DISCLAIMER

Legal Disclaimer and Terms of Sale (Quartz Material Supply)

Introduction

This Disclaimer and Terms of Sale page applies to all quartz surfacing materials sold by our company (the “Company”), located in Los Angeles, California. By purchasing, accepting delivery of, or using our quartz materials, you acknowledge and agree to the following terms and conditions. These provisions are intended to protect the Company from legal liability to the maximum extent permitted by law, while transparently informing customers and contractors of important safety warnings, product limitations, and responsibilities. If you do not agree with these terms, you should not purchase or use our materials. The Company reserves the right to update or modify this Disclaimer at any time, and continued use of our products or website constitutes acceptance of any changes.

No Installation Services Provided

Supply Only – No Installation: The Company is a material supplier of quartz slabs and related products only. We do not offer measurement, cutting, fabrication, installation, or any on-site services. Accordingly, the customer or their chosen contractor is solely responsible for all aspects of handling and installing the quartz materials. Any guidance we provide (whether verbal, written, or on our website) is general in nature and given for informational purposes. Such guidance does not constitute professional installation advice, and the Company assumes no liability for installation outcomes. Customers and contractors must rely on their own skill or hire qualified professional fabricators/installers for all installation work. The Company shall not be responsible for any errors, omissions, damage, or personal injuries arising out of the installation process, as these are outside the scope of our supply-only services.

Customer’s Duty to Inspect and Accept Materials

Inspection Upon Pickup/Delivery: The customer (or their agent/contractor) must inspect all quartz materials at the time of pickup or delivery. It is the customer’s responsibility to examine the slabs for any visible defects, correct color/pattern, dimensions, or other non-conformities before leaving the Company’s facility or upon delivery. Any issues (e.g. cracks, chips, scratches, or color discrepancies) must be noted immediately on the delivery receipt or reported to the Company within 24 hours of pickup/delivery. If no timely claim is made, the materials will be deemed accepted “as is” in their current condition. Once accepted, the risk of loss or damage passes to the customer. The Company will not be liable for any damage or defect discovered thereafter, except as outlined under any applicable warranty terms below.

Transportation and Handling: If the customer arranges their own transport or picks up materials, any damage in transit or improper handling is solely the customer’s responsibility. The Company will exercise due care in loading materials, but once the material is loaded and leaves our premises, all risk of transport is borne by the customer or carrier. For deliveries arranged through the Company, our responsibility for the material ceases upon drop-off at the shipping address or transfer to the third-party carrier, except to the extent damage is directly caused by our gross negligence in packaging. Customers should ensure that appropriate equipment and personnel are available to safely unload and handle heavy quartz slabs at the destination. The Company is not liable for injuries or property damage during unloading or handling by the customer or third parties.

Health & Safety Warnings (Silica Dust and Hazards)

Working with quartz materials (such as cutting, grinding, polishing, or otherwise modifying the slabs) can expose workers and bystanders to hazardous dust and particles. Quartz slabs are composed largely of crystalline silica. Cutting or drilling the material will generate silica dust – a fine respirable powder that is dangerous if inhaled. Prolonged or repeated inhalation of silica dust can cause silicosis, an incurable lung disease characterized by permanent lung scarring, breathing difficulty, and fatigue, and has been linked to lung cancer, kidney disease, and other serious illnesses cdph.ca.gov. Engineered quartz contains a high percentage of silica, making dry cutting especially hazardous cdph.ca.gov. You (the customer and any contractor or fabricator) assume full responsibility for safe handling and fabrication practices.

Safety Precautions: To protect health and comply with applicable regulations, anyone cutting or processing our quartz products must implement appropriate safety measures, including but not limited to:

• Dust Control: Use wet cutting methods and/or local vacuum dust collection tools to minimize airborne dust. OSHA and Cal/OSHA standards require that silica dust exposure be kept below permissible limits through engineering controls (e.g. saws with water feed, ventilation) cdph.ca.gov. Dry cutting, grinding, or blasting is strongly discouraged and may violate workplace safety laws.

• Protective Equipment: Wear suitable personal protective equipment at all times. This includes NIOSH-approved respirators (face masks) designed for silica dust, eye protection (safety goggles/face shields), and durable gloves. Disposable N95 respirators or higher-level respiratory protection should be used during any fabrication that generates dust. Ensure others in the area are also protected or safely removed from exposure.

• Work Area: Perform cutting/fabrication outdoors or in a well-ventilated workshop away from occupied indoor spaces. Isolate the work area to prevent dust migration. After fabrication, thoroughly clean equipment, clothing, and surfaces to remove dust (using wet cleanup methods or HEPA-filter vacuums; do not use compressed air or dry sweeping which can recirculate dust).

• Training and Compliance: If you are an employer or contractor, you are responsible for training your workers about silica hazards and complying with all applicable occupational safety regulations. Under Cal/OSHA rules, employers must monitor silica dust levels and provide medical evaluations and respirators when exposure may exceed regulated thresholds cdph.ca.gov. Ensure all personnel understand the risks and safe procedures.

• Medical Caution: Individuals with respiratory conditions should avoid exposure. Seek medical attention if you experience symptoms of silica exposure (e.g. coughing, shortness of breath) and refrain from further exposure.

California Proposition 65 Warning: This product can expose you to crystalline silica (airborne particles of respirable size), a chemical known to the State of California to cause cancer and birth defects or other reproductive harm siouxchief.com. Cutting, sanding, or drilling our quartz materials will release crystalline silica dust. Avoid inhaling dust and take steps to minimize exposure as described above. For more information on California’s Proposition 65 warnings related to silica, visit the official website at www.P65Warnings.ca.gov. By purchasing or using our quartz slabs, you acknowledge receiving this warning and assume responsibility for compliance with all safety and health precautions.

Environmental and Indoor Air Quality Notice

Ventilation and Indoor Air Quality: Fabricating or cutting quartz materials can affect both the environment and indoor air quality if dust or fumes are not properly controlled. Always ensure adequate ventilation and containment of dust to prevent dispersion into surrounding areas or HVAC systems. Silica dust can linger and settle on surfaces, potentially posing a risk if disturbed. Customers should clean up residual dust safely and dispose of waste in accordance with local regulations (silica dust waste may be considered hazardous in certain jurisdictions). The Company is not responsible for any environmental pollution, indoor air contamination, or related health effects arising from the misuse or improper handling of our materials. It is the user’s responsibility to mitigate these risks through safe work practices and environmental controls.

Disposal: Quartz scrap, dust, and waste should be disposed of in compliance with all local environmental regulations. Do not dispose of significant quantities of silica-containing waste in general trash or by uncontained dumping. The Company is not liable for any regulatory penalties or environmental harm resulting from improper disposal by customers or contractors.

Product Use and Care Limitations

Our quartz surfacing materials are intended for use in indoor settings (such as countertops, vanity tops, wall accents, etc.) and should be handled and maintained in accordance with standard stone surface care practices. Improper use, extreme conditions, or abuse of the product will void any applicable warranty and release the Company from liability. Customers and end-users must adhere to the following usage guidelines and acknowledge the inherent limitations of quartz materials:

• Heat and Thermal Exposure: Quartz slabs are heat-resistant to a point, but they are not heat-proof. Do not place hot pots, pans, or heat-emitting appliances directly on the quartz surface. Direct exposure to high temperatures (generally above ~150 °F / 65 °C) can scorch or crack the resin component of engineered quartz archcitygranite.com. For example, setting a red-hot pan on the countertop may cause a permanent discolored scorch ring or thermal shock crack archcitygranite.combaptistatile.com. Always use trivets or insulated hot pads under cookware, and avoid prolonged heat from appliances (slow cookers, toaster ovens, etc.) on the surface. Heat damage, thermal cracks, or burns are not covered by any warranty, and the Company assumes no responsibility for such damage.

• Chemical and Stain Damage: Avoid harsh chemicals and cleaners on your quartz surfaces. While quartz is generally stain-resistant and non-porous, the resins and pigments can be damaged or discolored by strong chemicals. Do not use highly acidic or alkaline cleaners, bleach, oven cleaners, paint strippers, oil soaps, varnish, nail polish remover, solvents (acetone, trichloroethylene, etc.), or any product containing methylene chloride or high concentrations of ammonia. Prolonged contact with inks, dyes, or penetrating liquids can also cause staining or etching. Only use pH-neutral cleaners or products recommended for quartz care. Any damage or discoloration due to chemical exposure, improper cleaners, or neglect (such as not wiping up spills promptly) is considered misuse and is not the Company’s responsibility pandorastones.com. Likewise, do not apply sealers or finishes not specifically intended for quartz, as they can react with the surface. Routine cleaning with mild soap and water or stone cleaner is sufficient; abrasive pads and powders should be avoided to prevent dulling the finish.

• Scratches, Chipping and Impact: Quartz surfaces are durable and scratch-resistant, but they are not scratch-proof or chip-proof. Never cut or chop directly on the quartz surface – always use a cutting board. Cutting directly on quartz will both damage your knives and risk scratching the countertop baptistatile.com. Avoid dragging heavy pots, appliances, or sharp objects across the surface; lift items instead of sliding them to prevent scratches or scuff marks baptistatile.com. Edge profiles and corners of slabs can be vulnerable to chipping if struck by hard objects. Take care not to drop heavy items (pots, tools, etc.) on the material. The Company is not liable for chips, scratches, or cracks caused by impacts or heavy loads, as these are not due to manufacturing defects. Furthermore, do not stand, sit, or climb on countertops or put excessive weight on them (e.g. someone standing on the counter to reach something high) – such misuse can lead to cracking or failure of the material or supporting cabinets. Any cracks or damage from excessive load, impact, or other abuse are expressly excluded from warranty coverage pandorastones.com.

• Support and Structural Requirements: Proper support must be provided for all quartz installations. Adhere to industry guidelines for cabinet/countertop support, span limits, and overhang support (e.g., install brackets for overhangs exceeding manufacturer recommendations). Quartz slabs can crack under structural stress, such as from insufficient support, substrate deflection, house framing movement, or settling of foundations. The Company is not responsible for damage caused by structural or substrate failures, vibration, or movement in the installed environment. Ensure that cabinets are level and fully support the slab, and use plywood underlayment if required. Any failure of the material due to inadequate support or building movement is outside the Company’s responsibility (these issues should be addressed by your contractor or builder).

• Outdoor Use and UV Exposure: Standard indoor-grade quartz is not designed for outdoor use or prolonged exposure to direct sunlight/UV radiation. Many quartz products will discolor or degrade under extended UV light exposure, potentially turning yellowish or fading over time caesarstone.cartaoutdoorliving.com. Outdoor environments can also subject the material to rapid temperature changes and weather extremes that the resin binders are not formulated to withstand granitedepotindy.com. Unless explicitly sold as an “outdoor-rated” quartz product, use of our materials in exterior applications (outdoor kitchens, barbecues, facades, etc.) is at the customer’s own risk and is not covered by any warranty baptistatile.com. If you do use quartz in a location with significant sunlight exposure (e.g. near a window or skylight), be aware of the potential for slight color changes over the years. Using UV-protective window films or shades can mitigate indoor UV effects. The Company shall not be liable for any fading, yellowing, or warping of materials due to UV exposure or outdoor conditions.

• Fire and High-Heat Areas: Do not use quartz slabs in high-heat environments such as fireplace interiors, fire pits, or around commercial ranges/grills unless the product is specifically approved for that purpose. Quartz is composed in part of polymer resins that can burn or deform at extreme temperatures. It is not fireproof and direct flame contact or intense heat can cause the material to crack or even combust. The Company will not install or supply quartz for fireplace fireboxes or similar extreme applications baptistatile.com, and we assume no liability for damages if the material is used in such a manner.

• Maintenance: Routine care is straightforward, and quartz surfaces do not generally require sealing. However, failure to properly maintain the product may result in damage not covered by warranty pandorastones.com. Wipe up spills promptly to prevent potential staining. Use non-abrasive cloths or sponges. Avoid leaving heavy, rough objects in one spot for a long time (which could dull the surface). Superficial issues like hard water spots or soap scum can usually be removed with proper cleaning; these are considered maintenance issues, not defects pandorastones.com. The Company is not responsible for minor conditions that could be resolved by normal cleaning or maintenance.

By following the above usage guidelines and precautions, you will maximize the longevity and appearance of your quartz surfaces. The customer assumes responsibility for using the product in accordance with these recommendations. Any deviation (such as subjecting the material to abuses or non-recommended conditions) will be at the customer’s risk. The Company expressly disclaims liability for damage resulting from improper use, care, storage, or maintenance of the materials pandorastones.com.

Variations in Product Appearance

Color/Pattern Variations: Quartz surfacing materials are manufactured to be relatively uniform, but slight variations in color, hue, pattern, shade, particle distribution, or veining can occur between batches or compared to samples. Additionally, printed photographs or digital images of our products (including those on our website or in catalogs) may not perfectly represent the actual product due to lighting or screen differences. The actual delivered product may differ slightly in appearance from any showroom sample or illustration. Such variations in pattern and color are inherent in the manufacturing process and do not constitute defects pandorastones.com. Customers are encouraged to view and approve slabs in person when possible, especially if trying to match an exact color tone. We make no guarantee that separate lots or orders will match each other perfectly.

Acceptance of Variation: By purchasing, you acknowledge that minor aesthetic variations (including but not limited to subtle differences in color, particulate distribution, sheen, or natural-looking variegation) are expected and acceptable. These characteristics are part of what makes each quartz slab unique, often mimicking the variation found in natural stone. All samples provided are intended only to illustrate a general range of colors and patterns; they are not meant to guarantee an exact replication visionssupplyanddesign.com. As a result, the Company has a strict no-return policy on the basis of color/pattern variation. You may not reject or seek return/exchange of materials solely for minor visual discrepancies between the slab and a sample or your expectations. We consider such variations to be normal and they shall not be deemed a material defect or non-conformity of the product.

Minor Imperfections: Quartz slabs may contain small surface spots, pigments, particles or irregularities that are inherent to the manufacturing and curing process. Spots or blemishes smaller than approximately 0.75 inches (18 mm) in diameter are considered minor and are not covered by any warranty pandorastones.com. These tiny imperfections do not affect the structural integrity or general appearance of the installed product. Likewise, slight variations in slab dimensions (within standard tolerances) or minor warping within industry-accepted limits are not considered defects. We carefully inspect slabs for any major flaws before sale, but we do not reject slabs for the minor cosmetic issues described above. The customer agrees to accept the product with these inherent characteristics.

Installation and Third-Party Liability

Because the Company does not perform installation, we cannot oversee or control how our materials are handled or installed by others. Therefore, we shall not be held liable for any damage, loss, or defects arising from installation or fabrication services performed by the customer or third-party contractors. This includes, but is not limited to: improper cuts or measurements, installation errors, sub-par seams or joints, use of incorrect or substandard adhesives, inadequate support or reinforcement, damages to other property (cabinets, walls, plumbing, etc.) during installation, or personal injuries incurred by installers.

Third-Party Contractors: Any contractor, fabricator, or installer hired by the customer is not an agent or representative of the Company. We are not responsible for the conduct, workmanship, or actions of independent contractors. It is the customer’s duty to select qualified and insured professionals. Any contracts or agreements for installation services are solely between the customer and that service provider. If an installer commits an error or the finished countertop is unsatisfactory due to fabrication/installation workmanship, the customer’s recourse is against the installer, not the Company. The Company’s only role is supplying the material in good condition; once the material is altered (cut, fabricated) or permanently installed, the customer assumes all risk and liability for the result.

Installation Damage or Site Conditions: The Company is not liable for any damage to the quartz material or surrounding area that occurs during or as a result of installation. For example, if a slab is dropped and cracked on site, or your contractor scratches the surface, or cabinets fail to support the slab, those issues are outside our control and responsibility. Additionally, certain failures can result from hidden conditions at the installation site (uneven cabinets, floor settling, moisture issues, etc.), which are not the fault of the material itself. No claim against the Company can be made for damages or defects caused by third-party acts or site conditions.

Post-Installation Alterations: Any subsequent alterations or repairs to the installed countertops (such as cutting additional holes, re-fabricating pieces, modifying supports, or moving the installation) by anyone other than the Company (if we explicitly agree in writing to perform such service) are also excluded from liability. The Company does not warrant that the material will perform in applications where it is cut or altered after the initial installation (for instance, adding a faucet hole on-site could risk cracks). Any damages, failures, or warranty issues stemming from post-installation modifications or repairs by a third party are not the Company’s responsibility.

In summary, the customer and/or their installer assume full responsibility for the correct and safe installation of the quartz materials. The Company’s liability ends with the supply of conforming slabs in good condition at the time of sale. We highly recommend using experienced, licensed professionals to fabricate and install quartz products, and ensuring they follow all manufacturer and industry guidelines. The customer agrees to indemnify and hold the Company harmless from any claims or legal actions by any party arising out of installation, fabrication, or alteration of the materials by parties other than the Company.

Limited Warranty and Warranty Disclaimers

Unless a specific written warranty is provided for a particular product, all materials are sold on an “as is” basis, without any express or implied warranties from the Company. As a distributor (not the manufacturer), the Company will pass through to the customer any applicable manufacturer’s warranty on the quartz slabs, if and to the extent one exists. For example, many major quartz brands offer a limited residential warranty (typically covering manufacturing defects in the slab itself for a set period, when installed by a certified fabricator). Any claims under a manufacturer’s warranty must be made directly with the manufacturer or through their approved channels; the Company can assist in providing contact information but does not itself service those claims.

No Other Warranties: EXCEPT FOR ANY EXPRESS WRITTEN WARRANTY THAT MAY BE OFFERED BY THE ORIGINAL MANUFACTURER OF THE PRODUCT (IF APPLICABLE), THE COMPANY MAKES NO WARRANTY, EXPRESS OR IMPLIED, REGARDING THE QUARTZ MATERIALS. TO THE FULLEST EXTENT PERMITTED BY LAW, THE COMPANY DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. In plain language, we do not guarantee that the material is fit for your specific project or usage conditions beyond what is standard for quartz surfaces, and we do not promise it will be perfect – only that it will conform to the description and grade at the time of sale and be free of major manufacturing defects upon delivery.

If an applicable law prohibits the exclusion of an implied warranty (for instance, certain implied warranties may be mandatory for consumer products in some jurisdictions unless properly disclaimed), then to the extent legally required, any such implied warranty is limited in duration to the minimum period allowed by law. Some states do not allow limitations on how long an implied warranty lasts, so the above limitation may not apply in those cases. However, in any event, the Company’s obligation for any breach of warranty is limited, at our option, to the repair or replacement of the defective product, or a refund of the purchase price.

What Is Not Warranted (Exclusions): Even if a manufacturer’s warranty applies, certain conditions are typically excluded from coverage. The Company (and any manufacturer’s warranty, if applicable) will not cover:

• Improper Use or Abuse: Damage caused by misuse, abuse, neglect, or use of the product outside normal residential or commercial purposes (as applicable). This includes physical abuse (impact, dropping, excessive force), chemical abuse (exposing to harmful chemicals or improper cleaners), and thermal abuse (exposing to excessive heat or thermal shock) pandorastones.com. Any damage from such misuse or failure to follow the guidelines in this Disclaimer is not covered pandorastones.com.

• Improper Fabrication or Installation: Defects or failures resulting from fabrication or installation error, including inaccuracies in cutting or measuring, failures in adhesives or seams, improper joining, insufficient support, etc. pandorastones.com. If an unqualified or unauthorized person fabricates/installs the countertop and an issue arises (like a crack at a cutout due to improper technique), that is not covered by any warranty. Any problems caused by installer error are the sole responsibility of that installer, not the Company.

• Alterations After Delivery: Changes such as honing, polishing, cutting, or modifying the surface after you receive it (whether done by you or a third party) will void any warranty. Altering the factory finish or structure of the slab can create issues and is not warranted pandorastones.com. For example, if you decide to cut the slab into smaller pieces or have it re-finished to a different texture, any resulting problems are excluded from coverage.

• Environmental Damage: Issues caused by environmental factors or site conditions, such as settlement of the building, structural movements, fire, flood, or other acts of God are not covered pandorastones.com. Also, damage from prolonged UV exposure on indoor-rated products (yellowing, etc.) is not covered as explained in the Outdoor Use section.

• Appearance Characteristics: Natural variations in color, pattern, gloss level, or minor surface blemishes (e.g. small pits or specks under the surface) are not deemed defects and thus not covered pandorastones.com. Additionally, changes in appearance due to normal wear and tear, such as minor dulling, or patina developing over time, are the owner’s responsibility.

• Non-Surface Components: Any related or ancillary items not supplied by the Company (such as sinks, faucets, cabinets, substrates, adhesives, or other materials used in the installation) are not covered by our material warranty. We are also not responsible for costs or labor to remove, reinstall, or refinish other components of your kitchen/bath that may be affected by repairing or replacing a quartz slab.

• Commercial Use in a Residential Warranty: If a product is sold with a residential-use warranty, that warranty will not apply if the product is used in a commercial or industrial setting (and vice versa). Ensure you are using the material in the environment intended and warranted.

This list is not exhaustive, but illustrates common exclusions. Always refer to the specific warranty documentation (if any) that accompanied your product for full details. In absence of any manufacturer’s warranty, the default is that the product is sold as-is with no warranty beyond the assurance of initial quality at delivery.

pick up, Returns, Exchanges, and Refunds

All Sales Are Final: Due to the nature of our products, the Company maintains a general no-returns and no-exchanges policy on quartz materials, except in special circumstances at our sole discretion. Quartz slabs are large, heavy, and costly to handle; once they are cut or removed from our warehouse, they typically cannot be resold as new. We do not accept returns for buyer’s remorse or if you simply change your mind, so please be certain of your purchase before completing the transaction. We strongly recommend finalizing decisions on color, size, and quantity before purchase, with input from your contractor/fabricator to ensure you order correctly.

Damaged or Defective Material Claims: If you believe a slab has a manufacturing defect or was damaged prior to your acceptance of the material, you must report it as described in the Inspection section above (immediately upon discovery and within 24 hours of pickup/delivery). Depending on the situation, the Company may inspect the material and, if a legitimate defect (not caused by any of the excluded conditions) is verified, we will offer a remedy which could be: replacement of the material with a similar item, or a refund of the purchase price. The appropriate remedy will be determined at the Company’s discretion, and shall be subject to the limitations of liability stated in this Disclaimer.

Please note that what constitutes a “defect” must be significant – e.g. a large crack or structural failure that was present before installation. Minor aesthetic variations or inherent characteristics of quartz (as discussed in the Appearance section) will not qualify as defects warranting return or refund pandorastones.com. Additionally, any issue arising after the material left our custody (e.g., cracked during transport by customer, cut incorrectly by your fabricator, etc.) is not a valid basis for a “defective product” claim, as the product was sound when sold. Once a slab is cut, altered, or installed, it is considered accepted and cannot be returned or refunded.

Procedure for Claims: To initiate a claim for a defective or damaged product, contact our customer service immediately with your original invoice information, a description of the problem, and supporting photographs. We may arrange an inspection of the slab. If a return or pickup of material is authorized by the Company, the item must be in the same condition as delivered (uncut, uninstalled, and not damaged through improper handling). The customer is responsible for safely storing the slab to prevent any further damage while awaiting resolution. If a refund is issued, it will generally be for the cost of the material only; associated costs (e.g. delivery fees, fabrication labor by others, etc.) are not refundable. Under no circumstances will the Company reimburse costs of third-party labor, fabrication, installation, or any other costs beyond the purchase price of the material.

Shipping Damage: In the event that the Company arranged delivery and the material arrived with obvious freight damage (cracks, breakage, etc.), note the damage with the carrier at delivery and notify us immediately. We will assist in filing a claim with the carrier. Our liability for transit damage (if we arranged the shipping) will not exceed the coverage provided by the carrier insurance. If you arranged your own shipping, you must handle any damage claims with that carrier directly; the Company is not responsible for third-party shipping incidents once the product has left our facility.

Restocking Fees: If in an unusual case a return is approved (for example, an order error agreed to by the Company), a restocking fee of up to 20% may be assessed to cover handling and administrative costs. Custom-cut pieces or special-order items are not returnable under any circumstance except manufacturer-confirmed defect, as they are made or ordered specifically for you.

Limitation of Liability

No Consequential Damages: To the fullest extent allowed by law, the Company shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising out of or related to the purchase, use, inability to use, or installation of our quartz materials. This exclusion applies to any claims for loss of profits or revenue, loss of use of property (e.g. downtime of a kitchen), costs of any substitute equipment or facilities, damage to other property or surroundings, personal injuries to third parties, or any other consequential loss. For example, the Company is not responsible for: the cost of food spoilage due to a delayed countertop installation, the expense of hotel stays or restaurant meals during repairs, the loss of business in a commercial setting due to counter replacement, or damage to flooring/cabinets caused by a slab failure – these types of consequential damages are not recoverable from us. In no event will the Company be liable for exemplary or punitive damages, even if we have been advised of the possibility of such damages.

Liability Cap: In all cases and under all legal theories, the maximum liability of the Company (and its owners, employees, and agents) for any claim or series of related claims shall not exceed the total price actually paid by the customer for the specific product giving rise to the claim. By purchasing from the Company, you agree that this amount is sufficient and that you will not seek to recover more than this amount from us, regardless of the circumstances. If multiple slabs or products are involved, liability (if any) will be limited to the portion of the price allocable to the defective item. This limitation is fundamental to the pricing of our products and our willingness to sell to you, and reflects an agreed allocation of risk.

Basis of the Bargain: You acknowledge that the Company is relying on these liability limitations in providing products to you, and that pricing and other terms would be different absent such limitations. Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to the extent disallowed – but in such case, our liability shall be limited to the smallest amount permitted by applicable law.

Indemnity: To further protect the Company, the customer (and/or the customer’s installer, if through purchase they agree to these terms) hereby agrees to indemnify, defend, and hold harmless the Company and its affiliates, owners, employees, and agents from any and all claims, liabilities, losses, or expenses (including reasonable attorneys’ fees) arising out of or relating to: (a) the customer’s or any third party’s handling, installation, or use of the quartz materials; (b) breach of any of these terms by the customer or installer; or (c) any negligent or wrongful acts or omissions by the customer, their agents, or contractors in connection with the materials. This means that if a third party (for example, an installer’s employee or a client of the customer) sues the Company for something that was the fault of the customer or their installer (such as an injury during installation or damage caused by improper use), the customer will cover the Company’s costs and damages associated with such claim. This indemnification is intended to apply except to the extent that a claim is caused solely by the gross negligence or willful misconduct of the Company.

Governing Law and Dispute Resolution

This Disclaimer and any sale of products by the Company shall be governed by the laws of the State of California, without regard to its conflict of laws principles. The parties agree that the United Nations Convention on Contracts for the International Sale of Goods (CISG) does not apply. All disputes arising out of or related to the purchase or use of our products or this Disclaimer shall be subject to the exclusive jurisdiction of the state courts of California and federal courts located in Los Angeles County, California. You consent to the personal jurisdiction of such courts and waive any objections on grounds of venue or inconvenient forum.

If a dispute arises, we encourage you to contact us to attempt to resolve the issue informally. However, should any legal action be pursued, it must be filed in the specified courts within the applicable statute of limitations. In any legal action, the prevailing party shall be entitled to recover its reasonable attorneys’ fees and costs from the other party, to the extent allowed by law or by the court.

Severability

If any provision of this Disclaimer and Terms of Sale is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction, that provision shall be deemed modified to the minimum extent necessary to make it enforceable (if possible), or severed if modification is not feasible, and the remaining provisions shall remain in full force and effect. An unenforceable clause will not affect the enforceability of any other part of these terms. We intend for all disclaimers, limitations, and protections for the Company to be upheld to the maximum degree allowed by law.

Entire Agreement

This Disclaimer page, along with the invoice and any signed sales agreement or applicable manufacturer warranty, constitutes the entire agreement between the Company and the customer with respect to the sale of quartz materials. It supersedes any prior or contemporaneous understandings, representations, or communications (whether oral or written) that are not expressly included herein. No Company employee or representative has the authority to verbally modify or add to these terms. Any changes to these terms must be in writing and acknowledged by an authorized officer of the Company.

By proceeding with a purchase, the customer acknowledges that they have read, understood, and agreed to all the terms above. These terms are designed to minimize legal risk for the Company while ensuring transparency about product risks and customer responsibilities. If you have any questions or require clarification about this Disclaimer or any aspect of our policies, please contact us before purchasing. We value our customers and believe that clear communication of these terms helps foster trust and a professional relationship. Thank you for your business and for taking the time to understand our legal protections and your obligations as a purchaser of our quartz materials