Please Review Carefully as these may apply to your order or project!
PAYMENT TERMS
Terms of payment are Austin Block Company’s sole discretion. Unless otherwise agreed to by Austin Block Company, payment must be received or otherwise authorized by Austin Block Company prior to acceptance of an order. Payment will be made by approved credit card, wire transfer, other prearranged payment method agreed to by Austin Block Company. Invoices are due and payable by the payment date(s) specified e-mail, fax, and/or verbal confirmation between Austin Block Company and Buyer. Orders are not binding until accepted by Austin Block Company in writing. Austin Block Company reserves the right to adjust or cancel estimates as required.
CREDIT CARD PAYMENTS
We impose a standard surcharge of 3% on the transaction amount of any and all credit card purchases, which is not greater than our cost of acceptance.
We do not surcharge debit cards, checks, or cash payments.
ORDER ACCEPTANCE POLICY
Buyer’s receipt of an electronic or other form of order confirmation does not signify acceptance of Buyer’s order, nor does it constitute confirmation of Seller’s offer to sell. All orders are accepted in State of Texas, United States. Seller reserves the right at any time after receipt of Buyer’s order to accept or decline Buyer’s order for reasonable cause including but not limited to lack of availability of products, failure by Buyer to satisfy payment terms, and/or breach by Buyer of this Agreement. If payment has been remitted for the purchase and Seller cancels Buyer’s order, Seller will issue a refund for the amount remitted. By making payment to seller in the form of, but not limited to: Money Order, Check, Cashiers Check, Credit Card, Debit Card, ACH, Wire Transfer, buyer agrees to Austin Block Company’s . Payments constitute as an order acceptance and are binding to Austin Block Company’s Terms and Conditions. By making payment to Austin Block Company buyer accepts Invoice terms, Proposal Terms, Estimate terms, Contract terms as well as terms here-in. Payments are constituted as an order acceptance.
DELIVERY
Please allow between 2-3 weeks for delivery. Delivery times may very due to things beyond control of Austin Block Company, including inclement weather, Acts of God. Austin Block Company to set the delivery dates. If Austin Block Company delivery date is postponed from customers end, then Austin Block Company may reschedule the delivery up to 30 days from the original delivery date. If delivery is required, the time of delivery of the Goods is conditioned upon (a) the date of acceptance of the Proposal; (b) Seller’s ability to secure the materials to enable Seller to meet its production requirements for both the Goods that are the subject of the Proposal and goods ordered prior to Customer’s order; and (c) delays due to strikes or other labor troubles; accidents or necessary repairs to machinery; fire, floods or other adverse weather conditions; Government regulations; acts of God; or any other causes beyond Seller’s reasonable control. Delay in delivery of any of the Goods pursuant to the foregoing shall not constitute a default under the Proposal. If delivery is included in the Proposal, unless otherwise provided in the Proposal or otherwise agreed in writing by the parties, delivery of Goods shall be F.O.B. Seller’s plant. It is understood and agreed that Seller utilizes 3rd party shippers to deliver Goods from its plant, and Seller will use commercially reasonable efforts to have the Goods delivered in accordance with Customer’s delivery schedule. Customer releases all claims arising due to any delay in delivery. Unless otherwise agreed in writing, Customer agrees to accept delivery of all or any portion of the Goods as delivered to Customer. Customer shall pay for all detention and any other carrier delay charges which do not result from the fault of Seller. All shipments are subject to applicable tariff regulations. Unless otherwise agreed in writing, delivery of the Goods shall occur, and risk of loss shall pass to Customer when the Goods are loaded onto rail car or other transportation equipment at Seller’s plant.
TIME IS OF THE ESSENCE
Product availability fluctuates based upon current supply and demand. Buyer understands he/she has 90 days from order purchase date to receive order. If buyer fails to receive order within allotted time frame, then Seller reserves the right to change original order to nearest likeliness product. Product variation is due to change significantly if order is not received within this designated time, included, but not limited to size, color, and density.
CUSTOMER UNLOADING POLICY
Austin Block Company is not responsible for unloading materials. Once the truck has arrived at the delivery location listed on the paid invoice, the customer will be allotted a 1hr grace period for unloading the purchased product(s). After the allowed unloading time $85/hr will be charged o the original form of payment once all materials have been removed successfully from trailer and/or other methods of transportation.
NATURAL STONE DISCLAIMER
All products are from Mother Nature and inherently lack uniformity and are subject to variation in color, shade, finish, etc. And because these products are natural and not manufactured, no two pieces of natural stone are exactly alike. Although every effort is made to ensure the highest quality and continuity within the product, there is no assumed or implied warranty from Austin Block Company in regard to color, size or variation. Removal of these materials from their natural environment can lead to flaking, cracking, natural breakages, deformities, and/or variations in color. All sales will assume your acceptance for the same.
REFUND POLICY
All sales final. No returns accepted. Buyer acknowledges that the above are natural stone products which may contain natural or manufacturing defects. No warranties express or implied for material or services, including merchant ability for fitness of use, or liability for consequential or compensatory damages including those arising from force nature are offered by Austin Block Company. Title transfers to Buyer upon physical shipment of product. Buyer assumes responsibility for the loss or damage during transit regardless of the carrier. Should it be necessary to enforce the terms and conditions of this agreement the Austin Block Company shall be entitled to recover all reasonable attorney’s fees and costs.
MODIFICATIONS
Should Owner, construction lender, or any government body or inspector require any modification to the work covered under this contract, any cost incurred by Austin Block Company shall be added to the contract prices extra work and owner agrees to pay Austin Block Company their normal selling price for such extra work. All extra work as well as any other modifications to the original contract shall be specified and approved by both parties in a written change order. All change orders shall become a part of this contract and shall be incorporated herein.
OWNERS RESPONSIBILITY, INSURANCE, ETC.
Owner is responsible for the following: (1) to see that all necessary water, electrical power, and access to premises, and toilet facilities are provided on the premises. (2) to provide a storage area on the premises for equipment and materials. (3) to relocate and protect any item that prevents Austin Block Company from having free access to work areas such as but not limited to TV or radio antennas, vehicles, tools or garden equipment. In the event that Owner fails to relocate such items, Austin Block Company may relocate these items as required but in no way is Austin Block Company responsible for the damage to these items during their relocation and during the performance of the work. (4) to obtain permission from the owner(s) of adjacent property(ies) that Austin Block Company must use to gain access to the work area. Owner agrees to be responsible and to gold Austin Block Company harmless and accept any risks resulting from the use adjacent property(ies) by Austin Block Company. (5) to correct any existing defects which are recognized during the course of the work. Austin Block Company shall have no liability for correcting any existing defects such as, but not limited to, dry rot, structural defects, or code violations. (6) to maintain property insurance with Fire, Course of Construction, all Physical Loss with Vandalism, and Malicious Mischief clauses attached, in a sum at least equal to the contract price prior to and during performance of this contract. If the project is destroyed or damaged by an accident, disaster or calamity, or by theft or vandalism, and work or materials supplied by Contract in project construction shall be paid for by Owner as extra work.
ADVERTISING
Owner hereby grants Austin Block Company the right to display signs and advertise at the job site for the period of time starting at the date of signing of their contract, and continuing uninterruptible until fourteen(14) days past the date the job is completed and payment in full has been made. Owner grants Austin Block Company the right to publish the project street address on a “reference” list which may be given to prospective customers.
RIGHT TO STOP WORK AND TO WITHHOLD PAYMENT ON LABOR AND MATERIALS
If any payment is not made to Austin Block Company per the original contract, Austin Block Company shall have the right to stop work and keep the job idle until all past due progress payments are received. Austin Block Company is further excused by owner from paying any material, equipment, and/or labor suppliers or any subcontractors (herein after collectively called “suppliers), during the period that owner is in arrears in making payments to contractor for bills received during that same period. If these same “suppliers” make demand upon owner for payment, owner may make such payment on behalf of Austin Block Company and Austin Block Company shall reimburse owner for this amount at such time that owner becomes current with Austin Block Company for all past due payments. Owner is responsible to verify the true amounts owed by Austin Block Company to these same “suppliers”, prior to making payment on behalf of Austin Block Company. Owner shall not be entitled, under any circumstances, to collect as reimbursement for Austin Block Company any amount greater than that exact amount actually and truly owed by Austin Block Company to these same “supplier”, for work done or materials supplied on Owner’s job.
SURPLUS MATERIALS & SALVAGE
Any surplus materials left over this contract has been completed are the property of Austin Block Company and will be removed by same. No credit is due to Owner on returns for nay surplus materials because this contract is based upon a complete job. All salvage resulting from work under this contract is the property of Austin Block Company.
DELAY
Austin Block Company shall not be held responsible for any damage occasioned by delays resulting from: work done by Owner’s subcontractors, extra work, acts of owner or owner’s agent including failure of owner to make timely progress payments or payments for extra work, shortages of materials and/or labor, bad weather, fire, strike, war, governmental regulations, or any other contingencies unforeseen by Austin Block Company or beyond Austin Block Company’s reasonable control.
INDEMNITY
Customer agrees to indemnify, defend and save harmless Austin Block Company and its or their respective officers, directors, employees, stockholders, agents and attorneys from any and all claims, damages and liability for injury or death to persons or damage to property, arising out of the sale of Goods hereunder, provided that no indemnity shall arise in the event of Austin Block Company’s sole negligence.
WARRANTY
ALL GOODS ARE HEREBY SOLD AND DELIVERED “AS IS” UNLESS (i) Austin Block Company AND CUSTOMER SPECIFICALLY AGREE OTHERWISE IN WRITING, OR (ii) IN THE CASE OF CERTAIN MANUFACTURED GOODS, AS Austin Block Company SPECIFICALLY PROVIDES OTHERWISE IN WRITING. Austin Block Company agrees to fill orders to the best of its ability, based on the availability of the requested Goods. If Austin Block Company is unable to provide the requested Goods, Austin Block Company will provide substitute Goods approved in writing by Customer. Austin Block Company does not provide engineering, building, or architectural advice necessary to determine the correct type of Goods for any particular project. THIS WARRANTY IS EXPRESSLY IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY OF MERCHANTABILITY OR THAT THE GOODS ARE FIT FOR ANY PARTICULAR PURPOSE OR USE, AND ALL WARRANTIES WHICH MIGHT OTHERWISE ARISE FROM COURSE OF DEALING OR USAGE OF TRADE, ARE HEREBY SPECIFICALLY EXCLUDED.
TAXES
Any taxes which are levied on the Goods or on transportation charges associated therewith, when the same are required to be paid by or collected by Austin Block Company, shall be added to the purchase price quoted in the Proposal.
LIMITATION OF DAMAGES
In no event shall Austin Block Company’s liability for rejected Goods, under any circumstances, exceed the purchase price set forth in the Proposal. IN NO EVENT SHALL Austin Block Company OR ITS OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, STOCKHOLDERS, ATTORNEYS OR AGENTS BE LIABLE TO CUSTOMER OR ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES RESULTING FROM OR IN CONNECTION WITH ANY CLAIM OR CAUSE OF ACTION, WHETHER BROUGHT IN CONTRACT OR IN TORT, EVEN IF Austin Block Company KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES.
DEFAULT
Customer will be in default if Customer (a) fails to pay Austin Block Company any amount when due under the Proposal, (b) fails for a period of five (5) days after receipt of written notice from Austin Block Company to fulfill or perform any other written provision hereof, (c) becomes insolvent or bankrupt, or a petition therefor is filed voluntarily or involuntarily and not dismissed within thirty (30) days from filing, or (d) makes a general assignment for the benefit of its creditors, or a receiver is appointed or a substantial part of its assets are attached or seized under legal process and not released within thirty (30) days thereafter. Upon Customer’s default, Austin Block Company may, at its option, without prejudice to any of its other rights and remedies, and without demand for payments past due, (a) make shipments subject to receipt of cash in advance or upon security satisfactory to Austin Block Company, (b) terminate this agreement and declare immediately due and payable the obligations of Customer for Goods previously shipped, and/or (c) suspend any further deliveries until the default is corrected, without releasing Customer from its obligations under this agreement. In any event, Customer shall remain liable for all loss and damage in Paragraph 10, above.
APPLICABLE LAW
The terms of this agreement shall be governed by the laws of the State of Texas, without regard to its conflicts of law provisions. The exclusive venue of any claim or dispute arising under this agreement shall be in the State or Federal District Courts of Williamson County, Texas.
SEVERABILITY
If any provision contained herein shall for any reason be held to be invalid, illegal, void or unenforceable in any respect, such provision shall be deemed modified so as to constitute a provision conforming as nearly as possible to the invalid, illegal, void or unenforceable provision while still remaining valid and enforceable and the remaining terms or provisions contained herein shall not be affected thereby.
NON-DISCLOSURE, ENTIRE AGREEMENT AND WAIVER
Customer agrees not to disclose to any third party the terms and conditions of the Proposal or the information received from Austin Block Company in either negotiating Customer’s order or the Proposal, or in the performance of the Proposal or order, which obligations shall survive completion of the Proposal. The obligations of this provision shall not apply to any information which Customer possessed prior to its disclosure by Austin Block Company, was or has become available through the public domain, or is subsequently provided to it by another party having the right to possess and disclose the information. The Proposal and these terms and conditions contain the entire agreement of the parties, and neither party shall be bound by or liable for any statement, promise, inducement or understanding not set forth herein or therein. Any reference to Customer’s request for quotation or order does not imply acceptance by Austin Block Company of any term, condition or instruction contained therein. Neither party’s failure to insist on performance of any term, condition, or to exercise any right or privilege under a Proposal shall constitute a waiver of any breach or of any right or privilege.
Austin Block Company SMS Communication Terms & Conditions
By requesting and then confirming your consent to receive text messages from Austin Block Company (via a “Y” reply to our initial opt-in message), you agree to these Terms & Conditions.
1. Consent to Receive Messages: You understand and agree that by providing your mobile phone number, explicitly requesting information or communication via text message, and then replying “Y” to our initial confirmation message, you are providing express consent to Austin Block Company to send you text messages. These messages will be sent on a person-to-person basis and will contain information directly related to your specific request or ongoing project with Austin Block Company.
2. Message Content & Frequency: Messages sent by Austin Block Company will be limited to information you have specifically requested or that is directly relevant to a service or project you have engaged us for. Examples include, but are not limited to, responses to inquiries, project updates, or requested details. We will only send messages when explicitly requested by you, and communication will be infrequent and based solely on your needs. These are not automated or subscription-based messages.
3. Cost: Austin Block Company does not charge any fees for you to receive text messages. However, standard message and data rates may apply from your mobile carrier. Please check with your mobile carrier for details regarding your specific plan.
4. Opt-Out/Stopping Messages: You can stop receiving text messages from Austin Block Company at any time by simply replying “STOP” to any message you receive from us. You may also call us at 833-400-9255 or email [email protected] to request that we cease sending you text messages. We will honor your request promptly.
5. Support & Contact Information: For any questions or assistance regarding our text message communications, please:
Call: 833-400-9255
Email: [email protected]
Visit our website: www.austinblockcompany.com
6. Privacy: Your privacy is important to us. Austin Block Company will use the mobile phone number you provide solely for the purpose of communicating with you as requested. We will not share, sell, or rent your mobile phone number to third parties for marketing purposes. For more details on how we handle your personal information, please refer to our Privacy Policy on www.austinblockcompany.com.
7. No Guarantee of Delivery: Austin Block Company uses the Telzio virtual phone system to send messages. We do our best to deliver messages promptly, but delivery is subject to the effective transmission from your mobile carrier. Message delivery may not be guaranteed in all circumstances, including but not limited to, issues related to your mobile carrier, phone service, or network availability. Austin Block Company is not liable for delayed or undelivered messages.
8. Changes to These Terms: Austin Block Company reserves the right to update or modify these Terms & Conditions at any time. Any changes will be posted on our website at www.austinblockcompany.com. Your continued confirmation to receive messages after any such changes constitutes your acceptance of the new Terms & Conditions.
9. Governing Law: These Terms & Conditions are governed by the laws of the State of Texas, without regard to its conflict of law principles.
Austin Block Company www.austinblockcompany.com