TERMS AND CONDITIONS OF SALE
1) Any order shall constitute a binding contract of purchase and sale in accordance with the terms, as stated on the invoice or confirmation of sale document.
2) The general conditions contained in this document, together with
all handwritten and printed materials, form the complete contract and there are no representations, warranties or conditions, expressed or implied, affecting this contract other than as expressed herein.
3) All orders accepted subject to prevailing federal, state or other taxes and cartage applying at the time of shipment. The seller does not guarantee rail or independent truck rates.
4) Any dispute with respect to the contract, its terms, conditions and enforcement shall be governed by the laws of the state of Virginia.
5) All sales are made in accordance with the seller’s samples with purchaser covenants that he has seen and approved. No guarantee of exact color shades is made.
6) Seller shall not be liable for any actual or consequential damage of any kind incurred or suffered by the owner, general contractor, subcontractor or buyer resulting from any delay or inability to deliver the materials purchased under this order, when such delays arises from fires, flood, accidents, riots, acts of God, war, governmental interference or restrictions, breakdown of its manufacturing facilities, severe weather, strikes, labor difficulties, shortage of labor, materials or supplies, or from any other causes beyond the control of seller.
7) No materials may be returned for credit except with the consent of the seller, whether such materials were ordered in excess of the purchaser’s requirements, by mistake or otherwise. There will be a 20% restocking charge plus freight.
8) All materials will be the property of Interlock Paving Systems, Inc. Until final payment has been received, and shall be subject to Virginia’s Mechanic’s lien law.
9) All cod orders are to be paid by cash or certified check.
10) Seller makes no warranty of any kind, expressed or implied, except that
the goods sold under this agreement shall be of the standard quality of seller, and purchaser assumes all risk and liability resulting from the use and/or installation of the goods. Seller neither assumes nor authorizes any person or entity to assume nor
authorize any person or entity or assume from seller any liability in connection with the sale or use of the goods sold, and there are no oral agreements or warranties collateral to or affecting this agreement other than specifically set forth herein.
11) On default by purchaser of any of the provisions of this agreement, seller shall have the option; (1) to refuse to perform further under this or any other existing agreement between the parties, (2) to rescind any agreements between the parties and hold purchaser liable for all damages and losses occasioned thereby, or (3) to resell, at public or private sale, undelivered goods covered by this or any other existing agreements between parties. Seller shall not be liable to purchaser for any profit realized on any resale, but purchaser shall remain liable to seller for the difference between (1) the contract price of the goods plus all expenses of storage and resale, and (2) the resale price of the goods.
12) All pavers are manufactured in accordance with ASTM c936-96, and stone sizes are of metric design. All dimensions and weights are nominal and will vary within accepted standards for concrete products. Square foot quantities vary
from shape to shape and are calculated on mold manufacturer’s blueprints with an allowance for sand joints of approximately 2mm.
13) Efflorescence, a whitish deposit which may appear on the surface of concrete products, is a cement by – product and it will usually wash or wear off in the course of time. The recommended procedure is to allow this natural process to take place.
No responsibility can be accepted by the paving stone manufacturers for efflorescence. (Reference: Portland Cement Association).
14)
All deliveries are made to curb line unless purchaser provides suitable access to a clean, stable storage area for unloading. Any deliveries made past the curb line are
at the complete responsibility and risk of the purchaser. Any resultant damages shall be the purchaser’s risk, and the seller is not responsible for contamination or damage to units at job site.
15) Rejection of goods by purchaser shall not be effective unless manufacturer is notified immediately and followed up in writing to seller within ten (10) days of delivery of such goods. Purchaser shall be deemed to have accepted all goods unless rejection in writing is made prior to installation or use in accordance with the foregoing. Unsuitable or unsatisfactory materials must be available for inspection by the seller prior to installation to entitle the purchaser to any adjustment or credit.
16) Seller does not accept responsibility or liability for paving stones or other products which have not been installed in accordance with manufacturer’s recommended procedures.
17) Use of any materials by or on behalf of the purchaser to complete the project shall be deemed to constitute acceptance.
18) U.S. Patent Numbers: Uni Décor 4,128,257 – Uni Eco Stone 4,834,575 Symetry 4,544,305 – Arrowhead 5,466,089, Four Seasons PICP Collection™ 4,068,524