MATERIAL SELECTION
All sales are final. Costumers acknowledge they have been provided an opportunity to select and inspect the Products prior to purchase and agree that they are not relying on doral stones to determine quality, color, grade or quantity of products purchased. Costumers also acknowledge that Natural Stones is subject to quality, density, grade, texture, color, shade and hue variations from slab to slab, stone to stone, bundle to bundle and block to block . The slabs arrive to our location with the face already finished and may present natural irregularities in texture or shine. Therefore all slabs must be inspected and approved by the costumer before fabrication.
AVAILABILITY
All items sold by doral stones are subject availability at the time of shipping. If a certain item is not available we reserve the right to offer an alternate material with prior notification and notice to the costumer.
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PAYMENT
Slabs will be delivered after full payment. Customer agrees to pay doral stones any remaining balance prior to pickup or delivery of the Products. Any amounts not paid will bear interest at the rate of 1,5% per month or part thereof from the date due.
PRICES
Prices are F.O.B. and subject to change without prior notice. Prices will be confirmed and corrected by the headquarters. Costumer will be notified of any changes or corrections prior to the processing of the order. In no event shall doral stones be liable for any consequential, incidental, indirect, exemplary or special damages in connection with any goods provided.
DELIVERY TERMS
Customer must make delivery arrangements and personally inspect and accept delivery/pick up of the Products purchased or authorize an agent to inspect and accept delivery/pick up of the Products. doral stones is not responsible for any damages during the unloading. It is the costumers responsibility to transport and store their material safely. If the slabs appears to be damaged and/or somehow unusable, costumer or agent must inform the shipper and contact doral stones immediately before receiving it. Unloading the material will be considered as acceptance and approval of its condition. All Products are shipped without insurance unless Customer requests such insurance in writing and pays for same in full, all prior to storage e and/or delivery of the Products. Payment of a delivery charge charge does not provide for delivery insurance.?
SPECIAL OR CUSTOM ORDERS
50% deposit required prior to placement of order. Balance due as soon as order is ready, prior to shipment. Special orders cannot be cancelled or returned.
FABRICATION
doral stones does not do fabrication and will not be liable for any fabrication failure of performance. This agreement is not assignable by purchaser without doral stones' prior written consent. Any attempt to assign any rights, duties or obligations hereunder without doral stones written consent shall be void.
WARRANTY AND DISCLAIMER
doral stones is not responsable for any risk of loss of products at any time from purchase to delivery nor has doral stones provided you with any guaranteed delivery date. All material is sold and delivered "as is" with "all faults." There are no warranties, express or implied, including but not limited to any implied warranties of merchantability or fitness for a particular purpose, all of which are hereby expressly disclaimed. doral stones will not be responsible for any special, incidental or consequential damages. Any claim against doral stones or its agents, officers, and employees shall be limited to the replacement value of the material and only if such material is found to be defective.
SAMPLES
Samples supplied by doral stones, if any, are not made part of the basis for the Sales Order and no sample furnished by doral stones shall form any part or provide any basis for any warranty or another claim by Customer hereunder. Customer understands and acknowledges that doral stones has made no recommendation as to any installer of the Products and Customer shall look solely to such installer for any damage that results to the Products during installation.
STORAGE
All Products are stored without insurance unless Customer requests such insurance in writing and pays for same in full, all prior to storage e and/or delivery of the Products. Customer agrees to pick up or authorize doral stones to deliver the Products within ten (10) business days of the date of this Sales Order. Customer agrees to pay to doral stones $0.50 per square foot per day or $25.00 per day for any Products not picked up after the applicable 10-day period and will have no right to retrieve the Products until any storage charge is paid in full. If Customer has failed to pick up the Products within 90 days after the expiration of the applicable 10-day period, doral stones shall be entitled to sell any such material and apply to proceeds from such sale in the following order: outstanding balance due on any unpaid invoice(s), unpaid interest charges on any unpaid invoice(s), collection costs, and storage fees.
CANCELLATION
No return, no exchanges; all sales are final. doral stones may, in its sole and absolute discretion, accept the return of some or all of the Products upon request made no later than five days after the date of the INVOICE if the Products are in stock. All authorized returns must be shipped back to doral stones on an expedited basis at Customer's sole expense and must be accompanied by a bank or cashier's check in an amount equal to twenty percent of the purchase price of the authorized returned material as liquidated damages (plus any and all delivery, storage, and convenience charges). All unauthorized returns will be refused.
DISHONORED CHECKS
Pursuant to Florida Statutes §68.065, if any check is dishonored by Customer's bank as a result of Non-Sufficient Funds, doral stones may file an action against the Customer for the full amount of the check, plus three times the face amount of the check, court costs and attorneys' fees.
LIMITATION OF LIABILITY, WAIVER, AND INDEMNIFICATION
doral stones’ liability in any action related to the Sales Order or the Products shall in no event exceed the total Balance Due and such liability may be fully discharged by a reimbursement of any payments received by doral stones hereunder. If any claim is made for damage or injury including death, Customer agrees to indemnify and hold doral stones harmless from and against such claim and all loss, damage, injury and expense (including reasonable attorneys' fees and costs) that doral stones may sustain when such claim is directly or indirectly based or related to Customer's or Customer's agents', contractors', or employees' negligent, intentional or wrongful acts or omissions. This limitation of liability is expressly intended to apply to all types of claims, including but not limited to claims for the negligence (either in whole or in part) of doral stones.
MAJOR FORCES
doral stones shall have no liability or responsibility for any losses or damages caused by others including the unavailability of the Products from doral stones’ customary suppliers at costs not materially greater than those normally paid by doral stones or for losses or damages either caused by strikes, war, Acts of God, rain, wind, hurricanes or any event beyond its reasonable immediate control. If the Products become unavailable, Doral stones may substitute material reasonably equivalent to the Products and Customer will be responsible for the increased cost to doral stones.
ASSIGNMENT
Neither party may assign the rights or delegate their duties hereunder without the written consent of the other party.
SEVERABILITY
If any term or other provision hereof is invalid, illegal or incapable of being enforced by any law or public policy, all other terms and provisions shall nevertheless remain in full force and effect
NO WAIVER
Costumer will be bound by the Terms and Conditions above and on the INVOICE, regardless of whether he sign it and the failure of doral stones to enforce them shall not be interpreted as a waiver of the continuing effect thereof.
VENUE
Venue for any litigation which may arise from this Sales Order shall be a court of competent jurisdiction in Miami-Dade County, Florida. All disputes arising under this Sales Order shall be governed by Florida law including Chapter 672 - Uniform Commercial Code-sales, regardless of any conflict of laws statutes. To the extent permitted by law, each party hereby waives its rights to a jury trial of any claim or cause of action.