The following terms and conditions apply to all Purchase Orders and Work Orders you place with Artistic Stone Design Of Richmond LLC(“ASD”) for all custom made ASD products (“Products”) and associated installation services (“Services”), unless otherwise agreed to in writing.
Custom Orders, Specifications, and Contract Documents
You understand and agree that the ASD Products you purchase are made to order items that are created in our manufacturing facility (“Custom Orders”) per your specifications received from you, your architect or contractor (“Contract Documents”). ASD shall not be responsible for any errors in Contract Documents, and you agree not to bring any claims against ASD based upon such errors.
Your acceptance of an Estimate and or Work Order (for Products and Services) verifies that you have checked and agree with all specifications set forth in Contract Documents and all other pertinent details and that you consider the Contract Documents correct and complete.
You understand and agree that Custom Orders take time to create and are typically completed between 1 and 4 weeks after ASD is supplied with or can acquire all information (including but not limited to product selections, field dimensions as well as specifications and or samples of products that require modification of ASD’s product to install and or accommodate) ASD deems necessary to produce and or fabricate your Custom Order. Once your Custom Order is placed, we do not allow alterations to sizing or material, nor do we permit any refund after ASD begins creating your Custom Order. You understand and agree that the price set forth in the Quotation shall be due and payable once ASD begins creating your Custom Order.
Prices and Payment
ASD is responsible for supplying only the Products and Services set forth in a Quotation.
Prices quoted for Products and Services are set forth in the ASD Quotation subject to revision if an Estimate is accepted more than 30 days from the quote date.
Delivery of all materials must be accepted within 90 days of the date of the Estimate unless other arrangements are made at the time the Custom Order is placed.
All alterations or changes to an Estimate must be submitted in writing and approved prior to ASD beginning production of your Custom Order. Any change requested to your Custom Order after ASD begins production will be subject to extra costs above the Estimate, including full payment for all time and materials incurred as a result from any requested change order. Most ASD Products are custom and cannot be returned after production has started, except with ASD’s express written agreement. Any Products accepted for return must be in good condition are subject to return and restocking fees.
Limited Warranty for Products
ASD warrants that upon delivery Products will be of good material and workmanship and to be free of material defects which would cause the Products to be unfit for ordinary recommended use and subject to proper installation, normal maintenance, wear and tear. Any warranty claim must be received in writing within 1 year from the date of shipment and will only apply to the installation and fabrication of the product. Defects found to be associated with the manufacture of the materials and or components used in the fabrication of your Custom Product will fall under the warranty (which may or may not be offered) of the material or component manufacture. ASD will make reasonable efforts to assist customers in pursuing warranty claims against material and or component manufactures if the product they produced was found to be defective. Caulking and sealing of fabricated stone products is not covered under any ASD warranty.
If the Products are not in acceptable condition upon delivery, and before installation begins, ASD shall repair or replace the Products at its sole cost and expense but only to the extent that the Products are not of good material or workmanship and not for errors or defects made by material and or components suppliers, in specifications, installation, or Construction Documents.
You shall immediately notify ASD of any Products that do not comply with any Contract Documents, and ASD shall repair or replace any such non-conforming Products provided that ASD has not be instructed in writing to deviate from said documents. Should you accept the Products after inspection, then the Products shall be deemed to be conforming to the Contract Documents and sufficient for installation in your project. If the repair or replacement is necessary due to errors in specifications, installation, or your abuse, misuse or neglect of the Products, you will be responsible for the cost of all such repair or replacement. Products will be repaired or replaced in the stage as originally supplied. Additional finishing or installation is not included. ASD will not pay any cost to remove defective Products or to install new Products from your premises. Final warranty inspection will be made by ASD at the jobsite.
You shall not return any Products until ASD has been provided reasonable opportunity to inspect the Products at your premises to determine whether a defect exists. ASD will not be liable for any Products repaired, returned, or replaced without prior ASD’s written consent. If ASD determines a warranty claim to be invalid, neither repair nor replacement will be issued.
EXCEPT AS SET FORTH HEREIN ASD DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE PRODUCTS INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR OF FITNESS FOR A PARTICULAR PURPOSE.
Limited Warranty for Services
ASD, via its Preferred Vendor Program, warrants that the Services performed pursuant to a Work Order will comply with the plans, specifications, drawings and descriptions furnished or specified in the Work Order and Contract Documents; and that the Services will be of good material and workmanship and free from defects. This warranty shall survive acceptance of any Work by Owner or ASD. ASD’s warranty shall extend one (1) year from the date of substantial completion to which ASD’s Services relates. Caulking and sealing of fabricated stone products is not covered under any ASD warranty.
ASD has no responsibility for any damages or loss due to improper or incorrect installation of Products that are not performed by a ASD Preferred Vendor. ASD has no responsibility for any service warranties for installers, contractors or vendors not enrolled in the ASD Preferred Vendor Program. Such warranties, if any, are between you and those vendors, and not for ASD’s account.
EXCEPT AS SET FORTH HEREIN ASD DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE SERVICES INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR OF FITNESS FOR A PARTICULAR PURPOSE.
Risk of Loss
ASD shall bear the risk of loss for any Products from the beginning of production to the time of delivery, unless otherwise agree to in writing. You shall bear the risk of loss for any Products in your care, custody, or control. ASD has no responsibility for any damages or loss caused by others or by any cause beyond the control of ASD. Natural stone is not a manmade product and variation should be expected, and the location, quantity and size of variations is unpredictable. You understand and agree that variations in the color, texture, and density of all natural stones are to be expected and are acceptable.
Choice of Law and Forum; Mediation
All Purchase Orders and Work Orders shall be governed and interpreted under the law of the Commonwealth of Virginia, and the venue for any action brought under Quotation shall be Richmond County, Virginia. You agree to engage in voluntary mediation in Richmond, VA of any dispute arising from a Quotation prior to initiating formal legal proceedings and will share the costs of such mediation with ASD. No legal or equitable rights of any party shall be limited by this provision.
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