MCA SYSTEMS INC.

TERMS AND CONDITIONS OF SALE

MCA Systems Inc., Seller, warrants the finest quality stone products. Sales are made on a cash or check basis, unless an open account is established with our credit department. Interest will be charged at 1-1/2% per month (18% per annum) on all accounts that fall past due. All accounts that fall 60 days past due will automatically be on C.O.D. status. If the account becomes more than 60 days delinquent and placed in the hands of a collection agency, the customer will pay reasonable collection charges and if placed in the hands of an attorney for collection, said customer would pay reasonable attorney fees. Payments made by check require a valid Texas driver’s license. A photocopy of I.D. from check signer is required if the check is presented by a third party. A service charge of $30.00 will apply for all returned checks.

We cannot be responsible for wear or breakage. It is the decision of MCA Systems Inc. to determine if defects in materials are present, or if negligence or misuse has occurred. MCA Systems Inc. is not responsible for material installed or sealed incorrectly. Since this is a natural product, any variations in color, texture, veining and grain will not be considered as material defects. Seller only includes the replacement of material found to be defective with the exclusion of any further or different obligation unless otherwise noted.

Buyer acknowledges all prices are F.O.B. 1100 S. Persimmon, Tomball, TX 77375. All claims for delays, damages or loss in transit should be directed to the transportation company. Once the product is provided to the transporter, MCA Systems Inc. accepts no liability for product damage. Errors or shortages must be reported within 24 hours of delivery.

Prices do not include any state, local or federal taxes. Sales tax will be applied according to requirements of the State of Texas. Buyer must provide Seller with a Texas Sales and Use Tax Resale Certificate with their Texas Sales and Use Tax Permit Number at time of purchase for an exemption.

Buyer hereby assumes liability for and does hereby indemnify, save and hold harmless Seller from and against all liabilities, loses, damages, penalties, claims, action suit, expenses, and disbursements, including court costs and reasonable attorney fees of whatever kind of nature, imposed on, incurred by or asserted against Seller in any way relating to or arising out of the loading, transportation or delivery of materials described in contract. Buyer agrees that it will not have the right to offset, back charge, or deduct from the contract price unless the Buyer has given prompt written notice and Seller has given its written consent.

Marble, Limestone, Granite, Travertine and other natural stone products are the results of natural geological processes. During this formation, other minerals and impurities become part of the stone contributing to irregular color variations, and small veins. This creates the unique individual characteristics of each stone and insures that no two pieces are alike.

ALL STONE PRODUCTS CAN AND WILL VARY FROM PIECE TO PIECE. TO EXPERIENCE THE LOOK OF AN ENTIRE FLOOR, PLEASE INSPECT SEVERAL SAMPLE PIECES. THE SAMPLE PIECES ARE REPRESENTATIVE OF THE COLORS AND MARKINGS OF A PARTICULAR STONE, BUT THE SHIPMENTS OF THIS MARBLE/STONE WILL VARY IN SHADE AND COLOR. YOU MUST VERIFY ACCEPTABILITY PRIOR TO INSTALLATION”. USE CONSTITUTES ACCEPTANCE! We assume no responsibility for chipping, crazing or discoloration and will not consider any claims if the stone failed to match the reproductions of color lined in brochures, color charts or samples.

BE RESPONSIBLE. INSPECT YOUR ORDER TO BE SURE THE MERCHANDISE IS CORRECT AND THAT THE SHADE IS ACCEPTABLE. DO NOT INSTALL THIS MATERIAL UNLESS YOU HAVE CHECKED THE LOT AND YOU HAVE ADEQUATE MATERIAL TO COMPLETE THE WHOLE JOB.

No returns will be accepted unless management has granted prior authorization. ONLY FULL UNOPENED CARTONS WILL BE ACCEPTED FOR RETURNS. All returns must be made within 15 days from the date of purchase. A 20% restocking fee will be charged on all returns. We highly suggest you retain several cartons for possible future repairs. Buyer acknowledges that the Seller is not liable for delays or non-deliveries caused by acts of nature or any reason beyond the reasonable control of the Seller.

Buyer agrees to pay Seller reasonable attorney’s fees and all costs and other expenses incurred by Seller in securing, collection or compromising any claim by Seller against buyer hereunder, including attorney’s fee and all expenses reasonably necessary to secure and enforce Seller’s mechanic lien and stop notice rights and prosecute any legal action with respect to any such claims.

Buyer acknowledges that 10% breakage for cut tile is acceptable on purchase of material.

Buyer acknowledges that a 50% down payment is required at the time of purchase for special orders and the balance is due upon arrival of the material. There are no refunds, exchanges or returns on special orders.

Price quotes are valid for 30 days and require written confirmation signed by a MCA Systems, Inc.

 

Material to be held for a period longer than 48 hours will require a minimum non-refundable deposit of 50%. Buyer will incur a storage fee of $100.00 each day after 30 days. All material must be picked up during MCA Systems Inc. regular business hours. Special orders must be paid for in advance and are non-refundable. Special orders are subject to additional charges for freight, handling, broken cartons, or pallets that are not included in the sale price of the material.