Terms of Sale and Limited Warranty Agreement
This Standard Terms of Sale and Limited Warranty Agreement (“Agreement”) applies to any signed quote, purchase order, receipt, delivery, or use of any products sold by Peacock Pavers. A signed quote or purchase order is the contract between Peacock Pavers and the buyer. All products will be manufactured per the information on the signed order. The accuracy and specification of product, sizes and quantities ordered are the sole responsibility of the buyer. Peacock Pavers is not responsible for field verifications or site dimensions. We advise verification of all information on the job site to avoid errors. Your signed quote confirms all quantities, colors, textures and dimensions of the order. It is expressly the buyer’s responsibility to ensure proper installation.
ACCEPTANCE OF ORDERS:
The acceptance of all orders and all sales by Peacock Pavers are made subject to and expressly conditioned upon the terms and conditions contained herein. Any of Buyer’s terms and conditions which are different from or in addition to those contained herein is hereby objected to and shall be of no effect unless specifically agreed to in writing by Peacock Pavers. The parties agree that the terms and conditions set forth herein constitute the sole agreement between the parties with respect to any transactions between Buyer and Peacock Pavers herein. Peacock Pavers is not responsible for any typographical, clerical, or other error or omission in any sales literature, quotation, price list, acceptance offer, invoice or other document.
ORDERS AND PAYMENT TERMS:
Peacock Pavers is not bound to any order until accepted. Terms of payment are within Peacock Pavers sole discretion.
MANUFACTURING LEAD TIMES & PAYMENT:
Lead times vary on projects so please check your quote with your manufacturing lead-time stated for your specific completion date. A 60% deposit is required to begin the manufacturing process. Payment in full is required before final shipment.
CANCELLATIONS:
Any cancellations will be subject to a 50% fee. Cancellation shall not relieve Buyer’s duty to pay for Goods shipped, services performed or expenses incurred by Peacock Pavers prior to receipt of Buyer’s written cancellation notice. No cancellations will be accepted after manufacturing has started.
SHIPMENTS:
Peacock Pavers manufactures and ships direct from our factory in Atmore, Alabama. Materials are packaged and palletized for the sole purpose of shipping materials on common carrier trucks and/or flatbeds. We must be notified in writing if special shipping conditions apply, or materials will be shipped via sea vessel or air transport since pallets and crating will be modified to meet transport requirements.
DELIVERY/TITLE/RISK OF LOSS:
Any delivery date given to Peacock Pavers is approximate only and Peacock Pavers shall not be liable for failure to deliver any particular date or dates. Delay in delivery shall not give rise to a right of cancellation by Buyer. All Goods will be delivered to Buyer F.O.B. Peacock Pavers manufacturing plant in Atmore, AL. All shipping charges and expenses shall be paid by purchaser or authorized purchasing agent. Title of Goods passes to the Buyer at FOB shipping point.
There must be a 5,000-pound capacity forklift on delivery site to offload the product. Delivery trucks are not equipped with forklifts and freight drivers do not offload the product. If forklift will not be available to offload, Peacock Pavers must be notified before shipping, and the product will be re-palletized at an additional cost of $250 for lift-gate delivery. Jobsite placement is the sole responsibility of the accepting agent or personnel. Actual delivery dates and times are the sole responsibility of the shipper and the purchaser
SITE STORAGE:
Buyer assumes responsibility for pallets of materials to be stored in a clean, dry environment and protected before, during and after the storage and installation process. Precautions should be taken to keep materials removed from pallets clean, dry & safe from impact, staining or other conditions that may damage or stain materials. Peacock Pavers is not responsible for damage or staining after materials are accepted upon delivery.
DAMAGE OR CLAIMS:
All reasonable precautions are taken in loading pallets to prevent shipping damage. Products damaged in shipment cannot be returned and all claims for such damage should be directed immediately to the transportation company. Peacock Pavers is not responsible for damage or shortage after delivery to transportation company. If you receive a damaged pallet or materials, please mark on the delivery paperwork “Damaged Pallet, Delivery not accepted”. If you accept delivery without inspecting the materials you must sign paperwork “Delivery accepted with exception-contents to be inspected at later date”.
WARRANTY:
Peacock Pavers warrants its products to be free of defects, however variations in color, texture or shading from piece to piece are not considered defects and are an inherent quality of natural and cast stone. Peacock Pavers handmade pavers, as with natural stone, experience inherent minor chipping and hairline cracking. Warranty does not apply to any Peacock Pavers materials after installation. No exceptions. Peacock Pavers warranty only applies to Peacock Pavers materials. No other warranty is offered or implied.