Natural Stone Disclaimer & Legal Notice
NATURAL STONE DISCLAIMER: Buyer acknowledges that stone is a natural substance, formed within the earth, and that different types of stone, as well as individual stones within any given type, may vary in texture, color, thickness, density, durability or fitness for a particular use or purpose. Because natural stone may chip, peel, flake, bleed, stain, oxidize or otherwise deteriorate over time, all of these attributes should be considered when using stone, especially in any exterior application subject to moisture. Buyer acknowledges that Seller has no control over Buyer’s selection or use of any stone, and that exposure to weather, installation techniques or preservative measures used by Buyer or its installer all may affect the long-term performance and durability of any stone selected and/or installed by Buyer. Ice-melting salt and other ice-melting products adversely affect natural stone. We recommend that you DO NOT use these products on or near natural stone. Especially in the case of cut natural stone (patterned, steps, etc.), we recommend using a stone sealer to assist with durability and longevity. Buyer’s purchase of stone from Seller constitutes Buyer’s acknowledgment of the above, and acceptance of the risks inherent in the use and installation of this natural substance and a waiver of any and all claims which Buyer may have against Seller arising from the chipping, peeling, flaking, staining, bleeding, oxidation, or other deterioration of this natural substance.
LEGAL NOTICE: DISCLAIMER OF WARRANTIES. ORIJIN STONE MAKES NO EXPRESS OR IMPLIED WARRANTIES, AND SPECIFICALLY DISCLAIMS ANY AND ALL IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. LIMITATION OF LIABILITY: ORIJIN STONE SHALL NOT BE LIABLE TO CUSTOMER, OR TO ANYONE CLAIMING UNDER CUSTOMER, FOR ANY OTHER OBLIGATIONS OR LIABILITIES, INLCLUDING, BUT NOT LIMITIED TO, OBLIGATIONS OR LIABILITIES ARISING OUT OF BREACH OF CONTRACT OR WARRANTY, NEGLIGENCE OR OTHER TORT OR ANY THEORY OF STRICT LIABILITY, WITH RESPECT TO THE PRODUCTS OR ACTS OR OMISSIONS OF ORIJIN STONE OR OTHERWISE. IN NO EVENT SHALL ORIJIN STONE BE LIABLE FOR INCIDENTAL, COMPENSATORY, PUNITIVE, CONSEQUENTIAL, INDIRECT, SPECIAL OR OTHER DAMAGES including but not limited to loss of revenue or profits, loss of use of goods, cost of capital, cost of substitute products, facilities or services, downtime costs, cost of field service travel and expenses, labor, Inspection, removal or installation of new products or claims of Customers of Customer for such claim. Any oral or written description of the Products is for the sole purpose of identifying the Products and shall not be constituted as an express warranty. Prior to using or permitting use of the Products, Customer shall determine the suitability of the Products for the Intended use and Customer shall assume all risk and liability whatsoever in connection therewith. Modification of Terms and Conditions: No terms and conditions other than those stated herein, and no agreement in any way purporting to modify these terms or conditions shall be binding on ORIJIN STONE without its written consent. Any additional or different terms in the Customer’s form are herby deemed to be material alterations and notice of objection to them and rejection of them is herby given.
PRE-LIEN NOTICE: A. ANY PERSON OR COMPANY SUPPLYING LABOR OR MATERIALS FOR THIS IMPROVEMENT TO YOUR PROPERTY MAY FILE A LIEN AGAINST YOUR PROPERTY IF THAT PERSON OR COMPANY IS NOT PAID FOR THE CONTRIBUTIONS. B. UNDER MINNESOTA LAW, YOU HAVE THE RIGHT TO PAY PERSONS WHO SUPPLIED LABOR OR MATERIALS FOR THIS IMPROVEMENT DIRECTLY AND DEDUCT THIS AMOUNT FROM OUR CONTRACT PRICE, OR WITHOLD THE AMOUNTS DUE THEM FROM US UNTIL 120 DAYS AFTER COMPLETION OF THE IMPROVEMENT UNLESS WE GIVE YOU A LIEN WAIVER SIGNED BY PERSONS WHO SUPPLIED ANY LABOR OR MATERIAL FOR THE IMPROVEMENT AND WHO GAVE YOU TIMELY NOTICE.