travertine Mart.
The section headings used herein are for convenience of reference only and do not form a part of these terms and conditions, and no construction or inference shall be derived therefrom.