These Terms of Service govern the use of the website operated by NKDZ Caledonia LLC and the supply of stone, aggregate and related services by the company. NKDZ Caledonia LLC trades as a quarry and stone supply business from 582 S Grant St, Mapleton - 84664-4356, United States (US).
Dimension stone cutting, landscape and wall rock, crushed aggregate supply, custom stair and coping, quarry block sales, and delivery with crane placement are all supplied subject to these terms unless a separate written agreement has been signed by both parties. A customer who places an order accepts these terms on behalf of the customer and on behalf of any business the customer represents.
A person who does not accept these terms should not place an order and should not use this website. The company may update these terms from time to time, and the version posted on this website governs a new order from the date it takes effect.
1. Acceptance of These Terms
By browsing this website, by submitting an enquiry, by accepting a quote or by taking delivery of stone from the company, a customer agrees to be bound by these Terms of Service. Acceptance may be given in writing, by email, by telephone confirmation or by conduct, including the collection of a load or the acceptance of a delivery.
These terms apply to the exclusion of any other terms that the customer seeks to impose, unless the company agrees to a variation in writing and signed by an authorised representative. A purchase order or a standard form issued by a customer does not override these terms merely because it is presented after a quote.
Where a customer and the company have entered a separate written supply agreement, that agreement prevails over these terms to the extent of any conflict. In every other respect these terms continue to apply.
2. Eligibility and Authority
A customer must be at least the age of majority in the relevant jurisdiction and must have the legal capacity to enter a contract. A person who places an order on behalf of a business confirms that the person is authorised to bind that business to these terms.
The company may decline an order, request evidence of authority, or require a deposit before work begins. The company may also decline an order where the requested grade is not available, where the requested date cannot be met, or where the company reasonably considers that the order cannot be fulfilled safely or lawfully.
The customer is responsible for the accuracy of the information provided to the company. An error in a name, an address, a drawing reference or a quantity may cause a delay, and the company is not responsible for a loss that results from inaccurate information supplied by the customer.
3. Quotes and Orders
A quote issued by the company describes the service, the grade, the quantity, the price and the validity period. A quote does not reserve stock and does not guarantee a delivery date until the customer confirms the order and the company issues a ticket number.
An order is formed when the company confirms the booking and assigns a ticket number. The ticket number identifies the load, the grade, the weight and the delivery plan, and it is the reference used for every later correspondence about that order.
A quote may be withdrawn or revised before an order is confirmed. The company may correct a manifest error in a quote, and the customer may cancel without charge if the correction is not accepted. Any deposit already paid in relation to a withdrawn quote is returned to the customer.
4. Pricing, Weighing and Tickets
Stone and aggregate may be priced by the tonne, by the unit, by the square metre or by the load, as stated in the quote. Where a price is stated by weight, the weight recorded by the company weighbridge at the S Grant St yard governs the charge unless the parties agree otherwise in writing.
The weighbridge dial and the printed ticket are the official record of the load. The ticket records the tare, the gross and the net weight together with the grade and the load number. A customer may observe the weighing on request and may ask for a copy of the ticket, which the office will provide.
Prices are exclusive of applicable taxes unless the quote states otherwise. The company may adjust a price to reflect a change in the scope of the order, a change in the requested grade, a change in the delivery address or a change in the cost of haulage that is outside the control of the company. A material change is confirmed with the customer before the load is dispatched.
5. Payment Terms
Payment is due on the terms stated in the quote or the invoice. Where no terms are stated, payment is due before dispatch or on collection. The company may require a deposit for custom cut stone, for a reserved block lot or for a large delivery with crane placement.
The company may accept payment by bank transfer, by card through a payment provider, or by another method agreed in writing. The company does not accept a payment that is subject to a condition imposed unilaterally by the customer.
An overdue amount may attract interest at the rate stated in the invoice or, if no rate is stated, at the maximum rate permitted by applicable law. The company may suspend a further delivery or a further cut while an undisputed amount remains overdue. The customer is responsible for a reasonable cost that the company incurs in recovering an overdue amount.
6. Stone Grade and Natural Variation
Stone is a natural material. Colour, grain, texture, veining and porosity vary between blocks and between lots. The company grades stone honestly and describes the grade as accurately as it can, but the company cannot guarantee that a later delivery will match an earlier delivery in every visual respect.
The customer accepts that a natural variation in colour or texture is not a defect. Where a close match matters, the customer should order the full quantity from a single lot and should inspect the material at the crib before the cut is released.
Aggregate is produced to a nominal screen size and to a stated specification. A slight variation in the grading curve or in the fines content is normal within the stated tolerance. Where a project has a strict specification, the customer should provide that specification with the order so the company can confirm that the requested grade meets it.
7. Samples and Inspection
The company keeps sample blocks at the yard so that a customer can compare grades before committing to an order. A sample is a fair representation of the grade and not a guarantee that every unit will be identical to the sample.
A customer may inspect a cut or a crushed lot before it is dispatched. Inspection should be booked with the office so that the material can be presented at the crib. Once a load is released after inspection, the customer is taken to have accepted the grade, subject to the defect provisions in these terms.
The company may retain a reference sample of a lot for a reasonable period so that a later question about grade can be assessed fairly.
8. Delivery and Crane Placement
Delivery is made to the address stated on the ticket during the booked window. The customer must ensure that the delivery point is accessible to the company vehicle and that a suitable person is available to receive the load and sign the ticket.
Where crane placement has been ordered, the customer must confirm the ground conditions, the lifting plan and the placement line before the crew arrives. The company may decline to place a load where the site is unsafe, where the ground cannot support the crane, or where the instruction would place a person at risk.
A waiting time beyond the booked window that is caused by the customer may attract a standing charge. If the load cannot be delivered because the site is inaccessible or unsafe, the company may return the load to the yard and charge a reasonable haulage cost.
9. Yard Collection
A customer who collects from the yard must arrive during business hours and must present the ticket number or the booking name. The customer must ensure that the collecting vehicle is suitable for the weight and the height of the load and that it is lawfully loaded and secured.
The company will weigh and ticket a collection in the same manner as a delivery. The customer is responsible for the secure restraint of the load once it leaves the weighbridge and for compliance with every road transport rule that applies to the vehicle.
A person who enters the yard must follow the safety directions of the company, must remain clear of operating machinery and working faces, and must wear any protective equipment that the company requires.
10. Risk and Title
Risk in the goods passes to the customer when the goods are loaded onto the collecting vehicle or, in the case of a delivery, when the goods are placed or tipped at the delivery point as instructed on the ticket.
Title to the goods passes to the customer when the company has received payment in full for the goods and for any related delivery or placement charge. Until title passes, the customer holds the goods on behalf of the company and must keep them identifiable.
Where title has not passed and the customer resells the goods, the customer holds the proceeds of the resale on trust for the company to the extent of the outstanding amount.
11. Cancellation and Changes
A customer may request a change to an order before the cut, crush or loading has begun. The company will confirm whether the change is possible and whether it affects the price or the delivery date. A material change may require a new quote and a new ticket.
A cancellation of stocked material before dispatch may be accepted without charge. A cancellation of custom cut stone, of a reserved block lot or of a scheduled crane placement after work has begun may attract a charge for the work already performed and for the material already committed.
The company may cancel an order where the requested material is unavailable, where a safety or legal issue arises, or where the customer fails to pay a deposit or an overdue amount. On a cancellation by the company for a reason not caused by the customer, any payment for goods not supplied is refunded.
12. Returns and Claims
A claim that goods are defective or that goods do not match the order must be raised promptly and, in any event, within a reasonable time of delivery so that the company can inspect the material while it is still identifiable. The customer should retain the ticket and, where possible, photographs of the material as delivered.
Where a claim is valid, the company may repair, replace or reimburse the affected material, at the option of the company. Stone that has been cut, installed, buried or otherwise altered by the customer may not be returned unless the company agrees in writing.
Aggregate that has been incorporated into a road, a slab or a drainage system is taken to have been accepted. A claim about grade should therefore be raised at the time of delivery, when the material can still be inspected in the stockpile or on the truck.
13. Warranty and Disclaimers
The company warrants that the goods will match the grade and the description stated on the ticket and that the services will be performed with reasonable care and skill. This warranty is subject to the natural variation provisions in these terms and to the proper use and handling of the material by the customer.
Except as stated in this section, the company gives no other warranty, whether express or implied, including any implied warranty of merchantability or of fitness for a particular purpose, to the fullest extent permitted by applicable law. The customer is responsible for confirming that the chosen grade suits the intended use.
The company does not warrant that this website will be free of interruption or error, or that the website will be free of a harmful component introduced by a third party. The company takes reasonable steps to keep the website available and secure but does not promise uninterrupted access.
14. Limitation of Liability
To the fullest extent permitted by applicable law, the company is not liable for an indirect loss, a consequential loss, a loss of profit, a loss of contract, a loss of goodwill or a loss of anticipated saving, whether the claim is framed in contract, in tort or in another legal theory.
The total liability of the company for a claim arising out of an order is limited to the amount paid by the customer for the goods and services that gave rise to the claim. This limit does not apply to a liability that cannot lawfully be limited, including a liability for death or personal injury caused by the negligence of the company.
The company is not liable for a delay or a failure caused by an event outside the reasonable control of the company, as described in the force majeure section of these terms. The customer is responsible for the safe storage, handling and installation of the goods after delivery.
15. Indemnity
The customer indemnifies the company against a claim, a loss or a cost that the company incurs because the customer has supplied inaccurate information, has used the goods in an unsafe or unlawful manner, has failed to secure a load, or has breached these terms.
The customer also indemnifies the company against a claim arising from the condition of the site, from an instruction given to the delivery crew, or from an interference with the goods after delivery. This indemnity does not cover a loss that the company caused by its own negligent act or omission.
The indemnity in this section survives the completion of an order and continues for as long as a claim relating to that order may be brought.
16. Site Safety and Access
A working yard contains hazard that a visitor may not expect. A visitor must report to the office on arrival, must follow every safety sign and direction, and must not enter a working face, a crusher, a stockpile or a machinery area without an escort.
A customer who arranges a delivery or a crane placement must provide accurate access information, including a gate width, a height restriction, a ground condition and any other factor that may affect the approach. The company may stop a placement that cannot be performed safely.
The company may close the yard, restrict access or suspend a service where a safety, weather or maintenance condition requires it. The company will reschedule an affected order as soon as it reasonably can.
17. Intellectual Property
The content of this website, including the text, the layout, the styling and the graphics, is owned by the company or is used with permission. A visitor may read and print a page for personal or internal business use, but may not copy, republish or redistribute the content for a commercial purpose without written permission.
The trading name NKDZ Caledonia LLC and any related mark must not be used in a way that suggests a connection with, or an endorsement by, the company without written permission. A link to this website is welcome where the link is honest and does not misrepresent the company.
A customer drawing or specification that the customer provides to the company remains the property of the customer, and the company uses it only to quote and to complete the order.
18. Acceptable Use of the Website
A visitor must use this website lawfully and must not attempt to interfere with its operation. A visitor must not introduce a harmful component, attempt to gain unauthorised access, scrape the content at scale, or use the contact form to send an unsolicited commercial message.
The company may suspend or refuse access to a visitor who breaches this section. The company may also report a serious breach to the relevant authority. The company cooperates with a lawful request that relates to the misuse of the website.
The contact form is provided so that a genuine enquiry can reach the yard office. A message that is abusive, misleading or unrelated to the business of the company may be discarded without a response.
19. Force Majeure
The company is not liable for a failure or a delay caused by an event outside the reasonable control of the company. Such an event includes severe weather, a flood, a fire, an earthquake, a strike, a labour dispute, a transport failure, a fuel shortage, an outbreak of disease, a cyber incident, a change in law and a decision of a public authority.
Where a force majeure event affects an order, the company will notify the customer as soon as it reasonably can and will take reasonable steps to reduce the effect of the event. The delivery date is extended by the duration of the event.
If a force majeure event continues for a prolonged period, either party may cancel the affected part of the order by written notice without liability beyond payment for the goods actually supplied.
20. Governing Law and Disputes
These terms are governed by the law of the jurisdiction in which the company is established, and the courts of that jurisdiction have exclusive jurisdiction over a dispute, unless a mandatory rule of the consumer law of the home jurisdiction of the customer provides otherwise.
The parties will first attempt to resolve a dispute by good faith discussion between a representative of the customer and a representative of the company. A party who wishes to begin that discussion should send a written notice that describes the dispute and the outcome sought.
If the discussion does not resolve the dispute within a reasonable period, either party may refer the matter to the competent court. Nothing in this section prevents a party from seeking urgent relief where the circumstances require it.
21. General Provisions
If a provision of these terms is found to be invalid or unenforceable, that provision is severed and the remaining provisions continue in full force. A failure by the company to enforce a provision on one occasion is not a waiver of the right to enforce it on another occasion.
A customer may not assign or transfer a right or an obligation under these terms without the written consent of the company. The company may assign a right to an affiliate or to a successor in connection with a reorganisation or a sale of the business.
These terms, together with the quote and the ticket for a particular order, form the entire agreement between the parties about that order and replace any earlier discussion or representation. A variation of these terms is effective only when made in writing and accepted by both parties.
A notice under these terms may be sent by email to the address that the parties have used for the order, or by post to the registered address of the recipient. A notice sent by email is treated as received on the next working day if no delivery failure is reported.
22. Contact Information
A question about these Terms of Service, a quote or an order can be sent to the yard office. The company will review the matter and respond within a reasonable time.
The company values a clear and fair relationship with every customer and welcomes the opportunity to address a concern directly before it becomes a dispute.