KO NATURAL STONE
Terms & Conditions of Sale (“TERMS”)
Effective January 1st, 2015, by placing an order, making a payment, or receiving delivery of materials, Buyer agrees to these Terms & Conditions of Sale.
Welcome, and thank you for choosing Kő. These Terms cover the basics of how we sell, ship, and stand behind our stone — written plain so we're all on the same page. If anything here is unclear, give us a call at 800-898-6452 and we'll walk you through it.
1. What to Expect from Natural Stone
Every piece of natural stone is a little different — color, shade, veining, texture, and finish vary from piece to piece and pallet to pallet. That variation is part of what makes the material beautiful. Samples are representative only and may not show the full range you'll see in production material. Buyer accepts these natural characteristics as inherent to the product, and KO Natural Stone is not liable for them.
2. Quotes & Placing an Order
Quotes are good for 30 days from the date of issue unless we note otherwise in writing. After that, pricing is subject to change based on material availability and market conditions. An order is considered placed — and these Terms accepted — when the Buyer submits an order through www.konaturalstone.com, signs a written estimate or shop ticket, or pays a deposit or invoice.
3. Payment, Taxes & Lien Rights
A 50% non-refundable deposit is required to start most orders, with the balance due before shipment. Some orders may require 100% payment upfront at KO Natural Stone’s discretion; when this applies, we will note it at the time of quoting. Where buy-now-pay-later or other third-party financing is available, any such arrangement is between Buyer and the third-party lender and does not alter these Terms between KO Natural Stone and Buyer. Unpaid balances accrue interest at 1.5% per month (18% per annum) or the maximum rate permitted by law, whichever is lower. Sales tax, use tax, and any other applicable taxes are the Buyer’s responsibility and will be added to invoices unless a valid resale or exemption certificate is provided before invoicing. KO Natural Stone reserves all rights to file mechanic’s liens, stop payment notices, and any other statutory remedies permitted under California law to secure payment.
4. Shop Tickets & Specifications
Before we cut anything, the Buyer is responsible for reviewing and verifying all dimensions, finishes, and details on shop tickets, orders, or related documents. Shop tickets aren't issued on every order. If anything looks off, let us know in writing right away — once fabrication begins, changes can add cost and push out delivery. Dimensional and finish tolerances follow Natural Stone Institute (NSI) industry standards. KO Natural Stone assumes no liability for errors that aren't reported before fabrication.
5. Changes, Returns & Cancellations
Any changes to an order must be submitted in writing. A change order becomes accepted and binding once the Buyer provides written signature or pays the revised invoice — whichever comes first. Changes may add cost and push out delivery. Once fabrication begins, we can't accept returns, refunds, or cancellations, and deposits are non-refundable.
6. Installation & Site Conditions
Once the stone leaves our facility, what happens next is the Buyer's or installer's responsibility — including installation, substrate preparation, sealing, and ongoing maintenance. Buyer is responsible for confirming the stone is suitable for the site conditions and for sealing and caring for it per Natural Stone Institute recommended practices. KO Natural Stone is not liable for freeze-thaw damage, efflorescence, staining, cracking, or any other post-delivery issue. Buyer is also solely responsible for the quantities ordered, even when KO Natural Stone provides complimentary take-offs or estimates.
7. Inspecting Your Order & Submitting Claims
Buyer should inspect all materials when they arrive and before anything gets installed. If something isn't right, send a written claim to support@konaturalstone.com within 3 business days of delivery, including the order number, a description of the issue, and photographs. Installing the material counts as acceptance. If we don't hear from you within that window, the material is accepted “AS IS.”
8. Shipping, Freight & Delivery
Freight costs are the Buyer’s responsibility unless we have expressly quoted them as included. KO Natural Stone may transport orders directly from its fabrication facility or yard to the Buyer’s site using its own trucks, or arrange shipment through a third-party carrier. For shipments on third-party carriers, all deliveries are FOB KO Natural Stone’s facility, risk of loss transfers to the Buyer when the materials are handed to the carrier, and KO Natural Stone is not responsible for transit damage or carrier delays — those claims must be filed with the carrier directly. For shipments on KO Natural Stone’s own trucks, risk of loss transfers to the Buyer upon delivery to the Buyer’s site. When requested and quoted in advance, KO Natural Stone can also provide offloading at the Buyer’s site for an added fee; the offloading service is offered as a convenience to Buyer and does not alter the above risk-of-loss provisions. If the Buyer’s site or schedule is not ready to receive materials on the originally scheduled delivery date, please let us know as early as possible — KO Natural Stone is happy to work with Buyer on a case-by-case basis to hold stone in the yard or reschedule delivery. Materials that sit undelivered past the scheduled ship or delivery date without prior arrangement may be subject to reasonable storage fees.
9. Quarry-Direct Deliveries
Quarry-direct shipments travel from the quarry or fabrication facility straight to the Buyer’s site rather than passing through KO Natural Stone’s yard. Offloading at delivery is the Buyer’s responsibility — a forklift, reach lift, or skid steer with forks is typically sufficient to offload pallets from a flatbed, while dry-van deliveries also require a pallet jack, or a pallet clamp with chains, to move pallets from inside the trailer to the door. KO can provide offloading equipment and labor at the Buyer’s site for an added fee, as described in Section 8. Any additional handling or pass-through charges required for a specific quarry-direct shipment will be confirmed in writing before the shipment goes out.
10. When Things Don't Go to Plan
From time to time, things happen that no one can control — severe weather, natural disasters, quarry delays, trucker or labor shortages, freight disruptions, supply chain issues, strikes, pandemics, or government actions. KO Natural Stone is not liable for delays or non-delivery caused by events like these, and delivery timelines will be reasonably extended when they occur.
11. Warranty Disclaimer
EXCEPT AS EXPRESSLY STATED HEREIN, KO STONE MAKES NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
Natural stone is a variable natural product. Whether any given material is suitable for a particular project or application is the Buyer's responsibility to determine.
12. Limitation of Liability
If something goes wrong and KO Natural Stone is found liable, total liability is capped at the purchase price paid for the materials involved in the claim. KO Natural Stone is not responsible for indirect, incidental, consequential, special, or punitive damages — this includes lost profits, lost use, or the cost of substitute materials.
13. Our Drawings & Designs
Shop tickets, drawings, mockups, mood boards, specifications, photographs, and marketing materials produced by KO Natural Stone remain our intellectual property. Please don't reproduce, distribute, or reuse them without our prior written consent.
14. Project Photography & Marketing
KO Natural Stone photographs completed projects for portfolio, website, social media, trade press, and other marketing use. By receiving materials, Buyer grants KO Natural Stone a non-exclusive, royalty-free, perpetual license to photograph the installed materials and to use those images for marketing purposes. Buyer may opt out by notifying us in writing at or before delivery, and we’ll coordinate timing, access, and any privacy considerations directly.
15. Indemnification
Buyer agrees to indemnify, defend, and hold harmless KO Natural Stone and its owners, employees, and affiliates from any claims, damages, losses, or expenses — including reasonable attorney's fees — arising out of improper installation, site conditions, or Buyer's misuse of the materials.
16. Governing Law & Disputes
These Terms are governed by California law, without regard to conflict-of-laws principles. Any dispute will be resolved in the state or federal courts located in Placer County, California. If a dispute does arise, the prevailing party is entitled to recover reasonable attorney's fees and costs.
17. Assignment
Buyer may not assign these Terms or any order, in whole or in part, without KO Natural Stone's prior written consent.
18. The Whole Agreement
These Terms are the entire agreement between KO Natural Stone and Buyer for the sale of materials, and they replace any prior written or oral representations, proposals, or agreements. Any change to these Terms must be in writing and signed by both parties. If a court finds any provision unenforceable, the rest of these Terms remain in full force and effect.
Acceptance
Placing an order, signing a written estimate or shop ticket, paying a deposit or invoice, or receiving delivery of materials all count as acceptance of these Terms & Conditions.
We're a family business, and we want every order to go well. If something comes up, call us — we'd rather work it out together than lean on any of the above.