TERMS and CONDITIONS

  1. Aalto Inc. (“Aalto” or “Seller”) provides information concerning its products, terms of sale, installation procedures and maintenance practices to assist its clients in making selection, usage, installation and maintenance decisions, to maximize their enjoyment of its products, and inform the client of terms and conditions which are part of the sales’ consideration. It is the responsibility of the client and/or the client’s installer to blend the product to the owner/client’s satisfaction. Client’s selection and usage of Aalto’s products and the installation procedure and maintenance practice employed by each client are outside the direction and control of Aalto and are strictly subject to these conditions of sale and solely the choice and responsibility of each client.
  2. COPYRIGHT: The custom water-jet cut stone inlay described in section 1 and 2 is an original work of art commissioned by you. Aalto retains all rights, title and interest to the copyrights and intellectual property rights vested in the work, either now existing or existing in the future, including, but not limited to, the right to distribute, publish, or create derivatives thereof.
  3. AALTO MAKES NO WARRANTY, EXPRESS OR IMPLIED, FOR ANY PRODUCT FOR ANY SPECIFIC USE, INSTALLATION PROCEDURE OR MAINTENANCE PRACTICE. IN ADDITION, AALTO WAIVES ANY AND ALL IMPLIED WARRANTIES OF MECHANTABILITY AND/OR FITNESS FOR A PARTICULAR PURPOSE FOR THE PRODUCT. UPON INSTALLING THE PRODUCT THE BUYER WAIVES ALL CLAIMS RELATING TO THE PRODUCT. AALTO SHALL NOT BE LIABLE FOR ANY DAMAGES ARISING FROM THE USE, POSSESSION OR MAINTENANCE OF ANY PRODUCT BY ANY PERSON. ALL CLAIMS ARISING FROM THIS TRANSACTION OR THE PRODUCTS PROVIDED SHALL BE LIMITED TO THE REPLACEMENT VALUE OF THE PRODUCT(S) VIA ACCOUNT CREDIT.
  4. Prices. Aalto reserves the right to change its prices, terms and conditions of sale without notice. All prices are ExWorks Aalto’s warehouse, without insurance unless otherwise quoted. Title shall transfer with risk of loss.
  5. Sales are made on a cash basis only.
  6. Limitations of Actions. THE PARTIES AGREE AN ACTION FOR BREACH OF CONTRACT MUST BE COMMENCED WITHIN ONE YEAR AFTER INVOICE DATE OF THE PRODUCTS GIVING RISE TO THE CLAIM.
  7. Natural Stone Products. Stone is a product of nature and no two pieces of stone are exactly alike. Every piece of stone has unique natural variations, markings, shadings, and inclusions which can include fissures, pits, open or dry seams, fossils or glass veins and differ in regard to moisture absorption, surface finish, texture and coefficient of friction. These are not defects but rather inherent characteristics of stone products, which may require periodic maintenance to maintain the products integrity. All stone tiles and products should be sealed with a penetrating sealer prior to grouting to prevent the grout from staining the stone. It is further recommended that these stone be resealed as part of normal maintenance procedures.
  8. Vapor/Moisture Barrier Disclaimer. When stone products are installed on a concrete slab at ground level, it is the responsibility of the customer and the customer’s installer to ensure that the slab is dry and fully cured and that a proper vapor moisture barrier is in place between the concrete slab and the stone product prior to installation. All shower floor substrates and twelve inches up the adjacent perimeter walls must have a waterproof membrane on the top surface of the fully cured mortar bed prior to tiling. Any defect arising from or connected to installation is the sole liability and responsibility of the installer. Aalto does not warrant, recommend, nor endorse any installers.
  9. Electronic Notice; Delays; Inspection Requirement. Buyer agrees to receive all notices, invoices, and other communications by electronic means, at the email address that has been provided by Buyer. Aalto is not responsible for delivery delays beyond its control. It is the responsibility of the customer, the customer’s representatives, general contractor, subcontractors, installer and any person responsible to the owner regarding the installation of the product or the finished product, to INSPECT each Aalto product upon delivery to the job site. All product should be checked in and INSPECTED immediately upon delivery.
  10. No returns are accepted by Aalto. In the event of product arriving broken photographs must be provided of all broken pieces, front and back, and arrangements will be made to send replacements.
  11. Force Majeure, Acts of third parties and God. Aalto shall have no liability or responsibility for any fees, costs, damages, losses or expenses caused in whole or in part by third parties or God including inter alia those arising or resulting from delays, unavailability or discontinuation of products, strikes, employee shortages, pandemics, quarantines, war, weather. If one of these (or more) occurs, Aalto shall endeavor to recommend alternative products with Buyer solely responsible for any increase in price.
  12. Severability. If any term or condition hereof is invalid, illegal or incapable of being enforced by any law, regulation, public policy, all other terms and conditions shall remain and be given full effect with the invalidated term substituted with a term or condition which maintains the intent of the parties.
  13. Waiver. The failure of Aalto to enforce any term or condition found herein shall not waive its right to enforce such term or condition nor shall such waiver be given continuing effect.
  14. Buyer agrees that any litigation that results from this contract shall be held exclusively in Jefferson County, Iowa.