Terms & Conditions
1. All handwritten and printed information contained on the front and back of this document form the complete Agreement, and there are no representations, warranties or conditions, expressed or implied, affecting this Agreement other than as expressed herein. This Agreement may be amended only in a writing signed by both parties.
2. Unless specifically noted otherwise, prices are F.O.B. Supplier plant and do not include applicable federal, state and other taxes, all of which remain Customer's responsibility. Freight charges listed are estimates, and WholesaleHardscapes.com will pass onto Customer whatever freight charges actually apply at the time of shipment.
3. This Agreement shall be governed by the laws of the State of Florida and any dispute shall be tried only in the Court of competent jurisdiction in Duval County, Florida. The Customer hereby waives the right to trial by jury.
4. No product may be returned for refund, credit or otherwise without WholesaleHardscapes.com's prior written consent. WholesaleHardscapes.com, at its sole and exclusive discretion, may authorize refunds of the purchase price (excluding freight) less a restocking fee equal to forty percent (40 %) of the purchase price for unopened, undamaged cubes or packages of standard items; and customer pays return freight. All products are directly shipped to customer from the manufacturer's or "Drop Shipped". It is the customers sole responsiblity to inform WholesaleHardscapes.com in writing if they do not receive their order. WholesaleHardscapes.com will not be responsible for unfulfilled or lost orders.
5. Proper installation is important to the overall appearance of an interlocking concrete paver project. To avoid the appearance of large color variations, pavers must be installed randomly from several cubes at a time, working vertically through the cube instead of layer to layer. This will assure subtle blending of color variations between cubes.
6. Unless otherwise specified, on orders of non stock shapes and/or colors, Customer agrees to take delivery on total quantity ordered, with last delivery being within four months of initial order date. (Date Customer signs prior page is the \"initial order date.')
7. The parties will establish a mutually agreeable delivery schedule for the products ordered. WholesaleHardscapes.com regular business hours are Monday through Friday, 7:30AM to 4:30PM. An extra charge shall be assessed by WholesaleHardscapes.com for deliveries made on weekends, holidays or otherwise outside of WholesaleHardscapes.com's regular business hours. Instruction to start shipments must be given by Customer within one month of initial order and must permit completion of shipments within four months of initial order unless specially agreed otherwise in writing by WholesaleHardscapes.com . Shipments after four months from date of initial order are subject to percentage increases in price in accordance with percentage increases in WholesaleHardscapes.com 's official price list (if any) that have occurred since the initial order date.
8.Customer shall be deemed to have accepted all products delivered unless Customer rejects such products in a writing delivered to WholesaleHardscapes.com within five (5) days after delivery. Rejected products shall be made available for inspection, if so requested by WholesaleHardscapes.com , before Customer may be entitled to any adjustment or credit. If the order is picked up directly from the manufacturing facility by the customer, the customer assumes all liablity for transportation of goods and transportaion methods at time of pickup. Customer als agrees that all goods are in acceptable condition at time of pickup and waives right to claim of damaged or defective goods.
9. If, upon delivery to the site specified by Customer, there is no employee of Customer authorized to accept delivery and sign a delivery document evidencing delivery of products under this Agreement, then WholesaleHardscapes.com may deposit the products at the site without obtaining a signed receipt therefor, and Customer agrees to be liable for payment of this invoice as if it were signed by an authorized employee of Customer.
10. The trucks (semi, flatbed, dump, and etc.) used for delivery are not equipped to enter sites that are not accessible by properly paved roads. All deliveries are made to curb line. Any deliveries made past the curb line are the complete responsibility and risk of Customer. Any resulting damages shall be Customer's responsibility, and Customer shall indemnify WholesaleHardscapes.com for same. Additional fees at WholesaleHardscapes.com's then standard rate, if the total waiting and unloading time exceeds one hour. All deliveries outside the state of Florida will require the customer to provide a forklift for offloading.
11. If delivery on wooden pallets is required by Customer, Customer will be charged for any damaged or unreturned pallets. Upon each delivery under this Agreement, Customer shall make all empty pallets available for WholesaleHardscapes.com to pick up at the delivery site, and Customer shall be responsible for all costs of returning any remaining pallets that are not available for pick up at the time of WholesaleHardscapes.com 's last delivery under this Agreement.
12. All orders are to be paid by cash, certified check, approved credit card, or approved personal/business check and shall be paid in full prior to shipment of any product by WholesaleHardscapes.com . There is a 10-14 day processing time on all orders prior to shipment. Typical shipping time frames are 3-4 weeks. On combined orders involving 1" and 2 3/8" product shipping time frames are 4-6 weeks. The manufacturer provides a "week of" delivery time frame and will not provide a specific date. Customer should provide as much delivery information as possible to facilitate proper placement of materials.
13.WholesaleHardscapes.com shall not be responsible for failure to make delivery when prevented by strikes or other labor troubles, by accidents, necessary repairs to equipment, by fire, floods, or adverse weather conditions, by inability to procure transportation, electric power, fuel or other operating materials for machinery, by government regulations, requirements or orders, by acts of public enemies, mobs or rioters, by acts of God, or by any cause or act beyond WholesaleHardscapes.com 's control. WholesaleHardscapes.com reserves the right to refuse to make delivery when it believes delivery unsafe or impractical.
14. Any returned checks due to NSF (non-sufficient funds) will incur a $35 fee per check. All returned checks and associated fees must be paid in full within two weeks of the NSF date stamp on backside of check. If full payment not received within two weeks, we have the right to charges a monthly late fee equal to 5% of the delinquent balance
15. Products sold under this Agreement are manufactured in accordance with American Society for Testing and Materials (\"ASTM\") and American Association of State Highway and Transportation Officials (\"AASHTO\") specifications for concrete products, as applicable. Sampling and testing shall be in accordance with such applicable standards. Any charges incident to additional inspection or tests made by or on behalf of Customer to determine compliance with specification(s) shall be paid by Customer.
16. On default by Customer of any of the provisions of this Agreement, in addition to and without limiting its other rights and remedies, WholesaleHardscapes.com may select one or more of the following options: (i) refuse to perform further under this and any other existing agreement between the parties; (ii) rescind any agreements between the parties and hold Customer liable for all damages and losses occasioned thereby; or (iii) resell, at a public or private sale (as elected WholesaleHardscapes.com ), such undelivered products covered by this and any other existing agreement between the parties as WholesaleHardscapes.com may elect. WholesaleHardscapes.com shall not be liable to Customer for any excess revenues realized on any resale, but Customer shall remain liable to WholesaleHardscapes.com for any amount by which the resale price of the products is less than the sum of: the Agreement price of the products, all expenses and charges for account of Customer specified in this Agreement, and all expenses of storage and resale.
17. Original stone sizes are of metric size and design. All dimensions and weights are nominal and will vary within accepted standards for concrete products. Coverage quantities vary from shape to shape and are calculated on mold manufacturer's blueprints with an allowance for sand joints of 3mm. All U.S. measurements are soft converted from metric calculations.
18. No waiver of rights shall be implied by WholesaleHardscapes.com failure to exercise any given right in one or more particular instances. WholesaleHardscapes.com remedies under this Agreement are cumulative, and the election of one or more remedies shall not constitute a waiver of any other available remedy.
19. The invalidity or unenforceability of any provision of this Agreement shall not affect the validity or enforceability of any other provision of this Agreement, and each provision of this Agreement shall be severable and enforceable to the extent permitted by law.
20. WholesaleHardscapes.com MUST BE GIVEN WRITTEN NOTICE, IDENTIFYING THE DEFECTIVE GOODS AND SPECIFYING THE DEFECT WITHIN FIVE (5) DAYS AFTER RECEIPT OF THE GOODS BY CUSTOMER. WholesaleHardscapes.com MUST ALSO BE GIVEN THE OPPORTUNITY TO INSPECT THE ALLEGEDLY DEFECTIVE GOODS AND, IF REQUESTED BY WholesaleHardscapes.com , THE ALLEGEDLY DEFECTIVE GOODS MUST BE RETURNED TO WholesaleHardscapes.com . FAILURE TO GIVE THE REQUIRED NOTICE WITHIN THE TIME PROVIDED OR FAILURE TO RETURN AN ALLEGEDLY DEFECTIVE GOOD TO WholesaleHardscapes.com FOLLOWING WholesaleHardscapes.com' REQUEST, CONSTITUTES A WAIVER OF A CLAIM FOR CREDIT OR REPLACEMENT.
21. Warning. Sawing or grinding of concrete products may result in the release of dust particles which can cause minor eye or nose irritation. The use of a respirator and safety goggles is recommended if sawing or grinding.
22. It is the sole responsibility of the customer to follow any and all instructions, terms and conditions, and/or any other information provided by the manufacturer of the product purchased from WholesaleHardscapes.com. WholesaleHardscapes.com will not be liable in any way for misapplication of any product purchased from WholesaleHardscapes.com. All manufacturers specification sheets and/or other MSDS sheets will be administered to the customer upon written request.
23. All controversies and claims between you and WholesaleHardscapes.com., directly or indirectly, arising out of or relating to this agreement or this transaction will be determined by non-jury trial. You and WholesaleHardscapes.com., jointly and severally, knowingly, voluntarily and intentionally waive any and all rights to a trial by jury in any litigation, action or proceeding involving you and WholesaleHardscapes.com., whether arising directly or indirectly from this Agreement or this transaction or relating thereto. You and WholesaleHardscapes.com. shall be liable for your own costs and attorney’s fees arising from said controversies or claims.