Terms and Conditions of Sale and Installation

1. All orders for goods and services are final and are not subject to cancellation, modification, and/or amendment without express consent and permission of The Granite Shop. In the event that the Buyer elects to cancel all or part of the invoice and The Granite Shop consents to such cancellation, the Buyer shall be charged a cancellation and re-stocking fee not to exceed 25% of the sale price of the item of items. Such cancellation fee shall be deducted from and funds deposited upon execution of sale.
   
   
2. Delivery and installation dates are not guaranteed by The Granite Shop. When goods are ready for delivery and/or installation, The Granite Shop shall promptly give notice of delivery to the Buyer. In the event that the Buyer refuses to accept delivery or installation when the goods are ready or within a reasonable time thereafter, the Buyer shall be responsible for the payment of a storage charge and/or re-scheduling fees which shall be added to the balance due and owing under the sale.
   
   
3. The Granite Shop shall not be responsible for damage and/or defects caused by the Buyer's misuse and/or malfeasance, misfeasance, and/or nonfeasance in the use and care of the goods.
   
   
4. ANY AND ALL EXPRESS AND/OR IMPLIED WARRANTIES ARE PROVIDED BY STATUE, THE UNIFORM COMMERCIAL CODE OR COMMON LAW INCLUDING BUT NOT LIMITED TO A WARRANTY OF FITNESS A PARTICULAR PURPOSE OR MERCHANTABILITY, UNLESS PROVIDED FOR HEREIN TO THE CONTRARY, ARE HEREBY DISCLAIMED.
   
   
5. The Granite Shop will not be responsible for any and all compensatory and/or consequential and/or exemplary damages as the result of delay in performance, including installation, deliver or shipment of goods or for performance hereunder.
   
   
6. The Buyer hereby acknowledges that all products offered by The Granite Shop are subject to substantial variations in color, shading, width, dimensions, texture, shape, finish, consistency and durability. It is understood and agreed that The Granite Shop shall not be held responsible for any and all damages and/or claims resulting from natural variations in the products or modifications during installation as a result thereof. Likewise, The Granite Shop shall not be responsible for discretionary decisions concerning the installation and placement of materials including but not limited to solid surfaces, tiles, inserts, baseboards, and grout made by The Granite Shop and/or its sub-contractors and/or employees during installation. Stone products, due to their brittle and porous nature, are subject to chipping and splitting and The Granite Shop shall not be responsible for such events. In addition, The Granite Shop will not be responsible for the removal and/or installation of electrical outlets, related electrical parts, plumbing, or any mechanical services, that may in any way effect the installation and/or removal of solid surfaces or related products.
   
   
7. It is agreed that the Buyer or its agent has been afforded the opportunity to inspect the goods prior to installation and following such inspection shall be deemed to have accepted the goods in their totality and the natural variations contained herein.
   
   
8. It is hereby agreed that the Buyer may be exposed to additional charges by The Granite Shop for sanding, polishing, filing, honing, and/or grinding marble and granite surfaces in accordance with the Buyer's requests following installation.
   
   
9. In the event the Buyer breaches the terms and conditions of this agreement, The Granite Shop shall be entitled to recover any and all costs of collection, including attorneys fees on the trial court and appellate level. In the event of litigation arising out of this agreement, each party hereby agrees that the venue of such proceedings shall be Cobb County, Georgia, and this agreement shall be constructed according to the state laws administered in the state & county of The Granite Shop.
   
   
10. Each party has reviewed and participated in the formation of this Agreement and, accordingly, any rule or construction to the effect that ambiguities be resolved against the drafting party shall not be employed in the interpretation of this Agreement.
    
    
11. This is the entire Agreement between the Parties covering everything agreed upon or understood in the transaction. There are no promises, conditions, representations, warranties, guarantees, understandings, interpretations or terms of any kind as conditions or inducements to the execution hereby were in effect between the Parties other than as herein set forth. Any Agreement hereafter made shall be ineffective to change, modify, discharge or effect an abandonment of this Agreement, in whole or in part, unless such Agreement is in writing and signed by the party against whom enforcement of the change, modification, discharge or abandonment is sought.