Last updated: September 8, 2026
These Terms of Sale were updated to revise warranty, dispute resolution, and customer responsibility provisions, and to add maintenance, chargeback, attorney’s fees, limitations period, and severability provisions.
PLEASE READ THIS DOCUMENT CAREFULLY. IT CONTAINS IMPORTANT INFORMATION ABOUT YOUR RIGHTS AND OBLIGATIONS, AS WELL AS LIMITATIONS AND EXCLUSIONS THAT APPLY TO YOU. SECTION 18 CONTAINS AN ARBITRATION AGREEMENT AND CLASS ACTION WAIVER THAT AFFECT HOW DISPUTES ARE RESOLVED.
This Agreement contains the terms and conditions that apply to customers for purchases from Wholesale Stone, LLC (“Wholesale Stone”) dba Travertine Mart (“Travertine Mart”) and the Wholesale Stone and Travertine Mart entities named on the invoice provided to you (“Customer”) on orders for products sold. Customer agrees to be bound by and accepts this Agreement as applicable to Customer’s purchase of product(s) from Travertine Mart, and/or the Travertine Mart Internet Website (travertinemart.com) (the “Site”). As a condition of sale, Customer agrees to be bound by and accepts these terms and conditions.
These terms and conditions apply (i) unless Customer has signed a separate formal purchase Agreement with Travertine Mart, in which case the separate Agreement shall govern; or (ii) unless other Travertine Mart standard terms apply to the transaction as noted herein or elsewhere.
Travertine Mart may modify these terms and conditions at any time in its sole discretion. The version of these Terms of Sale in effect on the date Customer’s order is placed shall govern that order. Modifications do not apply retroactively to orders already placed.
YOUR ACCEPTANCE OF THESE TERMS OF SALE IS INCLUDED IN YOUR ACCEPTANCE OF THE TERMS OF USE OF THIS WEBSITE.
1. ORDER ACCEPTANCE POLICY
Customer’s receipt of an electronic or other form of order confirmation does not signify Travertine Mart’s acceptance of Customer’s order, nor does it constitute confirmation of Travertine Mart’s offer to sell. All orders are accepted in the State of Florida, United States of America. Travertine Mart reserves the right at any time after receipt of Customer’s order to accept or decline Customer’s order for reasonable cause including but not limited to lack of availability of products, significant price changes, or failure by Customer to satisfy payment terms. If payment has been remitted for the purchase and Travertine Mart cancels Customer’s order, Travertine Mart shall forthwith issue a refund equal to the amount remitted for the unaccepted or cancelled order.
2. PAYMENT TERMS
Terms of payment are within Travertine Mart’s sole discretion and unless otherwise agreed to by Travertine Mart, payment must be received or otherwise authorized or secured in a form approved by Travertine Mart prior to Travertine Mart’s acceptance of an order. Payment for the products will be made by approved credit card, wire transfer, electronic funds transfer or some other prearranged payment method agreed to by Travertine Mart prior to material leaving the warehouse. Travertine Mart does not accept terms. Invoices are due and payable upon receipt, by the payment date(s) specified through electronic (including but not limited to e-mail), facsimile (fax) and/or verbal confirmation between Travertine Mart and Customer. Travertine Mart may invoice parts of an order separately.
Any quotations given by Travertine Mart will be valid for the period stated on the quotation. Travertine Mart reserves the right to adjust or cancel quotations as required.
All bounced check or NSF fees are to be paid by Customer. In such cases, Travertine Mart has the right to cancel the order and to terminate future business with Customer.
Past due amounts shall accrue interest at the rate of 1.5% per month or the maximum rate permitted by applicable law, whichever is less, from the date payment was due until paid in full.
3. CHARGEBACKS AND PAYMENT REVERSALS
Customer agrees to contact Travertine Mart directly and to comply with Section 18.1 (Informal Resolution) before initiating any chargeback, payment dispute, or payment reversal.
Initiating a chargeback, payment dispute, or payment reversal with respect to products that have been delivered and accepted — including products accepted by installation under Section 22 — constitutes a material breach of this Agreement. In such event, Customer remains liable for the full purchase price of the products, together with all shipping charges, chargeback and bank fees incurred by Travertine Mart, interest as provided in Section 2, and all costs of collection including reasonable attorney’s fees as provided in Section 26.
Nothing in this Section limits Customer’s rights under applicable law with respect to a chargeback initiated in good faith for products that were not delivered, or in the event of unauthorized use of Customer’s payment method.
4. SHIPPING
Customer is responsible for all costs related to shipping their products. Travertine Mart contracts third-party transportation companies and is solely the shipping facilitator. Customer may also elect to hire their own transportation company or to pick up the materials on their own.
If Customer arranges their own transportation, Travertine Mart is not liable for the material once it leaves our warehouse. In the case that Customer elects to use Travertine Mart’s contracted shipping company, Customer must provide contact information to Travertine Mart that allows the transportation company to contact Customer once shipment is in transit. Tracking information is provided to Customer at the time of shipment and it is Customer’s responsibility to begin tracking the delivery once it leaves Travertine Mart’s warehouse. The transportation company is advised to contact Customer in advance to schedule a delivery time, although this is not guaranteed. Delivery times must be agreed upon by Customer and the third-party transportation company. It is Customer’s responsibility to be prepared to receive the materials at the time of delivery, with all necessary equipment as stated on their Estimate.
Shipping rates given by Travertine Mart are for standard pick-up and delivery only. Additional storage and/or shipping charges and other warehouse charges will apply if Customer cannot be contacted, is not available, rejects the shipment, gave the wrong address, changed their mind, cancels their order after it has left Travertine Mart’s warehouse, does not have the means to unload or is not prepared to receive product; or if product is redirected upon Customer’s request.
Travertine Mart is not liable for delays in delivery times nor is it responsible for extra labor or equipment costs arising from issues with the third-party transportation company or their equipment; or if a shipment is delayed, mishandled, or rerouted. Any claims arising against the transportation company must be filed and handled directly with the transportation company by Customer.
If a shipping rate is quoted at an incorrect rate due to typographical error or error in pricing information received from Travertine Mart suppliers, Travertine Mart shall have the right to refuse, adjust, or cancel any orders placed whether or not the order has been confirmed or whether or not payment has been remitted.
If Customer decides to return goods ordered from Travertine Mart, Customer shall arrange for and incur all shipping charges for the material to be sent back to and unloaded at Travertine Mart’s warehouse.
Transportation companies regularly use flatbed trucks and large vans around 53′ in length which may not be suitable for all residential locations. Customer understands this and ensures that the trucks have the ability and the right to access their property. Any costs arising from a situation where the truck cannot access the property or deems it unsafe to operate their vehicles en route to the property are the sole responsibility of Customer.
It is Customer’s responsibility to inform Travertine Mart of any accessibility issues prior to placing an order. Travertine Mart has the right to deny shipment, cancel an order, and seek alternate delivery options if needed due to accessibility issues, and Customer agrees to this.
4.1 Lift Gate Service
Depending on the location of Customer and quantity of material ordered, the transportation company may offer a lift gate service at delivery for an additional fee.
If a lift gate is available at the specified terminal, Customer will be notified by Travertine Mart on the Estimate. If a delivery is with lift gate service, the transportation company is only responsible for unloading materials where they see fit. A lift gate may not be used on rough terrain, steep driveways, slopes and all other inaccessible areas and can only be used at the discretion of the carrier. In the case that the transportation company cannot provide the lift gate service due to inaccessibility or any other reason, the transportation company will unload the products at the best available location. It is Customer’s responsibility to inform Travertine Mart of any accessibility issues prior to placing the order. If the location is deemed inaccessible by the transportation company, the transportation company may offer redelivery to a location of Customer’s choice for an additional fee.
4.2 Forklift and Pallet Jack
Some orders may require a forklift and/or pallet jack to unload the truck. This will always be communicated on Customer’s Estimate if it is the case.
4.3 Shipment Refusal Policy
Once an order has shipped, Customer is responsible for accepting delivery at the designated address. Refusal of a shipment does not constitute cancellation or grounds for refund. If a shipment is refused for any reason, Customer remains liable for all product costs, original shipping charges, return freight, storage fees, and any additional carrier or handling charges incurred. No refunds or credits will be issued for refused shipments.
4.4 Delivery Accessibility
Customer must disclose in advance any delivery access limitations, including but not limited to gravel or dirt roads, steep grades, narrow driveways, or restricted entry points. Freight carriers may refuse delivery to locations they deem unsafe or inaccessible. In such cases, Customer remains responsible for all product costs, shipping charges, return freight, storage fees, and any additional carrier or handling charges. Refusal or failed delivery due to inaccessibility will not release Customer from payment obligations.
5. FREIGHT ESTIMATOR
Travertine Mart has created a Freight Estimator that provides buyers with instant estimated freight charges online. The estimated rates provided are based on origin and destination locations, volume, weight, season and constantly fluctuating fuel costs and, therefore, are subject to change at any time. Customer acknowledges and agrees that the Freight Estimator is solely for planning purposes and is an estimate only; it is not a guaranteed price. Customer must contact Travertine Mart directly in order to obtain a freight cost.
6. TAXES
Travertine Mart collects and remits Florida state and applicable local sales tax on orders delivered within Florida. Travertine Mart is not currently registered to collect sales or use tax in any other state and does not collect tax on orders delivered outside Florida. Travertine Mart will collect and remit sales or use tax in any additional state in which it becomes required to register and collect under applicable law, and the tax charged on any order reflects Travertine Mart’s collection obligations as of the date that order is placed.
The absence of tax collected by Travertine Mart does not mean that no tax is owed. Where Travertine Mart does not collect sales or use tax, Customer is solely responsible for determining, self-assessing, reporting, and remitting any applicable use tax to Customer’s state and local taxing authorities. Customer remains responsible for all sales, use, excise, value-added and other charges associated with the order, however designated, including any duties, clearance charges or other destination charges not collected by Travertine Mart. Travertine Mart makes no representation regarding Customer’s tax obligations in any jurisdiction and does not provide tax advice.
Customers claiming exemption from Florida sales tax must provide a valid, current resale or exemption certificate acceptable to Travertine Mart and to the applicable taxing jurisdiction prior to the order being processed. Customer is responsible for the accuracy of any exemption claimed, and shall reimburse Travertine Mart for any tax, interest, or penalty assessed as a result of an invalid or improperly claimed exemption.
7. TITLE; RISK OF LOSS
Title to product passes from Travertine Mart to Customer upon completion of shipment of product to Customer by Travertine Mart, unless otherwise stated in the terms of purchase (e.g. Letter of Credit). Any loss or damage to products that occurs during shipping must be filed directly with the transportation company. Loss or damage to products that occurs during shipping by a carrier selected by Customer is Customer’s responsibility. Loss or damage to products that occurs during installation is Customer’s responsibility. Travertine Mart is not responsible for costs related to installation or repairs either before a material has been installed or after the fact.
8.WARRANTIES
Travertine Mart provides the 1-Year Limited Warranty on the material it sells. The 1-Year Limited Warranty is available for review prior to purchase and its terms, scope, and limitations are incorporated herein by reference.
Except as expressly provided in the 1-Year Limited Warranty, and to the fullest extent permitted by applicable law, Travertine Mart makes no other warranties, whether express, implied, or statutory, including any implied warranty of merchantability, environmental suitability, or fitness for a particular purpose or environment.
Where Customer is a consumer and applicable law does not permit the exclusion of implied warranties, any implied warranties, including any implied warranty of merchantability or fitness for a particular purpose, are limited in duration to the duration of the 1-Year Limited Warranty. Some jurisdictions do not allow limitations on how long an implied warranty lasts, so the above limitation may not apply to you. This warranty gives you specific legal rights, and you may also have other rights which vary from jurisdiction to jurisdiction.
Travertine Mart does not guarantee the exact color, porosity, veining, or movement of its natural stone. Customer understands and accepts this as one of the risks associated with purchasing natural stone. Travertine Mart accepts no claims based on the appearance of the underside of a paver, tile, or pool coping.
Travertine Mart shall not be liable for any claims made by third parties resulting from Customer’s use of the product. It is the responsibility of Customer to seek professional advice and to contract a licensed and insured installer. Travertine Mart is not responsible for how Customer will use our products, nor whether they are appropriate for Customer’s intended use. Travertine Mart may occasionally recommend installers as a convenience to Customer; however, Travertine Mart does not employ the installer and is not liable for the work of the installer or any advice that the installer provides. Travertine Mart is not responsible for damages or loss that may occur after product has been installed. Travertine Mart is not responsible for loss or damages arising from installation advice, poor installation, or the use of sealers, enhancers or other cleaning products.
9. DISCLAIMER
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, AND EXCEPT AS EXPRESSLY PROVIDED IN THE 1-YEAR LIMITED WARRANTY AND SECTION 8, TRAVERTINE MART DISCLAIMS ALL OTHER WARRANTIES, GUARANTEES OR REPRESENTATIONS, WHETHER EXPRESS, IMPLIED, OR STATUTORY. TRAVERTINE MART ALSO DISCLAIMS, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ANY IMPLIED WARRANTY ARISING OUT OF TRADE USAGE OR OUT OF A COURSE OF DEALING OR COURSE OF PERFORMANCE. TRAVERTINE MART DOES NOT WARRANT THAT THE PRODUCT(S) WILL BE ERROR-FREE, OR WARRANT THAT EACH DEFECT WILL BE CORRECTED. TRAVERTINE IS A NATURAL STONE AND THEREFORE IS NOT MANUFACTURED PERFECT. TRAVERTINE MART DOES NOT WARRANT THAT ALL PRODUCTS COMPLY WITH SPECIFIC GEOGRAPHICAL COMPLIANCE OR REGULATORY RESTRICTIONS. IT IS CUSTOMER’S RESPONSIBILITY TO ENSURE THAT USE OF PRODUCTS PURCHASED COMPLIES WITH LOCAL JURISDICTION CODES AND WITH ALL REGIONAL, NATIONAL AND INTERNATIONAL LAWS AND REGULATIONS.
NOTHING IN THIS SECTION LIMITS ANY WARRANTY OR RIGHT THAT APPLICABLE LAW PROHIBITS FROM BEING LIMITED OR DISCLAIMED.
10. LIMITATION ON DAMAGES
TRAVERTINE MART DOES NOT ACCEPT LIABILITY BEYOND THE REMEDIES SET FORTH HEREIN. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, TRAVERTINE MART WILL NOT BE LIABLE FOR LOST PROFITS, LOSS OF REVENUE OR OF BUSINESS OR OTHER CONSEQUENTIAL, SPECIAL, INDIRECT, OR PUNITIVE DAMAGES, EVEN IF THEY WERE FORESEEABLE OR IF TRAVERTINE MART WAS ADVISED OF THE POTENTIAL OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY THIRD PARTY EXCEPT AS EXPRESSLY PROVIDED HEREIN.
CUSTOMER AGREES THAT FOR ANY LIABILITY RELATED TO THE PURCHASE OF PRODUCTS OR SERVICES, TRAVERTINE MART IS NOT LIABLE OR RESPONSIBLE FOR ANY AMOUNT OF DAMAGES ABOVE THE AGGREGATE DOLLAR AMOUNT PAID BY CUSTOMER FOR THE PURCHASE(S) UNDER THIS AGREEMENT. THIS LIMITATION WILL APPLY REGARDLESS OF THE FORM OF ACTION (I.E. WHETHER THE LAWSUIT IS IN CONTRACT OR IN TORT, INCLUDING NEGLIGENCE).
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. NOTHING IN THIS SECTION LIMITS LIABILITY FOR GROSS NEGLIGENCE, WILLFUL MISCONDUCT, OR PERSONAL INJURY WHERE APPLICABLE LAW PROHIBITS SUCH LIMITATION.
11. NATURE OF TRAVERTINE
Travertine is a natural stone and is therefore subject to natural variations in color, quality, shading, veining, markings and texture from piece to piece and crate to crate. Variation is an inherent characteristic of natural stone — no two stones will ever be the same, and that is what makes it beautiful.
Travertine is a porous stone and will have visible surface pores and holes. These are not defects; they are the inherent nature of the stone and what makes it suitable for outdoor use. Samples sent by Travertine Mart are intended to be average representations of the product only and are not guaranteed color or quality matches. Although we strive to get as close as possible, we can never guarantee exact color matches. In some instances, samples may display natural color variation from the actual product. Products on our website are photographed wet to show the natural variation in the stone and may appear darker. This also shows what the travertine will look like when sealed. Shading can also appear different from one computer screen to another.
When purchasing natural stone, it is important to judge the lot being purchased as a whole, not on a piece-by-piece basis. When installing natural stone, Customer is advised to open all of the pallets and blend the material during the installation process.
Travertine Mart does not accept claims based on shade expectations, porosity, veining, or natural color deposits. Travertine Mart extends no guarantees, express or implied, as to exact color, slipperiness, porosity levels, wear resistance, maintenance procedures or installation techniques. All natural stone is subject to some wear and/or scratching over time. Food and other acids may stain or etch the surfaces of some stones. All products are provided in untreated form — no sealer is applied. Sealing travertine is optional. The Customer can choose whether to apply a sealer.
12. MAINTENANCE AND POST-INSTALLATION CONDITIONS
Natural stone installations require ongoing maintenance by the property owner. Travertine Mart is not responsible for, and Customer accepts sole responsibility for, conditions arising after installation, including but not limited to:
These conditions are inherent characteristics of natural stone installations and the sites in which they are installed, and are not product defects. The selection of an installer, installation method, base preparation, jointing material, sealer, and drainage design are the sole responsibility of Customer. Travertine Mart is not a licensed contractor, installer, or design professional, and any installation guidance provided by Travertine Mart is offered as general information only and not as professional advice.
13. CLAIMS
Customer is responsible for inspecting freight for shortages or signs of damage beyond 4% immediately upon receipt of goods. Customer must inspect material at the time of delivery and note any damage or shortages on the delivery paperwork or otherwise waive any right to damage claims to the extent permitted by applicable law. Signing a delivery receipt without noting damage indicates a clean shipment and all damage claims will be denied by the transportation company. Travertine Mart is not liable for damages that occur during transportation or issues with the freight company or their equipment upon delivery. All freight damage claims must be noted directly on the delivery paperwork and filed directly with the transportation company immediately upon receipt of materials (see Section 10, Limitation on Damages). Travertine Mart will provide necessary documentation to assist Customer with a claim against the transportation company.
All claims require detailed, quantifiable images of all damaged materials. In some cases the transportation company will send a representative to inspect the damage.
Due to the distance from the origin country to Travertine Mart, some material may shift in transit, leading to cracks or other damage. Travertine Mart inspects each order and ensures that no more than 4% of goods in each shipment will leave its warehouse broken.
Travertine Mart does not accept claims based on the appearance or porosity of the underside of a paver, tile, or pool coping.
No claims will be accepted under the 4% breakage allowance, and all claims must be filed within one (1) week of delivery.
All material shortages must be submitted in writing to Travertine Mart immediately upon delivery of the order.
Claims may be submitted to: [email protected]
Travertine Mart shall not be liable for special or consequential damages or for any damages arising out of or caused by: (1) delay; (2) acts of God or the public enemy; (3) the authority of law; (4) strikes, riots or quarantine; or (5) the inherent nature or vice of the goods transported.
14. SAMPLES
As a convenience to Customer, Travertine Mart ships 4″×4″ color samples, depending upon availability. Samples sent by Travertine Mart are intended to be average representations of the product only. Travertine Mart is unable to send samples of actual travertine pool coping; Customer will receive 4″×4″ color samples of the corresponding travertine paver. In some instances, samples may display natural color variation from the actual product. Travertine Mart recommends and agrees to send, upon request, pictures of the actual lot of travertine before shipment.
15. CUSTOM ORDERS
Customers who contract Travertine Mart for custom orders are not able to return the product for any reason and will not be issued a refund. All custom orders are final sale. Customer cannot cancel custom orders once fabrication has begun. Any payments and/or deposits paid are non-refundable. If Travertine Mart has not manufactured the item according to the contract set forth between Travertine Mart and Customer, Travertine Mart shall take full responsibility to correct the order according to the specifications of the invoice. Due to the nature of travertine, Travertine Mart does not guarantee exact color or shade matches, although a best attempt will be made.
16. PRE-ORDERS
Travertine Mart offers pre-order pricing which allows Customers to save up off published Buy Now prices. Customers are able to lock in a pre-order price by planning in advance.
The typical transit time for pre-orders is 6–9 weeks by sea from the factory to our warehouse; however, delivery times are not guaranteed. Materials in custom sizes, thicknesses, or colors may take longer. Delays outside of our control may occur, including but not limited to port congestion, ocean freight ship capacity, shipping surcharges, customs delays, drayage delays, tariffs or changes in trade regulation, acts of war, and third-party transportation delays, all of which can add additional transit days or weeks to an order. Travertine Mart cannot control and is not responsible for such delays.
If Travertine Mart is shipping directly to Customer’s nearest port, additional transit time may be needed and this will be stated on the Estimate.
Due to the nature of pre-order prices, any pre-orders that are modified (in whole or in part), cancelled (in whole or in part) after payment is received, or returned within our 31-day Return Policy will be charged a 25% restocking fee on the entire cancelled or modified material cost.
Due to the timeframe between placing a pre-order and Travertine Mart receiving the order at its warehouse, Travertine Mart must re-quote the transportation rate to ship to Customer’s destination once the pre-order arrives at our warehouse, as transportation rates are only valid for one week.
Travertine Mart understands that Customers may need additional time once we have received their pre-order. We offer 20 days of free storage after a pre-order arrives at our warehouse. If Customer needs additional time, Travertine Mart offers storage services at a rate of $0.06 per sq ft for every month or fraction of a month after the free 20 days have passed.
17. RETURN POLICY
Travertine Mart has a 31-day Return Policy for Buy Now orders. Any and all requests for returns must be submitted in writing and approved by Travertine Mart in writing within 31 days of delivery of the material to Customer. The product must be returned in its entirety, in its original form and in the same condition as when it arrived at the original destination, and must not have been installed, removed and then returned. By “original form,” we mean in its natural state. By “in the same condition as when it arrived,” we mean that if the material was delivered on a pallet or crate, the material must be returned packaged on the same pallet or crate. The product returned must match the product authorized for return. Travertine Mart can assist with pick-up of the product, if requested. Customer will pay all return shipping fees to ship the material back to and to be unloaded at Travertine Mart’s warehouse.
This Return Policy does not apply to Standard Grade materials, clearance items, custom orders, or previously installed, sealed, or treated materials. These items are treated as final sale.
Due to the nature of pre-order prices, any pre-orders that are modified (in whole or in part), cancelled (in whole or in part) after payment is received, or returned within our 31-day Return Policy will be charged a 25% restocking fee on the entire cancelled, modified, or returned material cost.
Custom orders may not be cancelled or returned.
Container orders shipping directly from factory to Customer’s port of choice cannot be returned or cancelled once production has taken place. All custom order and container order deposits are non-refundable.
18.INSTALLATION AS ACCEPTANCE
Installation of material constitutes full and unconditional acceptance of the order. Once any portion of the material has been installed, Customer waives all rights to claim dissatisfaction or to request a replacement or refund based on appearance, color, shade, veining, porosity, texture, finish, size variation, or any other characteristic that was reasonably discoverable upon inspection prior to installation.
Once installation has occurred, Travertine Mart’s 31-day Return Policy (Section 17) is no longer applicable, and no returns will be accepted regardless of the time elapsed since delivery.
Customer is responsible for inspecting all material prior to installation, for opening all pallets, and for blending material across pallets as recommended in Section 11. Customer acknowledges that installing material without inspection constitutes acceptance of that material as delivered.
This Section does not apply to defects that were not reasonably discoverable upon inspection prior to installation, does not limit Travertine Mart’s obligations under the 1-Year Limited Warranty, and does not waive any right that applicable law prohibits from being waived.
19. GOVERNING LAW; JURISDICTION AND VENUE
This Agreement and any sales hereunder shall be governed by the laws of the State of Florida and the federal laws of the United States of America applicable therein, without regard to conflict of laws rules. Travertine Mart and Customer exclude the application of the United Nations Convention on Contracts for the International Sale of Goods.
The Site (excluding linked websites) is controlled by Travertine Mart from its offices within the State of Florida. The Site can be accessed from all states within the United States, as well as from other countries. As each of these jurisdictions has laws that may differ from those of the State of Florida, by accessing the Site the user agrees that all matters relating to access to or use of the Site shall be governed by the laws of the State of Florida and the federal laws of the United States applicable therein.
Except as provided in Section 20 (Dispute Resolution; Arbitration), Customer submits to the exclusive personal jurisdiction and venue of the state and federal courts located in Broward County, Florida, for all disputes arising out of or relating to this Agreement.
Nothing in this Section deprives a consumer of the protection of any mandatory provision of the law of the jurisdiction in which the consumer resides where such law prohibits the choice of a different governing law or forum.
20. DISPUTE RESOLUTION; ARBITRATION
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS.
20.1 Informal Resolution Required
Before commencing any arbitration or legal proceeding, the party raising a claim must send written notice describing the claim and the relief sought to the other party. Notice to Travertine Mart shall be sent to [email protected] and to 2516 SW 30th Ave, Hallandale, FL 33009. Notice to Customer shall be sent to the email and mailing address on the order. The parties shall attempt in good faith to resolve the claim for thirty (30) days following that notice. Any applicable limitations period is tolled during this period. Compliance with this Section is a condition precedent to commencing arbitration or suit.
20.2 Small Claims Exception
Either party may bring an individual claim in small claims court, or in the small claims division of any court of competent jurisdiction, provided the claim remains individual and in that forum. This Agreement does not require arbitration of such claims.
20.3 Monetary Threshold
Except as provided in Section 20.4, disputes in which the total amount in controversy is less than $10,000 shall be resolved in the state or federal courts located in Broward County, Florida, and not in arbitration.
20.4 Binding Arbitration
Except as provided in Sections 20.2, 20.3, and 20.7, all disputes arising out of or in connection with this Agreement shall be resolved by final and binding arbitration administered by the American Arbitration Association (“AAA”) in Broward County, Florida. Where Customer is a consumer, the AAA Consumer Arbitration Rules shall apply; in all other cases, the AAA Commercial Arbitration Rules shall apply, including the Expedited Procedures where the amount in controversy falls within their scope.
BY AGREEING TO ARBITRATION, CUSTOMER AND TRAVERTINE MART ARE EACH GIVING UP THE RIGHT TO SUE IN COURT, INCLUDING THE RIGHT TO A TRIAL BY JURY, AND THE RIGHT TO APPEAL, EXCEPT AS PROVIDED IN SECTIONS 20.2, 20.3, AND 20.7 AND AS PERMITTED BY THE FEDERAL ARBITRATION ACT.
The arbitrator’s decision shall be final and binding, and judgment on the award may be entered in any court of competent jurisdiction. The arbitrator shall have authority to award any relief available in a court of law, subject to the limitations in this Agreement. Allocation of arbitration fees and costs shall be governed by the applicable AAA rules; where Customer is a consumer, Travertine Mart shall bear the fees allocated to it under the AAA Consumer Arbitration Rules.
20.5 Class Action Waiver
ALL CLAIMS MUST BE BROUGHT IN THE PARTY’S INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING. The arbitrator may not consolidate more than one person’s claims and may not preside over any form of representative proceeding. If this Section 20.5 is found unenforceable as to any claim or request for relief, that claim or request shall be severed from arbitration and brought in the courts identified in Section 20.3, while all remaining claims proceed in arbitration.
20.6 Coordinated Filings
If twenty-five (25) or more substantially similar arbitration demands are filed by or with the assistance of the same counsel or coordinated entity, the parties agree that the demands shall be administered in batches of no more than fifty (50), with a single arbitrator appointed per batch, and that any applicable limitations period is tolled for demands awaiting assignment to a batch.
20.7 Relief Not Subject to Arbitration
Either party may seek injunctive relief, or relief for infringement or misappropriation of intellectual property, in any court of competent jurisdiction without first complying with Sections 20.1 through 20.4.
21. LIMITATIONS PERIOD
Any claim arising out of or relating to this Agreement or the products sold hereunder must be commenced within one (1) year after the cause of action accrues, or be permanently barred, except where a longer period is required by applicable law. This limitation does not shorten any period expressly provided in the 1-Year Limited Warranty.
22. ATTORNEY’S FEES
In any arbitration, action, or proceeding arising out of or relating to this Agreement, the prevailing party shall be entitled to recover its reasonable attorney’s fees, expert fees, and costs, including those incurred on appeal and in any collection or enforcement proceeding.
23. INDEMNIFICATION
Customer agrees to indemnify, defend, and hold harmless Travertine Mart, its parent company (Wholesale Stone, LLC), affiliates, officers, directors, employees, and agents from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys’ fees) asserted by any third party and arising out of or relating to:
This indemnification obligation shall not apply to claims resulting solely from Travertine Mart’s gross negligence or willful misconduct.
For the avoidance of doubt, recovery of attorney’s fees between Travertine Mart and Customer in a direct dispute is governed by Section 22 and not by this Section.
24. FORCE MAJEURE
Travertine Mart shall not be liable for any failure or delay in performance resulting from causes beyond its reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, civil unrest, epidemic or pandemic, government action, changes in tariffs, duties or trade regulation, port closures or congestion, labor disputes, carrier failures, quarry closures or supply interruptions, or shortages of materials, fuel, or transportation capacity. Travertine Mart shall notify Customer of any such event and may, at its option, extend the time for performance or cancel the affected order with a refund of amounts paid for the cancelled portion.
25. OTHER DOCUMENTS; ENTIRE AGREEMENT
Other than as specifically provided in any separate formal Purchase Agreement between Customer and Travertine Mart, these terms and conditions may NOT be altered, supplemented, or amended by the use of any other document(s). Any attempt to alter, supplement or amend this document, or to enter an order for product(s) which is subject to additional or altered terms and conditions, will be null and void unless otherwise agreed to in a written agreement signed by both Customer and Travertine Mart.
This Agreement, together with the 1-Year Limited Warranty, the Terms of Use, and the Privacy Policy, constitutes the entire agreement between the parties with respect to its subject matter and supersedes all prior or contemporaneous communications, representations, or agreements, whether oral or written.
26. TERMS OF USE
Customer’s access to and use of the Site is governed by Travertine Mart’s Terms of Use. By using the Site, Customer signifies acceptance without modification of the Terms of Use. The Terms of Use are subject to change at any time in Travertine Mart’s sole discretion. In the event of any inconsistency between this Agreement and the Terms of Use, this Agreement shall prevail.
27. SEVERABILITY AND SAVINGS
If any provision of this Agreement is held invalid, illegal, or unenforceable in any jurisdiction, that provision shall be modified to the minimum extent necessary to render it enforceable, or, if modification is not possible, severed from this Agreement. The remaining provisions shall continue in full force and effect. Any provision held unenforceable in one jurisdiction shall remain in full force and effect in every other jurisdiction.
Nothing in this Agreement shall be construed to waive, limit, or disclaim any right that applicable law prohibits from being waived, limited, or disclaimed, and each provision of this Agreement applies only to the fullest extent permitted by applicable law.
28. WAIVER; ASSIGNMENT; SURVIVAL
No failure or delay by Travertine Mart in exercising any right under this Agreement shall operate as a waiver of that right. No waiver shall be effective unless in writing and signed by Travertine Mart.
Customer may not assign this Agreement or any rights hereunder without Travertine Mart’s prior written consent. Travertine Mart may assign this Agreement in connection with a merger, acquisition, or sale of assets.
Sections 7 through 13 and 18 through 28 survive completion, cancellation, or termination of any order.
29. ELECTRONIC RECORDS AND SIGNATURES
Customer consents to receive communications from Travertine Mart electronically and agrees that all agreements, notices, disclosures, and other communications provided electronically satisfy any legal requirement that such communications be in writing. Customer’s electronic acceptance of these Terms of Sale, including by checkbox at checkout, constitutes a signature under the federal E-SIGN Act and applicable state law.
30. HEADINGS
The section headings used herein are for convenience of reference only and do not form a part of these terms and conditions, and no construction or inference shall be derived therefrom.
