Granite & Quartz Terms & Conditions
Scope of Work and Contract
Benson Stone Company, Inc. (BSC) shall furnish the materials and perform the work as specified on the Proposal. Once this Proposal is executed by the parties, it becomes an obligation binding on them.
Time of Completion
Customer understands that the project cannot be templated until all cabinets and other supporting structures have been completely installed. All related hardware (sinks, faucets, cook tops, etc.) must either be received by BSC, or be on the job site before BSC can template for the countertops. Any changes to the material or design after the template date must be in writing, and may increase the estimated materials cost and time for completion.
General Provisions
Modifications: The proposal price is subject to change if changes to dimensions and/or specifications are encountered during jobsite templating. All changes or modifications to the proposal specifications will be executed only upon a written order for same, signed by Customer. Any additional charges for such changes or modifications will be added to the contract price of the signed proposal.
Condition of Cabinets: BSC will not be responsible for any alteration to, or construction of, cabinets and other supports necessary for the installation of the countertops unless noted on the proposal or a signed change order. Cabinets must be level. If cabinetry is not level, BSC will shim the countertop at our discretion. BSC will not provide or install molding to cover any large gaps between the top and cabinets resulting from cabinets that are not level or otherwise not in alignment.
Sinks and Appliances: All sinks, faucets, cooktops, and other related hardware and appliances must be available to BSC at the time of templating to ensure a proper fit. If such items are not available at the time of templating, cutout dimensions and locations must be provided in writing, and are the sole responsibility of the Customer. All additional costs associated with correcting errors related to such cutouts will be added to the proposal amount.
Seams: Natural and engineered stone seams are visible to the eye and can be felt. Our seams conform to the Marble Institute of America’s guidelines to be within 1/16th of an inch. Placement of seams, reveal at backsplash ends, and placement of figuring (veining, color inconsistencies, etc.) is at the discretion of BSC. While BSC attempts to match color and graining at seams, customer acknowledges that, due to the nature of granite and quartz, the color and graining at the seams is not guaranteed to match.
Renderings: BSC will attempt to provide countertops from the specific slabs selected and/or shown in renderings provided to the customer. However, issues may arise during fabrication, which prevent the job from being completed as rendered, or with the slabs originally selected. Customer agrees that Benson Stone, at its sole discretion, will complete the job using material from the same (or matching) lot.
Material Characteristics: Customer understands that stone is a product of nature, it may contain small cracks, deposits, color variations, veins, and thickness variations. When misused, the material can be scratched, stained, broken, and cracked. Customer also understands that repairs and patches are part of the normal fabrication of natural stone, and that the presence of such repairs is not grounds for rejection of the material provided that the the appearance of the finished surfaces are of reasonable quality.
Additional Jobsite Trips: If an additional trip(s) to the job is needed, beyond those normally required to complete either the template or installation, and if the additional trip(s) are required through no fault of BSC, the additional trip(s) will be charged at a rate of $75.00 per man per hour including travel time. The additional charge will be added to the contract price of the signed proposal.
Additional Jobsite Time: The job site must be ready for both template and installation before BSC arrives. If additional time at the job is needed, beyond the time normally required to complete the template or installation, and if the additional time is required through no fault of BSC, the additional time will be charged at a rate of $75.00 per man per hour. The additional charge will be added to the contract price of the signed proposal.
Incidental Damage: BSC is not responsible for any incidental damage to surfaces surrounding the countertops as a result of the installation process. BSC will be as careful as possible, but slight damage may occur during installation.
Cleanup: BSC agrees to remove all debris and leave the premises in broom-clean condition, however, installation of countertops is a construction process and residual dust should be expected. After installation is complete, Customer or his General Contractor are responsible for protection of the countertops.
Conditions Affecting Performance: BSC shall not be held to have violated this agreement by reason of additional costs, delays, and/or an inability to complete a project resulting from strikes, accidents or other circumstances beyond its control including, but not limited to, changed, undisclosed, or unanticipated conditions at the site of work, or the general unavailability of the selected materials. Customer understands that delays may occur for a variety of reasons, including the time needed to replace damaged or mis-ordered products. BSC agrees to diligently pursue work through to completion, but does not guarantee a specific completion date. Any completion dates given by BSC are estimates only. The customer agrees that there will be no compensation or damages for any such delays.
Subcontractors: BSC may, at its own discretion, engage subcontractors to perform work hereunder, provided BSC shall fully pay said subcontractors and in all instances remain responsible for the proper completion of this Contract. Customer may not hire outside contractors or suppliers to do any of the work included in the scope of this proposal unless BSC first agrees in writing.
Insurance: Owner agrees to provide necessary insurance for the site of work.
Customer Damages: BSC shall not, under any circumstances, be liable to Customer or end user for consequential damages. Any and all damages resulting from a breach of this agreement or negligence by Benson Stone shall be the lesser of the contract price set forth on the signed proposal or the cost of repair.
Cancellation & Refunds: The order can be canceled and any deposit refunded in full if the cancellation is received before templating and before any special order slab materials are ordered. If the cancellation is requested after templating or after BSC has ordered any special order materials, and before fabrication has begun, the deposit may be partially refunded after all costs to BSC for templating, materials, and drafting time have been deducted. ONCE FABRICATION HAS BEGUN, THE CONTRACT CANNOT BE CANCELED AND THE FULL PROPOSAL AMOUNT IS DUE, EVEN IF THE CUSTOMER NEVER ACCEPTS, OR REJECTS, THE DELIVERY OR INSTALLATION OF THE MATERIAL.
Payment and Breach of Payment Terms by Customer: All invoices shall be due and payable as agreed on the proposal. If the Customer does not pay per specified terms, then the end user (homeowner or otherwise) is responsible for payment and shall pay all costs associated with the Contract upon BSC’s demand. BSC shall be entitled to recover from any of the undersigned Customer, homeowner or other end user any and all damages which BSC sustains by reason of any default or breach of the terms of this agreement by the Customer, including any and all attorneys’ fees and costs. BSC shall further be entitled to interest at the rate of eighteen percent (18%) per annum, accruing from the payment due date.
Venue/Jurisdiction/Choice of Law: Any action, claim, counterclaim, proceeding or suit, whether in law or equity, at any time arising under or in connection with this proposal must be brought in the State of Illinois Circuit Court for the 17th Judicial Circuit in the County of Winnebago. The undersigned hereby unconditionally submits to the jurisdiction of such court to each such action and hereby waives any objection the undersigned may now or hereafter have to the venue of any such action brought in said court.
THE UNDERSIGNED HEREBY KNOWINGLY AND VOLUNTARILY WAIVES JURY TRIAL IN RESPECT TO ANY ACTION.
Expiration: This proposal automatically terminates, without further notice, if not accepted within thirty (30) days of issuance. Benson Stone may, at its sole discretion, choose to honor the proposal after the thirty (30) day timeframe, in which event all terms and conditions of the proposal shall be given full force and effect.
No Express or Implied Warranties: THERE ARE NO WARRANTIES WHICH EXTEND BEYOND THE DESCRIPTION ON THE FACE HEREOF. BUYER WAIVES ANY RIGHT OF WARRANTY OF MERCHANT-ABILITY, WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE AND/OR WARRANTY OF GOOD TITLE.