PURCHASING GOODS WITH PAVING SUPERSTORE US INC.
THIS DOCUMENT CONTAINS VERY IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS, AS WELL AS CONDITIONS, LIMITATIONS, AND EXCLUSIONS THAT MIGHT APPLY TO YOU. PLEASE READ IT CAREFULLY.
THESE TERMS REQUIRE THE USE OF ARBITRATION TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS.
BY PLACING AN ORDER FOR PRODUCTS OR SERVICES FROM THIS WEBSITE, YOU ACCEPT AND ARE BOUND BY THESE TERMS AND CONDITIONS.
YOU MAY NOT ORDER OR OBTAIN PRODUCTS OR SERVICES FROM THIS WEBSITE IF YOU (A) DO NOT AGREE TO THESE TERMS, (B) ARE NOT THE OLDER OF (A) AT LEAST 18 YEARS OF AGE OR (B) LEGAL AGE TO FORM A BINDING CONTRACT WITH PAVING SUPERSTORE US INC., OR (C) ARE PROHIBITED FROM ACCESSING OR USING THIS WEBSITE OR ANY OF THIS WEBSITE’S CONTENTS, GOODS OR SERVICES BY APPLICABLE LAW.
1. THE CONTRACT BETWEEN US:
1.1 These terms and conditions of sale (these “Terms”) are the sole and exclusive Terms which govern the sale of the goods by Paving Superstore US Inc. (We/Us/Our). These Terms comprise the sole and entire agreement between Buyer (You/Your/Yours) and Us, and supersede all prior or contemporaneous understandings, agreements, negotiations, representations and warranties, and communications, both written and oral. These Terms prevail over any of your general or specific terms and conditions of purchase regardless whether or when you have submitted them to Us. Fulfilment of your order does not constitute acceptance of any of Your terms and conditions and does not serve to modify or amend these Terms. These Terms may only be amended or modified in a writing which specifically states that it amends these Terms and is signed by You and Our authorized representative.
1.2 Order Acceptance and Cancellation. You agree that your order is an offer to buy, under these Terms, all products and services listed in your order. All orders must be accepted by us or we will not be obligated to sell the products or services to you. We may choose not to accept any orders in our sole discretion. After having received your order, we will send you a confirmation email with your order number and details of the items you have ordered. Acceptance of your order and the formation of the contract of sale between Us and You will not take place unless and until We have sent Your order confirmation email to you. You have the option to cancel Your order at any time before We have sent your order confirmation email by calling Our Customer Service Department at 1-800-456-7095.
1.3 Should you order by telephone, we will send you an e-mail providing details of your order and our contract terms in a durable format and you will be required to respond to the email to confirm your acceptance of the contract. Upon our receipt of your acceptance email, we will email an acknowledgement to you to confirm that a legally binding contract has been formed.
1.4 Payment in full and cleared funds must be received prior to goods being shipped.
2.1 The prices payable for goods that you order are as set out in our website or by written quotation.
2.2 Delivery charges are included in the price of goods, however some locations attract additional delivery surcharges and it may not be possible for us to deliver to all locations. Please refer to our website Frequently Asked Questions for details of any extra delivery charges.
2.3 All Prices are exclusive of all sales, use and excise taxes, and any other similar taxes, duties and charges of any kind imposed by any Governmental Authority on any amounts payable by You. You shall be responsible for all such charges, costs and taxes; provided, that, You shall not be responsible for any taxes imposed on, or with respect to, Our income, revenues, gross receipts, personnel or real or personal property or other assets. We will use our best reasonable efforts to calculate and provide the total of sales tax, insurance and delivery charges to you prior to Your placement of Your order, though You shall remain responsible for any reasonable shortfall in such calculation not exceeding 5 % (five percent).
3. CANCELLATION BY US
3.1 We reserve the right to cancel the contract between us if:
3.1.1 We have insufficient stock to deliver the goods you have ordered;
3.1.2 We do not deliver to your area;
3.1.3 One or more of the goods you ordered was listed at an incorrect price;
3.1.4 Due to a typographical error or an error in the pricing information received by us from our suppliers
3.1.5 We are unable to ship the goods as a result of complications beyond our reasonable control.
3.2 If we cancel your contract we will notify you by email and will credit to your account any sum deducted by us from your credit card as soon as possible but in any event within 14 days of your order. We will not be obliged to offer any additional compensation for disappointment suffered.
4. TITLE AND RISK OF LOSS
4.1 Title and risk of loss passes immediately to you upon either (a) delivery of the goods to you pursuant to Section 5.1 below; or (b) attempted but unsuccessful delivery to you such as detailed in Section 5.2 below.
5. DELIVERY OF GOODS TO YOU
5.1 DELIVERY. We will deliver the goods ordered by you to the address you give us for delivery at the time you make your order. Please note that we do not deliver to addresses in Alaska or Hawaii. Delivery is FOB Buyer’s Location, subject to the following clauses:
5.1.1 Our standard delivery service uses a large 53' truck with a tail-gate . The dimensions of the vehicle are approximately: L53’ x W102' x H102'’
5.1.2 It is your responsibility to tell us at the time of ordering if this truck is or may be too large for your access. At our discretion and subject to availability, a smaller vehicle may be available to deliver the goods. The length of the smaller truck is 18’ and has a weight limit of 6,000 Its per load. There may also be an extra cost for delivery for using this method. The risk of non-delivery due to truck size remains exclusively with you. We therefore we advise you beforehand to, if need be, consult local expert advice on this matter.
5.1.3 Delivery is made to curbside only and will be unloaded from the back of the vehicle using a tail-gate (a platform that lowers down). The pallets are then rolled off the vehicle using a pallet jack; therefore it is very important that the ground is level and hard such as tarmac or concrete. Grass, compacted soil and gravel are not suitable areas for unloading and will prevent delivery.
5.1.4 Should the carrier encounter problems with delivery as a result of the failure to disclose any relevant information or other causes beyond our reasonable control or anticipation, you will be responsible for full costs of aborted delivery in accordance with Section 5.2 below.
5.1.5 In all circumstances and events, time is not of the essence in this agreement or as respects delivery. Delivery dates are often notified to you by the carrier prior to the goods arriving with you. Alternatively, we will make a reasonable effort to inform you of the anticipated delivery date in advance. Delivery will be made as soon as possible after your order is accepted and in any event within 30 days of your order. Delivery dates notified to you are for guidance only. While we will make all reasonable efforts to meet any proposed delivery date, specific delivery dates cannot be guaranteed or warranted. Any failure to deliver on a specified day or days and any claim by you of late delivery will not be a breach of contract by us nor give rise to any right of compensation to you whatsoever.
5.1.6 You or your authorised representative must be present at the delivery location upon delivery of the goods to inspect the goods prior to signing for the delivery and where necessary assist the driver with the off-loading of the goods.
5.1.7 Occasionally, some pallets of paving will be extremely heavy and the driver may need assistance in unloading the pallet from the vehicle. We use an economical delivery service to ensure our prices remain low, which restricts the maximum offload weight per pallet. If providing assistance to the driver is likely to cause you difficulty, please advise us beforehand and we will offer alternative delivery options, however these are likely to incur additional fees.
5.1.8 By accepting our terms and conditions you acknowledge the conditions required for delivery. You must inform us of any reasons why clauses 5.1.1 to 5.1.7 inclusive cannot be complied with at the time of placing your order, failing which you will be liable for any return and redelivery fees if the delivery company is unable to deliver the goods upon arrival at the delivery location.
5.2 ATTEMPTED AND UNSUCCESSFUL DELIVERY. If for any reason the goods cannot be delivered due to (a) failure of requirements detailed in Section 5.1 above; (b) your failure to accept delivery of any of the Goods on the date of delivery, or (c) any other reason beyond our reasonable control, then in any such event: (i) risk of loss to the Goods shall pass to you; (ii) the Goods shall be deemed to have been delivered; and (iii) we, at our option and pursuant to our sole and exclusive discretion, may (a) store the goods for your pick up: or (b) return the goods to our shipping point, in either case of which, you shall be liable for all related costs and expenses (including, without limitation, storage, insurance and return).
5.3 FAILURE TO DELIVER GOODS WITHIN 30 DAYS OF ORDER. If you do not receive the goods ordered within 30 days of the date upon which you placed and paid for the order, we shall have no liability to you, unless you notify us in writing in accordance with Section 9 (NOTICE) of the failure to deliver within 40 days from the date upon which you ordered and paid for the goods, it being understood that some stock items may have longer delivery times, which circumstance will be explained to you at or shortly following the time of order. Multiple items of one order or related orders may be delivered at different times, which circumstance shall not be the basis of a claim of non-delivery or late delivery. In all events, our sole liability for a proven claim of late delivery shall be limited in accordance with Section 7.4 below.
6. INSPECTION AND ACCEPTANCE OF GOODS & LIABILITY
6.1 You must inspect the goods within 7 (seven) days of receipt (“Inspection Period”). You will be deemed to have accepted the goods unless you notify us in writing and during the Inspection Period of any Nonconforming Goods and provide us with written, photographic or other documentation or evidence reasonably required by Us. Nonconforming Goods means only that (a) product shipped is materially different than identified in Your order; (b) the product’s labelling or packaging incorrectly identifies its contents; (c) the amount of goods shipped to you is in excess of 5% (five percent) above or below the amount ordered; or, (d) more than 5% (five percent) of the goods are damaged or defective (Up to 5% damage is expected in transportation and is not considered a defect or nonconforming. It is recommended that such damaged portions be used for small spaces where cutting is required). Where any nonconformity is obvious upon initial inspection upon delivery, such nonconformity must be, if reasonably possible, recorded upon the carrier’s delivery docket.
6.2 If you provide timely notice of and reasonably substantiate Nonconforming Goods, We shall, in our sole discretion, either : (a) replace Nonconforming Goods with conforming goods (or provide additional conforming goods where there has been a shortfall); (b) credit or refund the price for such Nonconforming Goods, together with any reasonable shipping and handling expenses incurred by you in connection therewith. If We exercises Our option to replace Nonconforming Goods, We shall, after receiving Your return shipment of Nonconforming Goods, ship to You, at Your expense and risk of loss, the replaced Goods to the Delivery Point. Ensure all goods are checked for damage and defects prior to use, as we will not be held responsible for any associated costs of uplifting and/or re-laying of paving goods, items or services.
6.3 You acknowledge and agree that the remedies set forth in Section 7.3.6 are Your exclusive remedies for the delivery of Nonconforming Goods. Except as provided under Section 6.2, all sales of Goods to you are made on a one-way basis and you have no right to return Goods purchased under these Terms to Us.
6.4 Do not arrange for contractors to be on site until your goods have been delivered and checked.
6.5 You must observe and comply with all applicable regulations and legislation, including obtaining all necessary customs, import or other permits to purchase goods from our site. The importation or exportation of certain of our goods to you may be prohibited by certain national laws. We make no representation and accept no liability in respect of the export or import of the goods you purchase.
7. PRODUCT QUALITY AND LIMITED WARRANTY
7.1 NONDEFECTIVE CHARACTERISTICS. The following characteristics and circumstances do not constitute defects in materials, non-conforming goods, breach of warranty or breach of our Terms and Conditions:
7.1.1All photographs are provided as an indication of product appearance only and not as any express or implied warranty of appearance, as lighting conditions, screen calibration and natural variances may affect the appearance of the product.
7.1.2 Natural stone products may vary in colour and texture and will contain individual markings and natural imperfections. These include, but are not limited to mineral deposits which may change over time as the minerals oxidise and can appear as copper, bronze or black colouration or quartzite veining. Reconstituted (manmade) stone products contain natural aggregates and these may vary in colour and texture between batches.
7.1.3 Sawn edged or machine finished flags may include minor variances and irregularities. The surface of hand-cut paving may delaminate slightly.
7.1.4 Efflorescence (white markings) may appear on the surface of paving as a result of a chemical reaction between cement and water. This is a natural phenomenon and will gradually disappear with weathering. Efflorescence is a characteristic of good quality paving with high cement content.
7.1.5 Sizes quoted are nominal and may vary in accordance with manufacturing tolerances. As a general guide, paving sizes quoted may vary by +/- 5mm. The thickness of calibrated paving may vary by +/- 4mm. Some manufacturers include the pointing allowance in the specified paving size. Usually, the quoted sizes and coverage shown on our website are achieved when using an average 10mm pointing joint. Product shape and weight may also vary.
7.1.6 As products may vary between packs and batches, ensure they are mixed from each pack to achieve a blended overall appearance.
7.1.7 Many products will weather over time and this may appear in the form of gradual fading, lichen/organic growth, mineral and/or iron discoloration, discolouration in certain environmental conditions (for instance, areas close to trees or planting borders may be prone to discolouration and require cleaning). Sealing paving can often reduce this effect, however harsh chemicals should never be used on product and You should always seek the manufacturer's guidance prior to application of any sealant or cleaner other than water. Many products will require annual maintenance. Only use cleaning and maintenance products suitable for the product you have purchased, as directed in writing by the manufacturer.
7.1.8 Unless specified to the contrary, our products are intended for exterior use on pathways, driveways, patio and garden applications. Driveway paving products should be used in lightly trafficked areas as this paving is designed for withstanding vehicular weight.
7.1.9 Samples do not constitute express or implied warranties and are provided as an indication of colour and texture only and sample thickness is not necessarily representative of the actual product.
7.1.10 The manufacturers of our products have a continual policy of product improvement. We therefore reserve the right to alter or change our product specifications without notification.
7.2 All complaints must be received in writing.
7.3 LIMITED WARRANTY
7.3.1 THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS. THIS LIMITED WARRANTY CAN ALSO BE FOUND AT WWW.PAVINGSUPERSTORE.COM/WARRANTY.HTM, AND IN THE DOCUMENTATION WE PROVIDE WITH THE PRODUCTS. WE WARRANT THAT DURING THE WARRANTY PERIOD, THE PRODUCTS PURCHASED FROM THE SITE WILL BE FREE FROM DEFECTS IN MATERIALS AND WORKMANSHIP. OUR RESPONSIBILITY FOR DEFECTIVE PRODUCTS IS LIMITED TO REPAIR, REPLACEMENT OR REFUND AS SET FORTH IN THIS WARRANTY STATEMENT. NEITHER ANY PERFORMANCE OR OTHER CONDUCT, NOR ANY ORAL OR WRITTEN INFORMATION, STATEMENT OR ADVICE PROVIDED BY US OR ANY OF OUR SUPPLIERS, AGENTS OR EMPLOYEES WILL CREATE A WARRANTY, OR IN ANY WAY INCREASE THE SCOPE OR DURATION OF THIS LIMITED WARRANTY.
7.3.2 Who May Use This Warranty? This limited warranty extends only to the original purchaser of products and services from the Site. It does not extend to any subsequent or other owner or transferee of the product or any transferee or other beneficiary of the service.
7.3.3 What Does This Warranty Cover? This limited warranty covers during the Warranty Period (as defined below) defects in materials and workmanship in products and services purchased from the Site.
7.3.4 What Does This Warranty Not Cover? In addition to items detailed in Section 7.1 above, this limited warranty does not cover any damages due to: improper installation or workmanship; improper use; failure to follow the product instructions or to perform any preventive maintenance; modifications; combination or use with any products, materials, processes, systems or other matter not provided or authorized in writing by the manufacturer; normal wear and tear; or external causes such as accidents, abuse, chemicals or other actions or events beyond our reasonable control.
7.3.5 What is the Period of Coverage? This limited warranty starts on the date of your purchase and lasts for one (1) year the “Warranty Period”. The Warranty Period is not extended if we repair or replace a warranted product or re-perform a warranted service. We may change the availability of this limited warranty at our discretion, but any changes will not be retroactive.
7.3.6 What Are Your Remedies Under This Warranty? With respect to any defective products during the Warranty Period, we will, in our sole discretion, either: (i)] repair or replace such products (or the defective part) free of charge or (ii) refund the purchase price of such products. We will also pay for shipping and handling fees to return the repaired or replacement product to you if we elect to repair or replace the defective products.
7.3.7 How Do You Obtain Warranty Service? To obtain warranty service, you must call 1-800-456-7095 or email our Customer Service Department at email firstname.lastname@example.org during the Warranty Period, including (a) your original order receipt; (b) a detailed description of the complaint; and (c) photographic evidence of the claimed defect. Your email will be acknowledged with a Warranty Claim Number and will be responded to within 28 days.
LIMITATION OF LIABILITY. THE REMEDIES DESCRIBED ABOVE IN SECTION 7.3.6 ARE YOUR SOLE AND EXCLUSIVE REMEDIES AND OUR ENTIRE OBLIGATION AND LIABILITY FOR ANY BREACH OF THIS LIMITED WARRANTY. OUR LIABILITY WILL UNDER NO CIRCUMSTANCES EXCEED THE ACTUAL AMOUNT PAID BY YOU FOR THE DEFECTIVE PRODUCT THAT YOU HAVE PURCHASED THROUGH THE SITE. NOR WILL WE UNDER ANY CIRCUMSTANCES BE LIABLE FOR ANY LOSS OF PRODUCTION, WORK, DATA, USE, BUSINESS, GOODWILL, REPUTATION, REVENUE OR PROFIT, ANY DIMINUTION IN VALUE, COSTS OF REPLACEMENT GOODS OR SERVICES, OR ANY CONSEQUENTIAL, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES OR LOSSES, WHETHER DIRECT OR INDIRECT.
8. HEALTH & SAFETY
8.1 IT IS RECOMMENDED THAT YOU OBTAIN THE SERVICES OF A PROFESSIONAL WHEN HANDLING OUR PRODUCTS. EXTREME CARE MUST BE TAKEN DUE TO MANY OF OUR PRODUCTS BEING HEAVY AND AWKWARD IN SHAPE TO LIFT. SUITABLE LIFTING EQUIPMENT WILL BE REQUIRED.
8.2 Care should be taken when opening crates of paving and these should always be unloaded from the top of the packs.
8.3 Appropriate protective clothing and safety equipment should be used at all times and health and safety should be followed when working with our products. This includes, but is not limited to eye protection and respiratory protection to protect against stone chippings and airborne dust particles during cutting processes.
8.4 It is your responsibility to ensure you comply with all applicable health and safety regulations and guidelines.
9.1 To You. We may provide any notice to you under these Terms by: (i) sending a message to the email address you provide or (ii) by posting to the Site. Notices sent by email will be effective when we send the email and notices we provide by posting will be effective upon posting. It is your responsibility to keep your email address current.
9.2 To Us. To give us notice under these Terms, you must contact us by email at email@example.com. We may update the email for notices to us by posting a notice on the Site. Notices provided by email as above will be deemed effective upon either (i) receipt by us; or (ii) the date of an electronically generated “read” receipt from your email service.
10. FORCE MAJEURE - EVENTS BEYOND OUR CONTROL
10.1 We will not be liable or responsible to you, nor be deemed to have defaulted or breached these Terms, for any failure or delay in our performance under these Terms when and to the extent such failure or delay is caused by or results from acts or circumstances beyond our reasonable control, including, without limitation, acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion or hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest, national emergency, revolution, insurrection, epidemic, lockouts, strikes or other labor disputes (whether or not relating to our workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, materials or telecommunication breakdown or power outage.
11. SEVERABILITY INVAILDITY
11.1 IF ANY PROVISION OF THESE TERMS IS INVALID, ILLEGAL, VOID OR UNENFORCEABLE, THEN THAT PROVISION WILL BE DEEMED SEVERED FROM THESE TERMS AND WILL NOT AFFECT THE VALIDITY OR ENFORCEABILITY OF THE REMAINING PROVISIONS OF THESE TERMS.
13. NO THIRD PARTY BENEFICIARIES
13.1 These Terms do not and are not intended to confer any rights or remedies upon any person other than you.
14. GOVERNING LAW, JURISDICTION AND ARBITRATION
14.1 All matters arising out of or relating to these Terms are governed by and construed in accordance with the internal laws of the State of Georgia without giving effect to any choice or conflict of law provision or rule (whether of the State of Georgia or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than those of the State of Georgia.
14.2 YOU AND US ARE AGREEING TO GIVE UP ANY RIGHTS TO LITIGATE CLAIMS IN A COURT OR BEFORE A JURY. ANY CLAIM, DISPUTE OR CONTROVERSY (WHETHER IN CONTRACT, TORT OR OTHERWISE, WHETHER PRE-EXISTING, PRESENT OR FUTURE, AND INCLUDING STATUTORY, CONSUMER PROTECTION, COMMON LAW, INTENTIONAL TORT, INJUNCTIVE AND EQUITABLE CLAIMS) BETWEEN YOU AND US ARISING FROM OR RELATING IN ANY WAY TO YOUR PURCHASE OF PRODUCTS OR SERVICES THROUGH THE SITE, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION.
14.3 The arbitration will be administered by the American Arbitration Association (”AAA”) in accordance with the Consumer Arbitration Rules (the “AAA Rules”) then in effect, except as modified by this Section 12. (The AAA Rules are available at www.adr.org/arb_med or by calling the AAA at 1-800-778-7879.) The Federal Arbitration Act will govern the interpretation and enforcement of this section.
14.4 The arbitrator will have exclusive authority to resolve any dispute relating to arbitrability and/or enforceability of this arbitration provision, including any unconscionability challenge or any other challenge that the arbitration provision or the Agreement is void, voidable or otherwise invalid. The arbitrator will be empowered to grant whatever relief would be available in court under law or in equity. Any award of the arbitrator(s) will be final and binding on each of the parties and may be entered as a judgment in any court of competent jurisdiction.
15. ENTIRE AGREEMENT