Clovis Architectural Stone - Terms and Conditions of Sale
 

1.      Unless otherwise noted, all orders are for materials listed only, FOB at our production facility in Clovis California.  Costs of transportation, off-loading, installation and installation materials such as hardware, grout, mortar, sealers, Etc., are not included.

2.      All quantities and types of components supplied under this contract are as listed in the relevant quotation.  The accuracy of quantities and types of components required for a specific application is the sole responsibility of the Purchaser or their Authorized Agent.  No material other than those listed on the relevant quotation will be provided without additional charges.

3.      The insurance liability of Clovis Architectural Stone ceases upon delivery of basic components to the shipping agency.  The Purchaser is responsible for inspection of the material upon receipt.  Freight is insured through the shipping agent.

4.      Clovis Architectural Pre-casts Stone are all hand made and hand-finished products.  Therefore, each piece is unique. Submitted samples are only typical of texture, finish, individual characteristics and color.  They should not be considered exact representations of each basic component.  It is important for the Authorized Purchaser to inform their clients of the unique characteristics of cast stone.  The acid-etched finished of cast stone varies from piece to piece and from area to area on individual pieces.  The texture created by entrapped air ranges from smooth to random indentations.  Minor chipping, water staining, and non-structural hairline cracks are also traditional characteristics of pre-cast stone. As with natural stone, color may lighten or darken according to specific field or storage conditions such as humidity, temperature and exposure to sunlight.  The authorized Purchaser is expressly reminded to refer to the CATALOG for approved product information and to examine the Clovis Architectural Stone’s “Limited warranty” for any remedial action available to them regarding product discrepancies or failures.

5.      Basic components require field cuts.  Component layout, project specific details, and choices of setting methods are sole responsibility of the Purchaser or their Authorizing Agent.  Any requests for specific information or recommendations by the purchaser to Clovis Architectural Stone must be made in writing.  Supervision of the installation and damage to basic components during storage and installation are sole responsibility of the Purchaser.

6.      Orders are received and processed as quickly as possible and all efforts are made to satisfy requested delivery dates.  Unless otherwise noted, the standard delivery time is ten to twelve weeks.  Detailed scheduling can only be provided after all pertinent information regarding the specific order is finalized and agreed upon.  On any time sensitive orders, the purchaser is requested to confirm exact scheduling after all particulars are known.  All schedules are subject to a plus or minus seven (7) day tolerance.  Like any manufacturer, Clovis Architectural Stone is dependent upon its suppliers for timely deliveries of raw materials.  In addition, unforeseen complexities in custom mould designs can sometimes cause delays.  Should a delay in a basic component occur, the Purchaser or Authorized Agent will be notified in writing as soon as possible and given the option of accepting the new schedule or substituting or canceling the individual basic component that is causing the delay.  By placing this order, the Authorized Purchaser agrees that Clovis Architectural Stone will be subject to no further liability for any other job related failures or delays, including but not limited to such items as equipment rental, additional labor costs rescheduling costs, additional costs of mortgage money or interest costs, etc.

7.      No cancellations are available after the material has been put into production.  Refunds, less a 20% service charge, will be provided for cancellation of yet-to-be manufactured basic components. Substitution of basic component types made prior to manufacture will also incur a 20% service charge plus any drafting or project management costs incurred before the change or deletion.

8.      Mould charges are priced solely as a set-up charge.  All design, drafting and physical property related to production of the mould remain the sole property of Clovis Architectural Stone.

9.      Prices quoted are for material only and do not include any state or local taxes.  All taxes required by law will be added to your invoice at the time of invoicing.  Authorized Purchase Agents purchasing the material for resale must be in possession of a valid Resale License and have completed a Resale’s Certificate prior to invoicing date.

10.  Our storage facilities are limited. Material held longer than 30 days is subject to 1.5% per month storage charge.  The full 1.5% storage charge will be added on the thirty first (31) day of storage and every thirty first (31) day of storage incurred there after.

11.  Clovis Architectural Stone Employees neither a licensed Architect nor a licensed structural engineer. Typical installation methods discussed with Specifier, General Contractor and/or Masonry Contractor are intended to introduce these professionals to relevant codes and standards.  They are not meant to supersede the recommendations of licensed professionals or substitute for their formal approval or stamp.  Clovis Architectural Stone liability is solely to provide basic components that can be installed to the standards set forth in the relevant UBC, State and local building codes.

12.  Tolerances are plus or minus 1/8” level square, and/or true.  Measurements on custom, blocked or hand formed basic components are plus or minus ¼” level, square and/or true.

13.  Clovis Architectural Stone is liable to provide only the standard hardware, pre-drilling, and/or hollow-outs included in submitted shop drawings.  The Specifier has the discretion to change these: however additional charges will apply.

 

        Clovis Architectural Stone Limited Warranty

 

Clovis Architectural Stone will, for the period of ONE YEAR after delivery, at its sole discretion, either replace or repair any component that, in its opinion, does not meet the Terms and condition of Sale. However, Seller is not responsible for the condition of the substrate or components to which the products are applied.  Furthermore, Seller is not responsible for the mechanical bonding of the adhesive utilized.

Any discrepancies or complaints regarding appearance, including color, tint, hue, shading, color consistency of grain or texture, Etc., and not including cosmetic effect, must be conveyed in writing to Clovis Architectural Stone by the Authorized Purchasing Agent, BEFORE commencing installation.  In the event of a written complaint, Clovis Architectural Stone will examine its production records and compare them with approved samples.  Remedial action will only be considered in the event of a manufacturing discrepancy.

Materials should be thoroughly inspected upon receipt for damage during shipping.  Buyer and installer must inspect each piece before installation.  After Installation Buyer and Installer waive all defects, which could have discovered by reasonable inspection prior to installation. This includes all misalignment, misfit parts, dimensional discrepancies, finishes, colors and the like.  USE CONSTITUTES ACCEPTANCE.

The Authorized Purchase Agent is advised that under no circumstances, either expressed or implied, does this warranty cover the cosmetic appearance of any component or components after they have been installed.

Clovis Architectural Stone SHALL HAVE NO LIABILITY TO ANY PERSON, FIRM OR CORPORATION WHATSOEVER FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES such as but not limited to labor, finishing coats, part damaged by freight carriers, freight charges, installation, lost profits lost sales or the like.

No other warranty, either written or implied, shall supersede this Limited Warranty.