Orijin Stone, LLC Terms & Conditions
ESTIMATES: Our prices are guaranteed for 30 days from the date of the written estimate. Prices are subject to change without notice. Unless listed, product prices offered do not include destination and handling charges. Price excludes license, registration, taxes and options. Prices are subject to change. Actual prices may vary and are determined by ORIJIN STONE. Check with your ORIJIN STONE sales person for complete accuracy of information, availability and delivery charges. Any special pricing is valid only if quoted in writing. Verbal quotes are NOT valid. Sales tax will be charged on all applicable items unless a tax-exempt certificate is on file in our accounting office.
SAMPLES: Product images included within our website and/or marketing materials are provided to give you 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 before purchasing them as photographs shall in no way serve as the basis for your final stone purchasing decision. Natural stone products inherently lack uniformity and are subject to aesthetics, color, shade, finish, tint, hardness, strength resistance, density, etc. Any samples submitted are with the understanding that these qualities are inherent in the nature of the product and are not to be considered latent defects.
ORDERS: Square feet per TON yields are averaged out to the best of our ability; there will be some VARIATIONS for which we cannot be responsible. ORIJIN STONE will not be responsible for any damages incurred after material leaves our retail location or stoneyard. Customer shall assume the risk of any loss or damage resulting from theft, vandalism, or from any other cause, to materials delivered. We are not responsible for late charges, mason delay costs, or any costs related to contracting. ORIJIN STONE IS LIABLE FOR THE AMOUNT OF STONE WE FURNISH, nothing more.
RETURNS: Any shortages, damages, product problems, or exceptions of any kind must be brought to the attention of your salesperson within 48 hours of delivery in order for us to correct the order for you. Stone is a naturally irregular product. There will always be small pieces on a pallet and a certain amount of waste that must be added when figuring your job. These small pieces are NOT returnable or refundable. Special orders are non-refundable. Returns of in-stock product are accepted only for unused, non-damaged, material only. Returned veneer stone material will be charged a 50% restocking fee, all wallstone and any project pack pieces 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 receipt.
PACKAGING FEE & PALLET RETURNS: **CHANGE OF POLICY NOTICE: Effective as of May 1st 2018, we no longer grant pallet return refunds (regardless of when your pallets were purchased). In place of our $25. pallet fee, we are now implementing a $10. non-refundable and per-pallet/crate PACKAGING FEE for all orders. The packaging 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 (oak or pine), foam strapping and plastic to secure your stone order. 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.
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. These are not defects and ORIJIN STONE LLC is not responsible for such natural variations. Because natural stone may chip, peel, flake, bleed, stain, fade, present efflorescence, oxidize, or otherwise deteriorate to some degree, all of these attributes should be considered when using stone, especially in any exterior application subject to the elements. Buyer acknowledges that Seller has no control over Buyer’s selection or use of any stone, and that exposure to weather, improper installation techniques or the application of preservative, cleaning or enhancing measures used by Buyer or its installer, 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 as well as corrosive cleaners containing acid can permanently damage natural stone. We recommend that you DO NOT use these products on or near natural stone and ORIJIN STONE LLC is not responsible for any damage caused by the use of these, or any products that your stone is exposed to. 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, fading, 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.