Terms & Conditions
Last Modified: September 23, 2023
Welcome to Montauk Marble and Granite ("Company," "we," or "us"). These Terms and Conditions constitute the agreement between you ("You") and Montauk Marble and Granite, governing your use of our website, www.montaukmarble.com (the "Website"), and related content, features, and services, whether as a visitor or registered user.
PLEASE READ THE FOLLOWING CAREFULLY AS IT AFFECTS YOUR LEGAL RIGHTS. THESE TERMS CONTAIN AN AGREEMENT TO ARBITRATE ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS, COURT PROCEEDINGS, OR CLASS ACTIONS OF ANY KIND.
By using the Website, you accept and agree to be bound by these Terms and our Privacy Policy, incorporated herein by reference. If you do not want to agree to these Terms or the Privacy Policy, you must not access or use the Website.This Website is offered and available to users who are 13 years of age or older. Portions of the Website utilized to form a contract with the Company are only offered and available to users who are 18 years of age or older. By using this Website, you represent and warrant that you meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Website, or the relevant portions therein.
Changes to the Terms and ConditionsWe may revise and update these Terms and Conditions from time to time at our sole discretion. All changes are effective immediately when we post them. Your continued use of the Website following the posting of revised Terms and Conditions means that you accept and agree to the changes. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you.
Accessing the Website and Account Security
We reserve the right to withdraw or amend this Website, and any service or material we provide on the Website, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period. From time to time, we may restrict user access to some parts of the Website, or the entire Website, including registered users.
You are responsible for:- Making all arrangements necessary to have access to the Website.- Ensuring that all persons who access the Website through your internet connection are aware of these Terms and Conditions and comply with them.- Maintaining the confidentiality of the information you hold for your account.To access the Website or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Website that all the information you provide on the Website is correct, current, and complete. You agree that all information you provide to register with this Website or otherwise is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.We have the right to disable any user name, password, or other identifier, whether chosen by you or provided by us, at any time at our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms and Conditions.
Intellectual Property RightsThe Website and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection, and arrangement thereof), are owned by the Company, its licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.These Terms and Conditions permit you to use the Website for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on our Website, except as follows:- Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.- You may store files that are automatically cached by your Web browser for display enhancement purposes.- You may print or download one copy of a reasonable number of pages of the Website for your own personal, non-commercial use and not for further reproduction, publication, or distribution.- If we provide desktop, mobile, or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by our end user license agreement for such applications.- If we provide social media features with certain content, you may take such actions as are enabled by such features.You must not:- Modify copies of any materials from this Website.- Use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text.- Delete, alter, or copy any copyright, trademark, or other proprietary rights notices from copies of materials from this Website.- Access or use for any commercial purposes any part of the Website or any services or materials available through the Website.If you wish to make any use of material on the Website other than that set out in this section, please address your request to: montaukmarble@gmail.com.If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Website in breach of the Terms and Conditions, your right to use the Website will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the Website or any content on the Website is transferred to you, and all rights not expressly granted are reserved by the Company. Any use of the
1. Title and Risk of Loss
Title and risk of loss transfer upon product delivery to you or the initial carrier. Shipping dates are estimates, and we are not liable for shipment delays.
2. Linking to the Website and Social Media
You may link to our homepage fairly, but not in a way that damages our reputation or implies endorsement. You may use social media features as provided, but not:From websites you don't own.Through framing, deep linking, or in-line linking.To parts other than the homepage.
3. Links from the Website
We provide links to third-party sites for your convenience. We're not responsible for their content, and your use is at your own risk.
4. Geographic Restrictions
Our website is for U.S. users. It may not be lawful outside the U.S. You're responsible for compliance with local laws.
5. Disclaimer of Warranties
We can't guarantee virus-free downloads. Use anti-virus measures. We're not liable for any harm from your use of the website.
6. Limitation on Liability
General Limitation: Montauk Marble and Granite Company (hereafter referred to as "the Company") shall not be liable for any direct, indirect, special, incidental, consequential, or punitive damages, including but not limited to loss of profits, loss of data, loss of business, or any other losses arising out of or related to the use of our products and services.Product Limitation: The Company provides natural stone products such as marble and granite slabs. While we take utmost care in selecting and inspecting our products, natural variations, color differences, and markings are inherent characteristics of these materials. The Company is not responsible for the natural variations found in stone products, and customers accept these variations as part of the product's charm.Installation Services: The Company offers installation services for our products. While we strive for excellence in installation, we are not responsible for any damage or issues arising after installation, including but not limited to damage caused by external factors, accidents, or improper maintenance.Fabrication Services: Our fabrication services involve cutting and shaping stone materials. We aim for precision, but there may be slight variations in measurements. The Company is not liable for any discrepancies that fall within industry-accepted tolerances.Third-Party Services and Products: The Company may engage third-party contractors or suppliers for certain services or products. In such cases, the Company disclaims any liability for the performance, quality, or warranties of third-party services or products, which are subject to their respective terms and conditions.Customer Responsibilities: Customers are responsible for ensuring that their premises, including cabinets, walls, and support structures, are ready and suitable for the installation of stone products. Any modifications required to accommodate the installation are the customer's responsibility.Limitation of Warranty: The Company provides no warranties, express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, or non-infringement. We do not guarantee the absence of defects, errors, or interruptions in our products and services.Indemnification: Customers agree to indemnify and hold the Company harmless from any claims, losses, or damages arising out of their use of our products and services, including claims related to personal injury, property damage, or other liabilities.Force Majeure: The Company shall not be liable for any delay or failure to perform its obligations due to circumstances beyond its control, including but not limited to acts of nature, government actions, labor disputes, or unforeseeable events.Aggregate Liability: In no event shall the total liability of the Company, whether arising in contract, tort, or otherwise, exceed the total amount paid by the customer for the specific product or service in question.Jurisdiction: This limitation of liability is governed by the laws of the state of Utah, United States, and any legal disputes shall be subject to the exclusive jurisdiction of the state and federal courts located in Utah.
By using Montauk Marble and Granite Company's products and services, customers acknowledge and accept these limitations of liability. It is advisable to carefully review all terms and conditions before engaging with the Company's offerings.
7. Deposit and Payment
At Montauk Marble and Granite, we require a 75% deposit to initiate any project, and it is important to note that this deposit is non-refundable. This deposit is a crucial step in securing our services and ensuring the smooth commencement of your project. We understand the significance of this financial commitment, and we want to provide you with a clear understanding of how this process works.Payment Process:Initiating the Project: To begin your project, we kindly request a 75% deposit of the total estimated cost. This deposit is essential for us to allocate resources, schedule the necessary work, and secure the materials required for your project.Non-Refundable Nature: It's important to emphasize that this deposit is non-refundable. Once the deposit is made, it is considered a commitment to proceed with the project as discussed and planned. This non-refundable policy is in place to ensure fairness to both parties and to cover the initial costs associated with your project.
Balance Payment: The remaining 25% of the project cost will be due upon completion and final inspection of the work. We will provide you with an invoice detailing the final charges, and payment should be made promptly upon receipt of this invoice.
Why We Require a Deposit:
Resource Allocation: The deposit allows us to allocate our skilled workforce, reserve time slots for your project, and secure the necessary materials well in advance, ensuring timely project completion.
Minimizing Cancellations: By making the deposit non-refundable, we minimize the risk of project cancellations, ensuring a more predictable workflow and schedule for our team.
Commitment: It signifies your commitment to move forward with the project, and it is a crucial step in our partnership to transform your vision into reality.
8. Slabs and Damage
When slabs are not purchased with Montauk, we are not responsible for any damage or discoloration.Seam matches and vein matching will be discussed with the customer before fabrication begins. We are not responsible after installation. Demolition and InstallationFor countertop demolition, we are not responsible for any damage caused to the stone, cabinets, floors, or walls.During installation, we are not responsible for any cabinet or wall damage.Placement of seams is at the discretion of the fabricator and may vary from 1/16 to 1/8. All seams will be discussed with the customer before fabrication.
Stone Maintenance and Scratches
All stones are porous, and after we seal the stone, we are not responsible for stains. Stone maintenance will be discussed with the customer before the job is finalized.We are not responsible for any scratches on the stone after the job is finalized.Stone will naturally lose its shine or polish over time.
9. Template and Inspection
Before the template, the area must be ready; otherwise, the job will be rescheduled.Any item that requires a cutout will be taken to the shop.The slab will be inspected with the customer before fabrication. After inspection and approval, we are not responsible.
Customer Presence and Age
During installation, the customer must be present for the entire process and must be over 18 years old. We process your job according to the measurements received, and if field measurements differ, pricing will be adjusted.
Dust and Wall Prep
Installation is a construction project, and dust should be expected. Before installation, the customer is responsible for covering any areas where dust is not wanted.Final wall prep should not be completed before installation. Incidental damages such as scrapes and punctures may occur during install, and it's the customer's responsibility to repair them.
Plumbing and Electrical
Plumbing and electrical work are not included in any installation.
10. Service Refusal and Non-Discrimination
1. Service Refusal
We reserve the right to refuse service to any customer. While we aim to provide our services to a wide range of clients, there may be instances where we are unable to meet specific requirements or where the nature of the project is not within our scope of expertise.
2. Non-Discrimination Policy
Discrimination of any type is not permitted. We are committed to providing our services without bias or discrimination based on factors such as race, ethnicity, gender, religion, sexual orientation, disability, or any other protected characteristic. Our services are available to all individuals and entities, and we uphold principles of fairness, equality, and inclusivity in all our interactions and transactions.Our goal is to ensure that our services are accessible and welcoming to everyone, and we will not engage in discriminatory practices. If you have any concerns about our services or believe you have encountered discrimination, please contact us at montaukmarble@gmail.com, and we will address your concerns promptly and professionally.
11. Indemnification
You agree to defend and hold us harmless from any claims related to your use of the website.
12. Dispute Resolution and Binding Arbitration
Disputes will be resolved through binding arbitration, except for small claims. No jury trials. Arbitration governed by the American Arbitration Association. U.S. law applies.
13. Governing Law and Jurisdiction
These terms and policies are governed by and constructed in accordance with the laws of the State of Utah, specifically in the St. George area. Any disputes arising from these terms and policies will be subject to the exclusive jurisdiction of the courts in the State of Utah.
14. Waiver and Severability
No waiver unless in writing. If any provision is invalid, the rest remains in effect.
15. Assignment
You can't assign your rights or obligations under these terms.
16. Entire Agreement
These Terms & Conditions, along with our Privacy Policy, constitute the entire agreement between you and Montauk Marble and Granite regarding the Website.
17. Changes to this Policy
We may update this Privacy Policy from time to time to reflect changes in our practices or for legal reasons. The revised policy will be posted on our website, and the date of the latest revision will be indicated.
18. Accessibility Statement
We are committed to ensuring that our website is accessible to all individuals, including those with disabilities in the St. George, Utah area. Please contact us if you encounter any accessibility issues.
19. Contact Information
Montauk Marble and Granite
742 S 5620W Hurricane, Utah 84737, Suite 1
Email: montaukmarble@gmail.com