PLEASE READ CAREFULLY
RELEASE OF LIABILITIES, WAIVER OF CLAIMS, ASSUMPTION OF RISKS AND INDEMNITY AGREEMENT, BY SIGNING THE FRONT OF THIS
DOCUMENT YOU WILL WAIVE CERTAIN LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE.
- Customers assume all risks of personal injury and/or vehicle damage from any cause while on Best Way Stone Limited property.
- Best Way Stone Limited and it’s employees assume no responsibility and shall not be responsible should an accident occur on a
public or private road resulting from materials loaded on your vehicle. Load security becomes the responsibility of the transporter
and not Best Way Stone Limited.
- By signing the front of this form you have waived legal rights of claim against Best Way Stone Limited or it’s employees.
- The front of this form must be signed before you are permitted to enter our yard.
TERMS, CONDITIONS AND RECOMMENDATIONS
- “Delivery” implies delivery of materials to the “curb line” of the street or boulevard only. Beyond that point it becomes the responsibility and risk of the purchaser.
- A signed invoice constitutes an agreement between the purchaser and the seller.
- Delivered materials remain the property of the seller until such time as the invoices are paid in full. In case of default, Best Way Stone Limited reserves the right to enter the premises with or without permission to reclaim the property.
- Materials installed by the purchaser or their contractor constitutes acceptance of that material in acceptable condition by the purchaser.
- Damaged or defective products must be reported within 24 hours of shipment or immediately on pickup. They will be credited or replaced at the discretion of Best Way Stone Limited as circumstances permit. Defective products must be inspected by us or brought to us before credit is approved. Removal and replacement costs are the sole responsibility of the purchaser. Our liability is limited to replacement products to the job site only. Pavers discolored by staining from sanding, sealing, abrading, deicing, or other natural or unnatural causes as well as efflorescence, or any of this or other issues arising from installation not following ICPI guidelines are not considered defects in manufacture.
- Our material is manufactured to the highest possible standards of quality. Materials should be inspected before installation to insure they are the colour and style ordered. If it does not meet your requirement, please advise us before installation. After material is installed, we cannot accept responsibility.
- Efflorescence is a crystalline deposit, usually white, which may develop on the surface of masonry or concrete products. This is a normal occurrence and in no way does efflorescence affect the structural integrity, or strength of the product. Efflorescence will usually wear off in the course of time as the materials are exposed to the elements. No responsibility can be accepted by the manufacturers for efflorescence since any normal concrete contains calcium hydroxide which comes out as efflorescence.
- No guarantee is given on exact colour or surface texture due to variations in colour pigment, effects of humidity and temperature, sizes and colour of available aggregate, and effects of efflorescence which all are beyond our control.
- The buyer estimates the correct amounts of materials he/she requires. Best Way Stone Limited will provide assistance. However, the buyer is responsible for shortages or extras that may occur due to inaccurate estimation.
- Always install pavers by picking from several bundles simultaneously. This will insure a better distribution of variations of surface, texture and colours, both in solid colours as well as colour blends.
- Configuration of product may vary at times due to changes in mould design.
- All C.O.D. orders imply “CASH on DEMAND”. Products will not be released or delivered unless they are prepaid at time of order.
- Pallets, if required, will be charged and refunded on return of the pallets in a condition deemed acceptable by Best Way Stone Limited. The return of the pallets is the responsibility of the purchaser. Requests to pick up pallets will be subject to a full delivery charge. Pallet returns accepted within 6 months from date of original sale only.
- Double or triple stacking of product bundles at the curb is normal practice, unless otherwise indicated and possible.
- Where P.O. numbers are used, it is the sole responsibility of the person placing the order to give Best Way Stone Limited the proper information required.
- Excessive delays beyond the normal unloading time incurred by delivery trucks on the job site are charged as at an hourly rate.
- All deliveries require a minimum of 48hrs notice before they can be arranged.
- Best Way Stone Limited is not responsible for delays due to delivery times, productions times, or any other factors beyond our control, and any costs associated with said delays to the purchaser or contractor.
- All returns must be accompanied by a Bill of Sale and will incur a 25% restocking charge plus delivery, providing prior arrangements are made with the sales office. Full bundles in original resalable packaging will only be accepted within 30 days of the original sale date.
- NSF Cheques are charged a fee.
- Overdue accounts are charged 1.5% interest per month, not to exceed 18% per annum, on the total amount due.
- Only plate compactors with protective membranes can be used on interlocking paving stones.
- All prices are F.O.B. plant of manufacture.
- Prices are subject to change without notice.
- All taxes are extra.