Terms And Conditions

These “Terms and Conditions” govern the sale of goods or materials or the provision of any services (“Goods and/or Services”) by Olympia Stone II, LTD. (“Seller”) to the person or business entity buying such Goods and/or Services (“Buyer”). 

Each request for quote, order, acceptance of Goods and/or Services and/or payment to Seller by Buyer shall be deemed an acknowledgment and acceptance by Buyer of these Terms and Conditions as then in effect. 

1. SCOPE OF TERMS AND CONDITIONS

Seller’s provision of credit to Buyer, if any, acceptance of any purchase order and/or sale or provision of any Goods and/or Services to Buyer are all expressly conditioned upon Buyer’s acceptance of these Terms and Conditions as then in effect. SELLER HEREBY REJECTS ANY TERMS OR CONDITIONS WHICH ATTEMPT TO ALTER, MODIFY OR CHANGE IN ANY WAY ANY PROVISION HEREOF, OR OTHERWISE ATTEMPT TO SUSPEND, CONTRADICT OR ADD TO ANYTERM OR CONDITION CONTAINED HEREIN, AND BUYER HEREBY WAIVES ALL SUCH TERMS OR CONDITIONS; THUS, SUCH SHALL NOT BE BINDING ON SELLER UNLESS EXPRESSLY AGREED TO IN A SEPARATE WRITTEN INSTRUMENT SIGNED BY SELLER’S AUTHORIZED REPRESENTATIVE. SELLER OBJECTS TO ANY DIFFERENT, INCONSISTENT, CONFLICTING, SUPPLEMENTAL OR ADDITIONAL TERMS OR CONDITIONS AND HEREBY REJECTS SUCH, WHETHER CONTAINED IN PREVIOUS OR SUBSEQUENT PROPOSALS OR COMMUNICATIONS (WHETHER ORAL OR WRITTEN) FROM OR WITH BUYER OR IMPLIED BY TRADE, CUSTOM, PRACTICE, COURSE OF DEALING OR USAGE IN THE TRADE. BUYER AND SELLER AGREE THAT THESE TERMS AND CONDITIONS, AS MAY BE SUBSEQUENTLY MODIFIED BY SELLER FROM TIME TO TIME, ARE ACCEPTED IN GOOD FAITH BY BOTH PARTIES AS THE COMPLETE AND FINAL EXPRESSION OF THE TERMS AND CONDITIONS GOVERNING TRANSACTIONS BETWEEN THEM, AND FURTHER AGREE THAT THERE SHALL BE NO “BATTLE OF THE FORMS” AS DESCRIBED IN SECTION 2-207 OF THE UNIFORM COMMERCIAL CODE.

2. DRAWINGS, PLANS AND SPECIFICATIONS. 

Seller shall be entitled to rely upon the drawings, plans and specifications which were provided by Buyer.  Buyer represents and warrants that any drawings, plans and specifications for Goods and/or Services meet Buyer’s needs, obligations, and expectations, and do not infringe on any third parties intellectual property, including without limitation patents, copyrights, trademarks, or otherwise legally protected designs.  

If the design is not complete at the time of this bid, released for construction drawings will be required before detailing, material purchases, or fabrication can commence, and Seller reserves the right to additional compensation.

3. ORDERS; MODIFICATION AND CANCELLATION.

An order shall be complete when the Goods and/or Services and the price are agreed between the Buyer and Seller, which Seller may memorialize in a Purchase Order.  All orders remain subject to these Terms and Conditions.  

If the order is prepared based on measurements provided by Buyer, then it remains subject to change by Seller after field measurements are conducted, and any applicable increase or decrease will be reflected on the final invoice.  Likewise, final measurements for countertops cannot be taken until the cabinets are ful