Terms and Conditions of Sale
“Delivery” implies delivery of materials to the curb of a street
Customer agrees to provide suitable roadways or approaches to points of delivery. Mason’s is not responsible for broken driveways, sidewalks, or other building components if delivery is made beyond the curb line on premises at the direction of the Customer, unless caused by Mason’s gross negligence. Partial deliveries are permitted. If Customer is not on site to provide direction for delivery location, goods will be dropped at the best location that is possible, at the discretion of the driver making the delivery, without crossing the curb line. If delivery cannot be made safely and legally, goods may be returned to our yard and may be subject to extra delivery charge.
We will give you as much notice as possible of each intended delivery date. Deliveries may be made at any time Monday to Friday between 7am and 5pm. We will not be responsible for making delivery at any time more specific than above. It is your responsibility to ensure that your representative is available on site to take delivery of and sign for our products. If you fail to take delivery of our products we may return them to our depot and be entitled to recover from you our haulage costs incurred in respect of the wasted journey.
It is your responsibility to inspect our products upon delivery.
Any discrepancy with a delivery (i.e. shortages, incorrect or damaged products) should be noted on the delivery ticket and also notified to us in writing within seven days of the delivery date. Any claim received after this time will not be considered.
In the event that any of our products delivered to you are short or damaged we reserve the right, at our option, to replace the products or to refund the cost of the products to you. We shall not however be under any obligation to replace or refund the cost of damaged products where a delivery has been unpacked and products distributed across your site or where the products have already been wholly or partially incorporated into any works.
Delays in delivery of any order shall not entitle you to refuse to take delivery of any order, claim damages or terminate this contract.
2. Payment Terms
All shipments of material to job sites must be paid in advance unless you have credit terms established with us. We will not make COD deliveries. If you have authorized us to use your credit card for payment of invoices for material shipped to you, you agree to be responsible for these charges whether you have signed to credit card slip of not. You will notify us in writing if you wish to rescind or cancel a credit card authorization you have previously given us.
There is a $50.00 charge for each cheque returned by the bank for any reason.
All materials remain the property of Mason’s Masonry Supply until they have been paid for.
3. Custom Orders
Product ordered to a customer’s specification is not subject to exchange or refund.
Custom ordered product must be paid for in full, whether delivery is taken or not.
All custom stonework and special orders require a deposit or a signed purchase order if you have already established credit terms with us. All deposits for material are non-refundable.
Only certain items may be returned for credit. Regular stock material returned in good condition and within 90 days from date of purchase is subject to a 25% re-stocking charge plus freight charges as applicable. Returned items will be inspected upon return to our yard and items that are not in good re-sellable condition and/or were purchased more than 90 days before return will receive no credit. Also:
- Custom and special ordered material (including custom ordered brick) is not returnable for credit
- Aggregates (sand, gravel etc.), cements and bagged goods are not returnable
- Open or partial boxes of thin veneer products are not returnable
- Open, partial or re-piled pallets of stone are not returnable
- Trucking charges will be applied to returnable goods picked up by Mason’s from job sites
- Items for return will only be picked up if they are in a condition to be handled and transported safely
5. Skids / Pallets
Mason’s Masonry will arrange for the return of empty skids/pallets from your job site providing the pallets are stacked in a stable manner and in a location that is accessible to our trucks. Some types of pallets carry a refundable charge and some do not. We will not pick up pallets that were shipped to you at no charge. You will be credited for any pallets that you have paid for provided those same pallets are returned to us in good condition. One type of pallet cannot be substituted for another. We will pick up pallets from job sites when possible within our delivery schedule. We cannot promise specific dates or times on which we will return pallets.
Pallets may also be returned by you to one of our locations at any time during normal business hours.
Brick and stone products are manufactured to meet or exceed the requirements of the relevant CSA and ASTM standards. These standards stipulate the required physical properties of products (such as compressive strength etc.) as well as the permissible amounts of such things as chippage, size variation and distortion - which are inevitable to some extent in a clay brick and stone products. If you believe that a brick, stone or other product shipped to you does not meet this standard or has some other defect, you are to advise us as soon as possible.
Please do not install any brick, stone or other product if you think there is a problem with them. Brick, stone or any product that has been installed will be considered accepted by the customer.
7. Natural Stone Terms
When laying up Indiana Limestone, the use of non-staining white cement is required.
Stone sold by weight is sold by the Imperial Ton (2000 lbs.) and pound.
There is no guarantee that natural stone will not undergo colour changes due to the action of either endogenous or exogenous forces.
Under no circumstance should acid be used in the cleaning of stone- especially sandstone. The effect of acid is unpredictable and some acids may stain the stone.
Open, sorted or re-piled skids of natural stone may not be returned for credit.
Man-made and natural materials may vary in colour, texture, clarity and other physical properties.
Cleaning of any product should only be done in accordance with the manufacturer’s recommended procedures for that particular product.
Chemical cleaners and/or sealers may or may not have the desired effect since results depend on method of application and other on-site conditions.
9. Exclusion of Liability
9.1. You acknowledge that you are buying in the course of your business and that you have not relied upon our skill or judgment as to whether our products are fit for your particular purpose even in circumstances where you have explained that purpose to us.
9.2. All conditions, warranties and representations implied by common law, statute or otherwise (including without limitation any implied condition, warranty or representation as to correspondence of the goods with any description given, satisfactory quality or fitness for any particular purpose) are excluded or otherwise waived by you.