TERMS AND CONDITIONS

 

MATERIAL SELECTION

All sales are final. Costumers acknowledge they have been provided an opportunity to select and inspect the slabs 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

Every slab of Natural Stone is different, therefore the available slabs from one block/batch may not match slabs from future blocks/batches. If customer is not certain of the exact amount of slabs needed, we recommend buying or placing a hold on extra slab(s).

PAYMENT

Products will be delivered after full payment. Customer agrees to pay doral stones any remaining balance prior to pickup or delivery of the slabs. In case of delivery before full payment, any amount not paid will bear interest at the rate of 1,5% per month thereof from the date due.

RETENTION OF TITLE  

In case of delivery before payment, customer agrees that ownership of the slabs will transfer to the customer not from the point of Delivery, but to the time Payment is made in full.

PRICES

Imported Natural Stone prices vary according to demand, Ocean Freight and other factors that are not under doral stones' control. Therefore prices of different batches are subject to change without prior notice.

STORAGE

doral stones can hold slabs for up to 60 days free of charge. Within these 60 days, customer must send doral stones a Delivery Authorization Form. After the 60 day period a daily storage fee of $1.00 per slab will be charged to customer. If Customer fails to send the Delivery Authorization Form within 120 days of Invoice day, doral stones shall be entitled to sell the unpaid slabs and apply the proceeds of original sale to unpaid interest charges, collection costs, and storage fees. 


CANCELLATION

No return, no exchanges. All sales are final.

doral stones may, in its sole and absolute discretion, accept cancelations upon request made no later than 30 days after the date of the Invoice if the slabs are still in the warehouse (not delivered) and a 7% restocking fee will be charged to those refunds.

If slabs have been delivered, authorized returns must be shipped back to doral stones on Customer's expense and must be accompanied by the 7% restocking fee of the authorized returned material.

All unauthorized returns will be refused.

After 30 days, no Cancellation will be accepted.

DELIVERY TERMS

doral stones will not deliver stones without Delivery Authorization by customer.

Receiving agent will inspect and accept slabs on behalf of customer. doral stones is not responsible for any damages during the unloading. It is the receiver's responsibility to handle and store the customer's slabs 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 it in full.

Payment of a delivery charge charge does not provide for delivery insurance.

SPECIAL OR CUSTOM ORDERS

Full payment is required for special orders such as brushing and honing.

Special orders cannot be cancelled or returned.

FABRICATION

doral stones does not offer 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 responsible 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.

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 losses or damages either caused by strikes, war, Acts of God, rain, wind, hurricanes or any event beyond its reasonable immediate control. If the slabs 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.

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