TERMS & CONDITIONS OF SALE

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’s agent.

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.

Quotes: quoted prices are valid for 30 days. Prices may change without notice after that, and every quote is subject to material availability.

Special orders: special orders require a 50% non-refundable deposit. We place the order with our supplier only after the deposit is received. Manufactured products carry only the warranty, if any, provided by their manufacturer.

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: past-due balances are charged 1.5% per month, and the buyer is responsible for all legal fees and collection costs incurred in collecting any amount owed to us.

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.

Pallets and super sacks: each pallet and super sack carries a handling charge that is non-refundable. Masonry pallets carry a refundable deposit; to receive it, return the pallets to our yard with your receipt.

5. Delivery & Buyer Inspection

It is the buyer’s responsibility to inspect materials before they are unloaded. 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’s or buyer’s responsibility to supervise all activity and accept responsibility for it. Any damage resulting from deliveries by common carriers is between the property owner and the carrier.

Unloading time: each truck is allowed 15 minutes to unload. After 15 minutes, standby time is charged at our hourly trucking rate.

Crane placement: crane placement depends on site access and is billed at an hourly rate with a 2-hour minimum.

Yard pickup (will-call) orders: orders for pickup are held for 30 days from the date the order is placed. If an order is not picked up within 30 days, it is converted to store credit, less a 25% restocking fee and any pallet and super sack fees.

6. Returns & Refunds

Construction and landscaping materials are generally non-returnable. All materials selected by the buyer or the buyer’s agent are considered final sale.

There are no cash refunds on any order, including special orders and commercial construction orders. When possible, orders may be returned for store credit only, and only for items we keep in stock. Store credit is issued less transportation charges and a restocking fee of 25% of the order. Transportation charges are billed at the hourly hauling rate plus 10%.

Aquascape pond and water feature products are an exception: unused Aquascape items in their original packaging can be returned as described in our Refund Policy.

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 items we do not keep in stock
• 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.

Store credit and refunds:

Approved returns are issued as store credit, not cash, typically within 5 to 10 business days after inspection and approval. If we delivered the wrong product or the material does not meet agreed specifications, we will exchange it or refund the original payment method. Delivery and trucking charges are non-refundable, and additional fees may be deducted where applicable.

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’s agent. Our staff is covered by standard workers’ compensation insurance. We do not provide liability insurance for services performed at delivery locations, as that work is done solely at the direction and responsibility of the property owner or buyer.

It is the owner’s or buyer’s responsibility to supervise all activity and accept responsibility for it once a truck or crew enters the delivery site. Any damage resulting from services performed by our staff, delivery agents, or operators is the responsibility and liability of the property owner, their agent, or the contractor ordering the materials.

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. Cookies & Tracking Technologies

This section explains how earthstonerock.com uses cookies and similar technologies, what each one is for, and how you can control them.

What cookies are

Cookies are small data files a website stores in your browser so it can recognize your browser, remember your settings and keep things like your cart working from page to page. We also use similar technologies: browser storage (local storage and session storage), which keeps information in your browser, and pixels (also called tags), which are small pieces of code that tell a service provider a page was viewed or an action was taken. Here, "cookies" includes all of these.

Our store runs on Shopify

Our online store is hosted on Shopify. Shopify sets cookies the store needs to work, such as the cart, checkout, account login, and language and currency settings, plus cookies that measure how the store is used. Shopify publishes its full list at shopify.com/legal/cookies.

The cookies we use

"Expires" is how long an item stays in your browser unless you delete it sooner. Browsers may shorten these periods.

Essential cookies

These make the store work and cannot be switched off.

Functionality

These remember choices you make on our site so you do not have to repeat them. They are kept only in your own browser.

Analytics

These show us how visitors find and use the site so we can improve it.

Advertising

These measure whether our ads and product listings lead to visits and orders, and help show our ads to people who have visited our site.

Services you choose to use

Shop Pay (at checkout) and GovX ID (when you verify for our military discount) set their own cookies when you use them.

Your choices

• Opt out of the sale or sharing of your personal information, including for targeted advertising, on our Your Privacy Choices page.
• If your browser sends the Global Privacy Control signal, we treat it as a request to opt out for that browser and device, depending on where you live.
• You can block or delete cookies in your browser settings. If you block essential cookies, the cart and checkout will not work.
• Providers offer their own controls: Google My Ad Center, Google Analytics opt-out add-on, your ad preferences in Facebook or Instagram settings, and optout.aboutads.info.

Changes

We update this section when the tools on our site change.

14. Contact Us

Questions about these terms, an order, a delivery, or a return:

Earth Stone & Rock
Phone: (800) 215-7372
Email: sales@earthstonerock.com