Acceptance Governing Provisions and Cancellations
This writing constitutes an offer by Discount Stones to sell the products described herein in accordance with these terms and conditions, and is expressly conditioned upon assent to these terms and conditions. No additional or contrary terms and conditions, or product or service specifications, contained in any purchase order or other communication from the purchaser hereunder (the “buyer”), or any third party, shall be construed as, or constitute a waiver of these terms and conditions, or acceptance of any such additional terms, conditions or specifications and seller hereby objects to such additional or contrary terms, conditions or specifications unless otherwise expressly stated on the reverse side hereof.
All deliveries of products hereunder shall be FOB seller’s warehouse or other facility, seller shall have no further responsibility for the products, and all risk of damage to or loss or delays of the products shall pass to buyer upon their delivery at the FOB point to the common carrier designated by buyer, or if buyer fails to designate a common carrier, selected by seller. Buyer shall bear all costs of shipping the products ordered. Seller reserves all rights permitted by law with respect to delivered products including, without limitations, the rights of rescission, reclamation, repossession, resale, replevin and stoppage in transit until the full amount due from buyer in respect of all delivered products has been paid. Unless otherwise expressly specified on the reserve side hereof, seller may make delivery of products hereunder in installments. Buyer shall be invoiced separately for each such installment. Buyer acknowledges that approximate shipping estimates for North America are as follows: 10 - 15 business days for the west coast and 15 - 20 business days for the east coast. Seller acknowledges responsibility of shipping and handling fees which are inclusive of documentation fees, CFS, THC, booking fee, AMS, customs declaration, export license, handling fee, pick up charges, entry filing, customs bond, ISF, courier fee, duty, MPF, HMF, shipping, and other disbursements and executory costs. Potential customs inspection fee is included in the shipping and handling fees paid by Seller.
Seller shall not be liable for any loss or damage caused by delay in furnishing any products or services hereunder, or delay in any other performance provided for under these terms and conditions. Delay in the delivery of any products or the furnishing of any services hereunder shall not relieve buyer from the obligation to accept and pay for the balance of any such products or services ordered hereunder.
In the event of any shortage, damage or discrepancy in or to a shipment of products, buyer shall promptly report the same to seller and furnish written evidence or other documentation, as seller may deem appropriate. Seller shall not be liable for any such shortage, damage, or discrepancy unless seller has received notice and substantiating evidence thereof from buyer within five (5) days of arrival of the products at buyer’s shipping address. If the substantiating evidence delivered by buyer demonstrates to seller’s satisfaction that seller is responsible for such shortage, damage, or discrepancy, seller shall deliver additional or substitute products to buyer in accordance with the delivery procedures set forth herein, provided that any damage or non-conforming products are returned to the seller's warehouse, in good and merchantable condition, within thirty (30) days of the arrival of the products at buyer’s shipping address. No product returns will be accepted without prior written authorization from the seller. Buyer will be assessed a fifteen (15%) restocking and re-handling charge and 100% shipment charge on all returns. In no event shall seller be liable for any additional costs, expenses or damages (including, but not limited to consequential damages) incurred by buyer directly or indirectly as a result of any shortage, damage or discrepancy in or to a shipment.
Price and Payment
All product prices hereunder are FOB seller’s warehouse or other facility, unless otherwise expressly stated on the reverse side hereof. All prices include the following fees: documentation fees, CFS, THC, booking fee, AMS, customs declaration, export license, handling fee, pick up charges, entry filing, customs bond, ISF, courier fee, duty, MPF, HMF, shipping and handling, and other disbursements and executory costs. All payments hereunder shall be due at the time of purchase when seller’s invoice is issued. If, and for as long as, any payment from buyer to seller hereunder shall be overdue, interest at the lesser of (a) one and one-half percent (1-1/2%) per month, or (b) the highest rate of interest allowable under applicable law, shall automatically become due and payable on all balances outstanding as of the date such payment is overdue. In addition, seller shall not be obligated to ship any products ordered hereunder in the event any amount due and payable by buyer to seller hereunder should be more than thirty (30) days overdue. The foregoing shall be in addition to, and not exclusive of, any other remedy seller may have, at law or in equity, in the event of any overdue payment hereunder.
All products sold to buyer hereunder are under extended warranties (50-year warranty for cultured manufactured stones and brick veneers and lifetime warranty for natural stones). All other warranties, express or implied, are hereby disclaimed and excluded by seller, including without limitation any warranty or merchantability or fitness for a particular purpose or use, and all obligations or liabilities on the part of seller for damages arising out of or in connection with the use, maintenance or performance of any products ordered hereunder. Refer to our warranty documents for further details.
Discount Stones will not accept a customer return unless it is authorized in accordance with our policy. All returns are subject to a restocking charge based on the original sales price. Buyer must arrange to inspect the products on delivery. Buyer must check the contents for signs of damage. If buyer notices any damage, the courier company must be informed immediately. In such an event, the buyer must not sign for the products unless the damage is acknowledged and recorded. When the buyer signs off on delivery, the buyer has effectively accepted the delivery, thus the seller cannot subsequently claim compensation from the courier company on the buyer's behalf.
30 Day Money Back Guarantee
In order to qualify for the 30 Day Money Back Guarantee, buyer must ensure the product is in its original packaging, in the same condition as it was when it arrived at the destination address, not have been used, installed, or marked in any way. In order for buyer to receive a full payment refund, the order must be returned in it’s entirely. This means every piece the buyer received on the date of delivery must be returned in its original packaging. Once buyer has everything accounted for and packaged, Discount Stones will arrange pick-up of the product. Buyer will be assessed a fifteen (15%) restocking and re-handling charge and 100% shipment charge on all returns. The shipping charges will include all fees applicable to ship back to our manufacturing facilities in Mainland China.
Limitations of Liability
The sole and exclusive remedies for seller’s liability of any kind (including liability for negligence), other than liability for willful misconduct, with respect to the products and services covered by these terms and conditions and all other performance by seller under or pursuant to these terms and conditions shall be limited to the remedies provided in hereof. In no event shall seller’s liability of any kind include any special, indirect, incidental or consequential losses or damages, even if seller shall have been advised of the possibility of such potential loss or damage.
Buyer acknowledges and agrees that all information, other than information in published form or expressly designated by seller is non-confidential, which is directly or indirectly disclosed to buyer by seller or embodied in the products provided hereunder, regardless of the form in which it is disclosed, relating in any way to seller’s markets, customer’s products, patents, inventions, procedures methods, designs, strategies, plans, assets, liabilities, costs, revenues, profits, organization, employees, agents, distributors or business in general (the “seller information”) is confidential and proprietary to seller. Buyer agrees not to use any of such seller information for any purpose other than as permitted or required for performance by buyer hereunder. Buyer further agrees not to disclose or provide any of such seller information to any third party, and to take all necessary measures to prevent any such disclosure by its employees, agents, contractors or consultants. Nothing herein shall prevent buyer from using, disclosing, or authorizing the disclosure of any information provided by seller to buyer hereunder which is, or hereunder becomes, part of the public domain. At seller’s request, buyer shall cooperate fully with seller in any and all legal actions taken by seller to protect its rights in the seller information. Seller shall bear all costs and expenses reasonably incurred by buyer in the course of cooperating with seller in such legal action.
All documentation supplied by seller to buyer pursuant to this agreement shall be in the English language and in the standards of measurement then being used by seller.
In the event that any of the provisions of these terms and conditions are in conflict with any rule of law or statutory provision or are otherwise unenforceable under the laws or regulations of any government or subdivision thereof, such provisions shall be deemed stricken from these terms and conditions, but such invalidity or unenforceability shall not invalidate any of the other terms of hereof, and these terms and conditions shall continue in force, unless the invalidity or unenforceability of any such provisions hereof does substantial violence to, or where the invalid or unenforceable provisions comprise an integral part of, or are otherwise inseparable from, the remainder of these terms and conditions.
The trademarks, names, logos and service marks (collectively “trademarks”) displayed on this website are registered and unregistered trademarks of the website owner. Nothing contained on this website should be construed as granting any license or right to use any trademark without the prior written permission of the website owner.
These terms and conditions constitute the entire agreement of the parties with respect to the subject matter hereof, and supersede all previous agreements by and between seller and buyer related to the purpose of products or services hereunder, as well as all proposals, oral or written, and all negotiations, conversations or discussions heretofore had between the parties related thereto. Buyer acknowledges that it has not been induced to enter this agreement by any representations or statements, oral or written, not expressly contained herein.