orijin stone, llc terms & conditionsThese Terms & Conditions apply to all purchases made through ORIJIN STONE. LLC, including purchases made through the ORIJIN FINDS brand and website. Throughout these Terms & Conditions, ORIJIN STONE, LLC may be referred to as “ORIJIN STONE,” “ORIJIN FINDS.” “ORIJIN”, “we,” “our,” or “us”.
PAYMENT DUE: All items must be paid for in full before they can be held, reserved, released, or scheduled for delivery. All sales are final. Unless ORIJIN management approves otherwise in writing, all orders must be picked up or have delivery arrangements finalized within seven (7) business days of purchase. ORIJIN reserves the right to cancel any order that remains unclaimed after seven (7) business days. In such cases, ORIJIN may deduct a restocking fee equal to fifty percent (50%) of the purchase price from any refund issued.
INVENTORY AVAILABILITY: Because ORIJIN FINDS products are often one-of-a-kind, discontinued, clearance, or limited-quantity items, availability is not guaranteed until payment has been received and processed. ORIJIN reserves the right to cancel any order and issue a refund if a product becomes unavailable due to a prior sale, inventory discrepancies, or damage discovered before pickup or delivery.
RETURN POLICY: Products offered through ORIJIN FINDS are typically overstock, closeout, discontinued, returned, clearance inventory, one-of-a-kind materials, or other specially discounted products. Due to the unique nature of these items, quantities may be limited, and unless otherwise stated in writing, all ORIJIN FINDS sales are final. All deeply discounted products are sold as-is and not eligible for return, exchange, refund, or credit.
Customers are encouraged to inspect products prior to purchase. Variations in color, texture, finish, size, weathering, packaging condition, and appearance are expected and do not constitute defects.
SALES TAX: Sales tax will be charged on all applicable purchases unless a valid sales tax exemption certificate is supplied to ORIJIN.
PRODUCT IMAGES: Product images included within our website and/or marketing materials are intended to provide a general representation of the products being offered. We highly recommend that you see our products in person before purchasing them, as photographs should not be the basis for your final stone purchasing decision. Natural stone products inherently lack uniformity and are subject to variations in aesthetics, color, shade, finish, tint, hardness, strength resistance, density, etc. All images are provided with the understanding that variations are inherent in the nature of the product and are not defects.
CLEARANCE MATERIALS: Products sold through ORIJIN FINDS may include aged inventory, discontinued products, returned materials, overstock items, display materials, or products with cosmetic imperfections. Unless otherwise stated in writing, all products are sold AS IS, WHERE IS, WITH ALL FAULTS.
ORDER COVERAGE: ORIJIN may provide you with estimates of square foot coverage of products per ton or per pallet; any such estimates provided are for estimating purposes only and are not a guarantee of coverage. ORIJIN is not responsible for any damages arising out of inaccurate coverage estimates.
BUYER RESPONSIBILITY: Buyer is solely responsible for verifying quantities, measurements, dimensions, and suitability of materials prior to purchase. ORIJIN is not responsible for shortages, overages, installation costs, labor costs, or project delays resulting from material selection or quantity estimates.
DELIVERY: ORIJIN will seek direction from Buyer regarding placement of any delivery orders. In the absence of such direction, delivery will be made at the project site or other place of delivery adjacent to the closest public right of way. Buyer agrees to hold ORIJIN harmless from any damage incurred during delivery of materials and further agrees to indemnify and defend ORIJIN from any lawsuits or other disputes that arise relating to ORIJIN products or deliveries.
NATURAL STONE DISCLAIMER: By purchasing products from ORIJIN, you acknowledge that the products supplied are natural stone formed within the earth, and that different types of stone, as well as individual stones within any given type may have characteristics that vary including but not limited to texture, color, thickness, density, durability, or fitness for a particular use or purpose. Individual stones may chip, peel, flake, bleed, stain, spall, oxidize, or otherwise deteriorate over time. These factors should be taken into consideration when choosing a type of stone and determining how to use it within any project. The buyer acknowledges that ORIJIN has no control over Buyer’s selection and use of any stone, and that exposure to weather, heat sources, installation techniques or preservative measures used by Buyer or installer all may affect the long-term performance and durability of any stone. Buyer acknowledges that natural stone and related materials are construction products that require proper handling, installation, and ongoing maintenance practices, and that appearance, performance, and durability may vary based upon installation methods, site conditions, and environmental exposure.
DESIGN, INSTALLATION, MAINTENANCE: ORIJIN does not provide design, installation, or maintenance services. Each customer shall determine the suitability of products for their intended use and each customer shall assume all risk and liability whatsoever in connection therewith. We recommend that dry-laid stones be laid on clean aggregate (no fines) and not on sand. Stones laid over a heated substrate or near a direct heat source may be subject to cracking or other deterioration. Outdoor installations should include proper slope for drainage and adequate joint allowance between stones (at least 3/16″) to reduce the potential for cracking and other problems associated with thermal expansion/contraction. Immediate cleanup of spills or spatter is recommended to reduce the risk of staining from liquids or grease. To avoid irreversible damage, we recommend that ice and snow melting products and chemicals, cleaners containing acid, and other types of chemicals not be used near natural stone. Depending on the type of stone ordered, ORIJIN may recommend a stone sealer or cleaner to assist with durability and maintenance. Sealers and cleaners should only be used when and as recommended by ORIJIN and must be applied by a professional.
DISCLAIMER AND LIMITATION OF LIABILITY: ORIJIN MAKES NO EXPRESS OR IMPLIED WARRANTIES, AND SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. ORIJIN WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY OBLIGATIONS RELATED TO THE PURCHASE OF OUR PRODUCTS, INCLUDING BUT NOT LIMITED TO BREACH OF CONTRACT OR WARRANTY, NEGLIGENCE, OR ANY OTHER CLAIM IN TORT. IN NO EVENT SHALL ORIJIN BE LIABLE FOR INCIDENTAL, COMPENSATORY, PUNITIVE, CONSEQUENTIAL, INDIRECT, SPECIAL, OR OTHER DAMAGES. NOTWITHSTANDING ANYTHING IN THIS AGREEMENT OR A WORK ORDER TO THE CONTRARY, THE PARTIES AGREE THAT ORIJIN’S LIABILITY TO YOU FOR ANY CLAIM PERMITTED UNDER THIS AGREEMENT SHALL NOT EXCEED THE AMOUNT PAID BY YOU TO ORIJIN UNDER THE WORK ORDER(S) FROM WHICH SUCH CLAIMS MAY ARISE.
WAIVER AND INDEMNIFICATION: BY ACCEPTING ORIJIN PRODUCTS, YOU AGREE TO WAIVE ANY CLAIMS WHICH MAY ARISE REGARDING PRODUCT PERFORMANCE AND AGREE TO INDEMNIFY, DEFEND, AND HOLD HARMLESS ORIJIN IN THE CASE OF THIRD-PARTY DISPUTES WHICH MAY ARISE RELATING TO PRODUCTS YOU PURCHASE. ORIJIN IS NOT RESPONSIBLE FOR ANY PRODUCTS OR DAMAGE TO PRODUCTS ONCE SUCH PRODUCTS HAVE BEEN DELIVERED TO A JOB SITE OR PICKED UP BY YOU OR YOUR AGENT. ORIJIN IS NOT RESPONSIBLE FOR ANY DELAYS IN DELIVERY OR ANY COSTS YOU INCUR AS A RESULT OF ANY DELAYS. BY AGREEING TO HAVE YOUR VEHICLE OR TRAILER LOADED BY ORIJIN, YOU AGREE TO WAIVE LIABILITY FOR ANY DAMAGE CAUSED BY ORIJIN DURING THE LOADING PROCESS.
Pre-Lien Notice: (a) Any person or company supplying labor or materials for this improvement to your property may file a lien against your property if that person or company is not paid for the contributions.
(b) Under Minnesota law, you have the right to pay persons who supplied labor or materials for this improvement directly and deduct this amount from our contract price, or withhold the amounts due to them from us until 120 days after completion of the improvement unless we give you a lien waiver signed by persons who supplied any labor or material for the improvement and who gave you timely notice.
Force Majeure: Notwithstanding anything to the contrary contained herein, ORIJIN shall not be liable for any delays or failures in performance resulting from acts beyond its reasonable control including, without limitation, acts of God, acts of war or terrorism, shortage of supply, interruptions or malfunction of computer facilities or equipment, labor difficulties, epidemic or pandemic outbreaks, executive orders of the national or state government, or civil unrest. Notwithstanding the foregoing, in the event of such an occurrence, ORIJIN agrees to make a good faith effort to perform its obligations hereunder.
Dispute Resolution, Jurisdiction, Venue: The parties will make good faith efforts to voluntarily resolve disputes that may arise. In the event that a dispute cannot be resolved voluntarily, the parties agree that jurisdiction and venue shall be proper in the state and federal courts located in the State of Minnesota, County of Hennepin.
ORIJIN FINDS is a division of ORIJIN STONE, LLC.