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| 1. |
Prices are subject to change without notice. All claims
and returns must be accompanied by original invoice. All merchandise returned
must be in its original carton. No returns for exchange or credit will
be allowed after 5 days from the date of purchase. Marble and tile for
refund must be in stock. Every order placed must be in full cartons only.
All returns for are subject to a 20% restocking fee charge and a 10 day
processing period. There is no warranty expressed or implied on any merchandise
once it has been removed from its original carton or installed. The terms
set forth in this writing are intended as the complete and exclusive statement
of the agreement and may not be contradicted by evidence of any prior
agreement or a contemporaneous oral agreement. The agreement may be amended
or rescinded only by a memorandum signed by both parties or their authorized
agent. Any changes of this contract requested by buyer will subject buyer
to additional charges.
SALES ARE MADE ON A CASH BASIS ONLY, UNLESS PRIOR CREDIT ARRANGEMENTS
HAVE BEEN MADE. BALANCES UNPAID AFTER 30 DAYS FROM THE DATE OF THE INVOICE
MAY BE SUBJECT TO A LATE CHARGE OF 11/2% PER MONTH, OR THE MAXIMUM ALLOWED
BY STATE LAW.
If different, together with expenses incidental to collection, including
reasonable attorney's fees. A CHARGE OF $35.00 WILL BE ASSESSED ON EACH
"NON-SUFFICIENT FUNDS" CHECK RETURNED BY THE BANK, and the account will
be placed on "certified funds only" status. As security for payment of
any sum due, Santa Rosa Marble, Inc. shall have the right to retain possession
of and shall have a lien on any and all property of the buyer. The undersigned
acknowledges that the goods shall remain in SELLER until full payment
in full is maid and said goods shall remain and be treated as the personal
property of the seller. Seller, shall upon default o the buyer, have full
right of repossession irrespective of attachment of goods to any realty.
Seller shall not be responsible for any damages caused by the removal
of said goods. Costs involved in repossession of goods, including labor
and attorney's fees shall be born by the buyer. Repossession shall not
exclude seller from the exercise of any lawful remedies available. |
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| 2. |
All agreements here imposed upon seller shall be subject
to prior sale, war, governmental regulations and requirements, embargoes,
material shortages, labor strikes, fuel shortages, and other factors beyond
the seller's control which prevent or delay performance by seller. Santa
Rosa Marble, Inc. is not liable for any errors, injuries, accidents, damages,
or negligence due to installations by Santa Rosa Marble, Inc. or installers
recommended by Santa Rosa Marble, Inc. |
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| 3. |
Unless otherwise specified PRICE QUOTED FOR GOODS is F.O.B.
Santa Rosa Marble, Inc.’s PICK-UP LOCATIONS without storage. Merchandise
must be picked up within 30 days after purchase. A $25.00 storage charge
per pallet or a $10.00 per item whichever is less will be assessed per
day thereafter.. |
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| 4. |
Buyer hereby consents to allow SELLER to use photographs
of the premises in future Santa Rosa Marble, Inc. advertising. |
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| 5. |
It is understood that the terms of payment are as specified
in the bottom part of this contract and that time is of the essence. This
contract shall be considered to b in default in the event that payment
is not timely made. All payments due here under shall, after default,
bear interest from date of default at the maximum legal rate of interest.
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| 6. |
All orders whether solicited or unsolicited are subject
to Santa Rosa Marble, Inc. acceptance in whole or in part. Santa Rosa
Marble, Inc. will be under no liability for its failure to fill any accepted
order, it is understood and agreed by buyer that in no event shall Santa
Rosa Marble, Inc. be liable for direct resultant, incidental, consequential
or any other damages. |
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| 7. |
Proper venue for the commencement of any legal disputes,
if necessary, shall be Dade County, Florida. |
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| 8. |
Specify on your order whether shipment is to be made by
common carrier or whether you will pickup. When no instructions are given,
seller will determine method of transportation at buyers expense. |
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| 9. |
MARBLE is a natural material quarried from mountains, and
varies in shades, colors and patterns. Even when cut from the same block.
The samples on display are indicative of the type of material, but each
piece is unique. No warranty are made or implied as to consistencies from
tile to tile. SELLER IS NOT RESPONSIBLE for, and shall have no liability
for shipping, mishap or any other injury due to characteristics of the
marble or ceramic tile. Tile may have a slight variation of tone or shades
between the floor sample and the actual stock, all claims for exchange
or credit must be made prior to installation. |
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| 10. |
Santa Rosa Marble, Inc. offers no warranty on any floor
coverings, materials, tools or any other product sold by Santa Rosa Marble,
Inc. The manufacturer is the sole source of any guarantee related to products
that we distribute. |
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| 11. |
Seller does not warrantor guarantee, either expressed or
implied against shade variation, crazing, scratching or any wear of the
marble, ceramic tile or any of floor coverings, surfaces, borders, and
dimensions discovered after installation or alteration. |
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| 12. |
The parties herein acknowledge (i) that any delivery dates
stated on this contract are approximate, (ii) that SELLER shall not be
responsible for any delay in delivery whether or not due to fault of the
SELLER, (iii) the SELLER shall in no event be liable for any damages,
lost wages, lost savings, or any other incidental or consequential damages
whatsoever resulting from any failure or delay in delivery or installation,
whether from cause beyond SELLER's control or not and even if SELLER has
been advised of the possibility of such damage; and (iv) in the event
SELLER shall fail to deliver within (9) months of the date of this contract,
unless due to buyer's failure to make payments when due here under, buyer
as it's sole and exclusive remedy may demand return of the deposit, without
interest, and this contract shall be void and no further voice or effect.
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| 13. |
Purchaser hereby agrees to indemnify and save Santa Rosa
Marble, Inc., its employees, and its agents, harmless from and against
any and all liability imposed by law. Upon Santa Rosa Marble, Inc. on
account of any loss, damage, or injury to property and from all claims
for death or injury to persons arising in any manner out of the sales
of goods here under. Whether or not occasion by Santa Rosa Marble, Inc.’s
own negligence or the negligence of any employee or agent of Santa Rosa
Marble, Inc. Purchasee's duty to indemnify here under shall include all
costs or expenses arising out of all claims specified herein, include
all court and/or arbitration costs, filing fees, attorney's fees, and
cost of settlement. The agreement and indemnity contained in this section
shall survive the expiration or earlier termination of this agreement.
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| 14. |
No warranties or returns on material, setting materials,
tools, ceramic tiles, marble, stone, granite, saltillo, porcelain, non-stock,
installed or sold below regular price, special prices or special orders.
All sales are final. We are not responsible of typographical errors on
this site. |
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INSPECT MATERIAL BEFORE INSTALLATION. INSTALLATION CONSTITUTES
ACCEPTANCE. REFUNDS WILL BE MADE BY CHECK WITHIN 10 WORKING DAYS.
WARNING: ONCE INSTALLED TILE, MARBLE, STONE, GRANITE MAY BE SLIPPERY WHEN
WET. FLOORS SHOULD BE KEPT DRIED AND CLEAN AT ALL TIMES AND ALL SPILLS
SHOULD IMMEDIATELY WIPED UP AND DRIED. |
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