Terms and Conditions
The following are Preferred Marble & Granite’s general terms of business.
You may always find a copy of these terms on the reverse side of an invoice.
Payment Terms: Payment terms are offered as a convenience to customers and may vary with each customer. Preferred Marble and Granite must get paid on an agreed upon timely basis.
Past Due Accounts: All accounts that are 30 days due will be sent a collections letter and reported to D&B and placed C.O.D. When the account is current the credit line will be resumed. All accounts that are more than 60 days past due will be turned over to a collection agency and an attorney for collection. Undersigned agrees to pay all service charges incurred for late payments (1.5% per month).
Returned Checks: All returned checks will be re-deposited and the customer will be charged $39.95 per transaction. If the check is returned for second time, it will be reported to D&B and turned over to the State Attorney’s office for prosecution.
Product Disclaimer
Natural Stone is a product of nature, and no two pieces are exactly alike. Natural color and veining will vary from one tile or slab to another and from one area of the slab to another. All natural stones have unique natural variations and inclusions that are impossible to show in a photograph or sample. Because it is a natural product it is termed an “exceptional product” (i.e. an exception of the norm in the industry. As such it must be handled by professional stone setter, and/or professional stone fabricator. Preferred Marble & Granite is not liable for product that has been mishandled by sub merchants and/or end users, or used in a manner inconsistent with the individual materials specifications.
We are also a wholesale distributor of man-made materials, such as quartz, porcelain, agate, and more. Any man-made product issues are covered solely by the warranty of the products manufacturer.
All clients, customers installers, fabricators, and through fiduciary relationships of the industry and their respective end users, should familiarize themselves with the characteristics, classifications variations of their stone selections and the recommendations set forth by Preferred Marble and Granite. These significant issues are clearly indicated in the Preferred Marble & Granite Terms & Conditions. It is to be thoroughly understood that the USE CONSTITUTES ACCEPTANCE BY ALL INVOLVED PARTIES REGARDING ANY NATURAL AND/OR MAN-MADE STONE PRODUCTS SOLD AND/OR DISTRIBUTED BY PREFERRED MARBLE AND GRANITE.
All merchandise is sold “as is” and there are no warranties, express and implied, or merchantability fitness or any other express/implied or statutory warrant against shade variation, crazing, etching, scratching or wear of natural stone surfaces, abrasion on installed slipping, mishap, or other injury due to the surface characteristic of the stone. For this reason, all stone should be unpacked and inspected prior to installation, as Preferred Marble & Granite, Inc., cannot accept claims for variation in any stone after cutting.
All claims for defects in quality or quantity are waived and will not be allowed if noticed in writing is not delivered to seller within five (5) days after receipt of the merchandise or prior to any installation thereof. Sellar’s liability in any case is limited to replacement of like kind merchandise or repair of the merchandise or prior to any installation thereof. Sellers’s liability in any case is limited to replacement of cost of the item of merchandise or repair of defective merchandise by seller at seller’s option, but in no event shall sellers’ liability exceeds seller’s cost of the item of merchandise claimed to be defective. Seller shall not be liable for delays cause by strikes, natural disasters, interruptions in the supply chains, or accidents. It is understood and agreed by buyer that in no event shall seller be liable for direct, resultant incidental, consequential or any other damaged in cased of default by buyer. Buyer agrees to pay all cost of collections including without limitation, reasonable attorney’s fee weather or not suit is brought and all court cost. The terms and conditions set forth herein constitute the entire agreement which may not be modified orally. Buyer agrees to pay seller at the highest rate allowable by law on all sums not paid when due. Interest shall be payable monthly on the first day of each month.
Our samples are cut from our inventory. Therefore, they are only representations of the products we carry. Preferred Marble and Granite does not guarantee absolute resemblance to the original sample, nor does Preferred Marble and Granite guarantee against changes in shading or veining. Hand sorting of any material is definitely prohibited! If you are unfamiliar with natural stone, its uses and maintenance; please ask your professional stone merchant for more information.
Contract
It is agreed that this contract and any and all disputes regarding its terms or the articles or goods sold hereunder shall be governed by, construed and enforced in accordance with the laws of the State of Florida and all actions shall be brought in the county of Polk in the court of appropriate jurisdiction.
Return Policy
Preferred Marble and Granite charges 25% restocking fee on all items that are returned for credit. The product must be free of scratches and in its original containers. If the product is found defective in any way, the product will not be accepted. If the product was originally billed to terms, then a credit will be issued less the restock from your account. If the product was paid for in full at the time of pick up, then you will be refunded the amount less the restock fee. Any returns must be done within 5 days of its invoice date and will be accepted if the returning materials lot still exists in the warehouse. All returns will be processed once material is inspected by PMG and material is pick up or returned to PMG.
Hold Policy
Preferred Marble and Granite will hold any natural stone product for 30 working days on a verbal commitment. On the 31
th day a purchase order must be remitted from a fabricator or other company within the industry in which their fabricator has provided authorization, and which has an open account on file with Preferred Marble and Granite. Upon the 31
st day and no PO for purchase, the material will be returned to stock for purchase.