Terms & Conditions

1. Agreement to Sell and Buy Goods

American Soil & Stone agrees to sell and Customer agrees to buy the quantity and type of materials described in the attached purchase order, pursuant to the price specified therein. The attachment, together with this Pro Forma and these Terms and Conditions, forms the basis of the agreement between Seller and Buyer.

2. Payment Terms

Buyer shall pay cash or credit card for the Goods unless a separate payment arrangement has been pre-approved in writing by Seller. All in-house accounts are due according to the agreed terms. Delinquent balances may be subject to finance charges, delivery holds, or account termination.

3. Special Payment Terms

Special orders, custom fabricated goods, and deposits are final, non-refundable, and non-transferable. Buyer agrees to pay any required deposit and the remaining balance before delivery or pickup.

4. Taxes

The contract price is exclusive of all applicable sales, use, excise, federal, state, and local taxes. Buyer is responsible for all taxes unless a valid resale or exemption certificate is provided at the time of sale.

5. Title of Goods

Title to the Goods remains with Seller until Buyer has paid the full contract price. Risk of loss passes to Buyer once the Goods are delivered, tendered, or made available for pickup.

6. Will Call and Delivery of Goods

Seller is not responsible for Goods not picked up by Buyer within the agreed time. Storage fees may apply. Seller is not liable for delivery delays caused by weather, traffic, site access, acts of God, labor issues, material shortages, government restrictions, or other causes beyond Seller’s control.

7. Natural Stone and Limestone

Buyer acknowledges that natural stone products vary in color, hue, density, texture, and finish. Stone may also incur damage, staining, or change from use, handling, moisture, or installation conditions. Buyer is responsible for determining whether the product is suitable for the intended use.

8. Warranties

Goods are sold “as is” without express or implied warranties, including warranties of merchantability or fitness for a particular purpose. Buyer accepts responsibility for confirming that the Goods meet Buyer’s needs.

9. Inspection, Use of Goods, and Claims

Buyer shall inspect all Goods upon delivery or pickup. Any claim for shortage, nonconforming Goods, or damage must be reported in writing within five days. Use, installation, cutting, or alteration of Goods constitutes acceptance.

10. Return Policy

There are no returns on special orders, fabricated items, opened bags, pallets, cut materials, damaged materials, or Goods not in original saleable condition. Approved returns may be subject to restocking charges, delivery charges, and Seller approval.

11. Governing Law, Attorneys’ Fees, and Mediation

This agreement shall be governed by the laws of the State of California. Any action shall be handled in the appropriate courts of Alameda County, California. The prevailing party may recover reasonable attorneys’ fees and costs. The parties agree to attempt mediation before court action when required.