Standard terms and conditions of sale

1. Marble of the World shall herein be referred to as seller.
2. Purchaser agrees to buy and accept delivery of the merchandise described on the reverse side hereof from seller and seller agrees to sell the merchandise described on the reverse side hereof to purchaser upon the terms and conditions stated herein on the front side hereof.
3. Purchaser hereby grants and conveys to Seller a purchase money security interest in the merchandise described on the front side hereof until the purchase price for said merchandise is fully paid in cash, in case of default by Purchaser, Seller shall be entitled to re-take and repossess the merchandise without demanding and without process of law and for this purpose may enter upon the premises where said merchandise may be and remove same at its option and seller shall further be entitled to avail itself of any other remedy available to it under Florida law. At the request of the seller, purchaser will execute one or more financing statements pursuant to the Uniform Commercial Code in form satisfactory to seller and will pay the cost of filing same wherever is deemed necessary or desirable by seller, purchaser agrees, however, that seller, at seller's option, may elect to consider the merchandise as realty instead of personality and enforce whatever lien rights may be available to seller under the law against any realty in which said merchandise may be attached to become part of. Any unpaid balance on labor, material, or the contract price shall constitute a lien on the premises whenever they may be uses, at seller's option. No loss, damage or destruction of the merchandise described on the front side hereof shall release purchaser from his obligation hereunder.
4. Terms of payment are net on invoicing unless otherwise specified herein. All sums not paid when due shall bear interest at the maximum legal rate allowed by law and shall be payable on the first day of each month. In the event payment due hereunder has to be collected upon demand of an attorney, or suit has to be instituted for the enforcement hereof, the purchaser agrees to pay all costs and expenses thereof including, without limitation, reasonable attorney's fees (including appellate attorney's fees) and court costs.
5. All merchandise is sold subject to variation in shade, All tile is sold subject to abrasion and caution should be used regarding proper installation thereof. SELLER IS NOT RESPONSIBLE FOR, SHALL NOT HAVE LIABILITY FOR, AND DOES NOT WARRANT AGAINST: Shade variation, crazing, scratching or wear on the tile surface; defects discovered after installation of the tile or other materials; abrasions on installed tile; slipping, mishap or other injury due to the surface characteristics of the tile.
6. LIMITED WARRANTY
   ALL MERCHANDISE SOLD BY SELLER IS SOLD 'AS IS' AND THERE IS NO WARRANTY, EXPRESSED OR IMPLIED, OF MERCHANTABILITY OR FITNESS, OR ANY OTHER EXPRESSED, IMPLIED OR STATUTORY WARRANTY.
   Claims for errors or defects in the material and/or workmanship will not be allowed unless the Seller is given an opportunity to investigate and correct the alleged errors and defects. Purchaser hereby agrees to accept as binding and conclusive the reasonable determination made by seller with respect to any and all claims as herein described with regards to the causative factors and responsibility for the errors or defects cited by Purchaser in a claim. Any claims for errors of defects in material and/or workmanship will not be allowed after the merchandise has been installed. In the event a claim is made by purchaser within the time requires and it is determined by seller that such claim is based on a defect of error in material and/or workmanship, it is understood and agreed that purchaser's sole and exclusive remedy is the replacement of like kind merchandise for the defective merchandise of repair of the defective merchandise, at the discretion of Seller; but in no event shall seller's liability exceed seller's cost of the merchandise claimed to be defective. It is understood and agreed by Purchaser that in no event shall seller be liable for direct, resultant, incidental, consequential or any other damages arising form any error or defect in material and/or workmanship.
7. Failure of seller to enforce any of the conditions of the contract shall not constitute nor be construed as a waiver of any other requirements of the provisions of the contract
8. This contract or invoice shall be governed by the laws of the State of Florida
9. Seller shall not be liable for delays caused by conditions beyond its control including, but not limited to, delays in production or shipping and delays caused by strikes or accidents.
10. The terms and conditions set forth herein constitutes the entire agreement of the parties which may be modified only by an instrument in writing and signed by seller and purchaser. Purchaser agrees to pay seller interest at the highest rate allowable by law on all sums not paid when due. Interest shall be payable monthly on the first day of each month.
11. The merchandise covered by this contract is ordered to confirm to purchaser's requirement and this order is not cancelable by Purchaser after acceptance by seller
12. Prices set forth on the front side hereof, are predicated upon current foreign exchange rates and current costs and are subject to adjustments by Seller, due to devaluation of rates, increases in freight costs, increases in material costs occurring subsequent to the date of this contract and prior to the date of delivery of the merchandise to purchaser.
13. No statement, representation or agreement, written or verbal, not appealing on this contract or on an executed addendum affixed hereto is binding or acceptable. Upon acceptance of this contract by an authorized agent of seller, this contract shall be binding upon the heirs, personal representatives, successors and assigns of the representative of the respective parties hereto.
14. Seller hereby reserves the right to cancel any portion of this contract once accepted by the seller in the event of the merchandise is unavailable at the time of requested delivery or may substitute other merchandise of similar quality and nature. All agreements herein imposed upon seller shall be subject to strikes, accidents, acts of God, weather conditions, inability to secure labor or material, governmental regulations and requirements and other factors beyond the seller's control, which prevent or delay performance by seller and the delivery dates or installation dates as the case may be, shall be extended for a period equal to the time lost by reason of such delays. Seller shall not be liable for incidental, consequential, direct or other damages incurred by purchaser as a result of any type of delay, whether due to the cause set forth or otherwise.
15. If purchaser shall fail to do any of the several things required of purchaser within the time allowed, or if no time is specifies, within a reasonable time, this contract may, at the option of the Seller be terminated and the purchaser's deposit or deposits made hereunder shall be deemed all liquidated and agreed upon damages and as consideration for the execution of this contract by seller and all obligations and duties of the parties hereto shall cease or, seller, may seek to specifically enforce this contract against the purchaser or may sue purchaser for all damages suffered as a result of purchaser's default hereunder.
16. Unless otherwise provided on the front side and / or enclosed hereof, all merchandise shall be sold F.O.B. Seller's address as set forth on the front side of this contract provides the sale of merchandise only.
17. Seller will hold available merchandise with a 50% deposit for a maximum of 30 days. The contract is subject to cancellation and administrative handling charge of 20% of contract total or deposit amount, whichever is greater, if not paid in full within 30 days from available date.
18. Marble, granite and all natural stone are products of nature. It is not possible to guarantee that all color and markings, nor that every characteristics of a sample piece will be uniformly present in every piece.
19. All claims for shortage or damage must be made at time of pickup, or delivery or within 3 days of receipt if shipped by common carrier.
20. All sales are final. No returns, credits or refund.
21. The above material was received in good condition and above description. Seller shall retain a security interest in the merchandise until this invoice has been paid in full.
22. In the event of non-payment, purchaser agrees to pay seller's reasonable attorney fees and court costs incurred by seller whether suit is filed or not. Paragraph 1 through 10, inclusive of the terms and conditions, herein apply whether this document relates to an invoice or a contract. Paragraph 11 through 22, inclusive of the terms and conditions, herein apply only if this document relates to a contract.
23. Seller until paid in full will issue 'Notice To Owner'claims upon the installation property owner to protect seller's lien rights under Florida Statue Chapter 713 et.al.-Construction Lien Law.
24. Purchaser agrees to provide Seller with the installation address prior to seller's providing any goods or services.
25. Seller reserves the right to modify or change Standard Terms and Conditions of Sale at any time.
26. We are not responsible for typographical and clerical errors.
27. Absolutely no claims will be allowed once the merchandise is installed, cut or otherwise altered.