Legal
Sales Policy
Table of contents
Last Updated: September 23, 2026
Version 1.0 — Effective September 23, 2026 Supersedes all prior terms and conditions of sale.
ACCEPTANCE OF TERMS
1.1 These Terms and Conditions of Sale (“Terms”) govern all orders, invoices, deliveries, and sales of material by Mega Marble Inc. (“Mega Marble,” “we,” “us,” or “our”) to any purchaser (“Buyer”). By placing an order, paying a deposit, taking delivery, or picking up material, Buyer accepts these Terms in full.
1.2 Any additional, different, or conflicting terms in Buyer’s purchase order, contract, or other document are expressly rejected and have no effect, whether or not Mega Marble ships against such document. No modification or waiver of these Terms is binding unless in writing and
signed by an authorized representative of Mega Marble.
1.3 Mega Marble is a distributor of natural stone. We do not fabricate, template, install, seal, or design, and we are not responsible for the work of any fabricator, installer, contractor, or designer. Any referral we provide is a courtesy only; Buyer selects and contracts with such parties at Buyer’s own risk.
ORDERS, DEPOSITS, AND PAYMENTS
2.1 Deposits. A deposit of fifty percent (50%) of the order total is required to confirm any order and reserve the identified material, and to place any pre-order or special order. Deposits are non-refundable except as expressly provided in Section 9.
2.2 No release until paid in full. The balance of every order is due in full before material is released. Mega Marble will not release, load, deliver, or permit removal of any material until the order has been paid in full and, in the case of payment by check, until the check has cleared.
2.3 Special order balance. Because Special Order material is non-cancellable under Sections 9 and 10, Buyer remains liable for the full purchase price of Special Order material once the order has been placed with the quarry, mill, or supplier, whether or not Buyer takes delivery and regardless of the deposit paid. This Section is subject to Section 9.2(a).
SLAB SELECTION
3.1 Selection. Buyer or Buyer’s authorized representative must select the material to be purchased, either in person at our facility or by written approval of photographs we provide. Selected material is identified on the order acknowledgment by bundle number, slab number, or both, and the material so identified is the material sold. Approval of a photograph confirms which slabs Buyer has selected. It is not final acceptance of appearance — photographs are representative only (Section 5.2).
3.2 Acceptance of appearance. Final acceptance of a slab’s color, veining, shade, tone, finish, thickness, size, and character occurs when Buyer or Buyer’s representative physically inspects the material under Section 6. Buyer may waive physical inspection and accept a slab’s appearance from photographs alone, but only by confirming that waiver in writing.
STORAGE AND SATISFACTION CHARGES
4.1 Free storage. Mega Marble will store purchased material at no charge for sixty (60) days beginning on the date we notify Buyer in writing that the material is ready for pickup or delivery (or, where the material is in stock and available at the time of order, the order date). Storage charges accrue whether or not the order has been paid in full; the unpaid balance and all accrued storage charges must be paid before material is released.
4.2 Days 61–120.. After the free storage period, storage is charged at $75.00 per bundle, crate, or pallet per month or portion of a month, prorated for partial quantities.
4.3 Day 121 forward. Beginning on the one hundred twenty-first (121st) day, storage is charged at six dollars ($6.00) per slab or per crate, per day, in place of the monthly rate. Extended storage charges accrue daily and must be paid in full before material is released.
4.4 Working with you on schedule. Construction schedules move, and we would rather hold your material than see it arrive on a job site with nowhere to go. If your project needs more time, contact us before your free storage period expires. Where Buyer keeps us informed and we agree in writing to an extension, we will reduce or waive storage charges for the agreed period, and the periods in Sections 4.2, 4.3, and 4.6 extend accordingly. The charges in this Section are written for material left with us without contact.
4.5 Care of stored material. We will exercise ordinary care in storing Buyer’s material. Our liability for loss of or damage to stored material will not exceed the invoice value of the affected material. Buyer is responsible for insuring stored material.
4.6 Satisfaction of accrued charges. When accrued storage and handling charges on an order equal or exceed the invoice value of the material, Mega Marble may, on not less than thirty (30) days’ prior written notice to the address or email on the order, take title to and possession of the material in full satisfaction of those charges. Upon doing so, the material becomes ours to resell or dispose of, Buyer is released from all further liability for storage and handling charges on that order, and neither party owes the other any further amount for that material. Buyer may prevent this at any time by paying the accrued charges and removing the material, or by making written arrangements with us under Section 4.4.
NATURAL STONE, SAMPLES, AND MEASUREMENTS
5.1 Stone is a natural product. Marble, granite, quartzite, limestone, travertine, onyx, and other natural stones are quarried from the earth. No two blocks, bundles, slabs, or tiles are identical. Variation in color, veining, movement, shade, tone, background, crystal structure, density, porosity, and pattern is inherent to the material and is the reason it is valued.
5.2 Samples and images are representative only. Samples, photographs, digital and website images, printed literature, and previously supplied material show the general character of a stone only. They are not warranties of the appearance of the material Buyer will receive, and screen and print reproduction cannot accurately convey color, tone, or scale.
5.3 Natural characteristics are not defects. The following are inherent characteristics of natural stone, are not defects, and are not grounds for rejection, claim, return, credit, or replacement:
- Veining, movement, mineral streaking, and color banding, including variation from one end of a slab to the other;
- Pits, voids, fissures, dry seams, stylolites, calcite lines, glass, iron spotting, and open grain;
- Resin, epoxy, wax, cement, or color fill, and fiberglass or mesh backing, all standard, accepted quarry and finishing practices;
- Shade, tone, and gloss variation within a slab, between slabs of the same name, and between bundles, lots, and production runs;
- Minor variation in thickness, size, squareness, edge condition, calibration, and finish within customary commercial tolerances;
- Differences in appearance between finishes of the same stone, and change in appearance after fabrication, cutting, polishing, or sealing.
5.4 Stone names are trade descriptions.. Names such as “Calacatta,” “Statuario,” and “Thassos” are trade and market descriptions, not standardized specifications. Material sold under the same name may differ substantially from block to block and quarry to quarry.
5.5 Measurements are Buyer’s responsibility. Buyer is solely responsible for determining the quantity of material required. Field measurements and take-offs must be performed by Buyer or Buyer’s fabricator or installer at the job site. Any estimate we furnish is a courtesy reference only and may not be relied upon. Mega Marble is not liable for shortages, excess material, or any resulting cost.
INSPECTION, ACCEPTANCE, AND CLAIMS
6.1 Inspection. All material should be inspected before it leaves our facility, and it is Buyer’s responsibility to arrange a time for that inspection. Contact us to schedule; we will work around Buyer’s schedule and will make material available during normal business hours, unwrapped and uncrated on reasonable request. If material leaves our facility uninspected, it is Buyer’s sole responsibility to arrange for it to be inspected — by Buyer, by Buyer’s fabricator, or by whoever takes receipt of it — before any fabrication or installation begins. Mega Marble does not appoint any fabricator, installer, contractor, carrier, or other recipient as Buyer’s agent, and no such party’s acceptance of a delivery is Buyer’s inspection. Failure to arrange or perform an inspection does not extend any deadline in this Section.
6.2 Twenty-four-hour claim window. All claims for shortage, breakage, damage, or material not conforming to the order are waived unless Buyer notifies Mega Marble in writing, with photographs, within twenty-four (24) hours after pickup or delivery. Any visible damage or shortage should also be noted on the delivery receipt or bill of lading at the time of receipt.
6.3 Layout and blending before fabrication. Before any cutting, fabrication, sealing, modification, or installation, material must be fully inspected — unwrapped, uncrated, and in adequate light — and laid out, dry-laid, culled, and blended as necessary to achieve an acceptable result. Buyer must obtain the approval of Buyer’s own client, architect, or designer before fabrication begins.
6.4 Fabrication or installation is acceptance. Cutting, fabricating, sealing, modifying, or installing material constitutes Buyer’s final and irrevocable acceptance of that material. No claim of any kind will be accepted, and no return, credit, replacement, or allowance will be issued, for material that has been cut, fabricated, sealed, modified, or installed — including any claim based on color, veining, shade, tone, pattern, movement, finish, size, or thickness, or on any characteristic described in Section 5 — except as provided in Section 6.5.
6.5 Latent defects; installation defects. The sole exception to Section 6.4 is a latent defect in the material itself that was not reasonably discoverable by the inspection this Section requires — such as failure of a resin or epoxy fill, or delamination originating within the stone. Buyer must notify Mega Marble in writing, with photographs, within five (5) business days of discovery and in no event more than one (1) year after pickup or delivery. The natural characteristics described in Section 5 are not latent defects.
Any defect arising from or connected to installation is the sole liability and responsibility of the installer. Buyer’s sole remedy for a latent defect in the material is as set out in Section 6.6, subject at all times to the limitations and cap in Section 12.
6.6 Sole remedies; preservation. For material properly claimed under this Section, Buyer’s sole and exclusive remedies are, at Mega Marble’s option: (a) replacement of the non- conforming material; (b) a credit for the amount paid; or (c) a refund of the amount paid upon return of the material. Mega Marble is not liable for fabrication, installation, removal, replacement, labor, delay, job-site cost, or any other cost. Until a claim is resolved, Buyer must preserve the material at issue intact — uncut, uninstalled, and undisposed of — and give Mega Marble reasonable access to inspect the material, the job site, and related documentation. Material that is cut, fabricated, installed, discarded, or otherwise made unavailable for our inspection is not eligible for any remedy.
6.7 Accommodations. Mega Marble may choose to resolve any matter as a customer accommodation. An accommodation is voluntary, is not an admission that material is defective, and does not modify these Terms or entitle Buyer or any other person to the same treatment in the future.
6.8 Waiver. Buyer waives all claims not asserted in compliance with this Section, subject to Section 15.1.
DELIVERY, PICKUP, AND RISK OF LOSS
7.1 Dates are estimates. All shipping, arrival, and delivery dates are estimates only. Mega Marble is not liable for delay or for any cost or damage resulting from delay. Time is not of the essence.
7.2 Title and risk of loss. Title and risk of loss pass to Buyer upon delivery of the material to Buyer or Buyer’s representative at the Delivery Point: (a) Buyer’s location on the order, if we deliver; (b) the point at which the carrier takes possession, if a carrier ships the material; or (c) our facility, if Buyer or Buyer’s representative picks up.
7.3 Transit damage. Mega Marble is not responsible for material damaged in transit after risk of loss has passed. Buyer is responsible for filing carrier claims at Buyer’s expense; we will provide reasonable supporting documentation.
7.4 Pickup. Buyer must provide a suitable vehicle, an adequate A-frame or rack, and proper strapping and padding for the safe transport of slabs. We may refuse to load a vehicle we consider unsuitable. Once loaded onto Buyer’s vehicle, material travels at Buyer’s sole risk regardless of who performed the loading.
7.5 Freight. Freight, crating, rigging, and delivery charges are non-refundable once incurred, including on returned or cancelled material.
RETURNS AND RESTOCKING
8.1 Authorization required. No material may be returned without a written Return Authorization (“RA”) issued by Mega Marble in advance. Material returned without an RA will be refused or held at Buyer’s risk and expense, and no credit will be issued. All returns are conditioned on our inspection of the returned material.
8.2 What may be returned.
- Stocked slabs: Buyer must request an RA within twelve (12) days of pickup or delivery. Material must be physically returned within thirty (30) days of RA issuance, uncut, unfabricated, undamaged, and in original condition.
- Tile and mosaics of every kind: FINAL SALE. Not returnable, refundable, exchangeable, or creditable under any circumstances. See Section 10.
- All other material: not returnable. See Section 10.
8.3 Restocking charge. Slabs accepted for return are subject to a restocking and handling charge of twenty-five percent (25%) of the original invoice price, plus all freight, crating, and delivery charges, which are non-refundable.
8.4 Condition requirements. Returned material must be in original, resalable condition. Material that is cut, fabricated, sealed, modified, installed, stained, defaced, or damaged after it leaves our facility will not be credited. Partial returns are not accepted; the full quantity of the item invoiced must be returned.
8.4.1 Damage, breakage, or nonconformity that is the subject of a timely claim under Section 6 is handled under Section 6 and is not disqualified by this Section. Culling, dry-laying, and unwrapping performed as required by Section 6.3 do not by themselves disqualify slabs from return.
8.5 Return freight. Buyer is responsible for all return freight and safe transport of returned material. Returns are accepted only at our facility during business hours; return by our truck requires prior written approval and is subject to a delivery charge.
CANCELLATIONS AND CHANGES
9.1 Cancellation by Buyer — stocked material. An order may not be cancelled or modified once accepted except with Mega Marble’s written consent. Where we consent, the following schedule applies, measured from the date of deposit:
- Within seventy-two (72) hours: the order may be cancelled and the deposit refunded in full.
- From seventy-two (72) hours through fifteen (15) days: cancellation is subject to a charge of twenty percent (20%) of the order total, with the balance of the deposit refunded.
- After fifteen (15) days: the order is non-cancellable and the deposit is forfeited as liquidated damages and not as a penalty, the parties agreeing that it is a reasonable pre-estimate of the damages from holding material off the market.
9.2 Special Order material.
(a) Buyer may cancel a Special Order at any time before we place the order with the quarry, mill, or supplier, subject to a charge equal to our actual documented costs, with the balance of the deposit refunded.
(b) Once the order has been placed with the quarry, mill, or supplier, Special Order, custom, cut-to-size, and imported-to-order material is non-cancellable and non-refundable, and Buyer is liable for the full purchase price under Section 2.3.
9.3 Changes. We are under no obligation to accommodate changes to an order after it is processed. If we choose to accommodate a change, any resulting cost is payable by Buyer when we accept the change, Buyer accepts any resulting delay, and Buyer remains responsible for any excess material.
9.4 Cancellation by Mega Marble. Mega Marble may cancel or suspend any order, in whole or in part, on written notice (email sufficient) for any reason — including Buyer’s failure to pay, Buyer’s insolvency, Buyer’s attempted assignment of the order without our consent, our reasonable insecurity regarding Buyer’s ability to perform, or unavailability of the material — in which case our sole obligation is to refund amounts paid on the cancelled portion. Where cancellation results from Buyer’s failure to pay amounts when due, the refund of the deposit is subject to the cancellation charges in Section 9.1, measured from the date of deposit.
SPECIAL ORDER AND FINAL SALE MATERIAL
10.1 Special Orders defined. “Special Order” means material we do not stock for our own inventory, or that is non-standard in size, custom made, cut to size, or altered in size, finish, or design at Buyer’s request. Special Orders are non-cancellable and non-returnable except as provided in Section 9.2(a).
10.2 Final sale material. The following are sold FINAL SALE and are not returnable, refundable, exchangeable, or creditable:
- All tile and mosaics of every kind, including natural stone, porcelain, ceramic, glass, and metal, which vary by lot and cannot be returned to stock;
- Special Order, custom, cut-to-size, and imported-to-order material;
- Remnants, partial slabs, and offcuts;
- Closeout, clearance, discontinued, “off goods,” and “as-is” material;
- Any material identified as final sale, clearance, or non-returnable on the quotation or invoice;
- Material that has been cut, fabricated, sealed, modified, or installed;
- Opened cartons, partial cartons, and partial quantities of any item;
- Samples, sample boxes, and display material;
- Sealers, adhesives, setting materials, grouts, chemicals, cleaners, maintenance products, and tools.
10.3 As-is sales. Remnants, partial slabs, offcuts, closeouts, and material sold as-is are sold in their existing condition and dimensions, with all faults, without measurement, inspection obligation, or warranty of any kind on our part. Buyer is responsible for inspecting, measuring, and evaluating such material before purchase, and for its loading and transport.
10.4 Nothing in this Section limits Buyer’s rights under Section 6.5 (latent defects) or Section 15.1 (consumer rights).
SEALING, ETCHING, CARE, AND WEAR
11.1 Sealing is required. Natural stone is porous and must be sealed with an appropriate penetrating sealer before use and resealed periodically per the sealer manufacturer’s instructions. Sealing is Buyer’s responsibility and is not performed by Mega Marble. Sealing reduces but does not eliminate the risk of staining.
11.2 Improper sealing — both directions. Sealer must be selected, applied, and maintained strictly per the manufacturer’s written instructions, and improper sealing causes problems in both directions. Unsealed or under-sealed stone is exposed to staining, absorption, and discoloration. Over-application — too much sealer, recoating before prior coats have penetrated and cured, or failing to remove excess within the manufacturer’s wipe-off window — leaves cured residue on the surface that causes hazing, streaking, cloudiness, blotching, a sticky or plastic-feeling film, uneven sheen, and darkening, and often requires professional stripping and refinishing to correct. Damage, discoloration, or appearance change resulting from the selection, application, over-application, under-application, or maintenance of any sealer, cleaner, enhancer, or other treatment is not a defect in the material and is not the responsibility of Mega Marble, whether or not the product was purchased from us. Test any sealer or cleaner on a sample or an inconspicuous area before general application.
11.3 Marble and calcareous stone will etch. Marble, limestone, travertine, and onyx are calcium-based and react chemically with acids. Contact with wine, citrus, vinegar, coffee, tomato, alcohol, carbonated beverages, and many common cleaners will produce dull spots, rings, or marks known as etching. Etching is a chemical reaction with the stone itself, occurs on sealed and unsealed stone alike, is not preventable by sealing, and is not a defect. Buyers selecting marble for kitchens, bars, vanities, and other wet or high-use areas do so with knowledge of this characteristic.
11.4 Patina and wear. All stone will scratch, dull, chip, and wear with use — more visibly in high-traffic areas and on light-colored stone. No guarantee is made against wear and tear. Many buyers regard the resulting patina as desirable; those who do not should select a different material.
11.5 Suitability is Buyer’s decision. Buyer is solely responsible for determining whether a given stone, finish, and thickness are suitable and acceptable for the intended use, location, and design — including exterior, wet, freeze-thaw, high-traffic, commercial, and food-preparation applications. Any guidance, opinion, or suggestion we offer about the suitability of a stone, a finish, a sealer, or an application is a general recommendation only — not a specification, endorsement, warranty, or professional advice — and the decision is Buyer’s alone to make. Mega Marble is not responsible for any failure resulting from use of material in an application for which it is not suited.
11.6 Installation-related conditions. Mega Marble is not responsible for staining, discoloration, picture framing, lippage, moisture migration, efflorescence, or shade differences resulting from setting materials, grout, sealers, substrate, underlayment, moisture, workmanship, or site conditions.
WARRANTY DISCLAIMER AND LIMITATION OF LIABILITY
12.1 Sold as-is; all warranties disclaimed. All material is sold “AS IS” and “WITH ALL FAULTS.” Where a manufacturer’s warranty exists for a product, that warranty is the only warranty applicable to it, and our obligation is limited to passing it through to Buyer. MEGA MARBLE INC. DISCLAIMS ALL WARRANTIES WITH RESPECT TO ANY MATERIAL, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. No statement, sample, image, or recommendation by Mega Marble or its employees creates a warranty or modifies this disclaimer, and we do not warrant that any material will meet Buyer’s requirements or expectations.
12.2 Limitation of damages; cap. IN NO EVENT WILL MEGA MARBLE INC. BE LIABLE FOR LOST PROFITS, LOST SALES, DELAY, LOSS OF USE, DIMINUTION IN VALUE, OR ANY SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, ON ANY LEGAL THEORY. OUR TOTAL LIABILITY ARISING OUT OF OR RELATING TO ANY MATERIAL OR ORDER, FROM ALL CAUSES COMBINED, WILL NOT EXCEED THE PRICE BUYER PAID FOR THE SPECIFIC MATERIAL GIVING RISE TO THE CLAIM. We are not liable for the cost of fabrication, templating, installation, removal, disposal, replacement, refinishing, labor, freight, storage, job-site delay, or remobilization. Nothing in this Section limits liability for personal injury to the extent such limitation is prohibited by law.
12.3 Fabrication and installation. Mega Marble is not liable for any damage arising from the fabrication or installation of material, or from any contract for fabrication or installation, regardless of whether we referred the fabricator or installer. Buyer is solely responsible for evaluating, selecting, and engaging any fabricator or installer.
12.4 Time limit on actions. NO ACTION FOR BREACH OF ANY CONTRACT FOR SALE UNDER THESE TERMS MAY BE BROUGHT BY BUYER MORE THAN ONE (1) YEAR AFTER THE MATERIAL IS DELIVERED OR PICKED UP, as permitted by O.C.G.A. § 11-2-725(1). The period is tolled during the notice period in Section 14.4 and while a claim under Section 6 is pending. This Section does not apply to personal-injury claims or to any claim for which a shortened period is prohibited by law.
12.5 Indemnity; no setoff. Buyer will indemnify, defend, and hold harmless Mega Marble from all claims, costs, and liabilities, including reasonable attorney’s fees, arising from (a) the negligence or willful misconduct of Buyer or Buyer’s agents, employees, fabricators, installers, or contractors, or (b) the fabrication, handling, or installation of the material by Buyer or any third party. A Buyer that is a fabricator, installer, contractor, builder, designer, or dealer further agrees to indemnify Mega Marble against any claim of silica exposure or silica-related disease arising from the fabrication or handling of material purchased from us. These indemnities do not extend to claims arising from Mega Marble’s own negligence or willful misconduct, do not apply to the extent prohibited by O.C.G.A. § 13-8-2(b), and do not apply to a Buyer purchasing for personal, family, or household purposes. Buyer’s obligation to pay amounts owed to us is not subject to setoff, deduction, or counterclaim, except for a Buyer purchasing for personal, family, or household purposes. Buyer acknowledges that our prices reflect this allocation of risk, that these limitations are an essential basis of the bargain, and that they apply even if any limited remedy fails of its essential purpose.
12.6 This Section is subject to Section 15.1.
PAYMENT DISPUTES AND CHARGEBACKS
12.1 Sold as-is; all warranties disclaimed. All material is sold “AS IS” and “WITH ALL FAULTS.” Where a manufacturer’s warranty exists for a product, that warranty is the only warranty applicable to it, and our obligation is limited to passing it through to Buyer. MEGA MARBLE INC. DISCLAIMS ALL WARRANTIES WITH RESPECT TO ANY MATERIAL, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. No statement, sample, image, or recommendation by Mega Marble or its employees creates a warranty or modifies this disclaimer, and we do not warrant that any material will meet Buyer’s requirements or expectations.
12.2 Limitation of damages; cap. IN NO EVENT WILL MEGA MARBLE INC. BE LIABLE FOR LOST PROFITS, LOST SALES, DELAY, LOSS OF USE, DIMINUTION IN VALUE, OR ANY SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, ON ANY LEGAL THEORY. OUR TOTAL LIABILITY ARISING OUT OF OR RELATING TO ANY MATERIAL OR ORDER, FROM ALL CAUSES COMBINED, WILL NOT EXCEED THE PRICE BUYER PAID FOR THE SPECIFIC MATERIAL GIVING RISE TO THE CLAIM. We are not liable for the cost of fabrication, templating, installation, removal, disposal, replacement, refinishing, labor, freight, storage, job-site delay, or remobilization. Nothing in this Section limits liability for personal injury to the extent such limitation is prohibited by law.
12.3 Fabrication and installation. Mega Marble is not liable for any damage arising from the fabrication or installation of material, or from any contract for fabrication or installation, regardless of whether we referred the fabricator or installer. Buyer is solely responsible for evaluating, selecting, and engaging any fabricator or installer.
12.4 Time limit on actions. NO ACTION FOR BREACH OF ANY CONTRACT FOR SALE UNDER THESE TERMS MAY BE BROUGHT BY BUYER MORE THAN ONE (1) YEAR AFTER THE MATERIAL IS DELIVERED OR PICKED UP, as permitted by O.C.G.A. § 11-2-725(1). The period is tolled during the notice period in Section 14.4 and while a claim under Section 6 is pending. This Section does not apply to personal-injury claims or to any claim for which a shortened period is prohibited by law.
12.5 Indemnity; no setoff. Buyer will indemnify, defend, and hold harmless Mega Marble from all claims, costs, and liabilities, including reasonable attorney’s fees, arising from (a) the negligence or willful misconduct of Buyer or Buyer’s agents, employees, fabricators, installers, or contractors, or (b) the fabrication, handling, or installation of the material by Buyer or any third party. A Buyer that is a fabricator, installer, contractor, builder, designer, or dealer further agrees to indemnify Mega Marble against any claim of silica exposure or silica-related disease arising from the fabrication or handling of material purchased from us. These indemnities do not extend to claims arising from Mega Marble’s own negligence or willful misconduct, do not apply to the extent prohibited by O.C.G.A. § 13-8-2(b), and do not apply to a Buyer purchasing for personal, family, or household purposes. Buyer’s obligation to pay amounts owed to us is not subject to setoff, deduction, or counterclaim, except for a Buyer purchasing for personal, family, or household purposes. Buyer acknowledges that our prices reflect this allocation of risk, that these limitations are an essential basis of the bargain, and that they apply even if any limited remedy fails of its essential purpose.
12.6 This Section is subject to Section 15.1.
PAYMENT DISPUTES AND CHARGEBACKS
13.1 Buyer agrees to notify Mega Marble in writing of any issue with material or an invoice, and to give us a good-faith opportunity to resolve it — we will respond within five (5) business days — before initiating a chargeback or payment dispute with a card issuer, bank, or payment processor.
13.2 For a Buyer not purchasing for personal, family, or household purposes, a chargeback initiated without first complying with Section 13.1 is a breach of these Terms, and Buyer is responsible for the chargeback fees, processing costs, and reasonable attorney’s fees we incur in responding to it.
13.3 While a chargeback or payment dispute is pending, we may withhold release of material and suspend performance on any order. If the disputed amount is not restored, we may cancel the affected order under Section 9.4 and, if material was already delivered, recover it or invoice Buyer for its price.
GOVERNING LAW, VENUE, AND DISPUTE RESOLUTION
14.1 Governing law. These Terms and all orders are governed by the laws of the State of Georgia, without regard to its conflict-of-laws principles. The United Nations Convention on Contracts for the International Sale of Goods does not apply.
14.2 Venue and jurisdiction. Buyer irrevocably consents to the exclusive jurisdiction and venue of the magistrate, state, and superior courts of Fulton County, Georgia, and of the United States District Court for the Northern District of Georgia, for any action arising out of or relating to these Terms or any order, and waives any objection to venue in those courts, including forum non conveniens.
14.3 Attorney’s fees. In any action to enforce or arising out of these Terms, the prevailing party is entitled to recover its reasonable attorney’s fees, expenses, and court costs, subject to O.C.G.A. § 13-1-11 where that statute applies.
14.4 Informal resolution first. Before commencing any action, the complaining party will give the other written notice describing the dispute and allow thirty (30) days to resolve it in good faith. Any applicable limitation period, including Section 12.4, is tolled during those thirty (30) days. This Section does not prevent either party from seeking injunctive relief or Mega Marble from collecting an undisputed past-due amount.
GENERAL
15.1 Consumer rights are not waived. Nothing in these Terms limits, waives, or restricts any right a Buyer purchasing for personal, family, or household purposes has under the Georgia Fair Business Practices Act, O.C.G.A. § 10-1-390 et seq., or under any other law where such limitation or waiver is prohibited. To the extent any provision would have that effect as to such a Buyer, it does not apply to that Buyer, and the remainder of these Terms continues in effect.
15.2 Force majeure. Mega Marble is not liable for any failure or delay caused by circumstances beyond our reasonable control, including quarry closure or shortage, supplier failure, fire, flood, storm, war, civil unrest, epidemic, labor dispute, embargo, tariff, port congestion, carrier delay, customs action, or act of any governmental authority. Time for performance is extended by the period of the delay.
15.3 Severability; no waiver. If any provision is held invalid or unenforceable, it will be reformed or limited only to the extent necessary, and the remaining provisions continue in full force. Our failure to require performance, or an accommodation we grant that these Terms do not require, does not waive our right to require performance thereafter or waive any later breach. No course of dealing, course of performance, or usage of trade modifies these Terms.
15.4 No third-party beneficiaries; assignment. These Terms create rights and obligations solely between Buyer and Mega Marble. We owe no duty or warranty to Buyer’s customer, client, homeowner, general contractor, tenant, lender, architect, designer, fabricator, installer, or any subsequent owner of the material or the property. Buyer may not assign any right or obligation under these Terms without our prior written consent; Mega Marble may assign freely.
15.5 Entire agreement; updates; survival. These Terms, together with the applicable quotation, order acknowledgment, and invoice, are the entire agreement between the parties on their subject matter and supersede all prior communications, proposals, samples, and representations. Mega Marble may update these Terms from time to time; revised Terms apply only to orders placed after Buyer has received notice of them. The version in effect on the date an order is accepted governs that order, and the current and superseded versions are available on our website. Provisions that by their nature should survive completion, cancellation, or termination of an order — including disclaimers, limitations of liability, and indemnities — survive.
Mega Marble Inc. 1660 Northeast Expressway NE, Atlanta, Georgia 30329 · megamarbleatl.com
Version 1.0 — Effective September 23, 2026
