
Flagstone Pavers,
Inc. general terms and conditions are as follows:
1. The buyer of all Flagstone Pavers, Inc. products hereby agrees
to the terms and conditions of sale contained herein and agree that
this agreement constitutes the full agreement between both parties,
and no other terms and conditions apply, unless agreed to in writing
by Flagstone Pavers, Inc.
2. Prices are subject to change without notice. All prices will
be current standard prices for Buyers industry, unless otherwise
quoted.
3. Prices exclude applicable sales tax or applicable governmental
fees.
4. Applicable sales taxes will be charged and must be paid unless
a current tax-exempt certificate is provided at time of order or
is on file.
5. A 25% restocking charge applies to all returns. All returns must
be full cubes or pallets. Flagstone reserves the right to not re-stock
products that are made to order. Flagstone will not provide any
credit for partial cubes, opened cubes or opened pallets.
6. Flagstone reserves the right to charge up to full value for canceling
orders of non-stocked items, if the product has already been manufactured.
Each cancelled order will be evaluated at the time of cancellation.
7. All prices are F.O.B., Flagstone Pavers’ manufacturing
location.
8. All delivery charges will be at the current published rates.
Changes in delivery schedules, partial releases, requirements for
products to be on wooden pallets (unless the product is normally
packaged on pallets), or additions to the order could result in
higher than expected or quoted freight charges.
9. It is the Buyers responsibility to advise Flagstone Pavers as
to whether a semi truck can deliver the products or not. If a semi
truck is unable to access the site Flagstone Pavers will deliver
the products using a tandem truck. Applicable rates will apply.
If a delivery is attempted using a semi and it is determined that
access is not possible, the buyer will be responsible for the initial
delivery and a return charge.
10. When releasing product for shipment, Flagstone Pavers prefers
that the release and any instructions be in writing. The buyer takes
full responsibility for errors caused by verbal releases.
11. All deliveries that are beyond curbside shall be at the Buyer’s
sole risk. Buyer agrees to indemnify, defend and hold Flagstone
Pavers harmless from damages suffered by Flagstone or as a result
of any damage done to sidewalks, sprinklers, curbing, asphalt or
otherwise when Flagstone drives off the main road to deliver products.
12. Buyer has 24 hours to make any claims for product shortages
(except to unmanned job sites). Buyer takes responsibility for all
products shipped to an unmanned job site from the moment they are
delivered.
13. Buyer has 10 days from delivery to make any claim regarding
visible product quality issues. Only claims regarding the structural
integrity of the product will be considered after this period.
14. All Flagstone products are manufactured to metric dimensions
acceptable to A.S.T.M. standards. Conversion to English dimensions
for both sizes and square footage has been made to approximate dimensions.
Dimensions include allowance for sand joints of 1/8”.
15. Efflorescence is a cement by-product that will usually wash
and wear away in the course of time. Flagstone Pavers accepts no
responsibility for efflorescence since any normal concrete contains
calcium hydroxide, which is inevitable when cement and water are
mixed together.
16. Buyer agrees to the terms set forth in the credit application
that is to be completed prior to setting up an account with Flagstone
Pavers, Inc.
17. In the event Flagstone Pavers receives a check for payment and
it is returned for Non Sufficient Funds (NSF), Flagstone will charge
and the Buyer agrees to pay, $25.00 for the first NSF check, $50.00
for the second NSF check, $100 for the third NSF check and $200
for the fourth NSF check plus the Buyer will automatically have
their terms changed to prepay.
18. Flagstone Pavers reserves the right to refuse shipment to any
customer whose account is in arrears and will not accept orders
from any customer whose account have open invoices that are older
than 60 days.
19. The laws of the State of Florida shall govern this agreement.
Hernando County, Florida shall be the venue of any legal action
brought before a competent jurisdiction by either Seller or Buyer.
20. Flagstone Pavers, Inc.’s liability for any defects in
material shall, at Flagstone’s option, is limited to either
repair or replacement of the product and in no case shall Flagstone
be liable to Buyer or any other party for consequential, incidental
or specific damages. Repairs or replacements will be limited to
the products and shall not include the cost of labor. It is the
Buyer’s responsibility to thoroughly inspect products prior
to installation, insuring that sizes, shapes and color are acceptable.
A.S.T.M. allows for a small percentage of interlocking pavers to
be defective. It is the Buyers responsibility to insure that defective
pavers are not installed. In no event shall Flagstone Pavers be
responsible for products supplied after installation of these products
by Buyer or any other party.
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