Fireplace Terms & Conditions
Scope of Work
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.
Modifications: The proposal price is subject to change if changes to dimensions, jobsite conditions, and/or specifications are encountered during installation. All changes or modifications to the proposal specifications will be executed only upon a written order for the same, signed by the Customer. Any additional charges for such changes or modifications will be added to the contract price of the signed Proposal.
Additional Jobsite Trips: The job site must be ready for installation. If an additional trip(s) to the job is needed, beyond those normally required to complete the 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 installation before BSC arrives. If additional time at the job is needed, beyond the time normally required to complete the 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.
Buyer Responsibilities: Buyer is responsible for removing all furniture from the installation area, unless furniture moving is specifically included in the Proposal. Buyer is responsible for removal and disposal of old flooring materials from the installation area unless those items are specifically included in the Proposal. Buyer is responsible for removing all breakables, valuables, and other small items (lamps, toys, plants, shoes, boxes, etc.) from the installation area and is also responsible for emptying closets and furniture (bookcases, china cabinets and buffets). Buyer is responsible for cutting doors that do not clear the new flooring, nailing squeaky floors, and touch-up of scuffed baseboards and walls.
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 misordered 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.
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.
Insurance: Owner agrees to provide and maintain fire, tornado and other applicable insurance for the site of work.
Cancellation & Refunds: The order can be canceled and any deposit refunded in full if the cancellation is received before any special order materials have been ordered. If the cancellation is requested after BSC has ordered any special order materials, the deposit may be partially refunded if the material can be returned. Restocking fees up to the full cost of the material may apply. IF THE ORDER CANNOT BE CANCELED OR RETURNED TO THE MANUFACTURER, THE FULL PROPOSAL AMOUNT IS DUE, EVEN IF THE BUYER NEVER ACCEPTS 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 Benson Stone 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: Seller shall assign all transferable warranties of the manufacturer, if any, to Customer. SELLER MAKES NO WARRANTY OF ANY KIND WITH
RESPECT TO THE MERCHANDISE, WHETHER EXPRESS OR IMPLIED. BUYER WAIVES ANY RIGHT OF WARRANTY OF MERCHANTABILITY, WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE AND/OR WARRANTY OF GOOD TITLE