CONDITIONS OF SALE


Trimstone® DISCLAIMER AND LIMITED WARRANTY

The acceptance by Stoneworks, Inc. (“Manufacturer”) of your purchase order for our Trimstone® product constitutes your agreement to be bound by the terms of this Disclaimer and Limited Warranty (this “Disclaimer”).  As the Manufacturer’s customer, you (“You”) agree that You have placed an order to purchase Trimstone® subject to the following and that Manufacturer would not have accepted Your order and agreed to sell You Trimstone® in absence of the below agreements.  The terms of this Disclaimer are as follows:

1. Manufacturer’s Limited Warranty.  As the sole and exclusive warranty on Trimstone® products You are purchasing, Manufacturer warrants that the Trimstone® product will comply with the specifications and/or drawings accompanying Your purchase order and that all materials and workmanship used in the manufacturing of the Trimstone® product will be free from defects for a period of one (1) year from the date the Trimstone® product is shipped to You (the “Limited Warranty”).

2. Exclusions.  Notwithstanding the Limited Warranty or any other provision of this Disclaimer or any other agreement or principle of law or statute seemingly to the contrary, the Limited Warranty shall not be enforceable unless and until the entire purchase price of the Trimstone® product has been paid to Manufacturer and the Limited Warranty does not include, and Manufacturer expressly disclaim any responsibility for the following:

a. Abuse, misuse, failure to maintain or negligent;
b. Modifications or alteration of the Trimstone® product without Manufacturer’s written consent, including penetrations of any kind in any part of the Trimstone® product;
c. Installation in any manner other than as specified by Manufacture in writing; and
d. Variations in color, grain, striation,or texture of any stone (due to the fact they are naturally occurring and Manufacture has no control over same).

3. Warranties Claims.  All Limited Warranty and other “Claims” (as defined below) must be submitted to Manufacturer in writing within thirty (30) days of the date any defect or other basis for a Claim is discovered or reasonably should have been discovered, or the Limited Warranty shall be void as to that Claim, it being understood that prompt notice is essential to Manufacturer’s ability to assess and potentially remedy any defect.  Notice of Claims must be sent via nationally recognized overnight courier to Omar Pineda, Sales Manager, Stoneworks, Inc., 6840 SW 81st Terrace, Miami , FL 33143 .

 
4. Disclaimer of Warranties.  EXCEPT AS SPECIFICALLY SET FORTH IN THE LIMITED WARRANTY AND ITS EXCLUSIONS AS DESCRIBED IN PARAGRAPHS 1 AND 2 ABOVE, MANUFACTURER AND ALL OF ITS AFFILIATES HEREBY DISCLAIM AND YOU HEREBY WAIVE ANY AND ALL EXPRESS AND IMPLIED WARRANTIES OF ANY KIND, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE OR USE AND OF MERCHANTABILITY.  WITHOUT LIMITING THE SCOPE OF THE FOREGOING SENTENCE, THAT SENTENCE HALL ALSO BE EFFECTIVE TO NEGATE ANY EXPRESS WARRANTIES CONTAINED IN ANY OTHER WRITTEN DOCUMENT OF ANY KIND, REGARDLESS OF THE PARTIES THERETO AND REGARDLESS WHETHER SUCH DOCUMENT WAS EXECUTED BEFORE, SIMULTANEOUSLY WITH OR AFTER THE DELIVERY OF THIS DISCLAIMER, IT BEING SPECIFICALLY UNDERSTOOD THAT THE TERMS HEREOF MAY ONLY BE MODIFIED BY A WRITTEN DOCUMENT THAT EXPRESSLY AND SPECIFICALLY STATES THAT (I) IT IS INTENDED TO MODIFY THIS DISCLAIMER, (II) IT WAS PREPARED PURSUANT TO THIS PARAGRPAH 4, AND (III) IS SIGNED BY THE PRESIDENT OF MANUFACTURER (AS NO OTHER OFFICE OR REPRESENTATIVE OF MANUFACTURE HAS THE AUTHORITY TO MODIFY THIS DISLAIMER).  WITHOUT LIMITING THE FOREGOING PROVISIONS OF THIS PARAGRAPH 4 BUT AS AN ADDITIONAL DISCLAIMER, THERE ARE NO WARRANTIES WHICH EXTEND BEYOND THE FACE OF THIS DISCLAIMER AND THE TRIMSTONE® IS BEING SOLD “AS IS” EXCEPT TO THE EXTENT OF THE LIMITED WARRANTY AND ITS EXCLUSIONS, AS SET FORTH IN PARAGRAPHS 1 AND 2 ABOVE.

5. Limited Damages.  MANUFACTURER HEREBY DISCLAIMS, OWNER HEREBY WAIVES AND ALL “BENEFICIARIES” (AS DEFINED BELOW) OF THE LIMITED WARRANTY AGREE THAT NEITHER MANUFACTURER NOR ANY OF ITS AFFILIATES SHALL HAVE ANY LIABILITY TO YOU  OR ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LIABILITY FOR PERSONAL INJURY, IT BEING SPECIFICALLY AGREED THAT THE SOLE OBLIGATION UNDER THE LIMITED WARRANTY OR OTHERWISE SHALL BE FOR THE MANUFACTURER TO REPLACE OR REPAIR THE TRIMSTONE®.

 6. Limited Liability.  WITHOUT IN ANY WAY LIMITING THE EFFECT OF THE TWO PRECEDING PARAGRAPHS, YOU FURTHER AGREE THAT ANY DAMAGES FOR WHICH MANUFACTURER OR ANY OF ITS AFFILIATES SHALL BE FOUND LIABLE IN CONNECTION WITH OR ARISING OUT OF YOUR PURCHASE OR USE OF THE TRIMSTONE® SHALL BE LIMITED TO THE PRICE ACTUALLY PAID BY YOU TO MANUFACTURER TRIMESTONE®.

7. Governing Law; Dispute Resolution and Enforcement of Limited Warranty.  This Disclaimer and all matters regarding the Trimstone®; shall be governed by the substantive laws of the State of Florida , conflict of law provisions notwithstanding. All disputes and claims arising out of or related to the Trimstone®; product, this Disclaimer, the Limited Warranty set forth in paragraph 1 hereof, or any alleged failure of, defect in or deficiency of the Trimstone®; product (each a “Claim”) shall be governed exclusively by and subject to the following terms:

a. The notice period contained in paragraph 3 above;
b. No Claim may be pursued via litigation until You and Manufacturer have made a good faith effort to resolve the Claim via non-binding mediation before a mediator certified under Florida law, which mediation shall take place in Miami, Florida;
c. Other than through mediation in accordance with the preceding paragraph, all Claims are to be resolved only by litigation in the courts of the State of Florida sitting in Miami-Dade County, Florida, it being agreed that all objections to venue in such forum are waived and all parties consent to subject matter jurisdiction in such courts;
d. You and Manufacturer hereby waive any right they may have had to trial by jury;
e. The prevailing party in any litigation involving a Claim is entitled to an award of attorneys’ fees and costs in all courts; and
f. All Claims are deemed forever barred and waived if litigation thereon is not commenced within twelve (12) months of the date any defect or other basis for a Claim is discovered or reasonably should have been discovered.

8. Binding on Successors in Interest and Obligation to Delivery Disclaimer.  The terms, provisions, conditions and disclaimers contained in this Disclaimer are intended to inure to the benefit of, restrict and be binding upon You and any other person or entity in privity of contract with You or who uses or relies upon the use of the Trimstone®; product in any building, structure or project, including but not limited to prime contractors, installers, general contractors, construction managers, design professionals and the owner(s) and tenant(s) of the building on or in which the Trimstone®; product is installed (each a “Beneficiary”).   Without limiting anything in this Disclaimer, any Beneficiary or other person or entity that attempts to enforce the Limited Warranty against the Manufacturer necessarily, by making a demand on or Claim with regard to such Limited Warranty, adopts and agrees to all other terms of this Disclaimer.   In order to advise all Beneficiaries of the existence of the Limited Warranty, their rights (if any) thereunder and the terms and restrictions of this Disclaimer, You agree to provide all such Beneficiaries with a copy of this Disclaimer prior to Your receipt of the Trimstone®; product.  The words “You” and  “Your” as used in this Disclaimer shall include all Beneficiaries.  Notwithstanding the foregoing, after the Trimstone®; product is installed in or on a building, if that building is thereafter sold, the Limited Warranty shall automatically terminate as it is not intended to be transferable to subsequent owners of such building.  Use of the word “sold” in the preceding sentence shall include a transfer of fee simple title to the building or land or to the sale of a controlling equity interest in the holder of such title.

9. Miscellaneous Provisions.  The reference to “affiliates” of Manufacturer includes its officers, directors, shareholders, employees, subsidiaries and other companies under common control with Manufacturer.  Use of the word “affiliates” is not intended to imply that any such affiliates have any responsibility, liability or obligations related to the Trimstone®; product or the Limited Warranty.   Unless stated otherwise in Your purchase order, all orders of Trimstone®; product are F.O.B. at Manufacturer’s facility in Miami , Florida , with risk of losing passing upon delivery to the carrier at that location.  If any provision of this Disclaimer is deemed unenforceable, it shall not affect any other provision hereof.

Trimstone® DISCLAIMER

Natural Stone Disclaimer

Natural stone such as marble, travertine and granite are products of nature. Their natural colors and veining will vary from one area to another within each piece. Shade variation, texture and markings are unique characteristics within each piece of natural stone. Certain natural stones contain and may develop additional hairline separations, which do not affect the quality or durability of the Products. Some stone slabs are treated at the quarry with special resins, dyes and polishing techniques, which Stoneworks of Art may not have specific knowledge of.  When cut in half, a slab’s interior characteristics might be different than the exterior, as a result Stoneworks of Art shall not be responsible for any variations in color, shade, veining, texture, markings or hairline separations in the products. Trimstone® is a stone veneer product and is not recommended for use on floors which will be subject to heavy or concentrated loads or floors that might be ground and polished frequently.

The customer agrees that they will replace any material that was not able to be paneled successfully FOR ANY REASON whatsoever during the process, due to the characteristics’ and variability of the customers’ stone as discussed above.  It must be emphasized to the customer that in some stones inclusions (fragments, or other materials encapsulated within the host rock that reach the surface when sawing, and polishing), may appear as grain formation differences, or open texture areas.

3/8” Trimstone® Disclaimer

3/8” Trimstone® is a stone veneer composed of approximately  1/8” stone and 1/4" - honeycomb panel.  Large size panels in 3/8” will have a tendency to be semi flexible yet strong.   Due to the difference in densities in stones, some may reveal hair line stress marks when flexed in fabrication, transportation or installation.  This is more noticeable in granites. These factors are out of Stoneworks of Art’s control and the company will not be responsible for such occurrences.  Stoneworks of Art recommends using 1/2” aluminum backing to minimize flex.   Client acknowledges that in the case of breakage, flaking, fractures or any other reason that would render the material unusable due to inappropriate thickness; client will be required to provide additional material in order to complete the job.   Stoneworks of Art will make every effort to conserve stone by taking proper care of your product while in our custody but we reiterates that the attributes of a specific type of stone can result in loss of material while paneling.
 

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