Buyer understands and accepts the following terms and conditions of sale:
1. PRODUCT QUALITIES:
2. SPECIFICATIONS: Buyer is solely responsible for the accuracy and completeness of all material dimensions, quantities and plans/specifications submitted to MML. Accordingly, MML recommends that Buyer and/or its representative thoroughly review the dimensions, quantities and other specifications contained in MML’s quote and/or order to ensure adequate allowances are made for any inherent or unforeseen overage needs based upon material application. All quantities are exact as shown on the quote and/or order.
3. ARCHITECTURAL STONE FIELD MEASUREMENTS: Buyer is solely responsible for providing all field measurements.
4. ARCHITECTURAL STONE SHOP DRAWING APPROVALS: For custom orders, MML will submit shop drawings to Buyer for prompt review and approval prior to fabrication of custom stone products. MML’s shop drawings will show general stone detail for fabrication based upon information in MML’s quote. Shop drawings will not include the methodology of attachment or installation. Shop drawings not approved and returned by Buyer and/or Buyer’s representative within the time set identified on the first submittal shop drawings may result in a revised delivery time that will reflect MML’s current production schedule and may further be subject to surcharges for rising costs of production, labor, material costs and/or currency exchange rates. The quoted purchase price includes architectural/design fees for one submittal and up to one resubmittal set of shop drawings. Buyer is responsible for the cost of any additional submittals on drawings at the rate of $50.00 per hour.
5. MATERIAL MODIFICATION/CHANGE ORDER FEE: For all custom orders, any modifications to the design, quantities and/or materials requested by Buyer after MML’s receipt of the signed quote and/or order is subject to a material modification fee in addition to any additional cost of the changed work, even if the modification results in a reduction in scope of the original quote.
6. RETURN POLICY: WITHOUT EXCEPTION, CUSTOM TILE AND/OR STONE PRODUCTS ARE NOT SUBJECT TO CANCELLATION OR RETURN FOR ANY REASON ONCE THE ORDER IS ACCEPTED BY MML. For sales of all other eligible products and standard fireplaces, returns within 30 days of delivery are subject to a restocking fee of not less than fifty percent (50%) of the original purchase price, after inspection and acceptance by MML, provided that the non-custom product has not been altered or installed in any way. Buyer will be responsible for return freight.
7. INSPECTION: All products must be inspected by Buyer immediately upon delivery. All claims for defects, deficiencies, variances or otherwise must be reported to MML in writing within five (5) business days of the date of delivery. Any failure to report a claim from Buyer in writing within this period and/or any modification or installation of the product shall constitute a conclusive waiver of all claims related to the product received.
8. SHIPMENTS: Responsibility for the care, custody, and control of the product transfers to Buyer upon receipt of same by Buyer and/or Buyer’s representative. Our standard delivery is a curbside delivery. Drop off point must be clear. There should be NO SNOW or other natural or non-natural interference. If drop off was not able to be made due to site conditions or other variables relating to the customer or representatives (builders, contractors, subcontractors, family members or appointed parties) then additional charges will apply. If a re-delivery needs to be set up, customer will be responsible for all additional charges. Additional freight charges from the freight carrier (trucking company) may apply. If additional tools i.e. forklift, lift or similar equipment are necessary to unload the products it is the customer’s responsibility to provide that equipment and have an equipment operator on site. All delays caused by the customer or the site or its managers for delivery will be charged to the client.
9. SHIPMENT MODIFICATIONS: Requests for partial shipments, additions or modifications of products and/or changes to the delivery location, as well as any delay by Buyer of product production or delivery, will result in additional freight fees, sales tax adjustments and/or other costs for which Buyer will be solely responsible.
10. STORAGE FEES: MML reserves the right to impose a monthly storage fee of $50.00 per crate for product maintained by MML at its storage facilities in excess of thirty (30) days from MML’s completion of order.
11. BACKCHARGES: MML shall in no event be responsible to Buyer or third parties for claims, offsets or backcharges, and Buyer shall have no right to offset such charges against the contract price, for any defect, deficiency or delay in its product unless MML expressly agrees to consent to such claim, offset or backcharge in writing after first having received Buyer’s prompt written notice of its request for same and all supporting documentation within the period set forth in Section 7, infra.
12. LIMITED WARRANTY: To the exclusion of all other warranties that may be applicable to MML’s products by the laws of the State of Texas or otherwise, and subject to the other terms and conditions of this agreement, MML warrants its products as follows: Upon receipt of written notice from Buyer of the existence of any materially defective workmanship in MML’s product within 30 days from the day of delivery of the product (the “Warranty Period”), and upon confirmation of the existence a warranty condition and Buyer’s compliance with all of its obligations under this agreement, MML will repair the defective product or deliver a replacement product without additional cost to Buyer, or refund any monies previously paid by Buyer for the defective piece of product, at MML’s option, without further liability or obligation to Buyer. MML’s liability under this warranty shall be limited to repairing or replacing the products furnished by MML only, and shall in no event involve repairing or replacing any other materials or work performed by others or for any consequential or incidental damages claimed by Buyer. For products not directly manufactured by MML, MML will pass through directly to Buyer any and all warranties provided by the actual manufacturer of the product, and Buyer’s rights, remedies and warranties as they relate to such products shall be limited to that provided by the actual manufacturer. Expressly excluded from MML’s warranty coverage are naturally occurring variances in color, texture and finish of stone, any variance between Buyer’s installation of the product and any conditions caused or contributed to in whole or in part by Buyer’s modifications thereto, abuse, neglect, extreme weather conditions, improper or inadequate maintenance, the application of any sealant or other product not specifically sold or recommended to Buyer by MML in writing for this product, the failure to properly and timely mitigate any damage thereto and/or normal wear or tear under normal usage. MML’s warranties run to Buyer only, and are not assignable. The existence or non-existence of a warranty condition shall be determined by applying the same performance standards originally set out within Chapter 304 of the Texas Residential Construction Commission’s Rules without regard to the expiration of the Rules or Commission. MML makes no other warranty, representation or guaranty, whether express or implied, including without limitation the implied warranty of merchantability or fitness for any particular purpose, that extend beyond the scope of the warranty expressly set forth herein. All warranties hereunder become valid and enforceable only upon Buyer’s full and timely payment of the purchase price and compliance with all terms and conditions of this agreement.
13.PAYMENT TERMS:100% prepayment is required.
14.LIMITATION OF LIABILITY: IN NO EVENT IS MML OR ANY OF ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR REPRESENTATIVES LIABLE FOR CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR ENHANCED DAMAGES, LOST PROFITS OR REVENUES OR DIMINUTION IN VALUE, ARISING OUT OF OR RELATING TO ANY BREACH OF THIS AGREEMENT, OR ANY PRODUCT OR SERVICES PROVIDED HEREUNDER REGARDLESS OF: (A) WHETHER THE DAMAGES WERE FORESEEABLE; (B) WHETHER OR NOT MML WAS ADVISED OF THE POSSIBILITY OF THE DAMAGES AND (C) THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT OR OTHERWISE) ON WHICH THE CLAIM IS BASED, AND NOTWITHSTANDING THE FAILURE OF ANY AGREED OR OTHER REMEDY OF ITS ESSENTIAL PURPOSE. MML’S LIABILITY FOR ANY AND ALL LOSSES AND DAMAGES SUSTAINED BY BUYER ARISING OUT OF THE ORDER SHALL NOT EXCEED THE PURCHASE PRICE OF THE PRODUCT UPON WHICH LIABILITY IS FOUNDED.
Unless otherwise expressly provided herein, payment to MML is due within the period stated on the Purchase Order at the offices of MML in Bexar County, Texas. Past due account balances are subject to interest/service charges at a rate of 1.5% per month. Any failure of Buyer to make full and timely payment to MML as required shall constitute a material breach of contract. All disputes arising out of this agreement shall be resolved in Bexar County, Texas by binding arbitration in accordance with the rules of the American Arbitration Association or by suit brought in the District Courts of Bexar County, Texas, at MML’s election. Should MML seek to enforce any of the terms of this agreement and/or any purchase order against Buyer, MML shall be entitled to recover from Buyer its reasonable and necessary attorney fees, court costs and interest on the debt. ACCEPTANCE OF THIS AGREEMENT AUTHORIZES MML TO PROCEED WITH PURCHASE OF MATERIAL, BLOCK EXTRACTION, SHOP DRAWINGS, FABRICATION AND/OR ALL OTHER RELATED SERVICES. ONCE ACCEPTED BY MML, THIS ORDER IS NOT SUBJECT TO CANCELLATION OR REDUCTION OF THE CONTRACT PRICE BY BUYER. Please make your purchase decisions accordingly.
Buyer understands and accepts the following terms and conditions of sale:
1. PRODUCT QUALITIES:
2. SPECIFICATIONS: Buyer is solely responsible for the accuracy and completeness of all material dimensions, quantities and plans/specifications submitted to MML. Accordingly, MML recommends that Buyer and/or its representative thoroughly review the dimensions, quantities and other specifications contained in MML’s quote and/or order to ensure adequate allowances are made for any inherent or unforeseen overage needs based upon material application. All quantities are exact as shown on the quote and/or order.
3. ARCHITECTURAL STONE FIELD MEASUREMENTS: Buyer is solely responsible for providing all field measurements.
4. ARCHITECTURAL STONE SHOP DRAWING APPROVALS: For custom orders, MML will submit shop drawings to Buyer for prompt review and approval prior to fabrication of custom stone products. MML’s shop drawings will show general stone detail for fabrication based upon information in MML’s quote. Shop drawings will not include the methodology of attachment or installation. Shop drawings not approved and returned by Buyer and/or Buyer’s representative within the time set identified on the first submittal shop drawings may result in a revised delivery time that will reflect MML’s current production schedule and may further be subject to surcharges for rising costs of production, labor, material costs and/or currency exchange rates. The quoted purchase price includes architectural/design fees for one submittal and up to one resubmittal set of shop drawings. Buyer is responsible for the cost of any additional submittals on drawings at the rate of $50.00 per hour.
5. MATERIAL MODIFICATION/CHANGE ORDER FEE: For all custom orders, any modifications to the design, quantities and/or materials requested by Buyer after MML’s receipt of the signed quote and/or order is subject to a material modification fee in addition to any additional cost of the changed work, even if the modification results in a reduction in scope of the original quote.
6. RETURN POLICY: WITHOUT EXCEPTION, CUSTOM TILE AND/OR STONE PRODUCTS ARE NOT SUBJECT TO CANCELLATION OR RETURN FOR ANY REASON ONCE THE ORDER IS ACCEPTED BY MML. For sales of all other eligible products and standard fireplaces, returns within 30 days of delivery are subject to a restocking fee of not less than fifty percent (50%) of the original purchase price, after inspection and acceptance by MML, provided that the non-custom product has not been altered or installed in any way. Buyer will be responsible for return freight.
7. INSPECTION: All products must be inspected by Buyer immediately upon delivery. All claims for defects, deficiencies, variances or otherwise must be reported to MML in writing within five (5) business days of the date of delivery. Any failure to report a claim from Buyer in writing within this period and/or any modification or installation of the product shall constitute a conclusive waiver of all claims related to the product received.
8. SHIPMENTS: Responsibility for the care, custody, and control of the product transfers to Buyer upon receipt of same by Buyer and/or Buyer’s representative. Our standard delivery is a curbside delivery. Drop off point must be clear. There should be NO SNOW or other natural or non-natural interference. If drop off was not able to be made due to site conditions or other variables relating to the customer or representatives (builders, contractors, subcontractors, family members or appointed parties) then additional charges will apply. If a re-delivery needs to be setup customer will be charged. Additional freight charges from the freight carrier (trucking company) may apply. If additional tools i.e. forklift, lift or similar equipment are necessary to unload the products it is the customer’s responsibility to provide that equipment and have an equipment operator on site. All delays caused by the customer or the site or its managers for delivery will be charged to the client.
9. SHIPMENT MODIFICATIONS: Requests for partial shipments, additions or modifications of products and/or changes to the delivery location, as well as any delay by Buyer of product production or delivery, will result in additional freight fees, sales tax adjustments and/or other costs for which Buyer will be solely responsible.
10. STORAGE FEES: MML reserves the right to impose a monthly storage fee of $50.00 per crate for product maintained by MML at its storage facilities in excess of thirty (30) days from MML’s completion of order.
11. BACKCHARGES: MML shall in no event be responsible to Buyer or third parties for claims, offsets or backcharges, and Buyer shall have no right to offset such charges against the contract price, for any defect, deficiency or delay in its product unless MML expressly agrees to consent to such claim, offset or backcharge in writing after first having received Buyer’s prompt written notice of its request for same and all supporting documentation within the period set forth in Section 7, infra.
12. LIMITED WARRANTY: To the exclusion of all other warranties that may be applicable to MML’s products by the laws of the State of Texas or otherwise, and subject to the other terms and conditions of this agreement, MML warrants its products as follows: Upon receipt of written notice from Buyer of the existence of any materially defective workmanship in MML’s product within 30 days from the day of delivery of the product (the “Warranty Period”), and upon confirmation of the existence a warranty condition and Buyer’s compliance with all of its obligations under this agreement, MML will repair the defective product or deliver a replacement product without additional cost to Buyer, or refund any monies previously paid by Buyer for the defective piece of product, at MML’s option, without further liability or obligation to Buyer. MML’s liability under this warranty shall be limited to repairing or replacing the products furnished by MML only, and shall in no event involve repairing or replacing any other materials or work performed by others or for any consequential or incidental damages claimed by Buyer. For products not directly manufactured by MML, MML will pass through directly to Buyer any and all warranties provided by the actual manufacturer of the product, and Buyer’s rights, remedies and warranties as they relate to such products shall be limited to that provided by the actual manufacturer. Expressly excluded from MML’s warranty coverage are naturally occurring variances in color, texture and finish of stone, any variance between Buyer’s installation of the product and any conditions caused or contributed to in whole or in part by Buyer’s modifications thereto, abuse, neglect, extreme weather conditions, improper or inadequate maintenance, the application of any sealant or other product not specifically sold or recommended to Buyer by MML in writing for this product, the failure to properly and timely mitigate any damage thereto and/or normal wear or tear under normal usage. MML’s warranties run to Buyer only, and are not assignable. The existence or non-existence of a warranty condition shall be determined by applying the same performance standards originally set out within Chapter 304 of the Texas Residential Construction Commission’s Rules without regard to the expiration of the Rules or Commission. MML makes no other warranty, representation or guaranty, whether express or implied, including without limitation the implied warranty of merchantability or fitness for any particular purpose, that extend beyond the scope of the warranty expressly set forth herein. All warranties hereunder become valid and enforceable only upon Buyer’s full and timely payment of the purchase price and compliance with all terms and conditions of this agreement.
13. PAYMENT TERMS: § 100% prepayment is required.
Unless otherwise expressly provided herein, payment to MML is due within the period stated on the Purchase Order at the offices of MML in Bexar County, Texas. Past due account balances are subject to interest/service charges at a rate of 1.5% per month. Any failure of Buyer to make full and timely payment to MML as required shall constitute a material breach of contract. All disputes arising out of this agreement shall be resolved in Bexar County, Texas by binding arbitration in accordance with the rules of the American Arbitration Association or by suit brought in the District Courts of Bexar County, Texas, at MML’s election. Should MML seek to enforce any of the terms of this agreement and/or any purchase order against Buyer, MML shall be entitled to recover from Buyer its reasonable and necessary attorney fees, court costs and interest on the debt. ACCEPTANCE OF THIS AGREEMENT AUTHORIZES MML TO PROCEED WITH PURCHASE OF MATERIAL, BLOCK EXTRACTION, SHOP DRAWINGS, FABRICATION AND/OR ALL OTHER RELATED SERVICES. ONCE ACCEPTED BY MML, THIS ORDER IS NOT SUBJECT TO CANCELLATION OR REDUCTION OF THE CONTRACT PRICE BY BUYER. Please make your purchase decisions accordingly.
