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Terms of Sale
The terms that apply to every quote, order, delivery and invoice from Sunset Stone Company.
Last updated September 24, 2026
- 1. What these terms cover
- 2. Quotes, prices and freight
- 3. Payment
- 4. Weights, quantities and counts
- 5. Natural stone varies — this is not a defect
- 6. Dimensions and tolerances
- 7. Laboratory test results
- 8. Delivery, title and risk of loss
- 9. Site access and unloading — Buyer's responsibility
- 10. Inspection and claims
- 11. Returns
- 12. We sell stone — we do not design or install
- 13. Limited warranty and disclaimer
- 14. Limitation of liability
- 15. Events outside our control
- 16. Governing law
- 17. Changes to these terms
1. What these terms cover
These Terms of Sale apply to every quote, order, delivery and invoice from Sunset Stone Company ("Sunset Stone," "we," "us"). By placing an order, accepting delivery, or paying an invoice, you ("Buyer") accept these terms.
These terms govern unless Sunset Stone has signed a separate written agreement with you that says otherwise. Terms printed on a Buyer's purchase order, portal submission or other form do not apply and are expressly rejected, even if we ship against that purchase order.
2. Quotes, prices and freight
Quotes are estimates based on the information you give us and are valid for the period stated on the quote. If no period is stated, a quote expires thirty (30) days from its date.
Stone is sold by the ton unless the product is sold by the piece (steps, slabs and certain sawn products) or by the linear foot (capstone). Freight is quoted separately from stone and reflects trucking market rates at the time of the quote. Freight markets move; a freight number can change between quote and dispatch, and we will tell you before we book a truck at a different rate.
Prices do not include sales tax, permits, unloading, equipment rental, storage, or any site work. Buyer is responsible for any applicable sales or use tax and for providing a valid exemption certificate if claiming exemption.
3. Payment
Unless we have agreed otherwise in writing, payment is due on the terms stated on the invoice. Our default payment method is ACH bank transfer. Payment by credit card, where accepted, carries a 3% processing fee which is waived when you pay by ACH.
Some orders are prepaid before production or shipment. A prepaid order is not a shipped order; production and delivery are scheduled separately.
Past-due balances may accrue interest at the lesser of 1.5% per month or the maximum rate allowed by law, and Buyer is responsible for reasonable costs of collection, including attorney fees, to the extent permitted by law. We may withhold further shipments while a balance is past due.
4. Weights, quantities and counts
A standard truckload is approximately 24 tons. That figure is a planning estimate, not a guaranteed shipping weight — legal axle weights, block sizes and moisture all move the real number.
The certified scale weight taken when the load leaves the quarry is the billing weight. Where a load is weighed at an outbound scale after processing, that ticket governs for that load. Scale tickets are available on request.
Piece counts for steps, slabs and other per-piece products are counted at loading. Coverage figures (for example, square feet of wall face per ton) are approximations for planning only and depend on block size, joint thickness, wall batter, waste and workmanship. We recommend ordering additional material to allow for cutting, breakage and selection.
5. Natural stone varies — this is not a defect
Limestone is a natural material cut from a working quarry ledge. Color, tone, veining, fossil content, grain, surface texture and density vary naturally between blocks, between pallets, between loads, and between one part of the ledge and another. Stone quarried months apart will not match.
Samples, photographs, gallery images, showroom displays and product pages are representative only. They show a range, not a guarantee. The stone you receive will differ in appearance from any sample or image, and that variation is a normal characteristic of the product — not a defect and not grounds for rejection.
Natural stone also changes after installation. Expect weathering, patina, lichen, moss, and possible efflorescence (a whitish mineral bloom) as moisture moves through the stone and any mortar or backfill. Iron inclusions can cause localized staining. These are characteristics of natural stone.
If close color consistency matters to your project, tell us before you order and take the whole quantity from a single run where possible. We will help, but we cannot guarantee a match.
6. Dimensions and tolerances
Dimensions we publish are nominal and carry normal quarrying and milling tolerances:
- 14" natural ledge stone: 14" thickness with approximately ±1" natural variance; bed depths typically 18–24" (25–40" on Wides); lengths typically 3–7'.
- Milled ledge stone: planed on the top and bottom beds to approximately 12¾" with about ±¼" variance. Milling flattens the beds so courses stack; it does not make the stone dimensionally uniform, and the face is not milled.
- Step treads and sawn products: sawn surfaces are held to closer tolerance than split or natural surfaces, but remain a natural product.
Individual blocks commonly weigh between 800 and 2,000 pounds.
7. Laboratory test results
We publish independent laboratory results for our limestone, including compressive strength, absorption and abrasion figures. Those results come from specific samples tested on specific dates and are reported to show the general character of the material.
They are not a warranty, a specification, or a representation that every block, ledge, load or shipment will meet those values. Test values vary between samples — our own reported compressive strength results ranged across individual specimens, and the published figure is an average.
If your project is engineered, specified, load-bearing, or subject to agency approval (for example a DOT, municipal or commercial specification), you or your engineer must independently sample and test the material actually supplied, against the governing specification, before it is incorporated into the work. Do not rely on our published figures for that purpose. We will cooperate with sampling and provide available reports on request.
8. Delivery, title and risk of loss
Delivery dates are estimates. Quarry production, weather, ground conditions, equipment and carrier availability all affect scheduling. We are not liable for losses caused by a late or rescheduled delivery.
Where freight is arranged by Sunset Stone: title and risk of loss pass to Buyer on arrival at the delivery site, before unloading.
Where Buyer arranges freight or picks up: title and risk of loss pass to Buyer when the stone is loaded onto Buyer's (or Buyer's carrier's) truck at our quarry or yard. Buyer is responsible for securing and legally loading the material from that point.
Pick-up is available at our locations during posted business hours by prior arrangement.
9. Site access and unloading — Buyer's responsibility
Our stone ships on flatbed trailers at roughly 80,000 pounds gross. Buyer unloads. Sunset Stone does not unload, and drivers are not required or permitted to operate Buyer's equipment.
Before delivery, Buyer must confirm that:
- The route and site can accept a fully loaded tractor-trailer, including turning radius, overhead clearance, bridge and road weight limits, and firm ground. Loaded trucks sink in soft ground and crack pavement.
- Suitable unloading equipment and a trained operator are on site and ready at the scheduled time — typically a mid-to-large skid steer with forks, or a mini excavator with a thumb. Blocks weigh up to about 2,000 pounds.
- The unloading area is clear and safe, and any bystanders are kept clear.
Buyer is responsible for damage to driveways, curbs, pavement, landscaping, irrigation, septic systems, underground utilities and other property arising from truck access to, or movement on, the delivery site, and for any damage or injury occurring during unloading.
The standard unloading window is 1.5 hours from the truck's arrival. Time beyond that may incur detention or demurrage charges from the carrier, which are passed through to Buyer. If a truck arrives and cannot be unloaded, Buyer is responsible for redelivery, storage and return freight charges.
10. Inspection and claims
Inspect the stone when it arrives. Note any shortage, visible damage or apparent non-conformity on the delivery receipt or bill of lading before the driver leaves, and photograph it.
Claims must be made in writing to Sunset Stone within ten (10) days of delivery or pick-up.
CLAIMS MUST BE MADE BEFORE THE STONE IS INSTALLED. Installing, cutting, setting, mortaring or otherwise incorporating stone into the work is acceptance of that stone. We cannot accept a claim for appearance, color, dimension or quality on stone that has already been installed, and we are not responsible for the cost of removing, replacing or rebuilding installed work.
Where a claim is accepted, our obligation is limited as stated in Section 13. Please give us a reasonable opportunity to inspect the material before it is moved or disposed of.
11. Returns
Returns require our written authorization in advance. Custom, cut-to-size, milled, sawn and special-order material is not returnable. Authorized returns of standard material must be in original, undamaged, saleable condition, are at Buyer's freight expense, and may be subject to a restocking charge. We do not accept returns of stone that has left a job site in unsaleable condition.
12. We sell stone — we do not design or install
Sunset Stone Company supplies material only. We do not provide installation, masonry, excavation, engineering, geotechnical, architectural or design services, and we do not inspect job sites or supervise construction.
This matters most for retaining walls, which carry real structural and safety consequences. The design of a wall — its height, batter, base preparation, compaction, drainage, backfill, geogrid or reinforcement, global stability, surcharge loading, frost depth, and compliance with local codes and permitting — is the sole responsibility of Buyer and Buyer's qualified engineer or contractor. The same applies to steps, treads, columns, paving and any other application.
Any comment we make about tonnage, coverage, block sizes, typical practice or what has worked for other customers is general information offered in good faith, not engineering advice, and must not be relied on as a design. Have your project designed and inspected by a qualified professional.
Natural stone is heavy and can shift, roll or fall. Handling, lifting, stacking and installation must be done by trained people with proper equipment.
13. Limited warranty and disclaimer
Limited warranty. Sunset Stone warrants that stone supplied will be the product and grade ordered, and will be free from defects that make it unsuitable for its ordinary use as a natural stone building material, subject to all of the natural variation described in Section 5 and the tolerances in Section 6. This warranty runs to the original Buyer only and is not transferable.
This warranty does not cover natural variation in color, texture, veining or fossil content; weathering, patina, efflorescence or staining; damage from handling, transport by others, unloading, storage, installation or workmanship; damage from settlement, movement, inadequate base preparation or drainage; damage from de-icing salts, chemicals or power washing; or stone that has been cut, modified or installed.
DISCLAIMER OF WARRANTIES. EXCEPT FOR THE LIMITED WARRANTY STATED ABOVE, SUNSET STONE COMPANY MAKES NO WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AND SPECIFICALLY DISCLAIMS THE IMPLIED WARRANTY OF MERCHANTABILITY AND THE IMPLIED WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE. NATURAL STONE IS SOLD AS A NATURAL PRODUCT, "AS IS," WITH ALL VARIATION DESCRIBED IN THESE TERMS. NO SAMPLE, PHOTOGRAPH, TEST RESULT OR STATEMENT BY ANY EMPLOYEE OR SALESPERSON CREATES A WARRANTY OR A SPECIFICATION THAT THE STONE MUST MEET.
14. Limitation of liability
LIMITATION OF LIABILITY. TO THE FULLEST EXTENT PERMITTED BY LAW, SUNSET STONE COMPANY'S TOTAL LIABILITY ARISING OUT OF OR RELATED TO ANY ORDER, PRODUCT OR DELIVERY SHALL NOT EXCEED THE AMOUNT THE BUYER ACTUALLY PAID FOR THE SPECIFIC STONE GIVING RISE TO THE CLAIM. SUNSET STONE COMPANY SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, LOST TIME, EQUIPMENT RENTAL, LABOR, RE-WORK, DELAY DAMAGES, JOB-SITE COSTS, OR DAMAGE TO THE STRUCTURE INTO WHICH THE STONE IS INCORPORATED, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BUYER'S SOLE AND EXCLUSIVE REMEDY IS REPLACEMENT OF NON-CONFORMING STONE OR REFUND OF THE PURCHASE PRICE FOR THAT STONE, AT SUNSET STONE COMPANY'S OPTION.
Some states do not allow certain limitations, so parts of this section may not apply to you. Nothing in these terms limits liability that cannot be limited under applicable law.
15. Events outside our control
We are not liable for any delay or failure to perform caused by events beyond our reasonable control, including weather, frozen or saturated ground, quarry or equipment conditions, fire, flood, labor shortage or dispute, carrier or fuel availability, accident, utility or network failure, epidemic, government action, or acts of God.
16. Governing law
These terms are governed by the laws of the State of Kansas, without regard to its conflict-of-laws rules. The parties consent to venue and jurisdiction in the state and federal courts located in Kansas.
If any provision of these terms is held unenforceable, the rest remain in effect. Our failure to enforce a provision is not a waiver of it.
17. Changes to these terms
We may update these terms. The version posted at the time your order is accepted is the version that applies to that order. The current version is always published at sunsetstoneco.com.
Our other policies
Questions about any of this? Call (785) 262-9064 or email nic.sunsetstone@gmail.com. We would rather talk it through before you order than after.