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STANDARD TERMS AND CONDITIONS OF SALE

    1. Acceptance of Terms

    These Terms & Conditions govern all sales of stone slabs and related products by La Materia ("Company," "we," "us") to the customer ("Client," "you"). By placing an order, you agree to these terms. Any terms proposed by the Client that conflict with these are rejected unless agreed to in writing signed by the Company.

    2. Pricing and Payment Terms

    All prices are quoted in U.S. Dollars and are based on square footage, material, and finish as specified on the invoice. Unless otherwise agreed in writing:

      • A 50% deposit is due at the time of order confirmation. Material will not be cut, reserved, or scheduled for delivery until the deposit is received.
      • The remaining 50% balance is due at or before delivery. The Company reserves the right to withhold delivery until the balance is paid in full.
      • Accepted payment methods include credit/debit card, ACH bank transfer, and wire transfer, as made available on your invoice.
      • Late payments not covered by the above schedule may accrue interest at the rate of 1.5% per month (or the maximum permitted by Florida law, if lower) on the outstanding balance.

    2. 3. Dishonored Checks

    If a check is dishonored by the Client's bank for any reason, including insufficient funds, the Client agrees to pay the Company the full amount of the check, plus any bank fees, collection costs, and reasonable attorneys' fees incurred as a result, to the extent permitted under Florida law (including Fla. Stat. §68.065).

    4. Natural Material Variation & Characteristics

    Natural stone is a product of nature. Color, veining, pattern, and texture will vary from slab to slab, and from any sample, photograph, or digital rendering previously viewed. Such variation is inherent to natural stone and is not considered a defect. Where possible, we encourage clients to view and approve their specific slab(s) prior to fabrication or delivery.

    Natural stone is also inherently susceptible to breakage, chipping, cracking, staining, and etching (surface dulling caused by contact with acidic substances such as citrus, vinegar, or certain cleaning products) due to its natural composition and porosity — this is a normal characteristic of the material, not a manufacturing or material defect. The Client is responsible for appropriate handling, sealing, care, and maintenance of the material once it is in the Client's possession. The Company is not responsible for breakage, staining, etching, or any other damage occurring after the material has been handed off to the Client (or the Client's carrier, installer, or representative) at delivery or pickup.

    5. Order Changes & Cancellation

    We understand plans can change. Orders may be cancelled free of charge, with a full refund of any deposit paid, within 24 hours of order confirmation.

    After 24 hours, your order moves into production — material is reserved, and may be cut, specifically for your order — so cancellations and returns are considered on a case-by-case basis and require the Company's approval. Approved returns are uncommon, since material has typically already been selected, reserved, or fabricated for your order. Where a return is approved, a 10% restocking fee (based on the purchase price) applies, in addition to any delivery or fabrication costs already incurred.

    6. Delivery & Risk of Loss

    Delivery is provided within our South Florida service area as agreed at the time of order. The Company delivers material to the specified address only and does not unload or offload the material. The Client is solely responsible for receiving, unloading, and offloading the material from the delivery vehicle, and for providing sufficient personnel and equipment to do so safely at the time of delivery.

    Risk of loss or damage to the material transfers to the Client upon the material's arrival at the specified delivery address. The Client (or an authorized representative) must be present to receive and inspect the material at the time of delivery. If no one is available to receive and unload the material, the delivery may be treated as attempted delivery, and any redelivery will be charged at the same rate as the original delivery fee.

    7. Storage & Uncollected Material

    If your order is ready and the Client does not arrange pickup or delivery within 10 business days of notice, a storage fee of $0.50 per square foot per day (or $25.00 per day, whichever is greater) will apply until the material is collected.

    If material remains uncollected 90 days after notice that it is ready, the Company reserves the right to resell the material and apply the proceeds toward storage fees, delivery charges, and any outstanding balance on the order. Any remaining balance after resale is still the Client's responsibility; any surplus, less a reasonable handling charge, will be returned to the Client.

    8. Claims for Damage or Defects

    Any claim for visible damage, breakage, or shortage must be noted on the delivery receipt and reported to the Company within 24 hours of delivery. Claims for concealed defects not reasonably discoverable at delivery must be reported within 3 days of delivery. Claims made after these periods may not be honored.

    9. Title / Retention of Ownership

    Title to the material remains with the Company until payment has been received in full. In the event of non-payment, the Company reserves the right to repossess undelivered or unpaid material to the extent permitted by law.

    10. Warranty Disclaimer & Limitation of Liability

    All material is sold and delivered "AS IS" and "WITH ALL FAULTS." THE COMPANY MAKES NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, ALL OF WHICH ARE HEREBY DISCLAIMED. Samples provided by the Company, if any, are for general reference only and do not form the basis of any warranty or claim.

    THE COMPANY WILL NOT BE RESPONSIBLE FOR ANY SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES. To the fullest extent permitted by law, any claim against the Company is limited to the replacement value of the specific material giving rise to the claim, and only where such material is found to be defective. The Company makes no recommendation as to any installer, and the Client shall look solely to such installer for any damage resulting from installation.

    11. Indemnification

    The Client agrees to indemnify and hold the Company harmless from and against any claim, loss, damage, injury, or expense (including reasonable attorneys' fees and costs) arising from or related to the Client's, or the Client's agents', contractors', or employees', negligent, intentional, or wrongful acts or omissions in connection with the material after it has been delivered.

    12. Force Majeure

    The Company is not liable for delays or failure to perform due to causes beyond its reasonable control, including but not limited to weather, transportation disruptions, supplier delays, or other events of force majeure.

    13. Governing Law & Venue

    These terms are governed by the laws of the State of Florida, including the Uniform Commercial Code as adopted in Florida, without regard to conflict-of-law principles. Venue for any dispute arising under these terms shall be in the state or federal courts located in Miami-Dade County, Florida. To the extent permitted by law, each party waives its right to a jury trial of any claim or cause of action arising under these terms.

    14. Contact

    Questions regarding these terms, an invoice, or an order may be directed to info@lamateria.com