TERMS AND CONDITIONS OF SALE

DEINITIONS:

Compas: Compas means COMPAS ARCHITECTURAL STONE INTERNATIONAL, INC.

Purchaser: Purchaser means the person or entity, by and through its authorized agent or representative, who orders Compas goods or services or both or who is responsible for payment of the Compas Invoice or purchase order or both.

TERMS OF PAYMENT:

50% Down Payment: All orders require a 50 % down payment before processing the order will be initiated.

Payment in Full: Payment in full is required by no later than 15 days after notification by Compas that the shipment has arrived at the Compas warehouse or agreed to delivery point.

Finance Charge: A finance charge and warehousing fees will be incurred and added to the outstanding bill, unless timely arrangement has been made with Compas management.

Convenience Fees: Compas will charge a Convenience Fee of 3% of the total amount of the sale when the Purchaser uses one of the accepted credit cards. Please see USE OF CREDIT CARDS below for more details. The Purchaser has the opportunity to decline this transaction.

Split Tender: Compas may, in its sole discretion, authorize a split-tender (accepting multiple payment forms such as cash, check and credit card) for purchase of its goods and services at its sole discretion.

Partial Authorization: Compas may, in its sole discretion, authorize a portion of a sale to guarantee a portion of the purchase amount upon approval of the customer.

Payment by Another: Payment received from anyone other than the Purchaser (Purchaser includes the person or entity placing the order as well as the agent or authorized representative of the Purchaser) does not relieve the Purchaser from compliance with all the TERMS AND CONDITIONS OF SALE.

Title: The Purchaser will have sole title of the product upon payment in full. Any change in title thereafter will require the Purchaser to execute and sign a written change in title authorization that is acceptable to Compas.                                                                                                           

Change of Purchaser: Any change of the Purchaser requires any new or subsequent Purchaser to fully comply with all TERMS AND CONDITIONS OF SALE.

Late Payment:  Failure to pay in full when due and owed in accordance with the TERMS AND CONDITIONS OF SALE, will result in the accrual of interest on the outstanding balance at the lesser of 1.5% per month or the amount permitted by law and any other related fees.

Good Faith Resolution of Disputed Payment: Before the customer seeks to withhold, stop or refuse any payment, the Purchaser must make good faith settlement efforts both on the telephone and in writing directly with Compas management to resolve any dispute.

MECHANICS LIEN

Lien:   Compas will provide a supplier release upon request, after Payment in Full.

USE OF CREDIT CARDS:

Accepted Credit Cards: Compas only accepts Visa or American Express credit cards. No other credit cards are accepted. A convenience fee will be charged. Please see TERMS OF PAYMENT, Convenience Fees above.

In-store or card-present: In-store or card-present purchases may require the cardholder to be present and to provide appropriate identity with a current picture ID and disclosure of the security code identification number and date of termination.

Not-in-store or card-not-present: Not-in-store or card-not-present purchases requires the Compas Credit Card Authorization Agreement or its equivalent to be completely filled out and signed by the named card holder. Further picture ID and other credit disclosures may also be required.

Business Credit Card: Use of a business credit card is to be signed by an authorized signer.

Responsible Person: The named cardholder remains responsible for payment of all charges.

Refunds: When processing credit card refunds Compas only allows in-store credit.

USE OF DEBIT CARDS: Compas does not accept debit cards for any purchase in any amount.

USE OF CASH/WIRE TRANSFER/CHECK: Compas conducts business in US Dollars when paid in cash, wire transfer or check for payment of all purchases in any amount.  A fee will be charged for any stopped or delayed wire transfer or any returned, held, NSF or cancelled check equal to the amount of any and all bank charges plus 10%.

RETURNS AND CANCELATION:                                                                                                                       

Custom or made-to-order : No returns will be accepted. These orders are non-cancelable and non-refundable.

Non-Stock orders: No returns are accepted on non-stock orders. For all orders which have been initiated, if canceled, are subject to 30% forfeiture fee.

Stock orders (after shipment): Any returns if accepted are subject to 30% restocking fee, plus freight from the shipping location to Compas warehouse location. Materials must be returned in its original condition.

Stock orders (prior to shipment to Purchaser): If full payment has been made within 60 days of the initial date, the order is subject to cancellation and a 30% forfeiture fee. Merchandise not shipped within 30 days of initial availability date is subject to warehouse charge. Storage requires prior approval of Compas. All stock items must be paid in full at the time of the purchase.

WARRANTY: All Compas Architectural Brand Products are covered by a One Year Limited Warranty unless otherwise noted. For Brands other than Compas, the manufacturer’s written warranty applies.

Discretion to Repair or Replace: Compas will, at its sole discretion, repair, or replace the product or make appropriate adjustments where Compas inspection discloses any such defects in normal usage within one year after delivery.

No Indirect or Direct Costs: Compas, is not liable for any indirect or direct costs associated with the repair or replacement of the product including removal, installation or reinstallation of the product.

Inspection: All tile, stone and plumbing products should be inspected by the Purchaser or authorized agent prior to installation. Any defects must be reported to Compas at that time. Installation constitutes acceptance of the product as if inspected and accepted by Purchaser.

No Warranty: The Warranty does not cover the following: (1) products sold “As Is” such as antique reclaimed material, (2) natural conditions including variation in color, shade, flow, grain, tonality, crazing, scratching, veining and texture, (3) crazing, scratching or wear due to improper installation, including improper alteration of the surface with sealer or grout, falling objects, abuse, misuse, exposure to extreme temperatures, using improper chemicals or compounds, non-foot traffic wear or other similar incidents.

Voiding Warranty: The Warranty is void if the product  has been tampered with or modified in any way, installed before notifying Compas, not available for inspection by Compas, or in violation of all applicable laws including failing to have all appropriate licenses.

LIABILITY:                                                                                                                                                   

Delay: Compas provides only estimated delivery schedules. Typically, delivery will be made eight weeks from order and deposit cannot guarantee a specific arrival date but is not liable for any delay or failure to deliver, plus or minus.

Limitations: Compas is not responsible for delay or duct: (1) due to labor difficulties such as strikes, lockouts, or slow-downs,(2) due to problems with Compas’ supplier, (3) due to regulatory compliance, traffic, accidents, blockage, fires, acts of God or any other cause of the like beyond Compas’  control, (4) legal process or suit, or (5) construction or installation problems including failing to comply with all required licensure and code requirements.

Shipping or Storage: Compas is not liable for any damage caused by shipment or while in storage.

Limitation: Compas is only liable for the costs of manufacture of the product and is not liable for any other costs or fees including design, delivery, construction, installation or maintenance.

DAMAGE CLAIMS:

Delivery: Complete upon receipt FOB, the shipment should be carefully inspected for product ordered, damage, defect, quantity, quality and color.

Process: Immediately notify Compas of the issue and provide Compas with access to and inspection of the build site and product. Submit any claim in writing with a detailed written explanation of all facts and attach copies of all support for damage claimed.

DISCLAIMER:

Usage or Application: Compas is not responsible for usage or application of any product whether deemed appropriate or not.

Plumbing Fixtures: All plumbing fixtures, fittings and accessories, receive an oil or  “live finish” that will oxidize through use and exposure, over time. Color variations and possible imperfections should be expected.

Natural Stone: The stone is quarried from natural rock formations that may result in extreme variations in color, pattern, hue, veining and surface texture.  Significant variation may also occur between slabs cut from the same stone block.

Tile: Handmade or antique tiles may vary in width, thickness, absorption, color, surface and finish.

Prop 65 (Health & Safety Code sections 25249.6, 25249.10 (c), 25249.11 (f):  The Warning will be provided for any product requiring such notice.

CALGreen: Compliance with indoor water use restrictions.

APPLICABLE L.AW: 

Law: State of California

Venue:          State of California

Attorney fees and Costs: Reasonable attorney fees and costs may be awarded the prevailing party in any claim, suit or the like arising out of the interpretation or enforcement of the TERMS AND CONDITIONS OF SALE, or both.                                                                            

AMENDMENTS: The TERMS AND CONDITIONS OF SALE maybe be amended or changed at any time by Compas and become effective immediately.

CONTACT
If you have concerns or would like further information please feel free to contact us at customerservice@compas.com.

 

Revised and effective: May 7, 2019

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