Terms of Sales

Terms of Sales

PLEASE READ THIS DOCUMENT CAREFULLY. IT CONTAINS IMPORTANT INFORMATION ABOUT YOUR RIGHTS AND OBLIGATIONS, AS WELL AS LIMITATIONS AND EXCLUSIONS THAT APPLY TO YOU.

This Agreement contains the terms and conditions that apply to customers for purchases from Time Marble & Granite Inc. (hereinafter referred to as “Time Marble”) and the Time Marble entity named on the invoice that will be provided to you (“Customer”) on orders for products sold. Customer agrees to be bound by and accepts this Agreement as applicable to Customer’s purchase of product(s) from Time Marble, and/or the timemarble.com Website hereinafter named the “Site.” As a condition of sale, Customer agrees to be bound by and accepts these terms and conditions. These terms and conditions apply (i) unless Customer has signed a separate formal purchase Agreement with Time Marble, in which case the separate Agreement shall govern; or (ii) unless other Time Marble standard terms apply to the transaction as noted herein or elsewhere. These terms and conditions are subject to change without prior written notice at any time, in Time Marble’s sole discretion.

I. ORDER ACCEPTANCE POLICY

Customer’s receipt of an electronic or other form of order confirmation does not signify Time Marble’s acceptance of Customer’s order, nor does it constitute confirmation of Time Marble’s offer to sell.  Time Marble reserves the right at any time after receipt of Customer’s order to accept or decline Customer’s order for reasonable cause including but not limited to lack of availability of products, failure by Customer to satisfy payment terms, and/or breach by Customer of this Agreement. If payment has been remitted for the purchase and Time Marble cancels Customer’s order, Time Marble shall forthwith issue a refund equal to the amount remitted for the unaccepted or cancelled order.

II. PAYMENT TERMS

Terms of payment are within Time Marble’s sole discretion and unless otherwise agreed to by Time Marble, payment must be received or otherwise authorized or secured in a form approved by Time Marble prior to Time Marble’s acceptance of an order. Payment for the products will be made by approved credit card, wire transfer, electronic funds transfer or some other prearranged payment method agreed to by Time Marble. Invoices are due and payable by the payment date(s) specified through electronic (including but not limited to e-mail), facsimile (fax) and/or verbal confirmation between Time Marble and the customer. Time Marble may invoice parts of an order separately. Orders are not binding upon Time Marble until accepted by Time Marble (see Order Acceptance Policy). Any quotations given by Time Marble will be valid for the period stated on the quotation. Time Marble reserves the right to adjust or cancel quotations as required.

III. SHIPPING

Customer is responsible for all costs related to shipping product to the location specified by Customer. It is Customer’s responsibility to provide contact information that allows the shipper to contact Customer when shipment is made. Shipping rates are for standard pick-up and delivery only. Additional storage and/or shipping charges and other warehouse charges may apply if Customer can not be contacted, or is not available, to receive product; or if product is redirected upon Customer’s request. If a shipping rate is quoted at an incorrect rate due to typographical error or error in pricing information received from Time Marble’s suppliers, Time Marble shall have the right to refuse, adjust, or cancel any orders placed whether or not the order has been confirmed or whether or not payment has been remitted. Customer is responsible for inspecting freight for shortages or signs of damage upon receipt of goods. All freight, loss, and damage claims must be filed with Time Marble within thirty (30) days from the date the shipment was delivered. Time Marble shall not be liable for special or consequential damages or for any damages arising out of or caused by: (1) Delay, (2) Acts of God or the public enemy, (3) The Authority of the law, (4) Strikes, riots or quarantine, (5) The inherent nature or vice of the goods transported.

IV. TAXES

Customer is responsible for all sales, use, excise, value-added and other charges associated with the order, however designated, including any duties, clearance charges or other destination charges. If applicable, a separate charge for such items will be shown on Time Marble’s invoice.

V. CURRENCY

All references to monetary amounts, including prices, on the timemarble.com Website (the “Site”) and in this Agreement shall be in U.S. currency.

VI. OTHER DOCUMENTS

Other than as specifically provided in any separate formal purchase Agreement between Customer and Time Marble, these terms and conditions may NOT be altered, supplemented, or amended by the use of any other document(s). Any attempt to alter, supplement or amend this document or to enter an order for product(s) which is subject to additional or altered terms and conditions will be null and void, unless otherwise agreed to in a written Agreement signed by both Customer and Time Marble.

VII. TERMS OF USE

Your access to, and use of the Site is governed by Time Marble’s Terms of Use. By using this Site, you signify your acceptance without modification of these Terms of Use. The Terms of Use are subject to change without prior notice at any time, in Time Marble’s sole discretion so you should frequently review the Terms of Use and applicable policies from time to time to understand the terms and conditions that apply to your use of the Site. In the event of any inconsistency between this Agreement and the Terms of Use, the terms of this Agreement shall prevail.