AZUL STONE LLC
920 FERN ST
WEST PALM BEACH, Florida 33401
AZUL STONE LLC shall herein be referred to as seller,
TERMS OF AGREEMENT
- Stone is a product of nature. All merchandise is sold subject to variation in shade. All tiles sold subject to abrasion and caution should be used regarding proper installation thereof. Seller is NOT RESPONSIBLE FOR, SHALL NOT HAVE LIABILITY FOR, AND DOES NOT WARRANT AGAINST: Shade variation, crazing, scratching or wear on the tile surface; defects discovered after installation of the tile or other materials; abrasions on installed tile; slipping, mishap or other injury due to the surface characteristics of the tile.
- Purchaser agrees that stone by its nature is fragile; some stones highly veined and will be more susceptible to cracking than marble with very little veining.
- Purchaser hereby grants and conveys to Seller a purchase money security interest in the merchandise until the purchase price for said merchandise is fully paid in cash, in case of default by Purchaser, Seller shall be entitled to re-take and repossess the merchandise without demanding and without process of law and for this purpose may enter upon the premises where said merchandise may be and remove same at its option and seller shall further be entitled to avail itself of any other remedy available to it under Florida law.
- Purchaser agrees that no two installations will ever be identical because the stones characteristics and unique appearance.
- Terms of payment are net on invoicing unless otherwise specified herein. All sums not paid when due shall bear interest at the maximum legal rate allowed by law and shall be payable on the first day of each month. In the event payment due hereunder has to be collected upon demand of an attorney, or suit has to be instituted for the enforcement hereof, the purchaser agrees to pay all costs and expenses thereof including, without limitation, reasonable attorney's fees (including appellate attorney's fees) and court costs.
- Seller will hold available merchandise with a 50% deposit for a maximum of 30 days. The contract is subject to cancellation and administrative handling charge of 25% of contract total or deposit amount, whichever is greater, if not paid in full within 30 days from available date.
- Purchaser agrees to pay seller interest at the highest rate allowable by law on all sums not paid when due. Interest shall be payable monthly on the first day of each month.
- Seller hereby reserves the right to cancel any portion of this contract once accepted by the seller in the event of the merchandise is unavailable at the time of requested delivery or may substitute other merchandise of similar quality and nature.
- Unless otherwise specified, all merchandise shall be sold F.O.B.
- Seller until paid in full will issue “notice to owner” claims upon the installation property owner to protect seller’s lien rights under Florida state chapter 713 et.al.-construction Lien Law.
ACT OF GOD/FORCE OF NATURE
- LIMITED WARRANTY - ALL MERCHANDISE SOLD BY SELLER IS SOLD 'AS IS' AND THERE IS NO WARRANTY, EXPRESSED OR IMPLIED, OF MERCHANTABILITY OR FITNESS, OR ANY OTHER EXPRESSED, IMPLIED OR STATUTORY WARRANTY.
- Purchaser agrees to pay all attorney’s fees and costs associated with collection whether by demand, arbitration or the formal filing of lawsuit.
CLAIMS AND CANCELLATIONS
- All sales are final. No returns, credits or refund.
- No claims, cancellations, or adjustments will be made on the basis of shading or color variations. Material may be inspected prior to shipping. No claims will be accepted for any reason after material is installed, cut or otherwise altered.
- All claims of shortages or damage must be made immediately at time of pickup or delivery and exchanges must be determined by the seller.
TITLES AND SUBTITLES
- Any titles or subtitles contained or used in connection with this Letter of Agreement have been provided for ease and convenience of use only and shall not be used to construe any other meaning or intent.
Both parties acknowledge and agree, with full understanding as to the accuracy of the contents herein, and with the terms agreed.
ONLINE SALES GENERAL TERMS AND CONDITIONS
All prices are subject to change without notice and are exclusive of any shipping, delivery or handling charges that may apply.
No minimum order amount is required. However, any order totaling less than $50.00 net will incur related ground shipping costs. Orders totaling greater than $50.00 net will qualify for FFA freight terms listed below. This does not apply to replacement parts.
All orders sold at standard discounts are shipped by UPS or fedex. If special routing or expedition is requested, we reserve the right to invoice any additional costs incurred.
LTL Shipments- All LTL shipments are subject to a $50 per pallet charge. Freight charges on all products kept in inventory and shipped from domestic warehouses inside continental United States is prepaid. Special order products are or shipments to private residences or job sites may incur additional freight charges. Shipments requiring residential delivery or lift-gate service will incur an additional $100 charge.
Ground shipments- All ground shipment over $50 net are prepaid by Azul Stone. Any orders whose net amount is under $50 will be billed to the customer.
Product will be shipped 5 tp 7 business days from order date.
DAMAGE OR LOSS
Please note that our responsibility ends at the time Azul Stone delivers merchandise in original condition to the carrier. Delivery to the carrier constitutes delivery to the customer. All claims for damaged or lost shipments must be made promptly by the customer to carrier.
All claims must be made within five (5) days of receipt of merchandise.
No merchandise will be accepted for return without prior written, faxed or emailed notice after 30 days from purchase date. Returned merchandise must be is "as new" resalable condition and shipped prepaid in its original carton. Merchandise approved for return will be subject to a minimum of 30% handling and restocking charge.
Please note that all stated sizes of wood, glass, ceramic and stone products are nominal and are subject to variations of + or - 1/4 inch (wood, glass), + or - 3/8 inch (stone, ceramic). For this reason, any, measurements that call for extremely close tolerances should be held until the products are "on the job" so that exact measurements can be taken. Azul Stone cannot be held responsible for situations where products were not received prior to having these measurements taken.