Orijin Stone, LLC Terms & Conditions
PAYMENT DUE: Payments are due upon order completion. Regardless of whether an order (or portion of an order) has been picked up or shipped, the date of order completion is the date the order is ready for delivery/pickup or was requested to be ready for pickup, whichever is later. Established accounts with a credit agreement on file are due and payable within 30 days of order completion. All orders are to be picked up or delivered within two weeks of completion to avoid any storage fees.
RETURN POLICY: Acceptance of any returns or refunds will be in ORIJIN STONE LLC’s (hereafter “ORIJIN,” “we,” or “us”) sole discretion. To be considered for a return or refund, you must notify ORIJIN of any shortages, damage to products, or other issues by the first business day following delivery or pickup of a given order. Palletized natural stone always has small pieces of remaining material and a certain amount of product that may not be suitable for use in construction; such pieces are not returnable or refundable. Returns of regularly stocked products are only accepted in full unused pallet increments when not damaged in any way. Any undamaged full pallet returns must be made within 14 days of purchase. Special orders are non-refundable. Returned veneer stone material will be charged a 50% restocking fee, all wallstone and any project pack piece returns will incur a 40% restocking fee. All other paving, steps, treads and (full-pallet only) returns of irregular flagstone will incur a 30% restocking fee. No returns will be accepted beyond 90 days of product receipt.
PACKAGING FEE & PALLET RETURNS: A non-refundable, per-pallet/crate packaging fee will be included with all orders. This fee includes labor for assembling, handling, and loading, as well as all materials used to properly pack your order. Packaging may include a combination of wood pallets or crates, foam, strapping, and plastic to secure your stone order. SPECIAL FABRICATION ORDERS will incur an additional packaging fee per pallet for the additional labor and packaging required to ensure that your custom pieces are secured & protected for shipping. For accuracy, quantities will be estimated on the sales order, but will be updated to reflect the correct amount when your order is ready to ship.
PROPOSALS & PRICE ESTIMATES: Prices will be honored for 30 days following the date of a written proposal or estimate, but are otherwise subject to change without notice. Unless specifically stated in writing, prices do not include delivery, handling charges, and taxes. Any special pricing including discounts, sale pricing, and close-out pricing is valid only if quoted in writing by ORIJIN. Sales tax will be charged on all applicable purchases unless a valid sales tax exemption certificate is supplied to ORIJIN.
SAMPLES: Product images included within our website and/or marketing materials are intended to provide an overall impression of the stone products available to you and to serve as a reference for requesting or viewing samples of the actual stone product before making your final selection. We highly recommend that you see our products in person before purchasing them, as photographs should not be the basis for your final stone purchasing decision. Natural stone products inherently lack uniformity and are subject to variations in aesthetics, color, shade, finish, tint, hardness, strength resistance, density, etc. Any samples are provided with the understanding that variations are inherent in the nature of the product and are not defects.
ORDER COVERAGE: ORIJIN may provide you with estimates of square foot coverage of products per ton or per pallet; any such estimates provided are for estimating purposes only and are not a guarantee of coverage. ORIJIN is not responsible for any damages arising out of inaccurate coverage estimates.
PAYMENTS, LATE FEES, and INVOICE DISPUTES: ORIJIN accepts cash, business checks, personal checks, credit cards, wire transfers, and money orders for payment of invoices. Any checks that are returned to ORIJIN are subject to a $35.00 returned check charge, which will be added to the Buyer’s account. A 3% surcharge will be added for all credit card transactions in excess of $20,000. If you believe there is an error on any invoice, you must submit a dispute in writing within 7 business days of the invoice date. Past due balances are subject to a late fee of 1.5% per month or the highest allowed by law. We may collect costs and reasonable attorney fees we incur in collecting overdue amounts.
DELIVERY: ORIJIN will seek direction from Buyer regarding placement of any delivery orders. In the absence of such direction, delivery will be made at the project site or other place of delivery adjacent to the closest public right of way. Buyer agrees to hold ORIJIN harmless from any damage incurred during delivery of materials and further agrees to indemnify and defend ORIJIN from any lawsuits or other disputes that arise relating to ORIJIN products or deliveries.
NATURAL STONE DISCLAIMER: By purchasing products from ORIJIN, you acknowledge that the products supplied are natural stone formed within the earth, and that different types of stone, as well as individual stones within any given type may have characteristics that vary including but not limited to texture, color, thickness, density, durability, or fitness for a particular use or purpose. Individual stones may chip, peel, flake, bleed, stain, spall, oxidize, or otherwise deteriorate over time. These factors should be taken into consideration when choosing a type of stone and determining how to use it within any project. The buyer acknowledges that ORIJIN has no control over Buyer’s selection and use of any stone, and that exposure to weather, heat sources, installation techniques or preservative measures used by Buyer or installer all may affect the long-term performance and durability of any stone.
DESIGN, INSTALLATION, MAINTENANCE: ORIJIN does not provide design, installation, or maintenance services. Each customer shall determine the suitability of products for their intended use and each customer shall assume all risk and liability whatsoever in connection therewith. We recommend that dry-laid stones be laid on clean aggregate (no fines) and not on sand. Stones laid over a heated substrate or near a direct heat source may be subject to cracking or other deterioration. Outdoor installations should include proper slope for drainage and adequate joint allowance between stones (at least 3/16″) to reduce the potential for cracking and other problems associated with thermal expansion/contraction. Immediate cleanup of spills or spatter is recommended to reduce the risk of staining from liquids or grease. To avoid irreversible damage, we recommend that ice and snow melting products and chemicals, cleaners containing acid, and other types of chemicals not be used near natural stone. Depending on the type of stone ordered, ORIJIN may recommend a stone sealer or cleaner to assist with durability and maintenance. Sealers and cleaners should only be used when and as recommended by ORIJIN and must be applied by a professional.
DISCLAIMER AND LIMITATION OF LIABILITY: ORIJIN MAKES NO EXPRESS OR IMPLIED WARRANTIES, AND SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. ORIJIN WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY OBLIGATIONS RELATED TO THE PURCHASE OF OUR PRODUCTS, INCLUDING BUT NOT LIMITED TO BREACH OF CONTRACT OR WARRANTY, NEGLIGENCE, OR ANY OTHER CLAIM IN TORT. IN NO EVENT SHALL ORIJIN BE LIABLE FOR INCIDENTAL, COMPENSATORY, PUNITIVE, CONSEQUENTIAL, INDIRECT, SPECIAL, OR OTHER DAMAGES. NOTWITHSTANDING ANYTHING IN THIS AGREEMENT OR A WORK ORDER TO THE CONTRARY, THE PARTIES AGREE THAT ORIJIN’S LIABILITY TO YOU FOR ANY CLAIM PERMITTED UNDER THIS AGREEMENT SHALL NOT EXCEED THE AMOUNT PAID BY YOU TO ORIJIN UNDER THE WORK ORDER(S) FROM WHICH SUCH CLAIMS MAY ARISE.
WAIVER AND INDEMNIFICATION: BY ACCEPTING ORIJIN PRODUCTS, YOU AGREE TO WAIVE ANY CLAIMS WHICH MAY ARISE REGARDING PRODUCT PERFORMANCE AND AGREE TO INDEMNIFY, DEFEND, AND HOLD HARMLESS ORIJIN IN THE CASE OF THIRD PARTY DISPUTES WHICH MAY ARISE RELATING TO PRODUCTS YOU PURCHASE. ORIJIN IS NOT RESPONSIBLE FOR ANY PRODUCTS OR DAMAGE TO PRODUCTS ONCE SUCH PRODUCTS HAVE BEEN DELIVERED TO A JOB SITE OR PICKED UP BY YOU OR YOUR AGENT. ORIJIN IS NOT RESPONSIBLE FOR ANY DELAYS IN DELIVERY OR ANY COSTS YOU INCUR AS A RESULT OF ANY DELAYS. BY AGREEING TO HAVE YOUR VEHICLE OR TRAILER LOADED BY ORIJIN, YOU AGREE TO WAIVE LIABILITY FOR ANY DAMAGE CAUSED BY ORIJIN DURING THE LOADING PROCESS.
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 withhold the amounts due to 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.
Force Majeure: Notwithstanding anything to the contrary contained herein, ORIJIN shall not be liable for any delays or failures in performance resulting from acts beyond its reasonable control including, without limitation, acts of God, acts of war or terrorism, shortage of supply, interruptions or malfunction of computer facilities or equipment, labor difficulties, epidemic or pandemic outbreaks, executive orders of the national or state government, or civil unrest. Notwithstanding the foregoing, in the event of such an occurrence, ORIJIN agrees to make a good faith effort to perform its obligations hereunder.
Dispute Resolution, Jurisdiction, Venue: The parties will make good faith efforts to voluntarily resolve disputes that may arise. In the event that a dispute cannot be resolved voluntarily, the parties agree that jurisdiction and venue shall be proper in the state and federal courts located in the State of Minnesota, County of Hennepin.