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    Jacksonville Warehouse
    11497 Columbia Park Drive West #10
    Jacksonville, FL 32258
    Phone 904.296.7777

    Corporate Mailing Address
    2120 Romeo Point Lane
    Fleming Island, FL 32003
    Phone 904.296.7777





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Conditions of Sale

 
1. All handwritten and printed information contained on the front and back of this document form the complete Agreement, and there are no representations, warranties or conditions, expressed or implied, affecting this Agreement other than as expressed herein. This Agreement may be amended only in a writing signed by both parties.

2. Unless specifically noted otherwise, prices are F.O.B. Enhance plant and do not include applicable federal, state and other taxes, all of which remain Customer's responsibility. Freight charges listed are estimates, and Enhance will pass onto Customer whatever freight charges actually apply at the time of shipment.

3. This Agreement shall be governed by the laws of the State of Florida and any dispute shall be tried only in the Court of competent jurisdiction in Duval County, Florida. The Customer hereby waives the right to trial by jury.

4. No product may be returned for refund, credit or otherwise without Enhance's prior written consent. Enhance, at its sole and exclusive discretion, may authorize refunds of the purchase price (excluding freight) less a restocking fee equal to forty percent (40 %) of the purchase price for unopened, undamaged cubes or packages of standard items; and customer pays return freight.

5.Proper installation is important to the overall appearance of an interlocking concrete paver project. To avoid the appearance of large color variations, pavers must be installed randomly from several cubes at a time, working vertically through the cube instead of layer to layer. This will assure subtle blending of color variations between cubes.

6. Unless otherwise specified, on orders of non stock shapes and/or colors, Customer agrees to take delivery on total quantity ordered, with last delivery being within four months of initial order date. (Date Customer signs prior page is the \"initial order date.')

7. The parties will establish a mutually agreeable delivery schedule for the products ordered. Enhance regular business hours are Monday through Friday, 7:30AM to 4:30PM. An extra charge shall be assessed by Enhance for deliveries made on weekends, holidays or otherwise outside of Enhance's regular business hours. Instruction to start shipments must be given by Customer within one month of initial order and must permit completion of shipments within four months of initial order unless specially agreed otherwise in writing by Enhance. Shipments after four months from date of initial order are subject to percentage increases in price in accordance with percentage increases in Enhance's official price list (if any) that have occurred since the initial order date.

8.Customer shall be deemed to have accepted all products delivered unless Customer rejects such products in a writing delivered to Enhance within five (5) days after delivery. Rejected products shall be made available for inspection, if so requested by Enhance, before Customer may be entitled to any adjustment or credit.

9. If, upon delivery to the site specified by Customer, there is no employee of Customer authorized to accept delivery and sign a delivery document evidencing delivery of products under this Agreement, then Enhance may deposit the products at the site without obtaining a signed receipt therefor, and Customer agrees to be liable for payment of this invoice as if it were signed by an authorized employee of Customer.

10. The trucks (semi, flatbed, dump, and etc.) used for delivery are not equipped to enter sites that are not accessible by properly paved roads. All deliveries are made to curb line. Any deliveries made past the curb line are the complete responsibility and risk of Customer. Any resulting damages shall be Customer's responsibility, and Customer shall indemnify Enhance for same. Additional fees at Enhance 's then standard rate, if the total waiting and unloading time exceeds one hour.

11. If delivery on wooden pallets is required by Customer, Customer will be charged for any damaged or unreturned pallets. Upon each delivery under this Agreement, Customer shall make all empty pallets available for Enhance to pick up at the delivery site, and Customer shall be responsible for all costs of returning any remaining pallets that are not available for pick up at the time of Enhance's last delivery under this Agreement.

12. Payment terms on all accounts are net 30. All accounts will require a credit card on file. If after 30 days, payment is not received, the credit card on file will accrue and additional 3 % surcharge. If the credit card on file is declined, the account will immediately be placed on credit hold, and a Notice to Owners will be issued.

13. Risk of loss passes to Customer upon delivery, but all products remain the property of Enhance until final payment has been received.

14. All non account orders are to be paid by cash, certified check, approved credit card, or approved personal/business check and shall be paid in full prior to shipment of product by Enhance. All payments due Enhance from Customer are to be paid to Enhance at its place of business.

15.Enhance shall not be responsible for failure to make delivery when prevented by strikes or other labor troubles, by accidents, necessary repairs to equipment, by fire, floods, or adverse weather conditions, by inability to procure transportation, electric power, fuel or other operating materials for machinery, by government regulations, requirements or orders, by acts of public enemies, mobs or rioters, by acts of God, or by any cause or act beyond Enhance's control. Enhance reserves the right to refuse to make delivery when it believes delivery unsafe or impractical.

16. Late Fees: We will have the right to charge you a monthly late fee equal to 5% of any outstanding balance that remains unpaid for one billing cycle to help defray our administrative costs associated with handling and collecting your delinquent account. We will not impose a late fee for the applicable billing cycle if we have received a payment during the billing cycle of at least twenty percent (20%) of the past due balance. Late fees will not exceed the maximum allowed by applicable law.

17. Any returned checks due to NSF (non-sufficient funds) will incur a $35 fee per check. All returned checks and associated fees must be paid in full within two weeks of the NSF date stamp on backside of check. If full payment not received within two weeks, we have the right to charges a monthly late fee equal to 5% of the delinquent balance

18. Products sold under this Agreement are manufactured in accordance with American Society for Testing and Materials (\"ASTM\") and American Association of State Highway and Transportation Officials (\"AASHTO\") specifications for concrete products, as applicable. Sampling and testing shall be in accordance with such applicable standards. Any charges incident to additional inspection or tests made by or on behalf of Customer to determine compliance with specification(s) shall be paid by Customer.

19. On default by Customer of any of the provisions of this Agreement, in addition to and without limiting its other rights and remedies, Enhance may select one or more of the following options: (i) refuse to perform further under this and any other existing agreement between the parties; (ii) rescind any agreements between the parties and hold Customer liable for all damages and losses occasioned thereby; or (iii) resell, at a public or private sale (as elected Enhance), such undelivered products covered by this and any other existing agreement between the parties as Enhance may elect. Enhance shall not be liable to Customer for any excess revenues realized on any resale, but Customer shall remain liable to Enhance for any amount by which the resale price of the products is less than the sum of: the Agreement price of the products, all expenses and charges for account of Customer specified in this Agreement, and all expenses of storage and resale.

20.Original stone sizes are of metric size and design. All dimensions and weights are nominal and will vary within accepted standards for concrete products. Coverage quantities vary from shape to shape and are calculated on mold manufacturer's blueprints with an allowance for sand joints of 3mm. All U.S. measurements are soft converted from metric calculations.

21. No waiver of rights shall be implied by Enhance failure to exercise any given right in one or more particular instances. Enhance remedies under this Agreement are cumulative, and the election of one or more remedies shall not constitute a waiver of any other available remedy.

22. The invalidity or unenforceability of any provision of this Agreement shall not affect the validity or enforceability of any other provision of this Agreement, and each provision of this Agreement shall be severable and enforceable to the extent permitted by law.

23. ENHANCE MUST BE GIVEN WRITTEN NOTICE, IDENTIFYING THE DEFECTIVE GOODS AND SPECIFYING THE DEFECT WITHIN FIVE (5) DAYS AFTER RECEIPT OF THE GOODS BY CUSTOMER. ENHANCE MUST ALSO BE GIVEN THE OPPORTUNITY TO INSPECT THE ALLEGEDLY DEFECTIVE GOODS AND, IF REQUESTED BY ENHANCE, THE ALLEGEDLY DEFECTIVE GOODS MUST BE RETURNED TO ENHANCE. FAILURE TO GIVE THE REQUIRED NOTICE WITHIN THE TIME PROVIDED OR FAILURE TO RETURN AN ALLEGEDLY DEFECTIVE GOOD TO ENHANCE FOLLOWING ENHANCE' REQUEST, CONSTITUTES A WAIVER OF A CLAIM FOR CREDIT OR REPLACEMENT.

24. Warning. Sawing or grinding of concrete products may result in the release of dust particles which can cause minor eye or nose irritation. The use of a respirator and safety goggles is recommended if sawing or grinding.

25. It is the sole responsibility of the customer to follow any and all instructions, terms and conditions, and/or any other information provided by the manufacturer of the product purchased from Enhance. Enhance will not be liable in any way for misapplication of any product purchased from Enhance. All manufacturers specification sheets and/or other MSDS sheets will be administered to the customer upon written request.

26. All controversies and claims between you and Enhance, directly or indirectly, arising out of or relating to this agreement or this transaction will be determined by non-jury trial. You and Enhance, jointly and severally, knowingly, voluntarily and intentionally waive any and all rights to a trial by jury in any litigation, action or proceeding involving you and Enhance whether arising directly or indirectly from this Agreement or this transaction or relating thereto. You and Enhance shall be liable for your own costs and attorney’s fees arising from said controversies or claims.

 
 
 
 
 
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