Cornerstone Landscape Supplies Inc.
Terms & Conditions
Payment Terms – All sales are FOB Framingham / Marlboro, C.O.D., Visa or MasterCard, Cash or local/business checks with proper ID; there is a $25 fee for all return checks. Prices in effect at time of delivery will apply, & are subject to 6.25% sales tax & may change without notice. Cash sale deliveries will be scheduled only after full payment in advance has been received. All purchases are final after 20 days from the date of purchase.
Massachusetts Sales Tax – The MA Sales tax of 6.25% is added to all orders & applies unless Cornerstone Landscape Supplies Inc. has a MA Form S-4 Sales Tax Resale Certificate on file.
Special Order – Non-stock or Special Order hardscape & block products will be available for pick up or delivery approximately 2 weeks from receipt of a signed special order form and require payment in full unless otherwise noted by Cornerstone Landscape Supplies Inc. at the time of quotation or at the time the order is placed. Upon arrival of the order, the customer will be notified to pick up/deliver his (her) order. Material not picked up within 30 days, may be returned to inventory for resale or disposed of.
Cornerstone Landscape Supplies Inc. cannot be responsible for materials that have not been picked up or delivered within the specified 30 day time frame.
Pallet Deposit – A refundable deposit may be charger for pallets. Credit will only be given for stenciled/reusable pallets; we will not accept unstenciled /unusable pallets. However, the Cornerstone Landscape Supplies Inc. supervisor will determine the final number of pallets credited to the customer after inspection. Refunds will be issued by Cornerstone Landscape Supplies Inc. in 10-days of return (proof of purchase is required).
Returns – All items returned must be stacked as originally packaged/shipped, with original sales receipt, & in clean condition. Returns on hardscape materials are full pallet only in its original packaging. We reserve the right to reject any returned item. All returns are subject to a 25% restocking fee. For purchases paid by check, return will be for merchandise credit only; if the credit is not used within 30 days, a refund check will be issued to the original purchaser. With credit card purchases, returns will be credited upon the acceptance of any returned item. All purchases are final after 20 days from the date of purchase no returns after 20 days from the purchase date.
THE FOLLOWING ARE NOT RETURNABLE FOR CREDIT: All bags goods including mortar, cement, & sand; Special order/non-stock items; Any partial pallet of material, chemicals, powders, cleaners, & sealers; All items, seconds, & overrun materials; Cut to length Geogrid & filter fabric; RESTACKED, muddy, or damaged cubes of block, paver & retaining wall products; Items out of their original packaging or any material not on the Cornerstone Landscape Supplies Inc. stock list; Unstenciled/unusable pallets; Any material in unsellable condition as determined by yard/warehouse personnel; Cash sale material & pallet returns without an invoice copy.
Colors – Each pallet, solids & blends, may vary from the next in color tone & texture-even from the same lot & exact color blend(s) cannot be guaranteed. For optimal color blend results, mix all pallets as you work. Do not pull pave stones layer by layer; instead pull from top to bottom working from all four corners simultaneously. Due to natural variations inherent in the product, it is essential you look at more than one piece to see the range of color, shading, & texture. Once products are installed, we can no longer be responsible for selection. Factors out of our control that do affect materials required are: job conditions, workmanship, plan changes, job site theft, & job site supervision. We, therefore, cannot guarantee any takeoffs due to the extreme number of variables outside of our control.
Warranty – Cornerstone Landscape Supplies Inc. warrants to the customer that the goods furnished under the agreement will conform to any express manufactures warranty given by Cornerstone Landscape Supplies Inc. to the customer. Cornerstone Landscape Supplies Inc. liability & the customer’s exclusive & sole remedy for breach of warranty will be limited to replacement of the goods, or, at Cornerstone Landscape Supplies Inc. option, refund of the purchase price of any goods. Cornerstone Landscape Supplies Inc. cannot guarantee that the color of any replacement goods will match the color of the defective goods or of original goods which are not replaced, & replacement labor is not included. Cornerstone Landscape Supplies Inc. will have no liability beyond the purchase price nor will Cornerstone Landscape Supplies Inc. be liable for any special, consequential, incidental or indirect damages incurred in connection with the purchased goods. Cornerstone Landscape Supplies Inc. does not assume or authorize any other person to assume any other liability in connection with the goods purchased under the agreement.
Delivery hours – Special delivery dates & times may be available upon request. Once the customer releases an order, it is assumed that both the job is ready for materials & there is proper access for our trucks and/or vehicles. Materials will be positioned as close to the project as possible at the time of delivery. All goods must be examined at the time of delivery and damages or shortage must be recorded on the delivery acceptance forms. Cornerstone Landscape Supplies Inc. cannot be responsible for material and/or quantity discrepancies if customer has verified the order & signed the invoice. Customer has 24 hours to notify Cornerstone Landscape Supplies Inc. of any problems with a delivery by speaking personally to a Cornerstone Landscape Supplies Inc. representative.
Delivery Terms – It may not be necessary for you be present when we deliver if you provide us with specific written instructions, clearly mark the area for the delivery to be placed & we will accommodate you as best we can. When deciding where you would like materials placed; please check the area for overhead wires, low tree limbs, septic systems, etc. In wet weather, the ground is very soft & our heavy trucks cannot always pass; please plan an alternate location, if this is the case. Cornerstone Landscape Supplies Inc. assumes no liability for any damage to lawns, curbs, driveways or other property. Due to the obvious weight of equipment & product, Cornerstone Landscape Supplies Inc. cannot be responsible for ruts or damage to property if we are asked to deliver beyond the curb. On deliveries, the material will be sent by the curb with a forklift or as far into the job site as possible. For this service, the following will apply:
a) Customer by sign the Invoice understands that if any damage to the property may occur, it is not Cornerstone Landscape Supplies Inc. responsibility.
b) If the driver determines that leaving the road would cause excessive damage to the property, cause damage to neighboring property, put Cornerstone Landscape Supplies Inc. equipment in danger, or cause Cornerstone Landscape Supplies Inc. equipment to get stuck, the driver will deliver material to the curb.
c) Drivers are responsible for their trucks & time spent on the job. They will not leave the road if conditions suggest a high likelihood of getting stuck or doing damage to property or their vehicles. In no case will the driver leave the road if in the driver’s opinion the delivery would be unsafe.
d) For the purpose of safety, drivers are not allowed to place material on scaffolding or floors, into an excavated area they cannot clearly see, over fences, walls, wire, or any other areas they determine to be unsafe.
e) No claims of damage or shortage will be considered by Cornerstone Landscape Supplies Inc. unless made within 24 hours after receipt of shipment by the customer & accompanied by Cornerstone Landscape Supplies Inc. invoice and/or production number.
Delivery Schedule – Due to the many variables associated with deliveries, all delivery dates & times stated by Cornerstone Landscape Supplies Inc. are approximate & are estimated in good faith to the best of our ability. Cornerstone Landscape Supplies Inc. shall not be liable for any failure to perform or for any delay in the delivery or shipment of products, or for any damages or costs of any kind or nature suffered by customer due to such failure or delay, when it is directly or indirectly caused by acts of God, acts of customers, war, riots, fires, explosions, floods, strikes, accidents, weather, traffic, failure in production or production equipment, shortage of raw materials, common carries available for hire, labor or storage facilities, independent acts of any common carrier, or any other cause or causes beyond the reasonable control of Cornerstone Landscape Supplies Inc.
Delivery Cancelations – It is the customer’s responsibility to inform Cornerstone Landscape Supplies Inc. of the cancellation of any scheduled shipment within 24 hours due to weather or job site conditions. Failure to do so will result in delivery of material to the nearest accessible location on the job site or, at the request of the customer, return to a Cornerstone Landscape Supplies Inc. facility with applicable charges (minimum of $150.00 Dry Run Charger).Orders must be cancelled by speaking personally to a Cornerstone Landscape Supplies Inc. representative. In any case the customer may be charged a handling fee if a load is held, cancelled, or changed once the truck has been loaded. Cost to be determined by the manager. Due to fluctuating fuel costs, we reserve the right to assess a fuel surcharge.
Indemnification – The Buyer shall at its own expense apply for & obtain any permits & inspections required for the installation and/or use of the products. Seller makes no promise or representation that the products or services will conform to any federal, state, or local laws, ordinances, regulations, codes, or standards. The seller shall not be responsible for any losses or damages sustained by the buyer or any other person because of improper installation or misapplication of products. Buyer shall defend, indemnify & hold harmless seller & its agents & employees against any loss, damage, claim, suit, liability, judgment or expense (including, without limitation, attorney’s fees) arising out of or in connection with any injury, disease, death of persons (including, without limitation, buyer’s employees & agents) or damage to or loss of any property or the environment, or violation of any applicable laws or regulations resulting from or in connection with the sale, transportation, installation, use or repair of the products by the buyer or of the information, designs, services or other work supplied to buyer, whether caused by the concurrent and/or contributory negligence of buyer, seller, or any of their agents, employees or supplier. The obligation indemnities & covenants contained in this paragraph shall survive the consummation or termination of this transaction.
Governing Lawn & Dispute resolution Procedures – The enforceability, construction, interpretation, & validity of this Agreement & any resolution of any dispute concerning the service shall be governed by the substantive lawns of the Commonwealth of Massachusetts. Any dispute, controversy or claim arising under, in connection with or relating to this Agreement or the Service shall be subject to & settled finally by binding arbitration in accordance with the Arbitration Rules of the American Arbitration Association (AAA). All arbitration proceedings shall be held in Boston, Massachusetts. The award of the arbitrator shall be binding & final upon all parties, & judgment on the award may be entered by any court having proper jurisdiction thereof. In any arbitration arising hereunder, each party to the preceding shall be responsible for its own costs incurred in connection with the arbitration proceedings.
