Terms and Conditions

All Sales Quotes and the prices stated shall be good for ten (10) days from date of issuance.

All goods described in any Sales Quote (“Products”) shall be FOB at 11817 Wicks Street Sun Valley, CA 91352, unless otherwise indicated (“Premises”). If you want the Products delivered, You will have to arrange with us or with a common carrier to deliver them to Your intended destination at Your own expense.

The Products are natural wood, tile and/or stone, and vary greatly in size, color, texture and thickness. You specifically agree that the appearance of the Products is not a mistake but are an inherent feature of the Products. The Products have attributes which may require several special installation and maintenance techniques to achieve your desired appearance and You agree not to hold us responsible for any failure to properly install or maintain the Products. We are not responsible for preparing or finishing the Products and the Products are NOT pre-finished.

We require a 50% deposit for all Products not in stock, 100% payment for Products in stock and, in all events, 100% of the purchase price (including taxes and other charges) in good funds upon our receipt ofProducts at the Premises. Without limiting remedies available to us at law and in equity, You agree that in the event Products are specially ordered and you fail to either pay for the balance or fail to timely take delivery of the Products, such failure(s) shall be breach of your agreement with us and entitle us to those remedies provided in Sections 5 and 14 below.

• (a) You agree that all risk of loss for the Products shall shift to You two (2) business days after we notify You of the availability of the Products for delivery to You and we agree that You shall have the right to insure such Products at Your expense.
• (b) Our requirement of payment in full prior to delivery of the Products to You or prior to making the Products available for shipment to You shall NOT result in our becoming responsible for any loss related to the Product subsequent to the 2 business day period as provided above.
• (c) You hereby Grant a lien against the Products for all fees allowed for storage of the Products and any unpaid amount of the purchase price of the Products.
• (d) In the event that You breach this Agreement (or any subsequent invoice based on any Sales Quote) with respect to Products in stock at the time of order, in addition to all other remedies available to us at law and in equity (including holding you responsible for the full purchase price), we may, in our sole discretion, elect to restock the goods and charge You a restocking fee of 50% of the Sales Invoice amount for such goods.

A breach of this Agreement shall be a breach of any and all Invoices or other Sales Quotes issued by us to You directly or indirectly related to the same project site.

Any specially ordered Products covered by any Sales Quote shall be made available by us to You in a reasonable time, provided, however, that we shall in no event be liable to You for our suppliers failing to deliver the goods to us, nor shall any party be liable in damages for any delay or default in performing hereunder if such delay or default is caused by conditions beyond such party's' control including, but not limited to Acts of God, Government restrictions (including the denial or cancellation of any export or other necessary license), wars, insurrections and/or any other cause beyond the reasonable control of the party whose performance is affected. Any delivery estimate is an ESTIMATE of the possible delivery time, which shall not be binding on us.

At the earliest of either (a) Two Days after we notify You of the Products availability or (b) When the Products are placed in the hands of Your common carrier, FOB Premises the risk of loss or damage shall pass to You.

You agree that You will inspect the Products immediately upon Your receipt of the Products and if any of the Products do not conform to the description provided in any Sales Quote, You must promptly notify us within 10 days of Your receipt of the Products or prior to installation or alteration of the Product, whichever shall occur sooner. You agree that any non-conforming Products, once installed, cut or otherwise altered by you or any of your agents or contractors, shall not and may not be returned for credit or otherwise under any circumstances.

We warrant the Products to be merchantable. We make no other express or implied warranties and You waive to the fullest extent of the law all other warranties, including the warranty of fitness for a particular purpose. You agree to provide notice of any breach of warranty within 10 days of Your receipt of the Products and, in any event, any suit for breach of warranty must be made/filed within 6 months of Your taking possession of the Products. For purposes of this Agreement, and without limiting any other events that result in your being in possession of the Products, you shall be deemed to have taken possession and/or be in receipt of the Products when your agent, contractor or designer takes possession of the Product.

By signing any Sales Quote and thereby entering into the Agreement You waive any and all claims for consequential damages or punitive damages and further agree that our liability to You, if any, shall not exceed the price of the goods charged to You.

By signing any Sales Quote, You agree that this matter and any subsequent invoice based on any Sales Quote is a contract which is made in the County of Los Angeles, and the parties irrevocably submit to the jurisdiction of the State of California County of Los Angeles.

We do not review Your plans for accuracy. We do not estimate quantities for wood, tile, or stone products for You. If the first page of any Sales Quote indicates an exception to the immediately preceding sentence, we have estimated quantities based on Your plans which You (not we) have represented to be complete and accurate in all material respects. You or Your contractor, designer and/or other agent are fully responsible for estimating quantity and assuring that sufficient quantities are ordered to account for waste and cuts. We are NOT responsible for the conditions on the job site and whether, based on those conditions, the goods are suitable for installation at the location or any particular installation technique.

In the event that you breach this Agreement (or any subsequent invoice based on any Sales Quote) with respect to specially ordered Products and/or with respect to Products not in stock at the time of order, you acknowledge and agree that the Products are being ordered specially for You, that actual damages for your breach of the Agreement are uncertain, and therefore the parties hereto have provided for liquidated damages as follows: Upon breach, we will, at our option, either (i) Retain the goods that are the subject of the order and Your ENTIRE deposit; or (ii) Retain the goods and retain the deposit and sue You for the full unpaid balance of the purchase price plus any costs and fees of collection enforcement of any lien for storage or; at our sole option, (iii) Restock the goods and charge You a restocking fee of 50%.

Time is of the essence. The parties to this Agreement have the authority to enter into this Agreement. If any part of this Agreement is declared void, the remaining parts shall remain valid. This is a fully integrated agreement. There are no other prior oral agreements between us, all of which are merged into this Agreement. This Agreement cannot be waived, modified, or amended without a writing signed by both parties.