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TERMS, CONDITIONS & USE
Welcome to thebuilderdepot.com hereafter referred to as "Site" or “Builder Depot” or “The Builder Depot”. Before usage of this Site, you must read, understand and agree to be bound by the following policies and terms referenced and any subsequent changes to the foregoing which may be made without notice. By using this Site, you signify your acceptance of these Terms & Conditions. If you do not agree with any part of the following Terms & Conditions, do not use this site.
TheBuilderDepot.com ("Builder Depot") reserves the right to change or modify any of the terms and conditions contained in the Terms & Conditions or any policy or guideline of the Site, at any time and at its sole discretion. Any changes or modification will be effective upon posting of the revisions and notice of such changes to the Site. Your continued use of this Site after the posting of its changes or modifications will constitute your acceptance of such changes or modifications. As you are constantly subject to these current terms and conditions, you should frequently review the Terms & Conditions and applicable policies from time to time to understand the terms and conditions that apply to your use of the Site.
These terms and conditions are also applicable to any transaction or purchase made with Builder Depot, as they are hereby conditioned as an extended use of this Site.
CONTENT DISCLAIMER & LIMITATION OF LIABILITY Your use and viewing of this Site is at your sole risk. The site as a whole, and the content therein are available and provided on an "as is" and "as available" basis. Builder Depot makes no representations or warranties, neither express nor implied, of any kind in respect to this site, the operation of this site, its content(s), or information. By using this site and viewing the content therein, you thereby acknowledge that you have been advised by Builder Depot to undertake your own due diligence with respect to this site.
LIMITATION OF LIABILITY YOU UNDERSTAND AND AGREE THAT THE BUILDER DEPOT AND ALL MATERIAL CONTAINED ON IT ARE DISTRIBUTED “AS IS,” “AS AVAILABLE,” “WITH ALL FAULTS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, WHETHER NOW KNOWN OR HEREAFTER ENACTED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF ANY THIRD PARTY RIGHT, FITNESS FOR A PARTICULAR PURPOSE, OR THOSE ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE. SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. YOU MAY HAVE OTHER RIGHTS WHICH VARY BY JURISDICTION.
THE BUILDER DEPOT AND THE AFFILIATES LIMIT THEIR LIABILITY IN CONNECTION WITH YOUR USE OF THE WEB SITE AS SET FORTH BELOW:
YOU UNDERSTAND AND AGREE THAT THE BUILDER DEPOT and the Affiliates are not responsible for any damage to any user's computer, INCLUDING, WITHOUT LIMITATION, DAMAGE from any such security breach or from any virus, bugs, tampering, fraud, error, omission, interruption, defect, delay in operation or transmission, computer line OR NETWORK failure or any other technical or other malfunction. The Web Site may be temporarily unavailable due to maintenance or malfunction of computer equipment.
EXCEPT WHERE PROHIBITED: YOU AGREE THAT THE BUILDER DEPOT AND THE AFFILIATES, AS APPLICABLE, ARE NOT LIABLE TO YOU FOR ANY LOSS OR DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, ANY DIRECT, SPECIAL, INDIRECT, INCIDENTAL, EXEMPLARY, CONSEQUENTIAL, ECONOMIC, OR PUNITIVE DAMAGES), WHETHER BASED IN TORT, CONTRACT, STRICT LIABILITY OR OTHERWISE (INCLUDING, WITHOUT LIMITATION, WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATIONS FAILURE, OR THEFT OR DESTRUCTION OF THE SITE) INCLUDING, WITHOUT LIMITATION, RESULTING IN ANY WAY FROM OR IN CONNECTION WITH: (1) THEBUILDERDEPOT.COM WEBSITE; (2) ANY ACTION TAKEN IN CONNECTION WITH AN INVESTIGATION BY COMPANY OR LAW ENFORCEMENT AUTHORITIES REGARDING YOUR USE OF THE SITE; (3) THE CONTENT; OR (4) ANY ERRORS OR OMISSIONS IN THE SITE’S TECHNICAL OPERATION, EVEN IF COMPANY OR THE AFFILIATES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE WEB SITE CONTAINS FACTS, OPINIONS, VIEWS, STATEMENTS AND RECOMMENDATIONS OF THIRD PARTY INDIVIDUALS AND ORGANIZATIONS. THE SITE DOES NOT REPRESENT OR ENDORSE THE ACCURACY, TIMELINESS, COMPLETENESS, OR RELIABILITY OF ANY FACTS, OPINIONS, VIEWS, STATEMENTS, RECOMMENDATIONS OR OTHER INFORMATION DISPLAYED, UPLOADED OR DISTRIBUTED THROUGH THE SITE. YOU ACKNOWLEDGE THAT ANY RELIANCE UPON ANY SUCH FACTS, OPINIONS, VIEWS, STATEMENTS AND/OR RECOMMENDATIONS IS AT YOUR SOLE RISK. IN NO EVENT WILL THE BUILDER DEPOT OR THE AFFILIATES BE LIABLE TO YOU OR ANYONE ELSE FOR LOSS OR INJURY, INCLUDING, WITHOUT LIMITATION, DEATH OR PERSONAL INJURY. NOTWITHSTANDING ANY OTHER PROVISION IN THESE TERMS, IN NO EVENT AND UNDER NO CIRCUMSTANCES WILL COMPANY OR THE AFFILIATES BE LIABLE TO YOU FOR ANY REASON OR ANY CAUSE OF ACTION WHATSOEVER IN AN AMOUNT GREATER THAN ONE HUNDRED DOLLARS ($100).
BY ACCESSING THE SITE, YOU UNDERSTAND THAT YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED, AND IN ACCORDANCE WITH SUCH WAIVER, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND, AND HEREBY EXPRESSLY WAIVE, THE BENEFITS OF SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA, AND ANY SIMILAR LAW OF ANY STATE OR TERRITORY, WHICH PROVIDES AS FOLLOWS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.
PRODUCT & SERVICE AGREEMENT The Builder Depot makes every effort to fulfill every order; however The Builder Depot cannot guarantee the availability of any particular product displayed on this Site. Builder Depot reserves the right to discontinue the sale of any product listed on this Site at any time without notice, and product prices offered on this Site may vary from other advertised prices due to varying conditions in different markets.
The prices displayed on this Site are quoted in U.S. dollars and are valid and effective only within the United States, and such prices do not include shipping and handling or sales taxes, regardless of whether or not you reside in an area that is subject to such taxes in accordance with federal and state law, which will be added to your total invoice price, should such taxes be applicable to you. You are solely responsible for the cost(s) of any shipping and handling charges and state and local sales or use taxes that may apply to your order. It is Our goal to maintain a website without any error whatsoever, however we do not guarantee that any content is accurate or complete, including price information and product specifications, and Builder Depot reserves the right to revoke any stated offer and to correct any errors, inaccuracies or omissions (including after an order has been submitted and accepted) at our exclusive discretion.
QUOTES VIA EMAIL Quotes can be sent via email. Once you email a request for a quote we will send you a quote back via email. We ask that you please check the quote throughly. Please check the quantity, product name, finish and sizes of the products along with the shipping address. If there are any errors or changes please email us immediately. Once you confirm the quote is correct, your order is sent to accounting who send a PayPal invoice. The order processed is what you confirm back to be correct. Please note that changes can not be made once your order has shipped.
SHIPPING Customer is responsible for all costs related to shipping product to the location specified by Customer. It is Customer's responsibility to provide contact information that allows the shipper to contact Customer when shipment is made. Shipping rates are for standard pick-up and delivery only. Additional storage and/or shipping charges and other warehouse charges may apply if Customer cannot be contacted, or is not available, to receive product; or if product is redirected upon Customer's request. If a shipping rate is quoted at an incorrect rate due to typographical error or error in pricing information received from Builder Depot suppliers, Builder Depot shall have the right to refuse, adjust, or cancel any orders placed whether or not the order has been confirmed or whether or not payment has been remitted. Customer is responsible for inspecting freight for shortages or signs of damage upon receipt of goods. All freight, loss, and damage claims must be filed with Builder Depot within ten (10) days from the date the shipment was delivered. Builders Depot shall not be liable for special or consequential damages or for any damages arising out of or caused by: (1) Delay, (2) Acts of God or the public enemy, (3) The Authority of the law, (4) Strikes, riots or quarantine, (5) The inherent nature or vice of the goods transported.
SAMPLES & PRODUCT DEPICTIONS Samples requested and sent to customers are sent in effort to assist customers in product order selection. Samples received are not to be considered an exact representation of products and only used as a general idea of product appearance. The Builder Depot assumes no responsibility for any errors or perceived misrepresentations resulting from mislabeled or inconsistent product samples. Please be advised that images and products depicted on this site are not meant to be exact representations of product appearance, and may vary significantly depending on your chosen viewing device.
The Builder Depot reserves the right to refuse any and all returns if the customer does not first order a sample to verify the color, condition and suitability of the product. In addition if the customer does not inspect the product prior to installation there can be no returns - once installed the product is yours. If you intend to install the marble, laminate, glass tiles or any of our other products and do not intend to inspect before installation do not purchase from us. Once installed under no circumstances can the product be returned - installation agrees complete acceptance of the product.
PRODUCT RECEIPT TIME & DUE CARE It is the responsibility of the customer(s) to take time with their order, the customer(s) must review the product to make sure there and no damages caused during freight. Customers must do this upon receipt of the product. Once the product is delivered to the customer or their assigned representative and signed for it belongs to the customer(s). Do take time to inspect the product prior to installation do not install damaged product. If there are a few damaged tiles we can work with you and overnight some more tiles, laminate flooring or mosaics. Please do not install directly from the box. Layout the installation prior to affixing to the wall or floor to understand if there are any variations in your order. Installing product is your acceptance of the product and any claims of labor arising from fixing or repairing the damaged product is solely the customer's responsibility.
ISSUES RELATING TO NATURAL STONE Being natural stone, some variation of color, sizes, thickness, finish, pattern etc. is to be expected the acceptable tolerance on our beveled tile is +/- 1mm. Honing in most cases is perfect on our tile and an even finish; if they are any slightly uneven areas your professional installer will be able to correct the honing job perfectly, but in most cases a honed tile will have to be covered with a sealer and any slight imperfections in the tile will be covered over. To obtain the most natural effect and to display the full beauty of our Carrara stone it is important to mix the entire quantity of tiling for each area. If there are several pallets of stone it is preferable to open them all and take tiles randomly from all the pallets. This will result in a harmonious blend of colors and will avoid concentrations of lighter or darker tiles. Any tiles that have suffered small chips or minor damage during transport and unpacking can be set aside for perimeter cuts.
Remember buy a samples before you order, buy 1SF or even better buy 5% of the size of the job you are going to do - it will cost you a few extra dollars but at least there will be no misunderstandings and no mistakes.
INDEMNIFICATION You agree to indemnify, defend and hold harmless The Builder Depot and its agents, officers, directors, employees, consultants, and representatives from and against any loss, liability, cause of action, claim, demand, damages, costs or expenses including without limitation reasonable or otherwise legal, accounting and other professional fees, brought by or on your behalf in excess of the liability described herein or by third parties arising from or in connection with your use or any other entity or individual's use of this Site, including but not limited to any violation by you of the Terms & Conditions. Builder Depot reserves the right, to assume the exclusive defense and control of any matter, subject to you indemnification, which shall not excuse your obligatory indemnity of The Builder Depot.