Terms & Conditions
At Trueform Concrete, LLC (“Trueform”) providing high quality craftsmanship and excellent customer service are our top priorities. We are pleased that you (“Customer”) have chosen to purchase one or more of our items (“Products”), and we want you to be fully satisfied with your purchase and experience with our company, so please take a moment and carefully review all of our Terms and Conditions before placing your online order. If you have any questions or concerns, please contact us directly by any of the following methods:
Trueform Concrete, LLC
105 W Dewey Avenue
Wharton, NJ 07885
CONDITIONS OF USE:
By using this website you agree to all of the terms and conditions listed below:
Payment Terms & Terms of Sale:
- All Orders are subject to Trueform’s express, written approval.
- All credit card transactions are processed in United States dollars.
- Trueform accepts Visa, MasterCard, Discover, and American Express credit cards, checks and wire transfers. If paying by check or wire transfer, the order will not be processed until the check or wire transfer clears.
- Trueform will process payment for approved orders received on weekends or holidays on the next business day. Business days are Monday through Friday, excluding federal holidays.
- Payment for all Products is due in full at the time of purchase. Orders will not be processed and Products will not be manufactured and delivered unless and until payment in full is received. The customer agrees that all Products shall remain the property of Trueform until payment in full is received and Products are Shipped.
- Prices listed online are subject to change without notice.
- Trueform shall have no obligation to provide installation services unless expressly stated in the parties’ written agreement. Trueform shall have no obligation to pay for labor or other costs for the installation or removal of any Product.
- The re-sale of any Products sold by Trueform without its express, written consent is strictly prohibited.
- Many of Trueform’s Products are subject to State and Federal copyright and trademark laws. The Customer shall not take any actions that would violate any of Trueform’s copyrights, trademarks, artisan liens, or other applicable common law or statutory rights.
- Any custom molds or custom items manufactured and paid for by the Customer are property of Trueform and shall remain its property throughout the Project and thereafter. The Customer agrees that it does not have any ownership rights in or to such molds or custom items, nor shall customer be entitled to them whether or not the Project is completed or cancelled for any reason.
- Customer acknowledges that all drawings and/or electronic files which may accompany the Product are and shall remain the property of Trueform, and shall not be modified, reproduced or retransmitted in any form without its express written consent. While Trueform makes every effort to ensure that its drawings and/or electronic files are accurate and complete, the customer should review the drawings and/or electronic files to ensure they are in accordance with the customer's specifications and promptly notify Trueform Concrete, LLC of any inaccuracies. Trueform assumes no liability for any inaccuracies which are not brought to its attention before the product is manufactured.
Errors & Omissions:
- While we do our best to ensure that the pricing and product information on our website is accurate, occasionally typographical and informational errors occur. We apologize for any inconsistency, but reserve the right not to fulfill orders based on incorrect pricing or other information on all print or electronic media.
Sales Tax Policy:
- Unless a current resale certificate is provided for the State in which the Products are being delivered, Trueform is required to collect sales tax for residential and commercial orders shipped within the State of Arizona, the State of California, the State of Colorado, the State of Georgia, the State of Iowa, the State of Massachusetts, the State of Michigan, the State of New Jersey, the State of New York, the State of North Carolina, the State of Ohio, the State of Pennsylvania, the State of South Carolina, the State of Tennessee, the State of Washington, and the State of Wisconsin. Orders shipping to a location outside of the aforementioned states are not subject to sales tax, subject to certain exceptions.
- If the Order requires Trueform to deliver the Products to a Project Location (not utilizing third party ground or freight carrier services), Trueform is required to charge and collect sales tax at the sales tax rate applicable in the State in which the Product is being delivered.
- If Trueform is installing a Product that qualifies as a capital improvement, then sales tax will not apply, provided the Customer provides Trueform with the applicable Capital Improvement exemption form for the State in which the Product is being installed (NJ - ST-8, NY - ST-124, PA - Rev-1220).
- If you are placing an order on behalf of a tax-exempt organization please call Trueform at 1-888-342-0618 and provide a true copy of your organization’s executed State sales tax exemption form. The organization or individual name on the Order and form of payment must exactly match the State tax-exempt certificate. Trueform does not accept federal tax exemption certificates.
Cancellation & Return Policy:
- Since all of Trueform’s products are custom made to order, Trueform regrets that cancellations, returns, or exchanges of any Products are not permitted.
- If Trueform delivers a Product that you did not order, you must notify us within seven (7) business days from the date of receipt of the Product. We will arrange for you to ship the Product back to us in its original crate or container. Trueform will pay for all return shipping expenses and will deliver the correct Product as soon as possible.
- After production has begun, changes to orders usually are not possible. Trueform will attempt to accommodate a Customer’s request to change orders, but additional charges may be incurred and Trueform reserves the right to reject such requests in its sole discretion.
- Items normally are shipped via Ground Service or Freight Carrier depending on size and weight.
- Items are sent Standard Shipping unless the customer requests an alternate form of shipment before making a purchase online. Additional charges will be applied to the total invoice and may be charged separately from the initial Product purchase price to the customer’s credit card.
- Items shipped to customers outside of the contiguous United States of America may be subject to additional domestic or international shipping fees, customs, brokerage, or import fees, or other tariffs. The Customer is responsible for and shall pay all such fees. The Customer may contact Trueform prior to purchase for an estimate of these additional fees. If a Customer places an order with a Ship To address outside of the contiguous U.S. and has not obtained an estimate for these additional fees, Trueform will contact that Customer to provide an estimate and to obtain a credit card authorization form providing consent for Trueform to charge the Customer these additional fees. Production will not begin on the Customer’s project until this authorization is obtained in writing. All such additional charges and fees shall be billed separately from the initial product purchase to the customer’s credit card.
- Trueform is not responsible for any time guarantees in shipping and will not be responsible for any inconvenience or any monetary loss, penalty, or extra charge of any kind incurred by our customers should any delivery take longer than anticipated.
- Once your order has been prepared for shipment or has shipped, we normally are unable to change the shipping address. In the event the shipper agrees to change the shipping address after your order has shipped, you agree to pay prior to delivery any additional costs which are incurred to change the shipping address.
- All samples, brackets, faucets, and all 20", 24" and 30" floating sinks will be sent via United Parcel Service (UPS), Federal Express (FedEx) or DHL. If the Customer is ordering multiple quantities of these items, the shipment(s) may be sent on a pallet(s) via freight carrier with curb side delivery.
- Failed Delivery Attempts - Most carriers such as UPS or FedEx make three attempts to deliver a package. After three delivery attempts, the carrier may return the package to the main terminal or to Trueform. The customer will be billed for any additional charges incurred, including the cost to re-send the product(s).
- All Trueform Products other than those listed above under "Ground Service" will be shipped on a pallet(s) via freight carrier. For residential deliveries, the freight company will normally contact you 24-48 hours in advance to notify you of a projected delivery window of time and will typically require you to be present at the time of delivery. Trueform is not responsible for setting up this appointment. Missing a delivery may result in an extra delivery charge that must be paid by the customer.
- Please be aware that the driver is only required to deliver the crate(s) curbside. The definition of curbside will vary depending on the location and set up of your home or business. This may mean that the crate will be left in the street at the curb, at the end of your driveway or in the parking lot. Where the crate is left is at the discretion of the driver. It is your responsibility to move the crate from that drop off location to its final location. For larger items, you will want to have additional helpers available to assist the driver in unloading the crate off of the truck. The driver will not bring the crate(s) into your garage, home or business, and will not assist you in opening the crate(s).
- Due to the size of a freight carrier's lift gate, concrete products over 7' 5" long purchased for a residence will need to be shipped to a local White Glove or Moving Company. This company should have the ability to receive the crate via a fork lift or loading dock and then deliver it to the Customer's home in a truck that has a ramp or others means of successful delivery. The Customer is responsible to find, contact and pay the receiving company directly and provide Trueform with the address and contact information of where to send the crate(s) to. Trueform will not be liable for any damage done to the product(s) once it is received and signed for by the White Glove or Moving Company. This is not a requirement for residential and commercial locations that have a forklift on site or for commercial locations that have a loading dock.
As with all deliveries, please thoroughly inspect the package/crate for damage BEFORE signing for the delivery. Please be aware that once you sign for receipt of a delivery, ownership is transferred to you; your signature confirms that you have inspected the shipment and that it is in good condition. Damage to the package/crate must be immediately reported to the carrier before you sign AND noted on the Bill of Lading (applicable for freight deliveries). Please open your package/crate to ensure that there was no damage to the Product within 48 hours after delivery. Please notify Trueform immediately of any damage so that we can start the claims process. Claims made after this 48-hour window may be denied. Save ALL packaging and products for the carrier to inspect (potentially at a later date) until you are given further instructions. You may be required to send photos of the damaged product or return the damaged product to Trueform. If upon delivery you can tell that there is damage to the Product from the outside of the package/crate, please reject the shipment and contact Trueform within 24 hours to notify us of the situation.
Delivery by Trueform Concrete, LLC:
- If Trueform and Customer arrange for Trueform to deliver the products to the project location (instead of shipping via third party ground or freight carrier), Trueform will contact the Customer at least 24 to 48 hours in advance to schedule a delivery date and window of time during normal business hours (Monday through Friday 8:00 a.m. to 4:30 p.m., excluding legal holidays). Upon completion of delivery, the Customer will be required to execute a product approval form.
- Trueform shall not be liable or responsible for any damage done to the project caused by anyone who is not a Trueform employee or sub-contractor, including homeowners, designers, contractors, or their respective employees, servants, or agents.
- Customer shall provide Trueform with a sufficient and safe means of access to allow delivery of the Product to its final location at the Project Site. It is Customer’s responsibility to secure in advance any approvals from building management that may be required to effect delivery and to measure and confirm that the physical dimensions of available freight elevators, loading and unloading areas, hallways, door frames, and the like, are sufficient to accommodate the Product.
- In the event Customer is unable to provide sufficient or safe access for delivery of the Product to its final location at the Project Site, Customer shall designate a secure location at or near the Project Site to which the Product may be delivered by Trueform, and shall have no further liability with respect to delivery of the Product. If the Product cannot be delivered for any reason, or if Trueform is required to arrange for re-delivery of the Product, Customer shall be responsible for and shall pay all additional charges incurred thereby.
- Customer authorizes Trueform to take and retain photographs of the Project upon completion of the delivery. These photographs shall be the property of Trueform and the Customer understands and agrees that Trueform may utilize such photographs in the course of its continuing business operations, and its print and electronic media, including its promotional and advertising materials. Customer shall not have any ownership or other rights in such photographs or in their subsequent use.
Durability & Appearance of Products:
Chipping/Scratching - Concrete is a very durable material, but may chip if struck with another hard object. Scratches may form on your surface if a sharp or rough object is dragged across the concrete. Minor scratches can be filled in with a wax or Pledge. Trueform is not responsible for repairing or replacing any products that are chipped or scratched after delivery is completed.
Cracking - Cracks can form in concrete from stress, movement, shrinkage, weather (freeze-thaw), or abuse to the product. Hairline surface cracks may develop and are considered acceptable in the concrete industry. Trueform is not responsible for repairing or replacing any products that develop or sustain hairline cracks.
Staining - Our concrete has a topical sealer applied for water and stain resistance (left in its natural state, unsealed concrete is porous and will stain). All sealers used on our concrete products are food safe and are designed to withstand normal use in kitchens, baths and floors. Highly acidic products such as lemon juice, mustard, vinegar, wine, soda, tomatoes, bananas, pumpkins/gourds, etc., perfumes, colognes, and cleaners or soaps that contain vinegar or citric acids, and other harsh chemicals or solvents such as acetone, ammonia, hydrogen peroxide, bleach, etc. should be avoided or cleaned off of your concrete surface as soon as possible. These substances may “eat” through the sealer, leaving a light clouding, and could possibly expose or stain your concrete. There are of course other items and products that may damage your sealer. We have tested against the most typical, but please use standard precautions to keep your concrete protected. Staining can also occur if the sealer is compromised (e.g. cutting on it, using abrasive cleaners or scrubbing pads, etc.). Trueform is not responsible for repairing or replacing any products that develop stains after delivery is completed.
Product Appearance & Variation - Trueform’s products are made by hand using natural materials and therefore all products will vary in color, size, appearance, and texture. Concrete products may also show particles of sand, fiber, colorant or Portland cement in various areas. Fill holes on the surface, edges, and inside of integral sinks will have a different shade or tone of color than the root concrete color. These variations are not considered a defect but rather a desirable characteristic. Approved color samples may vary from the finished product. Trueform has limited control over the outcome of each product, and is therefore not responsible for replacing or repairing products due to these variations.
Product Image Disclaimer - Trueform tries to provide the most accurate images available. However, due to variations in computer monitors and the various settings for both brightness and contrast, we cannot guarantee that the color represented in a product image on your monitor is exactly as it will appear in the physical world. The same holds true for all printed materials as well due to variations in the printing process.
Warranties, Limitations of Liability and Exclusive Remedies:
TRUEFORM warrants for a period of one (1) year from the date of delivery that its Products shall perform in a good and workmanlike manner in accordance with applicable standards; comply with any applicable laws, rules or regulations; and not violate or infringe upon any presently issued patent or copyright of any third party. This warranty does not include or cover 1) hairline cracks in the concrete, 2) damage caused during installation or due to incorrect installation, 3) damage caused by incorrect cleaning or care, 4) damage caused by incorrect use, 5) damage caused by acts of abuse to the products such as scratches, chips, stains, or other markings/damage, or 6) damage caused by drilling into or attempting to alter the product from the way in which it was received.
THE FOREGOING WARRANTIES ARE TRUEFORM’S ONLY WARRANTIES CONCERNING THE PRODUCTS, AND ARE MADE FOR THE BENEFIT OF THE CUSTOMER ONLY AND ARE IN LIEU OF ALL OTHER WARRANTIES OR REPRESENTATIONS, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE OR OTHERWISE.
TRUEFORM’s sole responsibility under this Agreement shall be limited to the repair or replacement, at its own expense, of any non-conforming TRUEFORM Products provided hereunder and discovered by the Customer and reported to TRUEFORM within seven (7) days from the date of delivery.
TRUEFORM SHALL HAVE NO LIABILITY OR OTHER RESPONSIBILITY TO THE CUSTOMER OR ANY THIRD PARTY WITH RESPECT TO ANY LIABILITY, LOSS OR DAMAGE ALLEGEDLY CAUSED DIRECTLY OR INDIRECTLY BY THE PRODUCTS OR SERVICES PROVIDED HEREUNDER, INCLUDING, BUT NOT LIMITED TO, ANY INTERRUPTION OF SERVICE, LOSS OF BUSINESS, ANTICIPATORY PROFITS, OR INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES.
A. Customer is responsible to fully inspect the Product promptly upon delivery, including all items which constitute the Product; and to notify Trueform in writing of any and all non-conformities so that Trueform may inspect, repair and/or replace the Product in accordance with the provisions of this Agreement. Trueform shall have no responsibility for any non-conformity in the Product unless the Customer provides written notice to Trueform within seven (7) days from the date of delivery.
B. An order or agreement for the purchase of custom-made Products is not cancellable, and payment in full shall remain due and payable notwithstanding any attempt to cancel such an order.
C. If the Customer requests cancellation of an Order or Agreement for standard or stock items within thirty (30) days of delivery, and Trueform agrees to such cancellation, Customer shall pay to Trueform a restocking fee equal to twenty-five (25%) of the Purchase Price (the “Restocking Fee”). The original shipping and handling charges will not be refunded. The re-stocking fee as well as the original shipping and handling price shall be deducted from the total amount paid to calculate the refund due. Sales tax (if applicable) will be adjusted and refunded accordingly. The Customer is responsible for all crating, shipping and handling charges to return the product(s) to Trueform. The Refund will be issued once the products(s) are received, are inspected for damage and are determined to be in sellable condition.
D. Customer agrees that the price of the Products purchased from Trueform does NOT include any installation services, unless expressly stated in the Order. Please contact Trueform to obtain a quotation for installation services of any Trueform Product. Customer shall have sole responsibility to comply with all laws, codes, and regulations applicable to the installation of the Product; to obtain any governmental permits, inspections, and approvals for any and all plumbing, electrical and/or carpentry services that may be required in connection with the installation and/or operation of the Products; and to retain the services of a licensed plumber, electrician, or carpenter, respectively, to obtain any required permits, inspections and approvals, and to perform at Customer’s sole cost and expense all work required to effect such connections, installations or alterations, including, without limitation, plumbing hookups (water supply and drainage connections), electrical connections, appliance installations (e.g. ovens, cook-tops, dishwashers, etc.), and/or cabinetry/woodworking repair or alterations, that may be required in connection with the Products. Trueform shall have no responsibility for any of the foregoing absent an express written agreement that sets forth such additional terms and conditions.
E. If any of the provisions of this Agreement are invalid under any applicable statute or rule of law, such provisions are, to that extent, deemed omitted, but this Agreement and the remainder of its provisions shall otherwise remain in effect. No provisions of this Agreement shall be deemed waived, amended or modified by either party, unless such waiver, amendment or modification is in writing and signed by the parties.
F. The waiver of one default under this Agreement shall not be deemed a waiver of subsequent or similar defaults.
G. Force Majeure - Trueform reserves the right to terminate any individual Orders in the event it is unable to provide the Products applicable to such Orders due to matters beyond its control, including, without limitation, force majeure, strikes, civil unrest, war, natural disasters, regional or national health emergencies or determines in its sole and absolute discretion that the Customer has engaged in actions or omissions which interfere with Trueform’s ability to perform its obligations as set forth herein. In the event of such termination, Trueform shall refund any portion of the contract price paid and shall have no further liability to the Customer.
H. Trueform and the Customer agree that this Contract shall be governed by the substantive laws of the State of New Jersey without reference to conflicts of laws principles. Customer agrees that any disputes that may arise between customer and Trueform shall be resolved exclusively in the state and federal courts located within the State of New Jersey, and the customer irrevocably consents to the personal jurisdiction of such courts for such purposes.
I. CUSTOMER EXPRESSLY WAIVES THE RIGHT TO A TRIAL BY JURY IN THE EVENT EITHER PARTY BRINGS A LEGAL ACTION TO ENFORCE RIGHTS UNDER THIS AGREEMENT OR TO RESOLVE ANY OTHER MATTES IN DISPUTE THAT MAY ARISE BETWEEN CUSTOMER AND TRUEFORM.
J. THESE TERMS AND CONDITIONS SHALL SUPERSEDE AND TAKE PRIORITY OVER ALL PROPOSALS, CUSTOMER PURCHASE ORDERS OR ANY OTHER WRITTEN OR ORAL COMMUNICATIONS BETWEEN THE PARTIES. RECEIPT BY THE CUSTOMER OF PRODUCTS HEREUNDER SHALL BE DEEMED CONCLUSIVE OF CUSTOMER'S AGREEMENT THAT THE PURCHASE, USE AND POSSESSION OF TRUEFORM’S PRODUCTS IS SUBJECT TO THESE TERMS AND CONDITIONS.
By purchasing and installing our products, you agree that Trueform, its members, employees, and affiliates, cannot be held responsible for any accidents, liabilities, misuse of any of Trueform’s products, or any damages that may be caused thereby.