The Agreement between Customer and Aquatic Stone LLC is subject to availability of the Products to be supplied. No other terms apply to the Agreement unless either agreed in writing or agreed orally and confirmed by a replacement Sales Order delivered to Customer by hand or by electronic mail. For custom made or custom fit products a separate agreement may apply.
PRICE AND PAYMENT
Unless stated otherwise, all prices quoted are exclusive of sales and use taxes which shall be added (if applicable) at the prevailing rate. All prices quoted are also exclusive of freight and delivery fees, unless otherwise stated. The Sales Order sets out the price and terms for payment and the amounts of any deposits. A fifty percent (50%) deposit is required to reserve the items on an order and payment in full must be received prior to scheduling delivery. In case of Special Orders and Custom Orders, unless otherwise agreed, hundred percent (100%) payment shall be required to place an order. The payment terms are fundamental to the Agreement and any breach of those terms by the Customer terminates the Agreement.
REVIEW YOUR ORDER
Customer shall confirm that the Sales Order contains full and accurate information of the ordered Products, especially Product, price, quantity, payment and delivery information. Aquatic Stone assistance during the purchase process is based on the information the Customer provides. It is the Customer’s responsibility to provide Aquatic Stone with accurate information. Aquatic Stone shall not be liable for any mistake arising from inaccurate or incomplete information provided by the Customer. Customer should verify quantities, dimensions, site conditions and other requirements with its installer before ordering, where necessary.
Customer is responsible making all shipping arangements and any costs associated with it. Aquatic Stone can only give an option to use a third party shipping. Aquatic Stone will provide the Customer with an ESTIMATE of arrival of the Product. Once the Product is ready for delivery Aquatic Stone or the delivery company will inform the Customer and provide him/her with the available delivery dates. Aquatic Stone will make its best efforts to reach the estimated date but the actual delivery date could exceed it due to circumstances beyond Aquatic Stone’s control. Notwithstanding the above, Customer may always be able to reach Aquatic Stone Store for re-schedules and questions about the status of the order. Aquatic Stone will always do its best to satisfy the Customer. Customer is responsible to provide Aquatic Stone with a valid and accurate shipping address. Aquatic Stone is not responsible for damages to items that were not properly removed prior to the delivery arrival. Customer agrees to sign a delivery note as proof of delivery. 24 hours prior notification is required to schedule a pick-up in Aquatic Stone ’s warehouse.
Aquatic Stone shall not be liable for any reasonable delay in performance or failure to perform which is attributable to any cause beyond its immediate control, including, but not limited to, acts of God, fire, or other catastrophes, strikes, civil disobedience, military acts fabrication delays, inability to obtain Items, or transportation delays. Hence, Aquatic Stone shall not be responsible for any labor charges, installation, or other consequential losses or incidental damages arising from such delays.
It is Customer’s responsibility to inspect the Products upon delivery or when picking up to ensure that they are in a satisfactory condition without any obvious damage and delivered in the quantities exhibited on the order. Damages shall be reported as indicated below.
CHECK BEFORE INSTALLING
Upon delivery, Customer shall make sure all items are in satisfactory condition before installing them. Any damaged, incorrect or missing merchandise must be reported as indicated below. To the extent permitted by law, Aquatic Stone will not be responsible for any losses incurred if Customer does not adhere to this. If a surrogate receives the merchandise on the Customer’s behalf, Customer is still responsible to make sure all items are in satisfactory condition.
Some Products have variations of shading, size and finish which shall not be considered defects. Natural Products (made from materials such as marble or stone) have a greater degree of variation than any of Aquatic Stone"s other Products. This applies not only to shading but also to the pattern that is produced with a Natural Product. The fact that the material is natural means that it may present imperfections inherent in its nature such as different shading, color or different intensity and orientation of veining in marble. It is impossible to get two Natural Products that are the same as each other in shading and/or design. Customer agrees that any Natural Product supplied will not be equal to the ones in the catalogue or showroom, but will be similar.
Natural Products require special care, in order to maintain its quality and beauty; Customer must follow all the instructions provided in the Warranty, Maintenance Guideline and Installation Instructions of the Product. The measurements provided in the packaging, sales order or other documents may be rounded up; please contact your sales representative for accurate measurements.
Installation services are not included in this Agreement.
RETURNS, EXCHANGES AND RE-STOCKING POLICY
Returns or exchanges will not be accepted without prior authorization. Returns or exchanges are not accepted after 30 days from the delivery date. A 20% restocking fee will be assessed on approved returns within 30 days from the delivery date. All claims must be made prior to installation. Product must be returned or exchanged via prepaid freight, in full original cartons, intact and in salable condition. In case of tile, only complete full cartons will be accepted. In case of items sold by piece, they must be returned by the piece. A packing or original invoice and Aquatic Stone's return authorization number must accompany all returns.
Special Orders, Final Sale items orders and Custom Orders may not be returned or exchanged
Refunds Purchases above $25.00 made by cash or check will be refunded by check and mailed within 10 business days to the individual or company who appears in the original invoice. Refunds of credit card purchases are refunded to the card used on the original purchase.
All Claims for shortages, damages, or billing errors must be reported upon acceptance of goods and confirmed in writing within 5 days from the deliverydate. Claims made after 5 days will be waived and the original billing will be assumed correct and valid.
Defects. If Customer claims that defective Products have been provided by Aquatic Stone, Customer agrees to allow Aquatic Stone the right and access to inspect them at all reasonable times requested by Aquatic Stone. Until a claim is fully resolved, Customer agrees to hold the Products in good condition and take all care of them. Please refer to Warranty of the Product for further details.