Natural Stone Contract - Wholesale Contracting to have stone made ...-ag by yaofenjin


									                       Natural Stone Contract - Wholesale
Contracting to have stone made to fit your home is unlike buying most items. The stone once cut, can not
be changed, altered, or fit to someone else’s needs. Therefore it can not be returned. You must be certain
you have selected the exact slab(s), the right color, texture, edge treatment, shape, sink, etc as you only
have one chance to get it perfect. You or your authorized designate must be onsite for both template and

This contract is here to protect you and ensure that your expectations are in sync with what we can provide.
Crystal clear communication documented in writing eliminates misunderstandings and disappointments. You
must be certain and responsible for your choices...they can not be changed.
Stone Masters Inc. will provide 1 template, 1 fabrication sequence, 1 delivery/install, 1 sealing and provide a 1- year limited
warranty for a natural stone countertop or project. Quartz counter-top warranties are provided by the manufacturer of the
quartz itself. The customer understands that the estimate is subject to change once the actual dimensions, edge selections
and final designs are verified at template. For pre-packaged bundle sales of “up to x S.F. of stone”, all pieces to be fabricated,
must be finalized at template or un-used square footage is forfeited. Customer is responsible for determination of suitability of
application. Excessive and/or direct heat can crack and damage stone thus voiding any stone’s warranty.

Estimate includes one set of faucet holes. Cook-top cutouts, under-mount bowl holes, & premium edges may incur additional
charges. Custom shapes and arches, larger than 12 inch radii or series of arcs are subject to additional charges. The
estimate assumes first floor delivery and installation. When additional men are required for stairs, oversized, trapped or fragile
pieces, each additional man required to deliver and lift stone safely into place will be charged at the rate of $250 per man.
Stone Masters reserves the right to cancel any job we deem unsafe or inappropriate for any reason or at any point in time.
Backsplash edges are “Eased”. Trapped stone may require additional templates and or installation trip at additional costs.
Jobsite must be accessible with customer provided parking and structurally sound steps into the building where stone is to be

Your slab choice, is a personal one. Each piece is unique. There are variations from slab to slab and lot to lot. Natural stone
has veins, fissures, pits, cracks, anomalies, color variations and other types of visible variations by its very nature. These are
what make it unique, beautiful and natural. You must select, inspect and accept your individual slab. If you make your selection
from a photograph, video, or sample you are waiving your right to inspection. You may misinterpret the color and not be able to
see the flaws inherent in your specific slab until it is too late to change your selection or mind.

Digital Slab Layout allows you to digitally position the pieces upon the slab(s) and select the grain and color matching at
seams. We offer a state of the art “digital layout” service which achieves the best available results in the industry. This is an
optional service available and HIGHLY recommended for any stone that has color variation, veins or movement. The cost for
this optional service is $7.50 per square foot. This service must be scheduled by appointment and will affect the turnaround
time from template to installation. This can only take place after template and before installation. YOU ARE SOLELY
service we will position the pieces on the slab you selected. Color variation, pattern or vein direction at seams is not positioned
with any goal in mind without a “Digital Layout”. Initials required________________________

Seams may be necessary and are subject to slab size, condition, job layout and structural limitations. A seam is where two
separate pieces of stone come together. The locations of seams are determined solely by Stone Masters, Inc. at the
programming stage of the fabrication process. At seams the stone is not magically fused or melted together, nor will seams
appear to be invisible. They are glued together and will look and feel like the two stones were glued together. Seam
specifications are as follows: Maximum width of any seam is not to exceed 7/32nds of an inch. The maximum lip (height
difference from one side of the seam to another), is not to exceed 1/16th of an inch. The final color of pigmented adhesive is
mixed onsite and must be approved by the customer or customers designate during installation but prior to its application and
seam creation. The consumer or consumers designate must be on-site to approve this “mixed” color. The absence of the
consumer during installation constitutes approval and acceptance. We cannot get your approval if you are not present. The
glue color cannot be a perfect match due to stone color varying though out the length of the seam, therefor it is an “average” as
viewed by the preparer or consumer. Once cured it cannot be changed easily or at no charge. Be present, observe, participate
and approve the mixed adhesive before it is applied as this is your one and only chance to get it just the way you want it.
Initials required_______________________

Stone Masters applies sealer to all natural stones except Soapstone. These stone types include, but are not limited to Marble,
Quartzite, Travertine, Granite, Dolomite, and Slate. Sealer is not a guarantee against stains or etching. All stone can stain and
etch. Sealer is designed and intended to reduce the incidence of staining and slow down the penetration of staining agents.
Sealer does not make the stone shiny, polished, stain proof or feel different in any way. Sealer does not fill in pits, fissures
flaws or rough spots in any visible way. Sealer is a microscopic film that is not intended to be visible. Sealer in no way prevents
etching, which is distinctly different from staining. Sealer does increase the stones natural resistance to staining. Neither
staining nor etching is covered under the Stone Masters warranty. Stone Masters does re-sell and you are being offered to buy
a DuPont 15-year stain protection warranty for $299. You have just been offered a 15 year stain warranty from DuPont. I
understand that there is no warranty against stains expressed or implied and if I choose to buy the DuPont 15-year stone
warranty my sole remedy is with DuPont not with Stone Masters Inc.

I do / do not want to buy the DuPont 15 Year stain warranty for an additional $299______________ Circle Choice and Initial.

All appliances must be physically located in their final position by you or your contractor before scheduling the
templating and installation of counters. This includes any appliance that is adjacent to the countertop. Downdraft ductwork
for cook-tops and certain model ovens are especially important to plan for. Failure to do so may result in the appliance not
being able to be fitted into place so consult a professional appliance installation expert. We are not appliance installers and will
not level or mount appliances to cabinets, only to stone. Side mount dishwashers should be pre-installed by your contractor.
We do not install or connect any appliances.

Sinks, faucets and plumbing: If the customer is supplying a sink, it must be provided at the time of template. The
faucet must be provided no later than at stone installation.

Faucet holes will be drilled on site. It is your responsibility to determine the final position and layout of sink and faucet
holes. You must be sure that you have operational clearances for all faucet and faucet accessories before YOU decide
where YOU want us to place your faucet hole(s). Sinks must fit inside the cabinet base or they will be trapped.
Trapped sinks are the customer’s responsibility and are impossible to remove or replace without destroying the
cabinet or counter. Think this through before you decide to “scoop” a cabinet’s sides to force a sink to fit a cabinet.

We will mount your sink to counter top. Plumbing connections are NOT included unless specified in a separate
plumbing quote. Sinks do not “come with” related items such as faucets, strainers, grates, soap dispensers or
sprayers. These are all optional accessories. Under-mount farm sinks or apron sinks must be pre-mounted to the
base cabinet prior to template and be set 1/16 of an inch below the tops of the adjoining cabinets.

Tub decks, shower seats, niches, shower thresholds and any other item that needs to be pitched needs to be pitched in the
supporting structure and will not be pitched via the stone or setting mortar or adhesive. Tub decks are particularly difficult
installations as they are left, right and height sensitive, therefore under-mount tubs must be in place prior to template. Drop-in
tubs can not be plumbed in place until after both template and stone installation are complete. Drop-in tubs must be in place,
but not plumbed, therefore removable for both template and installation processes.

All cabinetry and/or stone supporting structures must be fully installed, level and plumb. Stone Masters is not
responsible for leveling or adjusting your supporting structures. Stone warranty is void if your cabinets or supporting structure
is out of level or flat by more than ¼” over 6 feet. Cabinets must be securely fastened to the wall, floor and each other. Cabinet
styles (the face end) must be notched by your carpenter or we will have to notch the stone. Stone Masters will not modify the
finished surfaces of your cabinets. Cabinets should be mounted on top of the finished floor or at the same height as the
finished floor. Finish flooring such as tile or hardwood, when installed up to, but not under cabinets may cause problems with
the fit of any appliance that comes up to the counter top from the floor. This may result in trapped appliances or appliances that
can not be lowered enough for the countertop to sit flat on top of the cabinetry. All supporting structural items must be flat, level
and secure. All stone must be adequately supported. This is your responsibility to provide and install support for the stone. All
cabinets, braces, brackets, scab boards corbels and structural steel needs to be in place prior to template. Flexing, deflection
or unlevel supporting items will cause stone to crack and Stone Masters can not be responsible for your failure to support the
stone. We will use shims to compensate for your lack of flat and level. Shims will be visible. You can prevent this by using a
laser level and making sure you have adequate support for 20 LB per SF of stone to be supported. Seams pop when support
moves, settles or flexes, this is not a defect of stone or it’s installation, but is indicative of improper or inadequate sub-structure
support which is typically but not limited to cabinets. Maximum unsupported overhang is 12 inches.

Scheduling, if you are not ready for either templating or installation on the scheduled date for any reason, and fail to notify us
with less than 3 business days (72 hours-not including weekends or holidays) prior to the scheduled date we will charge a $150
rescheduling fee for Templates and $250 for installations. Turnaround time is approximately 7-12 Business days and varies
due to seasonal fluctuation. A typical install is 3-5 hours long. Yours may be shorter or longer depending upon the size,
complexity and other factors. Plan for this and be present for the duration to inspect the finished job and make final payment.

Template arrival times are AM, Mid Day or PM, Monday through Friday.
       Template time slots are “AM” (8AM-10:30AM) “Mid-day” (10:30AM – 1PM) and “PM” (1PM- 3:30PM).

Install arrival times are either AM or PM, Monday through Thursday.
          “AM” is between 8AM and 12 noon and “PM” is between noon and 5PM.

Customer pick-up is available from 9AM to 3PM, Monday through Friday only.

We do not polish the underside of the stone unless specifically quoted before fabrication. All leftover stone is the property of
Stone Masters including sink, oven or cook-top cutouts.

You must be onsite during both templating and installation to answer the many design and installation questions that may
arise. In order to make an accurate template, any existing countertops must be removed before we come to make a template.
Solvents, epoxy, sealer and silicone will be used during installation and will emit strong odors. Adequate ventilation is required.
Expect noise, fumes and dust. This is actual construction, not just a delivery.

Payment and Terms: Payment is accepted in form of check, money order, or cash. A 50% deposit is required to hold
the slab(s), the slabs balance will be due upon arrival of the installation team. The contractor or his designate must be
onsite to sign for material acceptance, fully inspect and pay the balance. All materials remain the property of Stone
Masters inc. until paid in full. If you leave the job site, after installation has started and fail to leave full and final
payment, a $300 per day late fee will be added for every day that payment remains outstanding.

All choices changed after contract are subject to a 20% restocking fee plus any freight charges for non-stock items.
Cancelation for any reason after template will result in a forfeit of the deposit.

Jurisdiction: This agreement shall be governed and construed in accordance with the laws of the Commonwealth of
Pennsylvania. The parties hereby consent to the jurisdiction of the Chester County Court of common pleas, Chester County

Default: If customer party fails to perform his or her obligations under this agreement, then Stone Masters Inc. may
exercise any right it has including, but not limited to, bringing an action in law or in equity, including an action for
specific performance. In the event that Stone Masters is the successful party in any litigation matter, then customer
shall be required to pay attorneys fees.

We are not painters: Expect touch ups since painter’s caulk will be used wherever stone meets walls, drywall, plaster etc. This
caulk is white in color and paint-able. This is a building code requirement and not optional. The stone is very heavy and to get
the best possible fit of stone, walls may get scratched, expect this and plan on it. We will make every effort to protect and not
damage walls; however, it does happen.

We are not responsible for damage or fit to an existing tile backsplash: Existing back splash and the grout is a potential
problem when trying to re-use an existing tile back splash. When removing the existing counter top we have no way of knowing
how the existing top is secured to the walls of cabinets; therefore cracking an existing tile is likely. The grout between the
existing counter and the tile is going to be damaged for sure. Expect this and plan around it. The old counter thickness may be
different than the new countertop. A gap may exist between the new top and the pre-existing tile backsplash as it was most
likely installed on top of the old countertop which may or may not have been level.
Why point out things that can go wrong? We are Stone Masters, specializing in crafting stone. We are experts at what we
do. We take pride in our work and want you to know in advance and anticipate what we are going to deliver. We do not want
you to be disappointed in us, or our product. We are helping you prevent issues.

Limited Warranty: See full warranty below for details; however know that ongoing maintenance such as cleaning or sealing is
not included with this purchase. Damage such as chips, scratches, stains, etching, marring, color changes, spots, UV damage,
and smudges are not covered, nor are any maintenance and repairs included with this purchase. We guarantee that you have
purchased a stone and that it is a product of nature. It will behave like a stone. Being a product of nature it will have flaws such
as but not limited to: pits, veins, fissures, color variations, surface anomalies, cavities, and inclusions. It is a 30 to 50 million
year old stone. Even gems, such as diamonds, emeralds and sapphires have flaws and are graded based upon their clarity,
color and flaws. Gemstones are rarely flawless and therefore priceless. Do not expect your countertop to be 100% free of
flaws. Any stone material sold by the square foot will have flaws.

Material Choice: _____________________________________________________________________

Edge Choice: ___________________________ Sink Choice: _________________________________

Faucet Choice_______________________________________________________________________

Digital Slab Layout                     YES __________________                             NO__________________________

15 Year DuPont Stain Warranty                YES_________________                           NO__________________________

This quote is an estimated cost, prior to templating ___________________                                Date: ________________

I have read, understand and agree to these terms described above, no other representations, statements or
warranties apply. By signing below, I acknowledge receipt of this binding contract.

Customer Name Printed________________________________________________________________

Signed: ________________________________________________                                        Date: _____________________

Stone Masters, Inc representative:___________________________                                   Date: _____________________

610-444-7200              Fax 610-444-7209
1) PA State Contractor number PA-000574          2) Liability Insurance Coverage $1,000,000.00 3) Bureau of Consumer Protection helpline 1-888-520-6680
4) You have the right to cancel this contract without penalty, within 3 business days from the signing date above.

                     Stone Masters 1-Year Limited Warranty for natural stone products

You have purchased a quality product from Stone Masters Inc. This will provide you with years of service and beauty. This
countertop, sink, fireplace or other fabricated product is warranted against any manufacturing defect for a period of 1 year from
the date of installation.

If your item was not manufactured correctly Stone Masters Inc. will at its sole discretion, repair, refund or replace it. This
warranty does not cover damage or failure due to heat, chemical or physical abuse. Stone when installed outdoors is subject to
UV, movement and temperature swings and therefore not covered whatsoever. The warranty does not cover your failure to care
for or protect it.

The stone is not warranted against stains, etching, chips, fissures or impact damage. You must strictly follow the use and care
guidelines as outlined in our accompanying guide. You must report any problem immediately. Sealer is not a guarantee against
stains. Sealer is intended to make the surface stain resistant, not stain proof. If you desire added protection against staining you
may re-apply additional coats of sealer at your cost and risk.

This warranty does not cover fabricated products that are moved from their originally installed position, or that have been
modified. This warranty does not cover natural characteristics such as veins, fissures, color variation, mineral deposits, water
lines, surface marks, pits or blemishes.

This warranty does not cover damage that is out of our control such as fire, house settling or other acts of nature. This warranty
covers defects in manufacture only. No further warranty is expressed or implied and Stone Masters Inc.’s obligation is limited
solely to repair, refund or replace the item in question. Re-templating and re-installation are the financial responsibility of the
home owner. Stone Masters Inc. shall not be liable for any loss or direct, incidental or consequential damages arising out of the
use or inability to use your sink, fireplace, tub surround or counter top.

Care and Maintenance: Stone Masters uses Dupont StoneTech brand sealers on its finished projects, periodic reapplication of
sealers is mandatory to preserve and maintain the integrity of the stone. The correct Dupont Stone Tech product is required for
your stone. It must be purchased and applied in accordance with the directions provided with the product.

Soapstone should be treated with mineral oil or dry waxed with Dorado Soapstone dry wax.

Transferability: This warranty is not transferable to subsequent owners of your home.

Claim: To make a claim you must present this warranty certificate and original receipt to a Stone Masters Inc. office.

                                         Use and Care of Natural Stone
Natural Stone’s hardness varies from stone type to stone type. Not all granites are the same hardness and not all marbles are
as soft as each other. Therefore, generalizations about stone types and use may be misleading. Generally speaking, granite is
very hard and resistant to scratches and heat. Again, generally speaking, marble is soft and vulnerable to scratches, etching
and staining. This is why granite makes an ideal stone choice for kitchen counter-tops and marble is most frequently used in
bathrooms on walls, floors, and vanity tops.

Most granite never needs to be sealed and is very resistant to water penetration and staining. This is not true for all granite
stones. We recommend sealing granite at least annually, as you can not over seal it. If water penetrates the surface and the
stone darkens in color when wet, this is a strong indication that your stone is vulnerable to staining and should be sealed. Using
the right sealer is important. We recommend Dupont StoneTech products and you must select the correct product for your
particular stone. The brand and product we recommend may change over time as developments in the chemistry continues to

Soapstone is in a class of stone that requires nothing at all for an aged patina or a periodic application of mineral oil or Dorado
Dry Wax to maintain the darker color associated with oil/wax. Soapstone is considered soft and will scratch.

                                                    Daily Use and Care
Clean the surface with mild dish soap, rinse with fresh water, then dry with a soft cloth. Do not use cleaners with abrasives in
them as it may dull the finish. The Marble institute recommends periodically using stone wax or car wax to protect from water
penetration, staining and dulling.
To avoid scratching, chipping and cracking, do not drop or drag objects across the surface. This may scratch or chip the
surface, so take care not to. Do not stand or sit on top of your counters. Excessive weight may crack or break the stone,
especially in front of or behind the sink or cook-top. In those spots the stone is especially thin.
To avoid staining, use trivets or coasters, clean spills as they happen and avoid acidic substances such as citrus, tomato
based products and wine. See below for annual care. Additional information about use and care can be found at www.marble-

                                                            Annual Care
Re-sealing your stone is at least an annual task. If your kitchen counter is used every day by a large family, or even lightly used,
but harshly, it may be required more frequently. The water test (if it darkens when wet) is an easy and quick way to tell if you
need to reseal your stone surface right away. Think of your counter top like your car finish. If you want your counter-top to
always look new, you keep it clean, keep it waxed and don’t let people drag objects or hit your finished surface.

You protect it and care for it and think before placing objects on top of it. You wouldn’t walk across your cars roof so when it
comes time to change the light bulb above the sink, get a ladder

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