1. Our Business
Earth Stone & Rock, in association with California Building Material Supply (CBMS), is a provider of landscape and building materials and related delivery services for residential, commercial, and government projects. We are a materials supplier, not a construction or improvement contractor. Any labor, equipment, or movement of material performed by our staff or delivery agents is done at the direction of, and at the risk of, the buyer or the buyer
2. Pricing, Quotes & Payment
Most bulk orders (by the ton, super sack, or truckload) are priced by quote so we can confirm freight and the serving yard before you buy. Prices, availability, and freight are confirmed at the time of order and may change without notice until an order is accepted and paid.
Our standard payment terms for materials and transport are prepayment or cash on delivery (COD). Accepted payment methods include credit card (where offered through our payment processor), cash on delivery, check, wire transfer, Zelle, and Google Pay. Joint check and Net 15 or Net 30 day terms are available for qualifying commercial or government construction projects on approved credit.
For orders not paid in full ahead of time, basic paperwork for a California Preliminary Lien Notice may be required. A Conditional Release Upon Payment is available, and once payment has cleared an Unconditional Release will be issued.
3. Credit, Late Payments & Returned Payments
We are often able to facilitate small to very large lines of credit for materials and hauling on multi-family, commercial, and municipal projects. Each request is reviewed based on the applicant and the job details.
Late and refused payments: balances owed accrue interest at a 21% annual rate plus a $35.00 per month account management fee.
Returned checks (NSF): a fee of $50.00 is charged for any item returned against our account for any reason, including non-sufficient-funds or cancelled business and personal checks.
4. Shipping, Delivery Rates & Quotes
A limited number of pre-configured shipping rates are available for palleted material such as SuperEarth-sacks, pallets of bagged material, pallets of stone, rolls of artificial grass, and similar items. These rates assume normal, easily accessible delivery locations for large trucks.
Locations with hillside or mountain roads, difficult turns, low-hanging tree limbs or utility wires, unpaved surfaces, rural driving conditions, or other physical terrain issues will result in higher rates. Bulk and freight orders outside the standard delivery area are quoted individually so we never under-price freight.
5. Delivery & Buyer Inspection
It is the buyer
If there is any conflict between what the buyer expects and the material delivered to the site, the time to prevent further problems is while the material is still on the truck. Instruct the driver to hold the load, contact us, and be prepared to send photos describing the issue.
Our obligation is to deliver materials to the nearest safe location to the site from the public road. That "safe location" is the sole determination of the delivery driver. Once a truck enters the delivery site, it is the owner
6. Returns & Refunds
Construction and landscaping materials are generally non-returnable. All materials selected by the buyer or the buyer
The following are not eligible for return or refund:
- Bulk materials once delivered or dumped
- Materials selected and approved by the buyer or their agent
- Special order or custom products (all special orders are final)
- Installed, used, or altered materials
- Orders rejected for reasons other than a product mismatch
Limited eligible returns:
A return may only be considered when the delivered material does not match the product brand, specifications, or approved samples. In those cases the issue must be reported within 48 hours of delivery with supporting photos and documentation, and return authorization must be obtained before any return is processed. Unauthorized returns are not accepted.
Order rejection charges:
If a buyer or their agent rejects a shipment while it is en route or at the delivery location, the buyer is responsible for all associated costs, including hauling, stocking, disposal, and trucking. Trucking is billed at $120 to $150 per hour in full-hour increments; dump trucks and crane trucks are billed from the starting point to the return point.
Refunds:
Approved refunds are issued to the original payment method, typically within 5 to 10 business days after inspection and approval. Delivery and trucking charges are non-refundable, and additional fees may be deducted where applicable. Exchanges are available only when the wrong product was delivered or the material does not meet agreed specifications.
7. Order Cancellation
Orders may be cancelled only before dispatch or scheduling of delivery. Once an order is shipped or scheduled, it is considered final.
Cancellation after delivery: customers are liable for all costs of cancelling after the delivery is made. For any order cancelled (commercial or residential) after the material is delivered, the customer is liable for the delivery charge, the return delivery charge, and a 25% restocking fee of the total product price.
8. Liability & Services at Delivery
CBMS is a seller of materials for landscape and building construction or improvement. We are not contractors and only perform services at the direction of, and at the risk of, the buyer or the buyer
It is the owner
9. Product Photos & Natural Variation
Earth, stone, and masonry products are natural materials. Variation in product names, color, and texture is normal and is part of what makes these products unique. Please use the photographs on our site only as a guide. Photos of materials shown in finished landscapes or buildings reflect craftsmanship and conditions that may differ from the material as delivered.
10. Electronic Signature & Agreement
By placing an order, requesting a quote, or completing checkout, you are signing this agreement electronically. You agree that your electronic signature is the legal equivalent of your manual signature and that using a keypad, mouse, touchscreen, or similar action to select an item, button, or icon constitutes your signature, acceptance, and agreement as if signed in writing. You agree that no third-party verification is necessary to validate your electronic signature. You represent that you are authorized to submit orders for all persons or entities who own or are authorized to access your accounts, and that they are bound by these terms.
11. California Notices
Proposition 65: certain stone, sand, and aggregate products can expose you to chemicals, including crystalline silica, known to the State of California to cause cancer or reproductive harm. Use appropriate dust control and protective equipment when cutting, grinding, or handling dry material.
Preliminary lien notices: for materials supplied to a project, a California Preliminary Notice may be issued. A preliminary notice has no effect on individual or company credit; it serves as legal notice to the property owner(s) that materials have been furnished.
Prevailing wage: standard pricing is a material rate quotation and does not include premium wages or fringe benefits required under Davis-Bacon or the California Labor Code unless separately stated.
12. Privacy
Information you provide is used to process orders, deliver materials, and service your account. For full detail on what we collect and how it is used and protected, see our
Privacy & Your Privacy Choices page.
13. Contact Us
Questions about these terms, an order, a delivery, or a return:
Earth Stone & Rock
Phone: (800) 215-7372
Email: sales@earthstonerock.com