Terms and Conditions Purchase and Use of Web Site
Terms and Conditions Purchase and Use of Web Site
PLEASE READ THE FOLLOWING.
By selecting the "ORDER" button, you are signing this ORDER electronically. You agree your electronic signature is the legal equivalent of your manual signature on this Application. By electronically signing you consent to be legally bound by this terms and conditions. You further agree that your use of a key pad, mouse or other device to select an item, button, icon or similar act/action, or in accessing or making any transaction regarding any agreement, acknowledgement, consent terms, disclosures or conditions constitutes your signature (hereafter referred to as "E-Signature"), acceptance and agreement as if actually signed by you in writing. You also agree that no certification authority or other third party verification is necessary to validate your E-Signature and that the lack of such certification or third party verification will not in any way affect the enforceability of your E-Signature or any resulting contract between you and California Building Material Supply. You also represent that you are authorized to submit this document for all persons and/or entities who own or are authorized to access any of your accounts and that such persons and/or entities will be bound by the terms of this document.
Shipping Rates and Quotes
The EarthStoneRock.com web site has a limited amount of pre-configured shipping rates for palleted material such as SuperEarth-sacks, pallets of bagged material, pallets of stone, rolls of artificial grass and other similar items. These are generalized rates based upon normal easy to access locations for our large trucks. Areas with hillside, mountain roads, difficult turns, low hanging tree limbs, utility wires, unpaved surfaces, rural driving conditions or other physical terrain issues will result in higher rates.
It is the buyer's responsibility to inspect materials prior to unloading of materials from trucks. If for any reason there is a conflict between what the Buyer is expecting and the material that has been delivered to the site the time to prevent more problems is when the material is still in the truck. If there is a problem instruct the truck driver to hold the load on the truck while you contact us. Please be prepared to send photos and explain the nature of the conflicting standards.
Material Delivery Services
California Building Material Supply is a seller of materials for landscape and building construction or improvement. Our obligation is to delivery materials the nearest safe location of the site from the public road, and this "safe location" is the sole determination of the delivery driver. CBMS are not contractors and only perform services at the direction of and risk the Buyer, or the buyer's Agent(s.) It is the Owner / Buyer's responsibility to supervise all activities and accept all responsibility activities during the delivery once entering the delivery site. Any damages resulting from deliveries from common carriers are between the property owner and the common carrier, however the common carrier may relay upon this section for exclusion of liability.
Services After Delivery
California Building Material Supply is a seller of materials for landscape and building construction or improvement. CBMS are not contractors and only perform services at the direction of and risk the Buyer, or the buyer's Agent(s.) We insure our staff through standard workers compensation insurance. We do not provide liability insurance for services performed at delivery locations as we work soley at the direction and responsibility of the property owner or buyer for the materials. It is the Owner / Buyer's responsibility to supervise all activities and accept all responsibility activities during the delivery once entering the delivery site. Any damages resulting from services performed by the staff from CBMS and it's delivery agents and operators are the responsibility and liability of the property owner, their agent or contractor ordering the materials for which movement, placement or installation has been requested.
Earth, stone and masonry other building products are of course natural products. Variations in industry or branded product names, color and texture do occur and are part of what make these building products so unique. Please use the photographs within these pages only as a guide. These images depict building materials products that have been, crushed, cut, shaped or manufactured to achieve the visual and structural requirements for landscape or structural building construction. Photos of materials in actual landscapes or buildings reflect craftsmanship that may have changed the appearance of the delivered material. Additional weather and lighting conditions at the time each photo was taken and the limits of different computer screen resolution, can and do effect the appearance. Therefore, we cannot guarantee an exact match to any of the images contained herein. Photos are of materials as specified in product description and or provided by the Quarry, Manufacture or Vendor of these products or our own in field photos and product analysis and represent the specified product but may not be of actual inventory on hand during any given period of time. Product specifications and availability are subject to change without notice.
Late Payments & Refused Payments
Please take notice that our policy on monies owed is 36% (percent) annual rate plus a $35.00 a monthly account management fee. California Building Material Supply offers products and services based upon the terms for each quote we make. Those terms vary from COD to Net 30 days, terms are posted to quotes and invoices prior to shipping of orders, acceptance of that quote and receipt of merchandise constitutes acceptance of those terms of payment. Timely payment based upon those terms allows us to be able provide the discounted prices we offer for that quote. In the event that the "Buyer" fail to honor the terms of purchase and does not pay Seller (or their designated Agents in the case of factored invoices) within 30 days from the due date of the terms of payment for the delivery of material(s) as invoiced, then the "Buyer" shall forfeit any discounts applied to their invoice as result of bids, quotes or posted SALE prices or discounts from the web site and shall be billed at the published LIST price of those products and services on the web site.
Return and Cancellation
We are committed to complete customer satisfaction. However, if a customer is unsatisfied all returns must be authorized on the day of the delivery of the material. Upon return request, the customer will have to pay a 25% restocking fee for the total amount of the material, the shipping charge on the invoice, and the return shipping charge. In the case of order cancellation prior to delivery, customer will still be charged a restocking fee of 25% of the total price of the material on the invoice.
Preliminary Lien Notice and Lien Enforcement
Buyer shall provide Seller all necessary information for materials and services being provided on credit past 7 days. If after 7 days Buyer has not made payment and was not specifically granted terms of credit by Seller, Seller will file Preliminary Lien Notice with the Property owner where materials and services were provided at the complete expense of Buyer. Charges are $65.00 per office hour plus expenses.
California Building Material Supply believes that for most consumers and end users of these landscaping or building material products the best location to view most of these products is at the actual site where they are going be used. This is particularly true for existing homes and commercial locations that are being renovated or re-landscaped. Samples of most materials can be delivered and evaluated by you on site for you to make the most informed choice possible.
Samples are shipped via United State Postal Service, Priority Mail. We can get about 16 pounds of material into a large flat rate box. Samples are sent with an invoice on Net 10 Day Terms. When ordering your samples use the Purchase Order function at checkout and enter SAMPLES. This will allow you to make a purchase without having to pay for the samples at that time.
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE. All users of this site agree that access to and use of this site are subject to the following terms and conditions and other applicable law. If you do not agree to these terms and conditions, please do not use this site.
The entire content included in this site, including but not limited to text, graphics or code is copyrighted as a collective work under the United States and other copyright laws, and is the property of California Building Material Supply. The collective work includes works that are licensed to California Building Material Supply. Copyright 2003, California Building Material Supply ALL RIGHTS RESERVED. Permission is granted to electronically copy and print hard copy portions of this site for the sole purpose of placing an order with California Building Material Supply or purchasing California Building Material Supply products. You may display and, subject to any expressly stated restrictions or limitations relating to specific material, download or print portions of the material from the different areas of the site solely for your own non-commercial use, or to place an order with California Building Material Supply or to purchase California Building Material Supply products. Any other use, including but not limited to the reproduction, distribution, display or transmission of the content of this site is strictly prohibited, unless authorized by California Building Material Supply. You further agree not to change or delete any proprietary notices from materials downloaded from the site.
All trademarks, service marks and trade names of California Building Material Supply used in the site are trademarks or registered trademarks of California Building Material Supply
This site and the materials and products on this site are provided "as is" and without warranties of any kind, whether express or implied. To the fullest extent permissible pursuant to applicable law, California Building Material Supply disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement. California Building Material Supply does not represent or warrant that the functions contained in the site will be uninterrupted or error-free, that the defects will be corrected, or that this site or the server that makes the site available are free of viruses or other harmful components. California Building Material Supply does not make any warrantees or representations regarding the use of the materials in this site in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise. Some states do not permit limitations or exclusions on warranties, so the above limitations may not apply to you.
Limitation of Liability
California Building Material Supply shall not be liable for any special or consequential damages that result from the use of, or the inability to use, the materials on this site or the performance of the products, even if California Building Material Supply has been advised of the possibility of such damages. Applicable law may not allow the limitation of exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you.
In the event that a California Building Material Supply product is mistakenly listed at an incorrect price, California Building Material Supply reserves the right to refuse or cancel any orders placed for product listed at the incorrect price. California Building Material Supply reserves the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, California Building Material Supply shall issue a credit to your credit card account in the amount of the incorrect price.
These terms and conditions are applicable to you upon your accessing the site and/or completing the registration or shopping process. These terms and conditions, or any part of them, may be terminated by California Building Material Supply without notice at any time, for any reason. The provisions relating to Copyrights, Trademark, Disclaimer, Limitation of Liability, Indemnification and Miscellaneous, shall survive any termination.
California Building Material Supply may deliver notice to you by means of e-mail, a general notice on the site, or by other reliable method to the address you have provided to California Building Material Supply.
Your use of this site shall be governed in all respects by the laws of the state of California, U.S.A., without regard to choice of law provisions, and not by the 1980 U.N. Convention on contracts for the international sale of goods. You agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to this site (including but not limited to the purchase of California Building Material Supply products) shall be in the state or federal courts located in Los Angeles County, California. Any cause of action or claim you may have with respect to the site (including but not limited to the purchase of California Building Material Supply products) must be commenced within one (1) year after the claim or cause of action arises. California Building Material Supply's failure to insist upon or enforce strict performance of any provision of these terms and conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these terms and conditions. California Building Material Supply may assign its rights and duties under this Agreement to any party at any time without notice to you.
Use of Site
Harassment in any manner or form on the site, including via e-mail, chat, or by use of obscene or abusive language, is strictly forbidden. Impersonation of others, including a California Building Material Supply or other licensed employee, host, or representative, as well as other members or visitors on the site is prohibited. You may not upload to, distribute, or otherwise publish through the site any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law. You may not upload commercial content on the site or use the site to solicit others to join or become members of any other commercial online service or other organization.
California Building Material Supply does not and cannot review all communications and materials posted to or created by users accessing the site, and is not in any manner responsible for the content of these communications and materials. You acknowledge that by providing you with the ability to view and distribute user-generated content on the site, California Building Material Supply is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the site. However, California Building Material Supply reserves the right to block or remove communications or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright, trademark or; other intellectual property right of another or (d) offensive or otherwise unacceptable to California Building Material Supply in its sole discretion.
You agree to indemnify, defend, and hold harmless California Building Material Supply, its officers, directors, employees, agents, licensors and suppliers (collectively the "Service Providers") from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of these terms and conditions or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the site using your Internet account.
In an attempt to provide increased value to our visitors, California Building Material Supply may link to sites operated by third parties. However, even if the third party is affiliated with California Building Material Supply, California Building Material Supply has no control over these linked sites, all of which have separate privacy and data collection practices, independent of California Building Material Supply. These linked sites are only for your convenience and therefore you access them at your own risk. Nonetheless, California Building Material Supply seeks to protect the integrity of its web site and the links placed upon it and therefore requests any feedback on not only its own site, but for sites it links to as well (including if a specific link does not work).