TERMS of SALE
PLEASE READ THIS DOCUMENT CAREFULLY. IT CONTAINS IMPORTANT INFORMATION ABOUT YOUR RIGHTS AND OBLIGATIONS, AS WELL AS LIMITATIONS AND EXCLUSIONS THAT APPLY TO YOU.
This Agreement contains the terms and conditions that apply to customers for purchases from Premier Worldwide LLC dba Shades of Stone(hereinafter referred to as “Shades of Stone”) and the Shades of Stone entity named on the invoice that will be provided to you (“Customer”) on orders for products sold. Customer agrees to be bound by and accepts this Agreement as applicable to Customer’s purchase of product(s) from Shades of Stone, and/or the Shades of Stone Internet Website hereinafter named the “Site.” As a condition of sale, Customer agrees to be bound by and accepts these terms and conditions. These terms and conditions apply (i) unless Customer has signed a separate formal purchase Agreement with Shades of Stone, in which case the separate Agreement shall govern; or (ii) unless other Shades of Stone standard terms apply to the transaction as noted herein or elsewhere. These terms and conditions are subject to change without prior written notice at any time, in Shades of Stone’s sole discretion.
YOUR ACCEPTANCE OF THESE TERMS AND CONDITIONS OF SALE IS INCLUDED IN YOUR ACCEPTANCE OF THE TERMS AND USE OF THIS WEBSITE.
1. ORDER ACCEPTANCE POLICY
Customer’s receipt of an electronic or other form of order confirmation does not signify Shades of Stone’s acceptance of Customer’s order, nor does it constitute confirmation of Shades of Stone’s offer to sell. All orders are accepted in State of Virginia, United States. Shades of Stone reserves the right at any time after receipt of Customer’s order to accept or decline Customer’s order for reasonable cause including but not limited to lack of availability of products, failure by Customer to satisfy payment terms, and/or breach by Customer of this Agreement. If payment has been remitted for the purchase and Shades of Stone cancels Customer’s order, Shades of Stone shall forthwith issue a refund equal to the amount remitted for the unaccepted or cancelled order.
2. PAYMENT TERMS
Terms of payment are within Shades of Stone’s sole discretion and unless otherwise agreed to by Shades of Stone, payment must be received or otherwise authorized or secured in a form approved by Shades of Stone prior to Shades of Stone’s acceptance of an order. Payment for the products will be made by approved credit card, wire transfer, electronic funds transfer or some other prearranged payment method agreed to by Shades of Stone. Invoices are due and payable by the payment date(s) specified through electronic (including but not limited to e-mail), facsimile (fax) and/or verbal confirmation between Shades of Stone and the customer. Shades of Stone may invoice parts of an order separately. Orders are not binding upon Shades of Stone until accepted by Shades of Stone (see Order Acceptance Policy). Any quotations given by Shades of Stone will be valid for the period stated on the quotation. Shades of Stone reserves the right to adjust or cancel quotations as required.
Customer is responsible for all costs related to shipping product to the location specified by Customer. It is Customer’s responsibility to provide contact information that allows the shipper to contact Customer when shipment is made. Shipping rates are for standard pick-up and delivery only. Additional storage and/or shipping charges and other warehouse charges may apply if Customer cannot be contacted, or is not available, to receive product; or if product is redirected upon Customer’s request. If a shipping rate is quoted at an incorrect rate due to typographical error or error in pricing information received from Shades of Stone’s suppliers, Shades of Stone shall have the right to refuse, adjust, or cancel any orders placed whether or not the order has been confirmed or whether or not payment has been remitted. Customer is responsible for inspecting freight for shortages or signs of damage upon receipt of goods. All freight, loss, and damage claims must be filed with Shades of Stone within three (3) days from the date the shipment was delivered. (see 8. “Limitations on Damages” or email: firstname.lastname@example.org). Shades of Stone shall not be liable for special or consequential damages or for any damages arising out of or caused by: (1) Delay, (2) Acts of God or the public enemy, (3) The Authority of the law, (4) Strikes, riots or quarantine, (5) The inherent nature or vice of the goods transported. In the unlikely case that goods are damaged, Shades of Stone will arrange to either re-ship product (at the company’s expense) or provide to the customer a compensation credit for the value of the goods damaged.
Customer is responsible for all sales, use, excise, value-added and other charges associated with the order, however designated, including any duties, clearance charges or other destination charges. If applicable, a separate charge for such items will be shown on Shades of Stone’s invoice.
5. TITLE; RISK OF LOSS
Title to product passes from Shades of Stone to Customer upon physical shipment of product to Customer by Shades of Stone, unless otherwise stated in terms of purchase (e.g. Letter of Credit). Customer assumes responsibility for the loss or damage during transit regardless of the carrier.
Shades of Stone doesn’t provide any warranties once the product is installed or the return period has passed, whichever comes first. All transactions for returns or exchanges must be processed first through Shades of Stone’s Returns Department. Customer is responsible for all shipping and handling charges of returns. Whenever possible, all items must be in “as new” condition, in original packaging and with all manuals and accessories, wherever applicable. The original packing slip must be included and the RMA number visible on the package. Shades of Stone may require a short written explanation and a photograph or digital image of the defective product. In some cases an on-site inspection of the product will be required. Shades of Stone’s Returns Department will advise Customer of the details specific to the claim.
7. PROMOTIONS & DISCONTINUATION
Shades of Stone, at its discretion, may run special promotions including but not limited to price reductions from time to time. Any promotional offers are only valid on the orders placed and paid for during the advertised period of such promotions, and will not be honored on past purchases that have been shipped prior to the Promotion or on any future orders where a delayed shipping is required. If for any reason other than the Customer's request, Shades of Stone is not able to ship an order and an item goes on a Special Promotion before shipping, the Customer may request Shades of Stone to apply the Promotion on that order. Shades of Stone, at any time, may cancel any Promotion at its discretion.
Products can be discontinued at any time. Factors like availablity, cost and sales determines to continue the sale of the product. New products are added on monthly basis and few of them need to retire. We have the right to discontinue a product anytime without any prior commitments.
Shades of Stone EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES, GUARANTEES OR REPRESENTATIONS, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. Shades of Stone ALSO DISCLAIMS ANY IMPLIED WARRANTY ARISING OUT OF TRADE USAGE OR OUT OF A COURSE OF DEALING OR COURSE OF PERFORMANCE. Shades of Stone DOES NOT WARRANT THAT THE PRODUCT(S) WILL BE ERROR-FREE, OR WARRANT THAT EACH DEFECT WILL BE CORRECTED. Shades of Stone DOES NOT WARRANT THAT ALL PRODUCTS COMPLY WITH SPECIFIC GEOGRAPHICAL COMPLIANCE OR REGULATORY RESTRICTIONS. IT IS CUSTOMER’S RESPONSIBILITY TO ENSURE THAT USE OF PRODUCTS PURCHASED COMPLIES WITH LOCAL JURISDICTION CODES AND WITH ALL REGIONAL, NATIONAL AND INTERNATIONAL LAWS AND REGULATIONS. Shades of Stone FURTHER DISCLAIMS ANY PATENT/INTELLECTUAL PROPERTY RIGHTS, WARRANTIES OR INDEMNITIES WITH RESPECT TO ANY LOCKING/CONNECTING SYSTEM(S) USED BY MANUFACTURERS OF LAMINATE, ENGINEERED WOOD, OR OTHER PRODUCTS SOLD BY Shades of Stone.
9. LIMITATION ON DAMAGES
Shades of Stone DOES NOT ACCEPT LIABILITY BEYOND THE REMEDIES SET FORTH HEREIN. Shades of Stone WILL NOT BE LIABLE FOR LOST PROFITS, LOSS OF REVENUE OR OF BUSINESS OR OTHER CONSEQUENTIAL, SPECIAL, INDIRECT, OR PUNITIVE DAMAGES, EVEN IF THEY WERE FORESEEABLE OR IF Shades of Stone WAS ADVISED OF THE POTENTIAL OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY THIRD PARTY EXCEPT AS EXPRESSLY PROVIDED HEREIN. CUSTOMER AGREES THAT FOR ANY LIABILITY RELATED TO THE PURCHASE OF PRODUCTS OR SERVICES, Shades of Stone IS NOT LIABLE OR RESPONSIBLE FOR ANY AMOUNT OF DAMAGES ABOVE THE AGGREGATE DOLLAR AMOUNT PAID BY CUSTOMER FOR THE PURCHASE(S) UNDER THIS AGREEMENT. THIS LIMITATION WILL APPLY REGARDLESS OF THE FORM OF ACTION (I.E. WHETHER THE LAWSUIT IS IN CONTRACT OR IN TORT, INCLUDING NEGLIGENCE).
10. RETURN POLICY
Please see our return and refund policy
All references to monetary amounts, including prices, on the Shades of Stone Website (the “Site”) and in this Agreement shall be in U.S. currency.
12. GOVERNING LAW
This Agreement and any sales thereunder shall be governed by the laws of Virginia State and the federal laws of the United States applicable therein, without regard to conflict of laws rules. Shades of Stone and Customer exclude the application of the United Nations Convention on Contracts for the International Sale of Goods to this Agreement. The Site (excluding linked Web sites) is controlled by Shades of Stone from its offices within the Virginia State, United States. The Site can be accessed from all states of the United States, as well as from other countries around the world. As each of these jurisdictions has laws that may differ from those of the Virginia State, United States, by accessing the Site, the user agrees that all matters relating to access to, or use of, the Site, or any other hyperlinked Web site, shall be governed by the laws of the Virginia State and the federal laws of the United States applicable therein. The user also agrees and hereby submits to the exclusive personal jurisdiction and venue of the courts of the Virginia State and acknowledges that the user does so voluntarily and is responsible for complying with local laws.
All disputes arising out of or in connection with this Agreement shall be referred to and finally resolved by a single arbitrator (the “Arbitrator”) pursuant to the Commercial Arbitration Act, R.S.B.C. 1996, c. 55, as amended. The decision of the Arbitrator on all issues or matters submitted to the Arbitrator for resolution shall be conclusive, final and binding on all of the parties. The Arbitrator shall determine who shall bear the costs of arbitration pursuant to this section 12.
14. OTHER DOCUMENTS
Other than as specifically provided in any separate formal purchase Agreement between Customer and Shades of Stone, these terms and conditions may NOT be altered, supplemented, or amended by the use of any other document(s). Any attempt to alter, supplement or amend this document or to enter an order for product(s) which is subject to additional or altered terms and conditions will be null and void, unless otherwise agreed to in a written Agreement signed by both Customer and Shades of Stone.
The section headings used herein are for convenience of reference only and do not form a part of these terms and conditions, and no construction or inference shall be derived therefrom.