Buyer understands and accepts the following terms and conditions of sale:
DIMENSIONS: All material dimensions given for custom tile stone are nominal in size. The industry standards to which MML holds itself allow variances in stone flatwork ranging from +/- 1/16” for a total of 1/8” for any given piece, and variances in architectural products ranging from +/- ¼” for a total of ½” for any given piece, depending upon stone type and size.
STONE SAMPLES: Samples of stone products provided by MML are taken from the quarries where the stone is being quarried, and are intended to provide a general reference of the color, veining, pitting and other natural characteristics presently being produced by the quarry for that product. Buyer acknowledges and agrees that due to the natural qualities of stone and the inability of a small sample to accurately depict the total variation that may occur within a stone type, the finished products furnished by MML may vary in one or more characteristics from the original sample.
IMPERFECTIONS: Naturally occurring variations in color, tone, finish, and other characteristics are not considered imperfections. Chips, cracks or blemishes are especially characteristic of hand-carved natural stone, and may not be considered imperfections.
TILE & HEARTH INSTALLATION: MML recommends that all tiles be installed according to the American National Standards Specifications as outlined in the current “Handbook for Ceramic Tile Installation” published by the Tile Council of North America.
ACIDS: Acids in food, cleaning products, and other substances may cause staining or etching if allowed to remain on a tile or stone. Buyer’s proper sealing of the material and prompt cleaning of spills should minimize this occurrence.
SEALING: MML RECOMMENDS THAT ALL STONE, WHETHER FOR EXTERIOR OR INTERIOR APPLICATIONS, BE PROPERLY SEALED AND MAINTAINED ON A REGULAR BASIS.
Buyer is solely responsible for the accuracy and completeness of all material dimensions, quantities and plans/specifications submitted to MML. Accordingly, MML recommends that Buyer and/or its representative thoroughly review the dimensions, quantities and other specifications contained in MML’s quote and/or order to ensure adequate allowances are made for any inherent or unforeseen overage needs based upon material application. All quantities are exact as shown on the quote and/or order.
ARCHITECTURAL STONE FIELD MEASUREMENTS:
Buyer is solely responsible for providing all field measurements.
ARCHITECTURAL STONE SHOP DRAWING APPROVALS:
For custom orders, MML will submit shop drawings to Buyer for prompt review and approval prior to fabrication of custom stone products. MML’s shop drawings will show general stone detail for fabrication based upon information in MML’s quote. Shop drawings will not include the methodology of attachment or installation. Shop drawings not approved and returned by Buyer and/or Buyer’s representative within the time set identified on the first submittal shop drawings may result in a revised delivery time that will reflect MML’s current production schedule and may further be subject to surcharges for rising costs of production, labor, material costs and/or currency exchange rates. The quoted purchase price includes architectural/design fees for one submittal and up to one resubmittal set of shop drawings. Buyer is responsible for the cost of any additional submittals on drawings at the rate of $50.00 per hour.
MATERIAL MODIFICATION/CHANGE ORDER FEE:
For all custom orders, any modifications to the design, quantities and/or materials requested by Buyer after MML’s receipt of the signed quote and/or order is subject to a material modification fee in addition to any additional cost of the changed work, even if the modification results in a reduction in scope of the original quote.
WITHOUT EXCEPTION, CUSTOM TILE AND/OR STONE PRODUCTS ARE NOT SUBJECT TO CANCELLATION OR RETURN FOR ANY REASON ONCE THE ORDER IS ACCEPTED BY MML. For sales of all other eligible products and standard fireplaces, returns within 30 days of delivery are subject to a restocking fee of not less than fifty percent (50%) of the original purchase price, after inspection and acceptance by MML, provided that the non-custom product has not been altered or installed in any way. Buyer will be responsible for return freight.
All products must be inspected by Buyer immediately upon delivery. All claims for defects, deficiencies, variances or otherwise must be reported to MML in writing within five (5) business days of the date of delivery. Any failure to report a claim from Buyer in writing within this period and/or any modification or installation of the product shall constitute a conclusive waiver of all claims related to the product received.
Responsibility for the care, custody, and control of the product transfers to Buyer upon receipt of same by Buyer and/or Buyer’s representative. Our standard delivery is a curbside delivery. Drop off point must be clear. There should be NO SNOW or other natural or non-natural interference. If drop off was not able to be made due to site conditions or other variables relating to the customer or representatives (builders, contractors, subcontractors, family members or appointed parties) then additional charges will apply. If a re-delivery needs to be set up, customer will be responsible for all additional charges. Additional freight charges from the freight carrier (trucking company) may apply. If additional tools i.e. forklift, lift or similar equipment are necessary to unload the products it is the customer’s responsibility to provide that equipment and have an equipment operator on site. All delays caused by the customer or the site or its managers for delivery will be charged to the client.
Requests for partial shipments, additions or modifications of products and/or changes to the delivery location, as well as any delay by Buyer of product production or delivery, will result in additional freight fees, sales tax adjustments and/or other costs for which Buyer will be solely responsible.
MML reserves the right to impose a monthly storage fee of $50.00 per crate for product maintained by MML at its storage facilities in excess of thirty (30) days from MML’s completion of order.
MML shall in no event be responsible to Buyer or third parties for claims, offsets or backcharges, and Buyer shall have no right to offset such charges against the contract price, for any defect, deficiency or delay in its product unless MML expressly agrees to consent to such claim, offset or backcharge in writing after first having received Buyer’s prompt written notice of its request for same and all supporting documentation within the period set forth in Section 7, infra.
100% prepayment is required.
LIMITATION OF LIABILITY:
IN NO EVENT IS MML OR ANY OF ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR REPRESENTATIVES LIABLE FOR CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR ENHANCED DAMAGES, LOST PROFITS OR REVENUES OR DIMINUTION IN VALUE, ARISING OUT OF OR RELATING TO ANY BREACH OF THIS AGREEMENT, OR ANY PRODUCT OR SERVICES PROVIDED HEREUNDER REGARDLESS OF: (A) WHETHER THE DAMAGES WERE FORESEEABLE; (B) WHETHER OR NOT MML WAS ADVISED OF THE POSSIBILITY OF THE DAMAGES AND (C) THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT OR OTHERWISE) ON WHICH THE CLAIM IS BASED, AND NOTWITHSTANDING THE FAILURE OF ANY AGREED OR OTHER REMEDY OF ITS ESSENTIAL PURPOSE. MML’S LIABILITY FOR ANY AND ALL LOSSES AND DAMAGES SUSTAINED BY BUYER ARISING OUT OF THE ORDER SHALL NOT EXCEED THE PURCHASE PRICE OF THE PRODUCT UPON WHICH LIABILITY IS FOUNDED.
Unless otherwise expressly provided herein, payment to MML is due within the period stated on the Purchase Order at the offices of MML in Bexar County, Texas. Past due account balances are subject to interest/service charges at a rate of 1.5% per month. Any failure of Buyer to make full and timely payment to MML as required shall constitute a material breach of contract. All disputes arising out of this agreement shall be resolved in Bexar County, Texas by binding arbitration in accordance with the rules of the American Arbitration Association or by suit brought in the District Courts of Bexar County, Texas, at MML’s election. Should MML seek to enforce any of the terms of this agreement and/or any purchase order against Buyer, MML shall be entitled to recover from Buyer its reasonable and necessary attorney fees, court costs and interest on the debt. ACCEPTANCE OF THIS AGREEMENT AUTHORIZES MML TO PROCEED WITH PURCHASE OF MATERIAL, BLOCK EXTRACTION, SHOP DRAWINGS, FABRICATION AND/OR ALL OTHER RELATED SERVICES. ONCE ACCEPTED BY MML, THIS ORDER IS NOT SUBJECT TO CANCELLATION OR REDUCTION OF THE CONTRACT PRICE BY BUYER. Please make your purchase decisions accordingly.