|1) General Terms and Conditions
Welcome to Stonelocator.com. Stonelocator.com is wholly owned by Building Materials Solutions (BMS), a limited liability company located in Baltimore, Maryland. BMS is doing business as Stonelocator (also "Stonelocator.com" and "Stone-Locator.com"). Stonelocator.com provides a Web site located on the Internet at http://www.stonelocator.com (the "Site") that allows customers (or "Users") to view and purchase products.
All content included on this site, such as text, graphics, logos, button icons, images, digital downloads, data compilations and software, is the property of Stonelocator.com or its content suppliers and is protected by United States and international copyright laws.
3) Customer Eligibility
Our services are available only to individuals who can form a legally binding contract under applicable law. Without limiting the foregoing, our services are not available to minors. Stonelocator.com reserves the right, in its sole discretion, to not accept an order.
4) License and Site Access
Stonelocator.com grants you a limited license to access and make personal use of this site and not to download or modify it, or any portion of it, except with express written approval from Stonelocator.com. This license does not include any resale or commercial use of this site or its contents; any collection and use of any product listings, images, descriptions, or prices; or any use of data mining, robots, or similar data gathering and extraction tools. This Site, or any portion of this Site, may not be reproduced, sold, copied, or otherwise exploited for any commercial purpose without prior written approval from Stonelocator.com. You may not use the Stonelocator.com name, logo or other proprietary graphics without prior written approval from Stonelocator.com. You are granted a limited, revocable right to create a hyperlink to the home page of Stonelocator.com, so long as the link does not portray the products and services of Stonelocator.com in a false, misleading or derogatory manner.
5) Ordering Process
For your convenience, customers may place orders for merchandise via the Internet, on the telephone with a Stonelocator.com sales consultant, via fax, or via email. Stonelocator.com will confirm the pricing and availability of all orders prior to accepting the order. These terms and conditions apply to all orders.
6) Damaged Goods Policy and Requirement to Inspect Upon Delivery
Stonelocator ensures and guarantees delivery of the material in good condition, with a acceptable damage ratio not to exceed 2% of the respective shipment. When ordering tile products, customers should order extra material (approximately 15%, depending on the application) to offset the waste factor inherent in cutting tiles to fit the installation area, and for the possibility of incremental damage. Damaged or missing material in excess of 2 % of the total shipment will be replaced at no charge to the customer, or Stonelocator.com will issue a full refund, or credit for the value of those damaged goods. Customers are required to inspect the material upon receipt and make any claims for damaged or missing products on the Bill of Lading/Delivery Receipt provided by the driver at the time of delivery. In the event of damaged goods arriving, it is important to retain all damaged material and packaging on the premises to provide time for an insurance adjuster to inspect the product. Should the material arrive with visible damage, it is important to notify Stonelocator.com as soon as possible, not to exceed 3 business days from receipt of the material. In the event that the material arrives, and appears to be in good condition, but upon further inspection after delivery, there is concealed damage, customers must notify Stonelocator.com within 3 business days of delivery. In the event of damaged or missing goods, please call your Stonelocator.com representative, or contact our main office at (800) 645-9066. Pictures of the damaged goods, a copy of the Bill of Lading, or other related documentation may be requested by Stonelocator.com to assist in the claims process. Stonelocator.com will be responsible for the filing of freight claims directly with the freight carriers. Notification of damaged or missing products that are made after 3 business days from the delivery of the goods may not be eligible for replacement or refunds. Please understand that a late notification from customers inhibits, or eliminates, the ability of Stonelocator.com to file a freight claim with most carriers.
7) Return Policy
Customers must notify Stonelocator within a 10-day period from delivery if they wish to return the material. Returns will be subject to a 25% restocking fee plus related freight charges. Material that is returned must be packaged for pick-up in the same way it was received. Whenever possible, tile products should be packaged face-to-face and back-to-back to avoid scratches on the surface. Material should be firmly secured inside the crate, or tightly shrink-wrapped on the pallet. Stonelocator.com will not accept returns for goods that have been used by the customer (installed and later uninstalled, or uncrated and handled in a manner that makes the re-sale of the products unfeasible). Credit or refunds for returned goods will be issued after material has been returned to the original shipping location, or other designated Stonelocator.com facility and inspected. Samples and Special Orders (see below) are not eligible for return. Due to the cost of shipping and handling, all products should be selected carefully with an understanding of the consistency in the color and veining. Stone is a product of nature and variations in color and veining may exist and are considered part of the natural characteristics of the stone.
8) Order Cancellation Policy
Cancelled orders that have not been shipped from their original location may be cancelled prior to the goods being shipped. Cancelled orders will be subject to a cancellation fee of 5%. Once goods have shipped from the origin location, cancelled orders will be subject to the Return Policy stated above. Special orders are not subject to cancellation or return. Special orders include, but are not limited to, custom orders, factory direct orders or other non-standard inventory items requiring special consideration on the part of Stonelocator.com for either the manufacturing or distribution process.
9) Shipping Policies and Procedures
Stonelocator.com works with a variety of reputable freight carriers for its US and International shipments. In the case of commercial deliveries (all non-residential deliveries), the customer will be responsible for offloading the pallets at the commercial loading dock or commercial job site. In most cases, customers may order additional services through Stonelocator.com, including lift-gate service (a mechanical elevators on the back of the trucks to offload pallets). Deliveries to residential neighborhoods also require special logistical considerations. These additional services require specialized equipment and will result in additional accessorial charges that are the responsibility of the customer. In most cases, the drivers that deliver to residential areas will not drive onto the driveway of customers in residential areas due to liability concerns, or due to access issues. In the event that a customer orders a residential delivery with a liftgate service, Stonelocator.com is responsible for the delivery and offloading of the material to the end of the driveway. If feasible, and practical, the drivers may, at their sole discretion, agree to roll the pallets (not individual pieces) of material using a pallet jack (similar to a dolley for heavier material), to a more convenient location for the customers. Stonelocator.com does not guarantee that the job site conditions will permit such an accommodation, and the ultimate responsibility for moving the material from the end of the driveway to the final placement of the customer's choosing is the responsibility of the customer. Pallet jacks will not work on gravel, dirt or soft driveways. In the event that the goods need to be moved on the job site, equipment such as a forklift (with pneumatic tires if going over gravel or soft ground) and an operator will be required to move the pallets to their final location. The expenses related to forklifts and operators, is the responsibility of the customer. Please speak with your Stonelocator.com representative if you have questions regarding the freight and logistics process.
10) Limitation of Liability and Disclaimer of Warranty
This site is provided by Stonelocator.com on an "as is" and "as available" basis. Stonelocator.com makes no representation or condition, expressed or implied, as to the operation of this site, or information, content, materials or products included on this site, including, but not limited to implied warranties of merchantability and fitness for a particular purpose. You expressly agree that your use of this site is at your sole risk. Stonelocator.com does not warrant that this site, its servers, or e-mail sent from Stonelocator.com are error-free from viruses, or other harmful components. Stonelocator.com will not be liable for any damages of any kind arising from the use of this site, including, but not limited to direct, indirect, incidental, punitive or consequential damages. In no case, will the total liability of Stonelocator.com exceed the sale price of the goods ordered from Stonelocator.com by the customer.
Any dispute relating in any way to your visit to Stonelocator.com or to products you purchase through Stonelocator.com shall be submitted to confidential arbitration in Baltimore, Maryland, except that, to the extent you have in any manner violated or threatened to violate the intellectual property rights of Stonelocator.com, Stonelocator.com may seek injunctive or other appropriate relief in any state or federal court. Arbitration under this agreement shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.