Terms and Conditions

Each purchase from Rolling Rock Building Stone, Inc. (“Rolling Rock”) acknowledges the following terms and conditions of sale:

General Information – Customers are encouraged to consult a Rolling Rock representative to receive a written project quotation. Written quotations cannot be guaranteed longer than 14 days. Additionally, it is suggested to order more than enough goods for your project as our inventory is dynamic and what is here today may not be here tomorrow. Natural stone products are raw materials and are not finished goods.

Bulk stone is sold in minimum quantity of full pallet/crate. Less than full pallet/crate is subject to additional fee and/or an upcharge per ton price, whichever is less. Any exception will be stipulated on an instance basis. Prepackaged crates/pallets are sold in full crate/pallet lots to resellers. Any partial crates/pallets and piece count orders will be subject to an additional fee. Choice for color, texture, or any variation of specific request, may be subject to a hand-select fee.

Most products on www.RollRock.com or on a Rolling Rock price list are raw materials. More than what a customer needs should be estimated by the customer placing the order with Rolling Rock. This way an appropriate budget can be set, and an appropriate order can be placed to account for cutting and waste. This process does not grant permission for a customer to return what is not installed. Unused goods are not returnable.

Terms – Price quoted and/or published is F.O.B. Boyertown, PA 19512. Delivery, handling, taxes are additional. Price is based on unit. Any minimum requirements noted herein, or quoted per Rolling Rock representative will be recognized as the requirement for sale at published price. Previously paid prices and published prices are subject to change and can do so at any time. Quotations and price lists are valid no more than 14 days. All items are priced per unit. There are many unit types from the many variety of products. Rolling Rock approved line of credit, Visa, MC, AmEx, Pennsylvania issued check, or CASH are accepted at time of invoice. Rolling Rock line of credit applications are accepted from PA contractors and resale applicants only.

Order Process – Submit a written purchase order via email. Rolling Rock representative will review and confirm the order. Once order has been accepted and confirmed it will be processed. No returns on natural stone. All invoices final. Requests to add/remove/change item or quantity from existing purchase orders must be made to Rolling Rock via email. Changes made after purchase orders are processed may not be fulfilled. If change is possible, the ship/pick up date will be updated. Backorders may be communicated to customers via email and electronic backorder notifications. Backorders will ship with next truckload or LTL shipment. All backorders will remain open unless requested to cancel.

Order Procedure – Purchase orders are accepted via E-mail. Purchase orders must contain the following information for processing:

1. Purchase order number
2. Ship to full name and address
3. Purchasing agent contact name and phone number
4. Rolling Rock item numbers
5. Quantity including unit of measure
6. Price (unit price)
7. Customer requested ship date
8. Detailed shipping instructions or special requests (ex. delivery time, forklift, Moffit, etc.)
9. Name of carrier and account number (collect only)
10. Bill to address (third party billing only)

Change to Purchase Order – Requests to add/remove/change item or quantity from existing purchase orders must be made to Rolling Rock via email. Changes made after purchase orders are processed may not be fulfilled. If change is possible, the ship/pick up date will be updated.

Special Order – Any item not in stock, cut or order, or otherwise not included on any published Rolling Rock product list is subject to Special Order Terms & Conditions. This includes and is not limited to special terms of prepayment and/or prepaid deposit, no cancellation or returns accepted. See the Special Order Terms & Conditions document for complete details.

Freight – Delivery is additional. Make independent arrangements or contact your sales representative for a delivery quotation to your stock location, or jobsite location based on Rolling Rock rate per truckload. Due to circumstances beyond our control, many jobsite deliveries are not possible to be serviced directly by Rolling Rock logistics, and LTL orders on fragile items may not be accepted.

Shipping Goods, Acceptance and Handling – Goods must be handled according to Rolling Rock specifications. Rolling Rock inspects all goods prior to shipping for accuracy and/or damages. Rolling Rock has the right to refuse to load any vehicle determined to be unsafe or improperly equipped to secure the goods for safe over-the-road transportation. Rolling Rock is not responsible for broken goods and/or loss of material when transported by customer directly or by a customer arranged delivery.

All those who handle goods and are appointed by a customer of record must accept responsibility for the goods at the time goods are placed in their custody. This may be when the goods are loaded onto a vehicle. Rolling Rock is not liable for injury or damages caused by loss of goods during transportation by any third party. Private, hired or contract commercial carrier(s) are those responsible for the goods once accepted by signature of an invoice or packing list. Rolling Rock has no control over the custody of the goods in the possession of any third party.

All those transporting the goods are responsible for inspecting goods prior to departure for any damages. This is done prior to strapping and securing the goods as safe for transportation. Once goods are loaded on vehicle, do not fasten or strap so tightly that it causes damage to the goods. Cranks and straps can easily damage fragile goods. All damage caused in this way is the responsibility of the customer and/or hired/contracted carrier.

Specifications – Published sizes are categorical and/or nominal in nature. For more information, consult a Rolling Rock Representative and reference our website.

Availability – Published items are stock items. Call for current availability in advance of need and/or when a quotation is needed for a large quantity. Special order and non-stock items are quoted on request. All written quotations include an expiration date.

Claims/Returns – To submit a claim after receiving goods, do so within 48 hours of receipt of goods. Material returns require a request for a return authorization. Return requests received will be considered in a timely fashion and must contain the following information for processing:

1. Purchase order number
2. Rolling Rock item number
3. Quantity
4. Reason for claim/return

20% restocking fee applies for returns requested after 48 hours from invoice date
100% restocking fee applies for any returned product that is identified as scrap
All accepted return value will be credited to the customer as a credit memo
Rolling Rock errors and exchange requests will be considered. Submit an error/exchange using the procedure above.

Claims/Returns denied if:

• Product is loose natural stone, or packaged in wood packing
• Color or texture is the reason for requested claim/return
• Discontinued, sale item, or obsolete material
• Date of claim/return is past 30 days from invoice date

Warranty Disclaimer – NATURAL STONE PRODUCTS ARE PROVIDED TO YOU “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

Installation Warranty – ROLLING ROCK NATURAL STONE IS SOLD AS A RAW MATERIAL. IT IS NOT SOLD AS AN INSTALLED PRODUCT. LICENSED INSTALLERS AND COMPANIES THAT DESIGN INSTALLATION SYSTEMS WILL WARRANTY INSTALLATIONS AS THEY SEE FIT.

NATURAL STONE IS A RELATIVELY HARD, NATURALLY FORMED MINERAL OR PETRIFIED MATTER, PRODUCED IN NATURE. THEREFORE, CONSIDERABLE VARIATIONS INCLUDING, BUT NOT LIMITED TO, COLOR, TEXTURE, SIZE, AND CLEFT WILL OCCUR IN NATURAL STONE. SAMPLES, SAMPLE PANELS, BROCHURES, PHOTOGRAPHS, COMPUTER-GENERATED PICTURES, AND ITEMS VIEWED ON THE INTERNET MAY BE, IN SOME MEASURE, DIFFERENT FROM THE STONE YOU ACTUALLY RECEIVE. LABORATORY TESTS, IF CONDUCTED, ARE PERFORMED ON SMALL SAMPLES AND CANNOT BE TOTALLY ACCURATE BECAUSE OF THE LIMITED SCALE OF THE TESTS.

Use of Chemicals ACID AND/OR CHEMICAL SEALERS AND CLEANERS CANNOT BE RECOMMENDED BECAUSE OF THE INABILITY OF THE USER TO CONTROL USE. USER ACCEPTS ALL RISKS. CONSULT MANUFACTURER FOR DETAILS ON THE USE OF SUCH A PRODUCT. ICE MELT PRODUCTS ARE INCLUDED IN THIS DISCLAIMER.

Safety Notices USE SAFETY GLASSES AND GLOVES TO PROTECT THE EYES AND HANDS WHEN CUTTING AND TRIMMING STONE. CLOTHING THAT COVERS ALL EXPOSED SKIN SHOULD BE A STANDARD WHEN WORKING. DRY SAWING NATURAL STONE IS NOT RECOMMENDED SINCE THE DUST MAY CONTAIN CRYSTALLINE SILICA WHICH MAY BE A POTENTIAL HEALTH HAZARD. USE OF A WET SAW IS RECOMMENDED.

Rolling Rock Building Stone, Inc. (“Rolling Rock”) website’s Terms and Conditions.

We have posted these Terms and Conditions to be in compliance with numerous laws that regulate the provision of information and services on the Internet. After reviewing these Terms and Conditions, if you have questions about Rolling Rock and/or about the use of materials on our website, please contact our webmaster. (See Contact Us Page)

TERMS & CONDITIONS

The following Terms and Conditions shall govern the Rolling Rock website (the “Site”).

The terms “you” and “user” as used in this Agreement refer to all individuals and/or entities accessing this Site for any reason.

By accessing and using the Site, you acknowledge that you have read and understand these Terms and Conditions, and that you accept them and agree to be legally bound by them. You should not use the Site if you have any objections to any of these Terms and Conditions.

Rolling Rock may revise these Terms and Conditions over time as new features are added to the Site or as Internet law and standards evolve. We will post those changes prominently but we do recommend that you read these Terms and Conditions each time you visit the Site.

1. Copyright and Permissions

Please feel free to browse the Site. You may download or make single copies of materials displayed on the Site for your own personal and noncommercial use, provided that all copies shall retain the copyright, trademark and other proprietary notices displayed with the materials on the Site.

You may not distribute, transmit, copy, download or otherwise make available any material from the Site, including any text, images, audio clips, or video clips for public or commercial use, without the prior written permission of Rolling Rock; you also may not reproduce, distribute, transmit, publicly display, publicly perform, publish, license, modify, rewrite, create derivative works from, transfer or sell any material contained on the Site without prior written permission.

None of the material contained on the Site (including all software, HTML code and other code) may be reverse-engineered, disassembled, decompiled, transcribed, stored in a retrieval system, translated into any language or computer language, retransmitted in any form or by any means (electronic, mechanical, photo-reproduction, recordation or otherwise), resold or redistributed without the prior written permission of Rolling Rock.

Except as otherwise noted, all content of the Site is:

©2001-2022 Rolling Rock Building Stone, Inc. All Rights Reserved.

Rolling Rock has adopted a policy of terminating services to users who willfully and/or repeatedly infringe.

For further information regarding permission to use material, please contact us. Please go to the “CONTACT US” page and address your request to “MARKETING” or telephone the office and ask for the Marketing Department.

2. Trademarks/Service Marks

The trademarks/service marks and logos (collectively the “Marks”) displayed on the Site identify the products and services of Rolling Rock, its advertisers and other third parties, and to inform the public as to the source of those products and services. Nothing contained on the Site should be construed as granting any right or license to use any Mark displayed on the Site. Your misuse of any Mark is strictly prohibited, including without limitation, your use of the Marks in any of the following ways:

• In a manner likely to cause confusion;
• To identify your products or services;
• In, as, or part of your own trademarks or services marks;
• In a manner that implies inaccurately a sponsorship, endorsement or other connection with your products, services or other activities; or
• In a manner that disparages or dilutes the Marks.

You are also advised that Rolling Rock will enforce its intellectual property rights to the fullest extent of the law. You agree not to display or otherwise inappropriately use the Marks without prior written permission from Rolling Rock. Please make such requests by going to the “CONTACT US” page and address your request to “MARKETING” or phone the office and ask for the Marketing Department, and we will be prompt with our response.

3. Privacy

This Privacy Policy is a part of the Site’s Terms and Conditions which is binding on all Site users. The policy of Rolling Rock Building Stone, Inc. (“Rolling Rock”) is to respect and protect the privacy of our users. Rolling Rock includes as part of its mission, the constant effort to build users’ trust and confidence in the Internet by promoting fair information practices. To fulfill this mission, Rolling Rock agrees to exercise reasonable precautions to maintain the confidentiality of information provided by you in connection with accessing and using the Site. Because we gather certain types of personally identifiable information (“Personal Information”) from users of our Site, (limited to information supplied on the “CONTACT US” page) we feel you should know how we use, disclose, manage, and store the Personal Information that you may voluntarily provide us. Rolling Rock agrees to post prominently and in plain language its specific privacy policies. This Privacy Policy sets forth Rolling Rock’s current policies and practices with respect to nonpublic personal information of the users of the Site. Your continued participation on this Site indicates your acceptance of this Privacy Policy and of the collection, use, disclosure, management and storage of your Personal Information as described below. For our full Privacy Statement, see our PRIVACY POLICY

4. Disclaimers and Limitation of Liabilities and Warranties

The Site may contain technical inaccuracies, typographical errors, and out of date information. The Site makes no representations as to the accuracy, reliability, completeness, or timeliness of the information posted, and the Site makes no warranty that the Site will meet your requirements. You understand, acknowledge, and agree that your use of the Site is at your own risk. Rolling Rock reserves the right to make changes to the Site at any time.

ROLLING ROCK SHALL NOT BE LIABLE FOR ANY SPECIAL, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, INCLUDING WITHOUT LIMITATION, LOST REVENUES OR LOST PROFITS, WHICH MAY RESULT FROM THE USE OF, ACCESS TO, OR INABILITY TO USE THE SITE. (BECAUSE SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.) ROLLING ROCK MAKES NO WARRANTY, EXPRESS OR IMPLIED, AS TO THE MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE WITH RESPECT TO ANY OF THE MATERIALS/SERVICES AVAILABLE FROM THE SITE, ALL OF WHICH ARE BEING OFFERED “AS IS.” ROLLING ROCK ASSUMES NO RESPONSIBILITY AND SHALL NOT BE LIABLE FOR ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT, YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO, USE OF, OR BROWSING THE SITE OR YOUR DOWNLOADING ANY MATERIALS FROM THE SITE.

5. Intellectual Property Limitation of Liability

Rolling Rock respects the intellectual property of others, and we ask visitors to the Site to do the same. If you believe that your work has been used in a way that constitutes copyright infringement, the following information in the form of a written notification [pursuant to 17 U.S.C. § 512(c)] must be provided to a designated Copyright Agent of Rolling Rock:

1. Identification of the copyrighted work(s) that you claim has been infringed;
2. Identification of where the material that you claim to be infringing is located on a Site;
3. A statement that you have a good faith belief that use of the disputed material is not authorized by the copyright owner, its agent, or the law;
4. A statement that the information in the notification is accurate, and under penalty of perjury, that you are the owner of an exclusive copyright that is allegedly infringed or are authorized to act on the copyright owner’s behalf;
5. Your address, telephone number, and email address; and
6. Your physical or electronic signature.

The designated agent of Rolling Rock for notification of claims of copyright infringement on the Site is our Webmaster who can be reached as follows:

Address: 40 Rolling Rock Road, Boyertown, PA 19512
Telephone: (610) 987-6226
Fax: (610) 987-9779

Similarly, if you believe that any of your trademarks or service marks has been infringed, please notify our Webmaster

6. Dispute Resolution

Any action based on a breach of the terms herein shall be brought to the federal or state courts presiding in the Commonwealth of Pennsylvania, whichever is appropriate, and to whose jurisdiction you consent in such an action. If a breach is found by the court, the court shall have the right to issue an injunction to prevent such a breach, and grant to Rolling Rock its damages and attorneys’ fees and such other and further relief as the court may deem appropriate.

7. Applicable Laws and Jurisdictional Issues

The Site shall be governed by the laws of the United States, including federal copyright and trademark laws, and with the laws of the Commonwealth of Pennsylvania applicable to contracts entered into and to be wholly performed therein without regard to conflict of laws or choice of laws principles. By visiting and using the Site, you consent to the jurisdiction of the federal and state courts presiding in Pennsylvania and you agree to accept service of process by mail. You hereby waive any and all jurisdictional and venue defenses that might otherwise be available.

8. Force Majeure

Notwithstanding any other provision contained in these Terms and Conditions, in the event that the performance of any obligation of Rolling Rock is prevented due to acts of God, exchange controls, export or import controls, or any other government restriction, wars, hostilities, blockades, civil disturbances, revolutions, strikes, lockouts, or any other cause beyond the reasonable control of Rolling Rock, then Rolling Rock shall not be responsible to you for any failure or delay in the performance of its obligations. Rolling Rock shall promptly notify you of such force majeure condition. The terms of this clause shall not exempt, but merely suspend, Rolling Rock from its duty to perform until as soon as practicable after a force majeure condition ceases to exist.

9. Headings

The headings of each of these Terms and Conditions are for convenience of reference only. Such headings shall be ignored in the interpretation or construction of any of these terms and conditions.

10. No Assignment

You may not assign your rights or obligations under this Agreement without the prior express written consent of Rolling Rock.

11. Invalidity of Provisions

In the event that any portion of these Terms and Conditions is held to be unenforceable, the unenforceable portion shall be construed in accordance with applicable law as nearly as possible to reflect the original intention and the remainder of the provisions shall remain in full force and effect.

12. No Waiver

Any failure by Rolling Rock to insist upon or enforce strict performance of any provision of these Terms and Conditions shall not be construed as a waiver of any provision or right.

13. Changes to the Terms and Conditions

No changes to these Terms and Conditions shall be made except by a revised posting on this page, and no advice or other information provided by the Site or its representatives to any user in any manner which is not posted on this page will constitute any amendment of, waiver or change to these Terms and Conditions, unless such an amendment, waiver or change is in writing from an authorized officer or representative of Rolling Rock.

14. Complete Understanding

These Terms and Conditions constitute the entire understanding between Rolling Rock and you with respect to the Site.

BY USING THE SITE, YOU SIGNIFY YOUR ASSENT TO THESE TERMS AND CONDITIONS AND ANY SUBSEQUENT MODIFICATIONS. AS A CONDITION OF YOUR USE OF THE SITE, YOU WARRANT THAT YOU WILL NOT USE THE SITE FOR ANY PURPOSE THAT IS UNLAWFUL.

For more information about Rolling Rock or if you have any questions about our Terms and Conditions, please contact us in writing, via telephone, or use our “CONTACT US” page. Please specify the information you wish (ex. “Questions on Terms and Conditions”), and your request will be addressed promptly. We would be happy to answer your questions or hear your concerns.

Last Updated: November 5, 2013

PRIVACY POLICY

1. Policy

This Privacy Policy is a part of the Site’s Terms and Conditions which is binding on all Site users. The policy of Rolling Rock Building Stone, Inc. (“Rolling Rock”) is to respect and protect the privacy of our users. Rolling Rock includes as part of its mission, the constant effort to build users’ trust and confidence in the Internet by promoting fair information practices. To fulfill this mission, Rolling Rock agrees to exercise reasonable precautions to maintain the confidentiality of information provided by you in connection with accessing and using the Site. Because we gather certain types of personally identifiable information (“Personal Information”) from users of our Site, (limited to information supplied on the “CONTACT US” page) we feel you should know how we use, disclose, manage, and store the Personal Information that you may voluntarily provide us. Rolling Rock agrees to post prominently and in plain language its specific privacy policies. This Privacy Policy sets forth Rolling Rock’s current policies and practices with respect to nonpublic personal information of the users of the Site. Your continued participation on this Site indicates your acceptance of this Privacy Policy and of the collection, use, disclosure, management and storage of your Personal Information as described below.

2. Collection and Use of Information

Generally, you may browse our Site without providing any Personal Information. We do not collect personal information about individuals. The only exception to this policy is information you specifically and knowingly provide when filling out the “CONTACT US” page. This information is used solely to provide you with an answer to your request for information. Once a response to your inquiry is completed, we do not deliberately retain that contact information in a separate database of any kind. We will never use it to contact you unless you have specifically asked us to do so. Some e-mail programs automatically retain a copy of sent correspondence and the e-mail address to which it was sent. This is a default function of the program that we use. Also, sound business practice dictates retaining a copy of some correspondence, and we may do so in your case.

If you ask us to, we may forward your inquiry to an established authorized reseller who we feel can adequately care for your request. Please be advised though, they are not bound by our privacy policy.

(For more information on “cookies” and our policy on the use of cookies see below)

3. Disclosure of Information

We will not sell, exchange, rent, lease or otherwise disclose your Personal Information or sensitive personal information to any third party without your consent. However, Rolling Rock may disclose personal information in special cases: (1) when we have reason to believe that disclosing this information is necessary to identify, contact, or bring legal action against someone who may be causing injury to or interference with (either intentionally or unintentionally) the rights of Rolling Rock or to anyone that could be harmed by such activities; (2) when we believe in good faith that the law requires it; (3) to any affiliate or to any third party who may acquire Rolling Rock; and (4) in situations involving threats to the physical safety of any person.

4. Security of Information

You can be assured that personal information collected through the Site is secure and is maintained in a manner consistent with current industry standards.

5. “Cookies”

You should be aware that non-personal information and data may be automatically collected on the Site through the use of “cookies.” “Cookies” are small text files (no larger than 4k) stored as text on a computer hard drive. Websites can use “cookies” to recognize repeat visitors, facilitate the visitor’s ongoing access to and use of the site, and allow a site to track usage behavior and compile aggregate data that will allow content improvements. “Cookies” are not programs that come onto a visitor’s system and damage files. The use of “cookies” is common in the Internet industry, and many major websites use them to provide useful features to their customers. Generally “cookies” work by assigning a unique number to the visitor that has no meaning outside the assigning site. If a visitor does not want information collected through the use of “cookies”, there is a simple procedure in most browsers that allows the visitor to deny or accept the cookie feature. Rolling Rock uses “cookie” technology but only to obtain non-personal information from online visitors in order to improve their online experience and facilitate their visit within the Site.

6. Links to Third Party Websites

The Site may contain links to the website of third parties not affiliated with Rolling Rock. You understand, acknowledge and agree that these links are provided solely as a convenience to you and not as an endorsement by the Site or Rolling Rock of the content, advertising or business practices. Rolling Rock is NOT responsible for the privacy practices or the content on any of other websites, including any Site that may indicate a special relationship or “partnership” with Rolling Rock. Rolling Rock does not disclose unique identifiers to those responsible for the linked Site. The linked Site, however, may collect personal information from you when you link to their site. This collecting of information is not subject to the control of Rolling Rock. To ensure protection of your privacy, always review the privacy policies of the Site you visit by linking from the Site.

7. Our Commitment to Children’s Privacy

Protecting the privacy of the very young is especially important. We never collect or maintain information at the Site from persons we know to be under age 13, and no part of our Site is designed to attract anyone under age 13. Please do not communicate with or contact us if you are under age 13. By your participation in our Site activities, you certify that you are at least 13 years of age and meet any other eligibility requirements of the Site.

8. Changes to this Privacy Policy

Rolling Rock may revise this Privacy Policy over time as new features are added to the Site or as Internet law and standards evolve. We will post those changes prominently but we do recommend that you read this Privacy Policy each time you visit the Site. Changes will not apply retroactively to personal information that was collected before the changes to the Privacy Policy, except as may be required by law.

Photo Use and Application Policy

Proprietary Use of Photos

All photos used in our color literature, sent via E-mail, or located on our website are the property of Rolling Rock Building Stone, Inc. and cannot be used without written consent from Rolling Rock Building Stone, Inc. They are intended for your private use, only when viewing this site or other printed or digital media.

Photo Application

Images used in our color literature, sent via E-mail, or located on our website are not intended to be used as the sole basis to make your final stone selection. The color and quality of the individual photos may not be accurate due to the ability and limitations of the various photographers and camera equipment used to obtain the pictures. Environmental factors such as harsh sunlight or overcast sky will also have an impact on true color rendition. Please be aware that the resolution of your color monitor may limit your ability to view a high-quality image. It is highly recommended that before you finalize your stone selection, that you visit our facilities or an authorized distributor in your area to view inventory or sample displays as available. If a visit is not possible or practical, please request samples. Please remember that photos are only intended to create a general feel for the product.

PORTAL TERMS OF USE

This Terms of Use (“Terms”) describes the terms and conditions that apply to your use of the Rolling Rock Building Stone, Inc. (“RRBSI,” “RollRock”, “us,” “our,” or “we”) online Customer Portal, located at portal.rollrock.com (the “Portal”), including any features and services we provide on the Portal (the “Services”). You may agree to these Terms by indicating your acceptance, or simply by logging into and using the Portal. You may access the Portal only if you agree to these Terms.

These Terms are effective as of the date posted above. However, we may modify these Terms at any time and without notice to you. As of the effective date listed above, the posted Terms will supersede and replace any prior terms and any modifications will take effect. Please check this page regularly to ensure that you are aware of the current Terms.

Our Services


We intend our Portal and Services to be used only by qualified and/or licensed professionals (“reseller”, “contractor” or “you”). Where allowed by applicable law and these Terms, you may designate individuals to use the Services on your behalf (each, a “Delegate”). You must comply with the process for appointing a Delegate described in these Terms. Only Delegates (referred to as “Authorized Users”) may access the Portal or use the Services.

Our Services allow Authorized Users to order certain RollRock assets, and other information available on the Portal. We may modify or discontinue any aspect of our Services at any time and without notice

Additional Agreements


These Terms include terms from other agreements between you and RRBSI – specifically, the RRBSI Privacy Policy and our corporate website RRSBI Terms and Conditions. However, these Terms do not apply to third-party sites that we do not control. Third-party sites may have separate terms or agreements that apply to your use of those sites or services. Please read all applicable agreements carefully to ensure that you are aware of our practices, third-party practices and all terms and conditions applicable to you.

AUTHORIZED USER RESPONSIBILITIES

COMPLY WITH APPLICABLE LAW


You understand and agree that when you use the Services you will have access to confidential, sensitive and personal information. It is your responsibility to comply with all laws, regulations, directives and guidance applicable to that information. International, state and local laws may apply. We are located in Pennsylvania, USA. Laws regulating the transfer of personal data to the U.S. may also apply.

KEEP YOUR ACCOUNT AND INFORMATION SECURE

You will use a unique username and password to access the Portal. You are responsible for keeping your username and password confidential. You are also responsible for all uses of your account, including if performed by a Delegate – even if that Delegate is not considered an Authorized User. To maintain account security, we recommend that you change your password regularly and when you have any reason to believe that your password has been compromised. You may change your password by clicking “Forgot your password?” You must immediately notify us of any unauthorized access to your account, or if you suspect your account has been compromised. We will not manage or have access to your password, so we will not be able to retrieve it for you if you misplace it.

You agree that you are responsible for any misuse of your account, even if you are unaware of the misuse. You may also be liable to us or third parties for any misuse of the Portal or our Services through your account, including liability that arises under HIPAA and other applicable law. You must not use anyone else’s account unless you have his or her written permission. You must not provide your password to anyone else, including any representative of RRBSI. You may terminate your access credentials by calling our Customer Service department at our corporate office.

You agree that you are responsible for any further uses you make of the information accessed through the Portal. For example, if you download, it is strictly for you and your company’s use and is not transferable. Copyright laws apply.

PROPERLY AUTHORIZE DELEGATES

You may authorize Delegates to access the Portal and use our Services on your behalf. To authorize a Delegate, you must first ensure that your use of a Delegate is permitted under applicable law (which you agree is your responsibility to determine). If legally permitted, once you have selected a Delegate, you must notify us of your selection and complete any required paperwork. We will provide unique login information for your Delegate, which he or she may use only once the Delegate expressly accepts these Terms. You should not provide the Delegate with your access credentials or login information.

PROPERLY RESTRICT DELEGATE’S USE OF THE PORTAL AND SERVICES


By permitting a Delegate to access the Portal or any Services on your behalf, you agree that each Delegate:

1. is currently employed by or under contract with you;
2. has your personal authorization to access the Portal and Services;
3. is accessing or providing information only as directed and instructed by you;
4. will use and disclose the information obtained through the Portal in compliance with applicable laws and policies; and
5. is accessing the Portal in an authorized manner and using his/her own unique account and credentials. You are responsible for obtaining guidance regarding compliance with all applicable laws in your jurisdiction. We may refuse any requests of Delegates that we believe may be illegal or improper at our sole discretion.

PROPERLY MONITOR DELEGATES’ USE OF THE SERVICES


Because you are liable for the actions of your Delegates, you agree to ensure your Delegates have appropriate rights of access for the intended use of the Services. If you suspend or terminate your relationship with a Delegate or if you wish to suspend or terminate a Delegate’s authority to access the Portal and any Services on your behalf, you agree to inform us immediately.

USE THE PORTAL AND SERVICES RESPONSIBLY


You agree not to:

• use the Portal and any Services in any manner that could disable, overburden, or impair our servers or networks, or that interferes with others’ use;
• gain or attempt to gain unauthorized access to the Portal, any of the Services, other accounts, or any computer systems or networks connected to the Portal or any of the Services; or
• access any information or materials you are not expressly authorized to access.

DO NOT MISUSE PERSONAL OR PROPRIETARY INFORMATION OF OTHERS


The Portal and our Services are protected by applicable law (including copyright). You may not use any of the protected aspects of the Portal or Services without our permission. Protected data and information provided through the Services, may be used and distributed only for purposes of your company(s) operations and conduction business with RRBSI.

Our Responsibilities

PROVIDE SECURITY FOR THE PORTAL AND SERVICES


We transmit information through the Portal using Secure Sockets Layer technology (SSL). We store information on servers with physical and administrative access restrictions. We monitor and audit use of the Portal and maintain usage logs of all activity. If we discover suspicious activity, we may terminate or suspend any Authorized User’s account.

PROVIDE ACCESS TO THE SERVICES


We try to make the Portal available to Authorized Users 24/7. However, the Portal may not be available during certain times due to systems repair, maintenance, or unexpected downtime. We do not guarantee 24/7 access to the Portal or our Services, and we are not liable for your inability to access either. We provide Customer Service support weekdays from 7:00am to 4:00pm EST/SDT, or as otherwise posted.

COMPLY WITH LAWS AND REGULATIONS APPLICABLE TO US


We will comply with federal, state and international privacy laws and other legal regulations to the extent those laws and regulations apply to us.

Legal Disclosures and Disclaimers

WE PROVIDE NO OTHER WARRANTIES

WE MAKE NO REPRESENTATIONS ABOUT THE RELEVANCE OR ACCURACY OF THE INFORMATION ON THE PORTAL, OR THROUGH THE SERVICES, FOR ANY PURPOSE. ALL INFORMATION IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, TO THE EXTENT PERMITTED BY APPLICABLE LAW. WE AND/OR OUR SERVICE PROVIDERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, INCLUDING ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, WHETHER EXPRESS, IMPLIED OR STATUTORY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT TO THE EXTENT PERMITTED BY APPLICABLE LAW. WE DO NOT PROMISE THAT USE OF THE PORTAL WILL BE UNINTERRUPTED OR ERROR-FREE. YOU ARE RESPONSIBLE FOR TAKING ALL NECESSARY PRECAUTIONS TO ENSURE THAT ANY CONTENT YOU OBTAIN FROM THE PORTAL OR SERVICES IS FREE OF VIRUSES AND MAINTAINED IN A SECURE MANNER.

THE PORTAL AND/OR DOCUMENTS AVAILABLE IN CONNECTION WITH THE SERVICES MAY INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. WE MAY PERIODICALLY MAKE CHANGES TO THE INFORMATION ON THE PORTAL AND/OR THESE TERMS. WE MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE PORTAL, SERVICES OR TERMS AT ANY TIME, WITHOUT NOTICE TO YOU.

OUR LIABILITY IS LIMITED

YOUR USE OF THIS PORTAL, THE SERVICES, AND/OR ANY CONTENT ON OUR SITE IS AT YOUR OWN RISK. TO THE EXTENT PERMITTED BY APPLICABLE LAW, WE EXPRESSLY DISCLAIM ANY LIABILITY, WHETHER BASED IN CONTRACT, TORT, OR OTHERWISE, FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR SPECIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH ACCESS TO OR USE OF THE PORTAL OR THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL WE OR OUR SERVICE PROVIDERS BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORT, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE PORTAL OR THE SERVICES.

WE DO NOT PROVIDE LEGAL ADVICE THROUGH THE PORTAL

We do not provide legal advice through the Portal or Services. Do not use any information provided as a substitute for obtaining professional advice. You rely at your own risk on any information provided by us, other people appearing on or in the Portal or Services at our invitation, or other visitors to the Portal.

Contact Us

If you have any questions about these Terms, please contact us at [email protected].

Last updated: February 4, 2019

RETURN POLICY

Rolling Rock Building Stone, Inc. will NOT accept returns or exchanges of natural stone products.

We are fully aware that our RETURN POLICY may seem abnormal when compared to retail products typically purchased. Natural stone is labor intensive, heavy, and different than most retail products. Our RETURN POLICY is not unique to Rolling Rock Building Stone, Inc. but is common in the masonry supply and natural stone industries.

Considering this RETURN POLICY, please ensure that there is familiarity with all product/products purchased in advance of the invoice and transaction. Natural stone is a relatively hard, naturally formed mineral or petrified matter, produced in nature. Therefore, considerable variations including, but not limited to, color, texture, size, and cleft will occur in natural stone. Samples, sample panels, brochures, photographs, computer-generated pictures, and items viewed on the Internet may be, in some measure, different from the stone you actually receive. Laboratory tests, if conducted, are performed on small samples and cannot be totally accurate because of the limited scale of the tests.

Customers choosing Natural Stone for oneself or for a client, should visit to see and approve the product in person and in advance of placing an order, arranging delivery, etc. It is neither reasonable nor acceptable to order by phone, use only the internet, or any other informal way, and expect an exchange or a return. When it is not possible to visit, adequate samples must be approved, signed for as acceptable in advance of invoice, payment, delivery. The color and texture range are what is accepted. Additionally, what has been accepted includes that product picked up or delivered may be different than what has been pre-approved.

Order the correct product and the correct quantity. Be accurate. Many products share the same general name or may be available in different forms or sizes.

Rolling Rock staff welcomes the opportunity to answer questions and lend assistance with a stone selection to help insure satisfaction with our products.

See Terms and Conditions of Sale for complete terms and conditions of sale, including but nor limited to: Terms, Order Process/Procedure, Claims/Returns, Warranty Disclaimer, Use of Chemicals.

Last updated February 4, 2019

POLICY ON HAND SELECTED STONE (origin in the 1950’s)

On rare occasions, RollRock will permit a very small quantity of stone to be selected by a customer by hand. Under no circumstances will any projects be selected by hand for color or otherwise. Natural stone is a raw material and therefore purchaser must calculate an appropriate amount to be purchased to satisfy need. Our property includes an active quarry, and it is important that all customers are safe, and act in a safe way while in the stock and quarry area.

Minimum fee: 100% up charge on unit price, except Boulders as established on standard price list. A one-half (½) ton minimum purchase applies. Less than ½ ton; stone is up charged per pound using the hundreds and tens digits to establish price. (ex. 250 lbs. need, at $100.00 unit price would be charged $0.10 per lb., $25.00)

NO HAND SELECTING permitted of the following product types:

• Flagstone
• Quarry Run
• Thin Veneer
• Any Building Stone available as Square or Ashlar

Ex. Mountain Mary® splitface irregular is available in square/rectangular. Irregular can NOT be hand selected.

A maximum of one (1) ton can be selected, with permission. The typical situation where a customer is permitted to select stone is when he is finishing a current project and needs a few pieces to complete the project. This is a privilege and not a right. Those who abuse this privilege will lose the privilege.

Large Slabs and Treads will not be charged as select so long as the customer is reasonable and does not expect to find a “perfect” stone. RollRock cannot move an entire stockpile or item inventory for one piece of stone.
If a contractor has purchased the stone for a current project and needs a few select stones to finish, RollRock reserves the right to waive the one-half (½) ton minimum charge. The customer will pay select price up for the quantity permitted by the RollRock representative. The current project will need to be verified in advance of receiving any stone.

Last updated February 4, 2019

LTL SHIPPING GUIDELINE

Introduction

Less than truckload shipping companies do not have the resources to guarantee that goods that are special size, or fragile, will arrive safely and undamaged to their destination. This limitation must be acknowledged by both shippers and customers. Appropriate shipping methods to match product type must be employed. Higher cost shipping options may be necessary. For packages of natural stone flatbed side loading, secured by straps, is best. This ensures proper and safe loading/unloading, and less handling as most flatbed trucks will be more of a direct point-to-point service.

Customer Service

This guideline is specific to Rolling Rock products. Natural stone is enduring, will last longer than most like products, but is still fragile and effected by misuse and clumsy and/or repetitive handling. The best chain of custody that can be arranged for fragile products is our customer service goal.

LTL Product Restrictions – No LTL Shipments Accepted or Arranged

• All fragile goods
• All goods larger than pallet, crate size (ex. Larger than 42”x42”, or 40”x48”)
• All stone cut to specific size, fabricated in cut stone shop, made to a specific size
• Treads; all varieties, all thicknesses, all sizes
• Thin veneer sills

LTL Products Approved to Ship – Customer Acknowledgement and Approval Necessary

• Building stone
• Thin veneer
• Stone that is not fragile and can be safely packed and secured inside the pallet/package

Recommended Shipping Method

Rolling Rock recommends shipping all packaged stone on a flatbed type truck that can legally handle the size and weight of the shipment. This provides ease of loading and unloading and limits the number of times goods need to be handled. Some goods will require special packing and additional fees.

Customer Acknowledgement

Consumers and suppliers should take time to consider what goods they are purchasing and handling. If there is need for timely delivery, understand and accept what is required of you, the consumer and supplier. The quarry and factory can only provide so much protection to fragile goods. Handling, road vibration, pot holes, loads that shift under heavy braking, and many other forces beyond predictable control exist.

Any customer that authorizes LTL shipment acknowledges responsibility. Carriers may/may not accept responsibility when goods are picked up. Therefore, when customer arranges LTL shipment, customer and carrier are responsible. Rolling Rock may refuse at any time to accept/arrange LTL order(s).

Did I purchase enough?

Compare natural stone to paint. Both are not a finished product. Both are components of a finished product/project. They must be installed. When one or more gallon(s) of paint is purchased, typically there is material left in the can when project is complete. Unused paint is considered part of the project cost. It is the same with natural stone. The consumer or user of the product will purchase more (in many cases) than the intended coverage. This ensures a completed project.

Last updated: February 4, 2019