By engaging with Cast Stone International (“we,” “us,” “our”), whether by placing an order, making payment, accepting delivery, or accessing our website or marketing materials, you (“Customer,” “you,” or “your”) agree to be legally bound by these Terms & Conditions (“Terms”). No oral statements, promises, or representations made by any employee, dealer, or distributor shall alter or override these Terms unless expressly confirmed in writing by an authorized officer of Cast Stone International. We may amend these Terms at any time, with or without notice, and such amendments shall apply immediately to all current and future transactions. Continued business with us constitutes acceptance of the most current Terms.
All orders are deemed offers to purchase and become binding only upon our written acceptance via order confirmation or invoice. Cast Stone International reserves the unrestricted right to reject, cancel, or modify any order at its sole discretion, including for reasons of availability, pricing error, creditworthiness, or other business considerations. Once accepted, orders cannot be altered or cancelled without our prior written consent, and any approved cancellations are subject to applicable restocking and administrative fees. Any verbal communication, preliminary quotation, or draft proposal does not constitute an acceptance of an order unless confirmed in writing.
All pricing is subject to change without notice and is not binding until confirmed in writing. Quoted prices exclude shipping, handling, duties, tariffs, and all applicable taxes unless otherwise expressly stated. Customer is solely responsible for payment of all such taxes, charges, and surcharges. Invoices are payable in full on the terms stated therein. Failure to remit payment in accordance with invoice terms constitutes default.
Interest shall accrue on all past-due balances at the rate of 1.5% per month (18% per annum) or the maximum rate allowed by law, whichever is greater. Cast Stone International reserves the right to suspend production, withhold shipments, or cancel future orders until all outstanding balances, interest, and collection costs are paid in full. Payments made by credit card are considered final and irrevocable; Customer waives any right to initiate chargebacks except in the case of proven fraud by Cast Stone International.
Unless otherwise expressly stated, all shipments are Ex Works (EXW) from our facility. Risk of loss, damage, theft, or delay transfers to Customer upon release of the products to the carrier, regardless of freight terms. Delivery dates are estimated in good faith but are not guaranteed. Cast Stone International shall not be liable for any losses or damages arising from delay in production, shipment, or delivery, whether caused by carrier, labor disputes, accidents, weather, acts of God, force majeure, or any cause beyond our control. Delivery services do not include unpacking, placement, assembly, installation, site preparation, or removal of packaging materials unless expressly agreed in writing.
Inspection & Acceptance: Customer is obligated to inspect all products upon delivery. Any visible damage, shortage, or discrepancy must be clearly recorded on the Bill of Lading (BOL) at the time of delivery. Failure to note such issues on the BOL constitutes full and unconditional acceptance of the products in satisfactory condition. Claims for damages not
recorded on the BOL will be denied. Concealed damages must be reported in writing with supporting photographs within 48 hours of delivery. Beyond that time, all goods shall be deemed accepted in good condition. Customer acknowledges that carriers are independent contractors and that Cast Stone International bears no liability for acts, omissions, negligence, or damages caused by carriers.
Cast Stone International products are handcrafted, and natural variations in color, porosity, weight, texture, dimension, and surface appearance are inherent characteristics of the manufacturing process and shall not be considered defects. Efflorescence, minor surface blemishes, or weather-related changes in finish may occur and are not grounds for warranty claims or returns. Products are intended for decorative purposes unless expressly designated otherwise. Customer assumes full responsibility for any structural or
load-bearing use. We reserve the right to alter, modify, or discontinue products, designs, or specifications without notice, and shall bear no liability for such changes.
Cast Stone International provides a limited warranty against defects in material or workmanship, subject to strict conditions: Scope: Warranty applies only to products purchased directly from Cast Stone International or its authorized distributors. Warranty covers defects that materially impair the product’s function when used in normal conditions and in accordance with our written instructions. Assembly & Installation: Any product that is assembled, installed, modified, or otherwise handled by Customer or any third party automatically voids all warranties. Improper site preparation, installation, relocation, or misuse waives all warranty protection. Third-Party Involvement: Cast Stone International shall not be responsible for defects, damages, or failures resulting from installation, assembly, alteration, or mishandling by contractors, landscapers, homeowners, or other third parties. Exclusions: Warranty does not cover normal wear and tear, natural weathering, efflorescence, staining, frost or freeze damage, chemical exposure, damage during transit, or any condition beyond our control. Remedy: Customer’s sole and exclusive remedy under this warranty shall be, at our discretion, repair or replacement of the defective product. No refunds will be issued, and Cast Stone International will not be liable for labor, removal, reinstallation, site preparation, freight, or consequential damages. Non-Transferable: This limited warranty applies solely to the original purchaser and is non-transferable.
All cancelled orders, refused deliveries, or returns not expressly authorized in writing by Cast Stone International are subject to a restocking fee of up to 40% of the invoice total, in addition to all freight, packaging, and handling costs. Returned goods must be in new, unused condition and in original packaging. Cast Stone International reserves the exclusive right to determine acceptability of returned products. Products that have been installed, altered, weathered, or damaged are not eligible for return under any circumstances.
All lead times provided are estimates only. Production shall not begin until Cast Stone International receives written confirmation of the order, all required deposits or payments, and final specifications or approvals. Cast Stone International is not responsible for delays caused by late payments, design revisions, incomplete information, supply shortages, weather, force majeure, or other conditions beyond its control. Customer agrees that production or delivery delays do not constitute grounds for cancellation, refund, chargeback, or claim of damages.
Custom and made-to-order products, including but not limited to unique finishes, dimensions, or designs, are non-cancellable, non-refundable, and non-returnable once production begins. Customer is fully responsible for ensuring accuracy of all drawings, specifications, and requirements. Cast Stone International is not liable for errors resulting from incomplete or inaccurate information provided by Customer.
Modifications requested after commencement of production may incur additional costs and extended lead times. Acceptance of delivery shall constitute conclusive acknowledgment that custom products conform to agreed specifications.
If Customer fails to accept delivery within 10 days of notice that products are ready, Cast Stone International may, at its option, transfer goods into storage at Customer’s risk and expense. Storage fees will accrue at the rate of $500 per month per order, or any part thereof. Products held in storage shall be deemed delivered for all purposes, including invoicing and payment obligations. Cast Stone International reserves the right to resell uncollected products after 90 days, without refund, credit, or liability to the Customer.
Customer grants Cast Stone International and its affiliates an irrevocable, worldwide, royalty-free license to photograph, document, and use images of products supplied by us once installed, regardless of project ownership. Such images may be used in marketing, promotional, or educational materials, in print or digital form, without compensation to Customer, installer, or property owner. Customer warrants that any necessary third-party permissions (from property owners, architects, or designers) are secured.
Customer agrees that chargebacks through credit card providers or payment processors are strictly prohibited for any order once products are shipped, delivered, or otherwise accepted. Unauthorized chargebacks shall constitute breach of contract. Cast Stone International reserves the right to pursue immediate legal remedies, including recovery of the full purchase price, interest, attorneys’ fees, and damages. Customers initiating chargebacks may be permanently barred from future purchases.
In any litigation, arbitration, mediation, or collection effort arising from these Terms, the prevailing party shall be entitled to recover all attorneys’ fees, expert witness fees, court costs, arbitration fees, and related expenses. This entitlement applies whether the dispute is resolved by settlement, trial, or collection, and is cumulative of any other rights or remedies under law or equity.
All product designs, molds, trademarks, catalogs, images, and website content are the sole property of Cast Stone International. No reproduction, distribution, or derivative works may be created without our prior written authorization. Customer acknowledges that unauthorized use constitutes infringement and may result in legal action.
Under no circumstances shall Cast Stone International’s liability exceed the purchase price of the product in question. Cast Stone International shall not be liable for indirect, incidental, punitive, or consequential damages of any kind, including but not limited to
loss of profits, property damage, delays, or business interruption, whether arising
in contract, tort, or otherwise.
Customer agrees to defend, indemnify, and hold harmless Cast Stone International and its officers, employees, and affiliates from all claims, liabilities, damages, costs, or expenses (including legal fees) arising out of Customer’s misuse of products, improper installation, breach of these Terms, or violation of applicable laws.
Cast Stone International shall not be liable for delays or failures caused by events beyond its reasonable control, including but not limited to natural disasters, pandemics, labor strikes, supply chain disruptions, acts of war, terrorism, or governmental restrictions.
These Terms shall be governed by the laws of the State of Florida, USA. Any dispute shall be resolved exclusively in the courts of Palm Beach County, Florida, unless Cast Stone International elects binding arbitration. Customer consents to jurisdiction in said courts.
If any provision of these Terms is held invalid or unenforceable, the remaining provisions shall remain in full force. Our failure to enforce any right shall not constitute a waiver of that or any other right.
These Terms, together with our invoices, order confirmations, and written agreements, represent the entire contract between Cast Stone International and the Customer,
superseding all prior representations, oral or written.
