Stoney Knoll Archaeological Supplies

TERMS AND CONDITIONS OF SALE
 

These terms and conditions of sale are the exclusive terms and conditions related to any order placed with or accepted from Seller. THE PLACEMENT OR ACCEPTANCE OF ANY ORDER INDICATES BUYER'S COMPLETE AND UNCONDITIONAL CONSENT TO AND ACCEPTANCE OF THESE TERMS AND CONDITIONS. The formation of any contract and Buyer's acceptance of any order is expressly conditioned on acceptance of all the terms and conditions of this Agreement. Any additional, inconsistent, or differing terms or conditions proposed by Buyer are hereby rejected by Seller.

1.TIME OF SHIPMENT
Delivery dates are based on Seller's estimated manufacturing times, which commence upon receipt of all engineering and manufacturing information required by Seller. Seller shall not be liable for any damage, loss, or injury as a result of any delay or failure to ship due to any cause beyond Seller's reasonable control including, but not limited to strikes, slowdowns, embargoes, riots, storms, fire, accidents, war, delay in transportation, or inability to obtain necessary labor, materials or manufacturing facilities. Any such failure or delay by Seller due to one of the foregoing or other causes beyond Seller's reasonable control shall not be considered as a breach of contract in the event of any such delay and the date of shipment shall be extended for a period equal to the time lost because of the delay.

2.DELIVERY TERMS AND RISK OF LOSS
Delivery terms, unless otherwise expressly stated, shall be F.O.B. Seller's place of business. Delivery to carrier at point of origin shall constitute delivery to Buyer and thereafter the shipment shall be at Buyer's risk. Claims for loss or damage to products in transit should be made to the carrier and not to Seller.

3.CLAIMS
Rejection of non-conforming products must be made by Buyer in writing within 10 days of receipt, and all defects ascertainable at time of giving notice shall be stated with particularity or be deemed waived. Under no circumstances shall products be returned to Seller without Seller's written permission. A claim that products are non-conforming shall not entitle Buyer to deduct any sum from any invoice unless such claim has been allowed in writing. Invoices shall be paid in full in accordance with the terms of sale and in the event of subsequent allowance of any claim Seller shall promptly pay to Buyer the amount so allowed.

4.CHANGES AND ALTERATIONS
Seller may at any time make such changes in design and construction of products as shall, in its judgment, constitute an improvement. Seller may furnish suitable substitutes for materials unobtainable because of priorities or regulations established by government authority or because materials are unavailable from suppliers. If any modification, alteration or removal of any part or product not authorized in writing by Seller results in any injury to a person or damage to property, then no warranty herein shall apply, and Buyer shall indemnify Seller against any claim, demand, loss, expense, or liability, including attorneys' fees, in any way related to such injury or damage.

5.LIMITATIONS ON WARRANTIES
Seller warrants its products will be free from defects in material and workmanship for a period of one year from the date of shipment. For products not manufactured by the Seller, it extends to Buyer the warranties of the manufacturer only, without modification. THIS WARRANTY IS EXCLUSIVE AND IN LIEU OF ALL OTHER REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, AND SELLER EXPRESSLY DISCLAIMS AND EXCLUDES ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. Any description of the products, whether made orally or in writing by Seller or Seller's agents, specifications, samples, models, bulletins, drawings, diagrams or similar materials used in connection with Buyer's order are for the sole purpose of identifying the products and shall not be construed as an express warranty. Any suggestions by Seller or Seller's agents regarding use, application or suitability of the products shall not be construed as an express warranty unless confirmed to be such in writing by Seller.

6.LIABILITIES AND CONSEQUENTIAL DAMAGES
Buyer agrees that if products are non-conforming, Buyer's exclusive remedy shall be one of the following, at Seller's option: a) repair or replacement of the non-conforming products or b) repayment to Buyer of the purchase price. Standard FOB origin terms apply. IN NO EVENT SHALL BUYER BE ENTITLED TO ANY CONSEQUENTIAL, INCIDENTAL OR CONTINGENT DAMAGES OF ANY KIND, WHETHER ARISING OUT OF BREACH OF CONTRACT, WARRANTY (INCLUDING NEGLIGENCE AND STRICT LIABILITY) OR OTHER THEORIES OF LAW, WITH RESPECT TO PRODUCTS SOLD OR SERVICES RENDERED BY SELLER, OR ANY UNDERTAKINGS, ACTS OR OMISSIONS RELATING THERETO.

7.LIMITATIONS ON SUITS AND ACTIONS
No action or suit to enforce Buyer's rights or remedies arising from this sale shall be commenced later than one year from the date of shipment.

8.APPLICABLE LAWS
All laws and regulations required to be incorporated in agreements of this character are incorporated herein by this reference. Seller certifies that these products were produced in compliance with all applicable requirements of Section 6, 7, and 12 of the Fair Labor Standards Act, as amended, and of regulations and orders of the United States Department of Labor under Section 14 thereof. All orders, sales and these terms and conditions shall be governed by and construed according to the laws of the state of Maine, excluding any choice of law rules. Seller shall be entitled to recover reasonable attorneys' fees and expenses related to collection of any amounts owed in connection with products sold to Buyer or enforcement of these terms and conditions, whether or not a suit is filed.

9.RETURNS/REFUND POLICY
You can cancel this order within two weeks after we have received it. However, items in stock ship within 24 hrs. and you will be charged for shipping on any items which have already shipped to you at the time of cancellation. You must return the cancelled items in their original packaging, upon your receipt of them, in order to facilitate a proper cancellation and credit. If you are not 100% satisfied with our products, kindly return the item or items and we will gladly refund your purchase. Items should be returned in their original packaging.

Returns should be sent via UPS Ground or FedEx Ground to:

Stoney Knoll Archaeological Supplies
423 E. Main St
Searsport, ME 04974

*No other mail should be sent to this address. Returns only.

10.FINAL AGREEMENT
Except as otherwise agreed in writing, these terms and conditions constitute the entire agreement between Seller and Buyer with respect to the subject matter hereof, and there are no understandings, agreements or representations, express or implied, which are not contained herein. These terms and conditions shall not be modified by any prior course of dealing or trade customs and usage.
 
Our Commitment To Privacy
Your privacy is important to us. To better protect your privacy we provide this notice explaining our online information practices and the choices you can make about the way your information is collected and used.

The Information We Collect:
This notice applies to all information collected or submitted on the Stoney Knoll website. The types of personal information collected here are:
-    Name
-    Address
-    Email address
-    Phone number
-    Credit/Debit Card Information (etc.)

The Way We Use Information:
We use the information you provide about yourself when placing an order only to complete that order. We do not share this information with outside parties.
We use return email addresses to answer the email we receive. Such addresses are not used for any other purpose and are not shared with outside parties.
Finally, we never use or share the personally identifiable information provided to us online in ways unrelated to the ones described above.

Our Commitment To Data Security
To prevent unauthorized access, maintain data accuracy, and ensure the correct use of information, we have put in place appropriate physical, electronic, and managerial procedures to safeguard and secure the information we collect online.

Our Commitment To Children's Privacy:
Protecting the privacy of the very young is especially important. For that reason, we never collect or maintain information at our website from those we actually know are under 13, and no part of our website is structured to attract anyone under 13.

How To Contact Us
Should you have other questions or concerns about these privacy policies, please call us at (207) 548-0080 or send us an email at info@stoneyknoll.com

Stoney Knoll products are intended for legitimate use by properly qualified members of the archaeological, scientific and law enforcement communities. We will not sell our products to anyone who traffics in antiquities, or who violates local, federal or international laws protecting archaeological resources, and we pledge our full cooperation to agencies investigating and prosecuting any such violations.
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Notice

It is our company policy to ship solely via UPS Ground, which services only the United States, Puerto Rico and most of Canada. If you are interested in international orders please contact us directly.

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