Terms of Sale
THESE TERMS OF SALE GOVERN YOUR PURCHASE OF ANY
PRODUCT OFFERED BY GRANITEDESIGNER. PLEASE READ THESE
TERMS OF SALE CAREFULLY. THEY CONTAIN VERY IMPORTANT
INFORMATION ABOUT YOUR RIGHTS AND OBLIGATIONS AS WELL AS
LIMITATIONS AND EXCLUSIONS THAT MAY APPLY TO YOU.
BY PLACING AN ORDER WITH GRANITEDESIGNER, YOU
ACKNOWLEDGE THAT YOU HAVE READ, ACCEPTED AND HAVE AGREED
TO BE BOUND BY THESE TERMS OF SALE, WITHOUT LIMITATION
OR QUALIFICATIONS. THESE TERMS OF SALE ARE SUBJECT TO
MODIFICATION WITHOUT PRIOR WRITTEN NOTICE AND AT ANY
TIME IN GRANITEDESIGNER'S SOLE DISCRETION.
- Products.
GraniteDesigner may discontinue the sale of any
product at any time without notice. The product
prices displayed on this site or in a catalog do not
include shipping and handling or sales taxes. If and
when applicable, these amounts will be added to your
total invoice price.
- Price Errors.
Our goal is a 100% error-free site. We also strive
to limit the number of errors in our printed
catalogs. If price errors are discovered, they are
promptly corrected on our systems, and the corrected
price will apply to your order. We will attempt to
notify you if your order includes items that were
incorrectly priced.
- Orders.
Orders are not binding upon GraniteDesigner until
accepted. GraniteDesigner reserves the right,
without prior notification, to limit the order
quantity on any item and/or refuse service to any
customer. Verification of information may be
required prior to the acceptance of any order.
- Payment.
GraniteDesigner accepts valid credit cards only for
all purchases as well as other forms of payment
agreed upon by GraniteDesigner and the customer
prior to or during sale.
- Sales Tax.
You are responsible for the payment of any state and
local sales or use taxes that may apply to your
order. The sales tax is calculated based on the full
invoice price, and may include charges for shipping
and handling if required by law.
- Delivery.
Currently, GraniteDesigner can only ship your order
to the lower 48 states unless otherwise agreed upon
by GraniteDesigner and customer. Title and risk of
loss of the products pass to you upon delivery at
your shipping address. All orders will be processed
with 48 hours of receipt to GraniteDesigner and/or
its staff. Should your order processing be
delayed we will notify you during this time.
Orders generally take 4-6 weeks from the time order
is placed to reach its destination.
While GraniteDesigner will make every reasonable
effort to ship your orders within these time frames,
GraniteDesigner is not responsible or liable for any
delay in receiving or completing your order that is
caused by an event beyond GraniteDesigner's
reasonable control. Such events may include, but are
not limited to, fire, flood, accident, strike, riot,
civil commotion, act of God, war or other
hostilities, acts or omissions of carriers,
transmitters, telecommunications, Internet Service
Providers or Internet backbone providers or a
failure, interruption or delay of the server or this
site caused by an event outside the direct control
of GraniteDesigner, including without limitation,
power outages or attacks on this site such as by
persons known as "hackers."
- Shipping Charges.
Shipping costs will be calculated and specified to
you in your personal quote through this site or its
staff. We will do our best to calculate costs as
best as possible. Should additional charges
arise you will be notified.
- WARRANTIES.
ALL PRODUCTS ARE SOLD "AS IS" AND GRANITEDESIGNER
DISCLAIMS ALL WARRANTIES OF ANY KIND RELATING TO THE
PRODUCTS OR USE THEREOF, EXPRESS OR IMPLIED,
INCLUDING WARRANTIES OF MERCHANTABILITY,
NON-INFRINGEMENT, TITLE OR FITNESS FOR A PARTICULAR
PURPOSE. SOME JURISDICTIONS MAY NOT ALLOW THE
EXCLUSION OF CERTAIN IMPLIED WARRANTIES, SO SOME OF
THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
- Return Policy. Cancellations can be requested up to one week (7
days) after initial order is placed. After this time
you CANNOT cancel your order. Each order is custom made
and we cannot cancel orders after production has
started.
- Natural
Stone Disclaimer
All stones vary in color, grain, texture, and
veining. These natural variations within the stone
enhance the beauty of the finished installation. We
HIGHLY recommend you order sample packs of stone colors
before placing any order. Samples should be used
for a general representation of color only. As all
stones are natural, no guarantees as to a specific
stones characteristics can be given. Before
installation, all material should be laid out in order
to see the natural variations and to plan how best to
install them. Seams may be necessary depending on the
side and shape of a particular job. In all cases use of
material constitutes acceptance.
- Mistaken and Damaged
Shipments.
Please inspect all shipments immediately upon receipt.
Damages or shortages must be noted on the freight bill
and a claim filed with the carrier. Claims for loss or
damage on any shipment must not be deducted from our
invoice, or payment of the invoice with held awaiting
adjustment of such claims from us.
- Limitation of
Liability. TO THE MAXIMUM EXTENT ALLOWED
BY LAW, GRANITEDESIGNER SHALL NOT BE LIABLE FOR ANY
SPECIAL, CONSEQUENTIAL, EXEMPLARY OR INCIDENTAL
DAMAGES (INCLUDING LOST OR ANTICIPATED REVENUES OR
PROFITS RELATING TO THE SAME), ARISING FROM ANY
CLAIM RELATING TO THESE TERMS OF SALE, THIS SITE,
ANY CATALOG(S), PRODUCT(S) OR ORDER(S), WHETHER SUCH
CLAIM IS BASED ON WARRANTY, CONTRACT, TORT
(INCLUDING NEGLIGENCE OR STRICT LIABILITY) OR
OTHERWISE. IN NO EVENT WILL THE COLLECTIVE LIABILITY
OF GRANITEDESIGNER EXCEED THE AMOUNT YOU HAVE PAID
TO GRANITEDESIGNER FOR THE APPLICABLE ORDER OR
PRODUCT OUT OF WHICH LIABILITY AROSE. THESE
LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE
OF ESSENTIAL PURPOSE OF ANY REMEDY. SOME STATES
AND/OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR
LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES,
SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
- Severability.
If any provision of these Terms of Sale are held
illegal, unenforceable or in conflict with any law
by a court of competent jurisdiction or arbitral
tribunal, such provision shall be deemed severed
from these Terms of Sale and the validity of the
remainder of these Terms of Sale shall not be
affected thereby.
- Governing Law.
These Terms of Sale shall be governed by and
construed in accordance with the laws of the State
of Ohio applicable to contracts made and to be
enforced wholly within Ohio.
- Arbitration.
Any dispute or disagreement arising out of these
Terms of Sale, or breach thereof, may, at the option
of GraniteDesigner, be settled by arbitration
administered by the American Arbitration Association
("AAA") under its Commercial Arbitration Rules, and
judgment on the award rendered by the arbitrator(s)
may be entered in any court having jurisdiction
thereof. Such arbitration shall be held in Ohio.
- Jurisdiction and Venue.
You and GraniteDesigner (collectively the "Parties;"
individually a "Party") irrevocably agree that any
legal action, suit or proceeding brought by it in
any way arising out of these Terms of Sale must be
brought solely and exclusively in the federal or
state courts of the State of Ohio located in the
City of Columbus, Ohio, and irrevocably accept and
submits to the sole and exclusive jurisdiction of
each of the aforesaid courts in person, generally
and unconditionally with respect to any action, suit
or proceeding brought by it or against it by the
other Party.
- Waivers and Amendments.
The waiver by either Party of any provision of these
Terms of Sale on any occasion and upon any
particular circumstances shall not operate as a
waiver of such provision of these Terms of Sale on
any other occasion or upon any other circumstances.
These Terms of Sale may be waived or amended only in
a writing signed by the Parties.
See also :
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