Terms and Conditions for Fabrication and Tile
Deposit and Payment Terms
- Customer agrees to provide a deposit of 50% of the total invoice price upon signing this contract. After receipt of the deposit and signed contract Stoneworks will contact Customer to schedule an appointment to measure for a product fabrication template.
- Customer agrees to pay the balance of the invoice price prior to product installation unless Customer and Stoneworks have previously agreed on credit terms. In no event will Stoneworks' installers begin work until full payment has been verified.
- Customer agrees to pay a $30 fee for all returned checks. Late payments will accrue interest at 18% per year or the maximum rate allowed by law.
- Customer may cancel this transaction at any time prior to midnight of the third business day after the date of this transaction.
- Customer agrees to pay Stoneworks additional trip charges of $250 per additional site visits needed for reasons not caused by Stoneworks and for cancellation of an agreed upon scheduled template dates and scheduled installation dates without 24 hours notice. This includes additional trips due to fixtures, built-in items or cabinets are not installed prior to the scheduled template date.
Decision Maker
- Customer will designate a person responsible for making project decisions during the templating process deemed the "Decision Maker."
- Any change to the original estimate requires a change order signed by Customer or Decision Maker and Stoneworks. Changes resulting in additional costs will be priced at normal contract pricing.
Templating
- All cabinetry must be set and installed with finished panels and doors. Existing cabinets need to be consistently flat and as level as possible. Stoneworks template professional will let the Decision Maker know at the time of template if a problem exists.
- Any built-in items (dishwashers, refrigerators, freestanding stoves, slide-in ranges, farm style sinks and compactors) and cabinets, including end panels, must be installed prior to Stoneworks scheduled template date.
- All fixtures must be on-site prior to scheduled template. This includes cooktops, sinks, faucets, insta-hots and soap dispensers.
- Existing countertops may need to be removed prior to scheduled template date.
Installation
- Stoneworks templaters and installers do not provide any type of carpentry, plumbing or electrical services.
- Stoneworks is not responsible for structural supports (i.e. braces, corbels or bases) for the stone.
- If the walls of your backsplash are not flush or level gaps may exist behind your backsplash.
- Stoneworks recommends waiting to apply any finished wall treatments (paint, tile, wallpaper etc.) until after counters are installed due to risk of marring those finishes during installation. Stoneworks is not responsible for damages to finished wall treatments during the installation process.
- Stoneworks will not secure dishwashers.
Warranty
Stoneworks guarantees, for 1 year from the date of installation, that the material will be free from fabrication and installation defects. Stoneworks will repair or replace, at its option, without charge, the material if it fails during the term of the warranty because of any fabrication or installation defect. This warranty excludes damage caused by settling of the structure and improper use or maintenance of the material. No implied or expressed warranty of merchantability or fitness for a particular purpose is granted by this warranty except as expressly stated herein and Stoneworks shall not be liable for any loss or direct, consequential or incidental damages from the use or inability to use the material as stated herein.
The foregoing warranty shall not apply to any labor or materials furnished by third parties, including the disconnection and/or reconnection of appliances and/or fixtures during the measuring and tear out process.
TILE TERMS & CONDITIONS
Deposit and Payment Terms
- Customer agrees to provide a deposit of 50% of the total invoice price upon signing this contract unless Customer and Stoneworks have previously agreed on credit terms. All special orders require a non-refundable 50% deposit.
- Customer agrees to pay the balance of the invoice price prior to delivery or pickup of materials unless Customer and Stoneworks have previously agreed on credit terms.
- Late payments will accrue interest at 18% per year or the maximum rate allowed by law. Stoneworks shall be entitled to reimbursement for all costs of collection, including, but not limited to attorneys' fees and other costs incurred by Stoneworks. Customer agrees to pay a $30 fee for all returned checks.
- Customer agrees that no returns on special order materials are allowed.
- Customer agrees to a 25% restocking fee for stock material returned within 30 days of purchase.
- Price quotations are valid for thirty (30) days from the date of the estimate.
Assumptions Inherent with Natural Stone and Tile Orders
- Customer acknowledges that tiles inherently vary in shade and color. In no event shall Stoneworks be liable for any variation in shade and/or color between tiles received and sample tiles.
- Customer acknowledges that some wearing, crazing or scratching may occur over a period of time with use.
- Customer acknowledges that in no event shall Stoneworks be liable for any damages, whether in contract, tort or otherwise, stemming from the original design layout, including any damages which may result from the improper placement of tiles, improper selection of patterns, or blending of colors.
- Customer acknowledges that Stoneworks usage guidelines (and/or estimates provided by Stoneworks representatives) are provided as a service to our customers and are not intended to be a warranty as to quantity of tiles required by the buyer. Customer assumes all responsibility regarding quantity of tiles ordered. In no event shall Stoneworks be liable for any damages, which may result from shortages or overages of tiles ordered.
- Customer acknowledges that all materials should be sealed with a product specific sealer as recommended by Stoneworks. Resealing may be necessary; the time frame for resealing will vary based on material usage and traffic.
Delivery Terms and Acceptance
- Prices are free on board our warehouse. Stoneworks is not responsible for damage occurring in shipping.
- All claims must be made in writing to the carrier with a copy to Stoneworks with five (5) days of receipt of merchandise.
- Stoneworks will replace via common carrier any product found not to be in conformity with materials ordered, only after unsuitable material is returned to Stoneworks warehouse in good condition with thirty (30) days from date of delivery.
- Stoneworks shall not be liable for any delay in delivery or suspension or cancellation of performance or other failure of performance hereunder due to any causes beyond its control, including but not limited to: Acts of God or government; Labor disputes; Inability to secure materials, labor, or transportation. In the event of such delay, Stoneworks time for delivery or other performance shall be extended for a period equal to the duration of such delay.
- Use constitutes acceptance and absolutely no adjustments or returns will be made thereafter.
- Any questions regarding acceptability of the materials must be resolved within 30 days of the date of delivery.
Disclaimer of Warranties and Liabilities
Stoneworks disclaims any implied or express warranty of merchantability or fitness for a particular purpose and Stoneworks shall not be liable for any loss or direct, consequential or incidental damages from the use or inability to use the materials.
Assignment
This agreement is not assignable by purchaser without Stoneworks prior written consent and any attempts to assign any rights, duties or obligations hereunder without Stoneworks written consent shall be void.
