Website Terms of Use
Legal Notice
Please read carefully the following terms of use of this website of Stone-Link Corp. ("Stone-Link"). Your access to and use of this website is subject to these terms. If you do not agree with one or more of these terms, we ask you not to access or use the site. You are deemed to have accepted these terms of use if you access or use this website or the Services. You acknowledge that these terms may be changed by Stone-Link at any time, in its sole discretion without prior notice.
Information Accuracy and Use
The contents of this website are provided strictly for your convenience. Although Stone-Link tries to ensure that information is accurate when it is placed on the site, Stone-Link does not guarantee or represent that the information is accurate, complete, current or suitable for any particular purpose. The information contained in this website is also not intended as legal, financial or insurance advice. Accordingly, you use or rely on such information at your own risk.
All sizes, dimensions, thickness and weights set out on this website with respect to product specifications are nominal and any references to "Approx. Total Sq. Feet" on invoices, quotes or product specifications means the approximate coverage area of the number of pieces purchased based on nominal dimensions including the joints between individual pieces when installed in accordance with Stone-Link's recommended installation instructions.
The information contained in this website, including prices and policy terms and conditions, is subject to change or can be updated without prior notice. Please contact us for more current information regarding products and services offered by Stone-Link.
Limitation of Liability
In no event will Stone-Link or its suppliers or licensors be liable for any damages suffered by you, either directly or indirectly, as a result of the use or inability to use this website or its contents. However, because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.
Availability of Products and Services
Additional terms and conditions apply to purchases of products and services described in this website. Additional terms and conditions may also apply to specific functions available on this website. The products, services and information described in this website are available only in jurisdictions where they may be legally provided, and therefore may not be available in all regions of Canada or to residents of other jurisdictions. Please contact Stone-Link for more information on whether these products and services can be provided in your jurisdiction and for details.
This website is not intended for use by children under the age of 16. Use of this website is void where prohibited by applicable law.
Hyperlinks
Any hyperlinks are provided for your convenience only. These links do not imply an endorsement of any linked sites or an affiliation with their owners or operators. Stone-Link has no control over the content of any linked site. This content is the sole responsibility of the owner or operator of the linked site.
Software Viruses and Malware
Stone-Link makes reasonable efforts to ensure that this website is virus and malware-free, but does not guarantee that this is the case. You are responsible for the entire cost of any service, repairs or corrections necessary as a result of use of this website.
Intellectual Property
Stone-Link, Stone-Link.com, and related words and logos, as well as the names of other products or services of Stone-Link, are trade names, trademarks or registered trademarks of Stone-Link. The names of other companies, products or services referred to in this website may be the trademarks of their respective owners. Any unauthorized use of any of these trade names or trademarks is prohibited.
All contents of this website are Copyright©2016, Stone-Link or its licensors. All rights reserved.
You may download (subject to the terms of any applicable software license) or print a hard copy of materials from this website for your own use, but any copying or reproduction of these materials for commercial purposes without the permission of Stone-Link is prohibited. The distribution, re-transmission, republication, modification, reverse engineering, sale or other exploitation of this website or any of its contents without the permission of Stone-Link is also prohibited.
Privacy and Use of personal Information
You have read Stone-Link's Privacy Policy (http://www.stone-link.com/privacy.html), the terms of which appear on this website and are incorporated into these terms of use. You agree that the terms of the Privacy Policy are reasonable. You consent tot the collection, use and disclosure of your personal information by Stone-Link or its agents or representatives in accordance with the terms of and for the purpose set forth in the Privacy Policy.
Governing Law
your use of this website and its contents will be governed by the laws of the Province of Ontario and any applicable federal laws of Canada, and the courts of the Province of Ontario will have non-exclusive jurisdiction over any legal disputes relating to this website.
Contact Us
We value your visit to this website and welcome any questions or comments you might have about the site, these terms of use or any of the products or services offered by Stone-Link. Please refer to the Contact section of this website for phone and fax numbers and email addresses.
Effective as of May 10,2016
Standard Terms and Conditions of Sale
Stone-Link Corp, ("Stone-Link") provides its products to you (the "Customer") subject to the following terms and conditions ("Terms"), which agreement may be changed by Stone-Link at any time without prior notice for ongoing delivery of products and services. The terms for a specific written purchase order ordered by you and accepted by Stone-Link apply only to that order. Whenever the term Stone-Link is used it is understood to include its employees, agents and representatives.
"Stone-Link Products" means pallets or pieces of Stone-Link manufactured stone profiles and textures intended to replicate natural stone details for landscape use and any other product sold or offered for sale from time to time by Stone-Link.
1. PRICES AND PAYMENT
Stone-Link Products are sold by the piece or pallet. The price to be paid to Stone-Link for the Stone-Link Products shall be the list price of Stone-Link in effect from time to time, plus any applicable:
a. Sales tax, value added tax or excise taxes;
b. Transportation, delivery or insurance charges;
c. Import of custom duties.
All prices are in Canadian currency unless indicated and are subject to change without notice except those in written purchase orders that have been accepted by Stone-Link.
Payment is due thirty (30) days after invoice on approved credit. Any delinquent payment shall bear interest at a rate of 10% per annum. Payment is due prior to delivery of or upon pick-up by the Customer of the Stone-Link Products ordered by the Customer. The Customer agrees to be responsible for all collection costs, including without limitation court costs and legal fees, in connection with the collection of delinquent payments. Stone-Link reserves the right to require full or partial payment in advance of other payments under terms it considers appropriate.
2. DELIVERY
If requested by the Customer and agreed to by Stone-Link, Stone-Link will deliver Stone-Link Products to the Customer. Delivery dates submitted are approximate. Stone-Link will use its best efforts to meet the approximated delivery date provided the Customer supplies all necessary information, but Stone-Link shall not be held responsible for failure to do so. Stone-Link shall be subject to no penalty or liability to meet a delivery date and shall in no event be held responsible for loss of profits or damages incurred by the Customer or other inconsequential damages that may result therefrom.
3. DAMAGE OR LOSS IN DELIVERY, PICK-UP, DISPLAY OR STORAGE
All Stone-Link Products ordered by the Customers (except for individual pieces that comprise less than a full pallet) are prepackaged in shrink-wrap by Stone-Link prior to delivery or pickup. The Customer acknowledges and agrees to assume all risks associated with the pickup of the Stone-Link Products ordered and shall be solely responsible for taking all precautions to ensure the safety of persons (other than Stone-Link employees) assisting in the pick up of the Stone-Link Products and ensuring that a vehicle suitable to transport the Stone-Link Products is used for pick-up. The Customer agrees to be liable for all loss or damage to persons (other than Stone-Link employees unless such damage or loss is the fault of the Customer) or the vehicle used for transport during pick-up, however caused, including but not limited to personal injuries arising from the dislodgement of Stone-Link Products from their shrink-wrap, and agrees to indemnify and save harmless Stone-Link from any and all damage or claim for loss or damage to persons or property caused by reason of the use, possession or installation of Stone-Link Products.
Stone-Link shall not be responsible for damage to Stone-Link Products during delivery by Stone-Link or pick-up by the Customer. Claims for shortages or incorrect Stone-Link Products must be made in writing within five (5) days after receipt of the delivery by the Customer, and failure to give Stone-Link written notice within that period shall be unqualified acceptance of the Stone-Link Products and a waiver of all claims. After delivery or pick-up, the Customer agrees to be liable for all loss or damage to the Stone-Link Products ordered, however caused, and assumes all of the obligations and risks of an absolute owner and agrees to indemnify and save harmless Stone-Link from any and all loss or damage or claim for loss or damage to persons or property caused by reason of the use, possession or installation of Stone-Link Products, including but not limited to personal injuries arising from the dislodgement of Stone-Link Products from their shrink wrap.
If the Customer rejects delivery or pick-up of any of the stone-Link Products ordered or shall fail to make timely payment therefor, as herein provided, or shall repudiate this agreement with respect to any purchase order accepted by Stone-Link, then with respect to any order for Stone-Link Products not accepted by the Customer at any such time, Stone-Link may, without prejudice to other remedies which Stone-Link may have by reason thereof, withhold the delivery of such products, stop delivery of such products in possession of a carrier or other bailee and recover damages for non-acceptance or repudiation, including all handling, warehouse and other costs associated with the Customer's failure to accept such delivery or repudiation of any such purchase order.
The Customer acknowledges and agrees that it shall be liable for all damage or loss to Stone-Link Products, persons or property caused by the display or storage of Stone-Link Products whether displayed or stored by the Customer (that is a supplier of Stone-Link Products) for resale or during the Customer's intended use, and agrees to indemnify and save harmless Stone-Link from any and all loss or damage or claim for loss or damage to Stone-Link Products, persons or property caused by reason of such display or storage.
Title to and ownership of all products shall remain with Stone-Link at the Customer's risk until all amounts due to Stone-Link from the Customer from time to time or to any assignee of the payments to be made hereunder or any renewals or extensions hereof, or under any judgement secured, are paid in full and all terms hereof are performed, at which time absolute title shall pass to the Customer.
4. WARRANTY
Subject to compliance with the Terms herein, Stone-Link provides a lifetime warranty on its Products to the original purchaser of the product for residential use. Any materials installed and maintained according to our installation instructions, and subject to normal wear that prove defective, will be replaced without cost.
This warranty does not apply to:
a. Any damage to Stone-Link Products resulting from negligence, misuse, accident or improper installation, either intentional or otherwise;
b. Any Stone-Link Product damaged without fault of Stone-Link;
c. Splitting or other breakage that may be caused by frost heaving, overloading, structural settlement, snow removal equipment, discoloration or staining caused by
improper installation of sealers, chemicals, paints, rust, plants or oxidation; or
d. The effects of deicing salts and chemical deicers which are detrimental to the surface of concrete products, nor for colour fading caused by natural weathering from the
elements and the natural occurring phenomenon of efflorescence inherent in all quality products with a high cement content.
Colour matching cannot be guaranteed and replacement labour and shipping are not included. Proof of purchase is required. Stone-Link Products may change without notice from time to time. Stone-Link agrees to replace, at Stone-Link's choice (a comparable substitute of equal or greater value when a warranty product is no longer in production) any defective Stone-Link Product. Any warranty claims by the Customer should be made, by postage prepaid to Stone-Link, with a written explanation of the problem and proof of purchase. Any such claim should include the contact name, address and phone number of the Customer. Stone-Link shall not be liable for any expenses incurred by the Customer in an attempt to correct any allegedly defective Stone-Link Product.
The Customer has been advised to inspect all Stone-Link Product samples before purchase. All colours used for Stone-Link Products come with a variegated blend of lighter and darker shades to provide true individual character to each stone. Al Stone-Link Products come with varying surface textures, high relief and low relief, uneven surfaces may allow ponding to occur within the stone. All sizes, dimensions, thickness and weights set out in the Stone-Link Product specifications are nominal and any references to "Approx. Total Sq. Feet" on invoices, quotes or Stone-Link Product specifications means the approximate coverage area of the number of pieces purchased based on nominal dimensions including the joints between individual pieces when installed in accordance with Stone-Link's recommended installation instructions. Accordingly, no warranty is made that each piece or pallet of a single type of Stone-Link Product is the exact colour, size, dimension, thickness, weight or surface area as set out in the Stone-Link Product specifications, invoices or quotes, or that the Customer will be provided the exact surface area in pallet or pieces of the Stone-Link Product ordered for the Customer's intended coverage area.
It is understood that Stone-Link has no special knowledge of the Customer's requirements and Customer agrees that the Stone-Link Products are ordered because of the independent determination by the Customer of its suitability for intended use.
EXCEPT AS SPECIFICALLY SET OUT ABOVE, STONE-LINK PRODUCTS ARE PROVIDED AS IS WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, STONE-LINK FURTHER DISCLAIMS ALL WARRANTIES, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT. THE ENTIRE RISK ARISING OUT OF THE INSTALLATION OR USE OF THE STONE-LINK PRODUCTS REMAINS WITH THE CUSTOMER.
TO THE MAXIMUM EXTENET PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL STONE-LINK OR ITS SUPPLIERS BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE, OR OTHER DAMAGES WHATSOEVER OF ANY KIND OR NATURE (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR OTHER PECUNIARY LOSS) ARISING OUT OF THIS AGREEMENT OR DISPLAY OF OR STORAGE OF OR THE INSTALLATION OF OR USE OF STONE-LINK PRODUCTS, EVEN IF STONE-LINK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. STONE-LINK'S TOTAL LIABILITY FOR ALL CLAIMS, CAUSES OF ACTION, LIABILITIES AND DAMAGES OF ANY KIND WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY OR ANY OTHER THEORY OF LAW SHALL NOT, IN ANY CIRCUMSTANCES OR FOR ANY REASON, EXCEED THE PURCHASE PRICE OF THE STONE-LINK PRODUCTS.
5. PRIVACY
You have read Stone-Link's Privacy Policy (http://www.stone-link.com/privacy.html), which are incorporated into these Terms. You agree that the terms of the Privacy Policy are reasonable. You consent to the collection, use and disclosure of your personal information by Stone-Link or its agents or representatives in accordance with the terms of and for the purposes set forth in the Privacy Policy.
6. INTELLECTUAL PROPERTY
Stone-Link, www.stone-link.com, and related words and logos, as well as the names of other products or services of Stone-Link, are trade names or trademarks of Stone-Link. Any unauthorized use of any of these trade names or trademarks is prohibited.
Customer acknowledges that certain technology owned by stone-Link may be used in manufacturing the products and delivering the services, and that the unauthorized use of such technology is prohibited.
7. LAW
This Agreement shall be governed by the laws of the province of Ontario, Canada and the laws of Canada applicable in Ontario, without regard to conflicts of law provisions, and the Customer hereby consents to the exclusive jurisdiction of the provincial courts of the Province of Ontario with respect to any disputes.
8. FORCE MAJEURE
The obligations of Stone-Link shall be relived for as long as Stone-Link is prevented from performance by causes beyond its reasonable control. Any such failure to perform shall be remedied with reasonable dispatch.
9. ENTIRE AGREEMENT
This document and Stone-Link's invoice constitute the entire agreement between the parties with respect to the subject matter herein and cancels, replaces and supersedes all prior or contemporaneous oral or written correspondence, negotiations, understandings and agreement between the parties with respect thereto. The parties confirm that there are no representations, warranties, terms, conditions, collateral agreements or understandings between the parties other than as expressly set forth in this agreement. In the event any discrepancy or inconsistency between this agreement and any other form or agreement used by each party in connection herewith, the terms and conditions of this agreement shall govern. The Customer acknowledges that these terms may be changed by Stone-Link at any time, in its sole discretion without prior notice, with respect to any future sales or transactions with you.