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Poseidon Stone - Terms of Sale
   
 

Ordering

  • All sales are final and currency is in U.S. Dollars
  • Please allow 10-12 weeks for delivery from the date the order is placed.
  • Minimum Tile order (including borders) is 1 X 20’ Container load.
  • Minimum Travertine order (including borders) is 1 X 20’ Container load.
  • Some mosaics, all moldings and all borders are sold by piece.
  • All prices are per square foot unless price per piece (Price p/p)
  • Please call for other items and for container sales.

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 Poseidon Stone’s invoice.

Shipping

  • All prices are CIF (named destination) only and subject to change without prior notice. Sorry, no FOB quotes!
  • All U.S. Customs matters are handled by Licensed Customs personnel located in-house of Poseidon Stone
  • Confirm price, size and availability when placing container orders.
  • For all sea-freight consignments, selection of the carrier is provided for by Poseidon Stone. We currently offer UPS for sample shipments, and common carrier for commercial shipments.
  • Customer is responsible for all costs of shipping the product(s) to the location specified by Customer. Where applicable, separate charges for shipping and handling will be shown on Poseidon Stones’ invoice(s)
  • Poseidon Stone negotiates substantially lower freight costs due to its worldwide shipping volume. These savings are reflected in our all inclusive purchase price. If the ship-to address is not entered correctly during the checkout process, the customer is responsible for paying additional charges that may occur due to the re-routing of the merchandise such as Demurrage, Storage, Inland, etc…. (Steam-ship companies only allow 3 days to unload container).
  • If a shipping rate is quoted at an incorrect rate due to typographical error or error in pricing information received from Poseidon Stone’s suppliers, Poseidon Stone shall have the right to refuse, adjust or cancel any orders placed whether or not the order has been confirmed and whether or not payment has been remitted.
  • Poseidon Stone 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.

What’s involved in your product delivery?

  • Export Customs Clearance (trucking from factory to vessel)
  • Cargo Storing (if required at the terminal)
  • Customs Clearance (at the port of arrival)
  • Examinations (Cargo inspections are now frequently required.)
  • Demurrage (storage charges incurred for detained containers)
  • Duties (where charged by governments)
  • Merchandise Processing Fee (Charged by Customs & Border Protection)
  • Harbor Maintenance Fee (charged by Customs & Border Protection)
  • Product and Maritime insurance
  • CBP Brokerage and other charges (administrative fees involved in CBP Clearance)
  • In North America, delivery to final destination (any zip code or postal code in the United States or Canada).

Returns or Damage

  • Returns are accepted solely at the discretion of Poseidon Stone.
  • Returns are accepted within 5 days and subject to 25% restocking fee.
  • Prior to signing for receipt of goods, it is the customer’s responsibility to inspect the product packaging for any indication that damage to the product may have occurred in transit. Failure to do so can void damage claims.
  • Damaged goods must be reported within 2 days upon delivery. Item will be replaced for free, but transportation charges will apply. Please include a picture of the damaged goods.
  • All returns must have a Return Authorization number from our Order Desk. Returns must be in original condition and unopened cartons.
  • Installed items and Sample Orders cannot be returned for any reason.

Limitations on Damage

POSEIDON STONE WILL NOT BE LIABLE FOR LOST PROFITS, LOSS OF REVENUE OR OF BUSINESS OR OTHER CONSEQUENTIAL, SPECIAL, INDIRECT, OR PUNITIVE DAMAGES, EVEN IF THEY WERE FORESEEABLE OR IF POSEIDON STONE WAS ADVISED OF THE POTENTIAL OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY THIRD PARTY EXCEPT AS EXPRESSLY PROVIDED HEREIN. CUSTOMER AGREES THAT FOR ANY LIABILITY RELATED TO THE PURCHASE OF PRODUCTS OR SERVICES, POSEIDON STONE IS NOT LIABLE OR RESPONSIBLE FOR ANY AMOUNT OF DAMAGES ABOVE THE AGGREGATE DOLLAR AMOUNT PAID BY CUSTOMER FOR THE PURCHASE(S) UNDER THIS AGREEMENT. THIS LIMITATION WILL APPLY REGARDLESS OF THE FORM OF ACTION (I.E. WHETHER THE LAWSUIT IS IN CONTRACT OR IN TORT, INCLUDING NEGLIGENCE).

Liability

  • Natural stone is a product of nature and is therefore subject to natural variation of color, shading, veins, markings and texture from piece to piece. No claims will be accepted after the materials are installed. We extend no guarantees, expressed or implied, as to slipperiness, wear resistance or maintenance procedures.
  • All natural stone is subject to some wearing or scratching over time. Food and other acids may stain or etch the surfaces of some stones.
  • All products are provided in untreated form - no sealer applied.
  • All borders and mosaics are mesh mounted on paper or plastic.
  • We recommend sealing all natural stone.
  • Shade variation is an inherent characteristic of natural stone.

Samples

  • Only full size samples are available. All samples will be charged at list price plus shipping charges and a $5.00 handling fee included in the shipping charges.
  • Large size sample orders may be cut to fit the shipping terms and conditions of UPS.

Arbitration

All disputes arising out of or in connection with this Agreement shall be referred to and finally resolved by a single arbitrator (the “Arbitrator”) pursuant to the Commercial Arbitration Act, R.S.B.C. 1996, c. 55, as amended. The decision of the Arbitrator on all issues or matters submitted to the Arbitrator for resolution shall be conclusive, final and binding on all of the parties. The Arbitrator shall determine who shall bear the costs of arbitration pursuant to this section 12.