Item # 1597
If you're looking for a stunning water feature with a great sound of falling water, consider the Octavia. It features a ball finial and an octagonal column. The column is designed to appear as if it were designer blocks atop one another. On four sides the spouts are mounted to continuously pour the water into the lower pond. Imagine this spout water fountain inside your circle drive-through or business setting.
NOTE: The original pond is a monolith (one-piece) and requires a forklift on site for delivery. If you would like to consider a "hybrid" pond that comes in sections and does not need a forklift at delivery, then please contact us for a quote.This cast stone fountain is made in the U.S.A. to last beyond decades into the future. It is heavy-weight and will withstand strong winds better than resin. The color finishes have been developed to hold up to the sun and water. Ask our specialists for a sample on cast stone.
Size: 7' H x 5' 10" Dia
Material: Cast stone (concrete) with weather-tested color finish
Lead Time to Ship: Between April and September, production time is 6-8 weeks. At other times, production time is 4-6 weeks.
If you're looking for parts, please contact Donna at 1-855-222-1001
Giannini Garden Ornaments was founded in 1993 by Marino and Piera Giannini. Their first designs were hanging wall fountains and planters. Giannini now occupies a 2.5 acre factory and showroom in South San Francisco, California. We cast up to 900 cast-stone fountains and statue molds a day that form fountains, planters, pedestals, benches and statues that the Giannini's design and all are produced on site. Marino and Piera are now joined by their sons, Pier Luigi and Alessandro who help run the stone cast factory and showroom right here in the San Francisco, Bay Area.
As a truly hands-on business it takes two to three months to take one of Marino's drawings from start to finish and involves a skilled process of hand sculpting and mold making. When the mold is ready for production, it is filled with a slurry of high quality cement, aggregates, water, steel, synthetic fibers, and additives to ensure strength and durability. The product is then cured and finished with one of their 20 signature colors that are applied by hand.
Not all of Giannini's beautiful garden decor are on our website. Download their full catalogs and browse them at your leisure. When you find something, just contact us and we'll get a quote to you right away.
These wonderful colors are durable and have proven to withstand harsh weather conditions.
NOTE: The color Antico arrives green and needs a few weeks to age to the color shown. Spraying with water and setting in the sun will help to expedite the aging process to green.
FINISH AND COLOR VARIATIONS: The colors represented in this catalog give you a range of what our finishes look like. They will never be exactly like shown because photography, lighting, and the printing process, changes the tone of the colors.
We know from experience the impossibility to guarantee the homogeneity of the finish of our product. Through the manufacturing process, these garden ornaments are treated in a way that give them certain unique characteristics.
All garden ornaments are hand-poured and finished manually, therefore they vary according to many factors: how long the piece has been cured, the weather on the day it was finished, who is doing the finishing, and the texture of the piece. All theses factors add to the uniqueness and authenticity of our garden ornaments.
No two items look alike. Variations are completely normal.
The beautiful color finishes are made to look like they have always been in your garden or that you found them on an antiquing trip. The finish will also be enhanced with the passage of time and weather exposure, and will pick up their own natural patina.
NOTE: Colors are not guaranteed to be exactly what you see on your monitor or printed page. To receive color samples on cast stone media, first request a quotation. When you receive your quote and are still interested in purchasing it from us, then contact us with the colors you would like to have. We can offer a couple complimentary samples and there will be a charge for more.
First off, be assured that your shipment is insured during transit. What happens during delivery depends on the service. If you have lift-gate service or curbside delivery (see below), then your merchandise is insured until the trucker off-loads the merchandise and sets it on the ground. If you don't have lift-gate service, then you are responsible for off-loading the merchandise and you take possession on the truck. If you damage it while taking it off the truck, then the insurance won't cover the damage. Take photos before you take possession.
A "freight" shipment doesn't go by UPS, FedEx or the like (called "common carrier"). These companies have a limit on the size and weight of the boxes.
When your order is too large or too fragile for UPS, FedEx, etc. then it'll ship via "Freight". Bulk orders might ship freight if it's more economical than shipping several packages.
A freight shipment can arrive by an 18-wheeler semi truck or a 40-ft truck. If you live in a gated community it may not allow semi trucks to get to your home. You'll have to let us know or the shipper when you get the email about it shipping so that we arrangements to deliver your goods with an acceptable truck can be made.
All residential deliveries will have a lift-gate. A "lift-gate" is the elevator at the back of the truck. It lowers your crate or pallet to the ground. It's about 4-feet from the truck bed to the ground. This is also referred to as "curbside" delivery because the trucker is not required to move the merchandise beyond the curb. They are not to leave it in the street.
Some truckers carry a pallet jack to move your crate beyond the back of the truck. We always request this but cannot promise it as it is not a service the trucking company offers. The driver may or may not have a pallet jack. You can rent a pallet jack for the day from a local rental center.
A ramp is not good for crates or pallets because the goods can easily topple over crashing to the ground.
Thus, "freight" shipments are all about scheduling so that the truck making your delivery is properly equipped. We are dedicated to a smooth delivery of your freight items.
This outdoor decor is covered by a manufacturer/'s LIMITED warranty for one (1) year after purchase.
Your shipment will be insured. After delivery, neither Gardecor, Inc. nor the factory will be responsible for any broken or damaged items. Make sure that you or the people handling the products are careful with all the merchandise.
Our Value-Added Program includes assistance with your claim by our trained and experienced mediator. We have successfully turned around some denied claims with proper documentation and photos that customers provided.
NOTE: The warranty does not cover damage from white scale, lime scale, calcium buildup, or efflorescence. The warranty does not cover damage due to the use of chlorinated water. Chlorine is very harsh to cast stone. A sealant needs to be used on the stone to seal and protect it. Concrete Sealant can be purchased from your local hardware store. Read more about properly maintaining this water fountain here (this is the same document as the Installation document).
This manufacturer of garden ornaments has been designing and manufacturing quality fine garden ornaments including fountains, planters, benches, and statuary in the USA since 1993.
Neither Gardecor, Inc. nor the manufacturer are responsible for cracks due to filling hot fountains with cold water and vice versa, improper winter storage, or off-applications (used for something other than for what it was produced). Do not fill a fountain with water when the fountain is hot to the touch, cold water can cause cracks in the fountain. Do not add anything to the water unless it is specifically formulated for concrete as well as the color finish. If you purchase water treatment, test it on a small hidden part to ensure the color doesn/'t change or the concrete doesn/'t dissolve or the color doesn/'t change. Do not add salts around or to the fountain.
Caution: EXCESS WEIGHT OR PRESSURE ON THE FOUNTAIN MAY CAUSE IT TO FALL. KEEP CHILDREN AND OTHERS FROM CLIMBING, SITTING OR LEANING ON THE FOUNTAIN AND ITS COMPONENTS. MOST FOUNTAINS HAVE NO INTERLOCKING COMPONENT PARTS. THE COMPONENT PARTS ARE HELD BY GRAVITY ONLY. GLUING OR CEMENTING THE COMPONENT PARTS TOGETHER IS NOT RECOMMENDED. THE PARTS MAY NEED TO BE DISMANTLED TO REPLACE THE PUMP, HARDWARE, OR TO MOVE THE FOUNTAIN TO ANOTHER LOCATION.
NOTE: Hard water can damage the cast stone. Here is a map from the USGS showing areas of hard water, the red and white areas. To be certain, check your local water department because hard water areas can be localized. Such damage can void your warranty. Consider using a water softener additive to your fountain water after testing it on a hidden part of the fountain.
DELIVERY DATES Are Not Guaranteed. The factories and shipping companies are not in our control, and trucks can be delayed. We will provide estimated shipping dates, however, these are just an estimate. Refer to our Terms and Conditions of Sale for more information.
Once an item ships, it is your responsibility to track your shipment. Be aware that most shippers like UPS, FedEx, DHL, etc will deliver to the address, not the person. Our policies comply with the shippers' policies in every respect. William Tricker, Inc. does not in any way extend or modify the shipper's policies.
Customer agrees that neither William Tricker, Inc. nor the manufacturer are responsible for timelines, especially those set by the customer or the customer's installers. Do not schedule installers or prepare installation until your order arrives, you inspect it, and all items are in hand.
If there is a problem such as loss or damage, then notify us immediately. Note all damage on the shippers receipt and get a copy for your claim. Keep all packing material until your claim is closed. Detailed, in-focus photos may be required and customer agrees to supply them right away. If you don't, then your claim can be denied. You agree to allow a representative of the shipper to inspect the original merchandise and packing materials. Keep these on hand if you make a claim otherwise your claim may be denied.
Neither William Tricker, Inc. nor it's suppliers are responsible for lost or damaged shipments. This is the responsibility of the shipper. Either William Tricker, Inc. or the supplier will file a claim with the shipping company. No refund and no replacement will be made until the claim is approved by the transit company. Customer can offer suggestions, however, either William Tricker, Inc., the manufacturer or shippers will determine the best resolution, not the customer. If the customer refutes the resolution, then the customer is responsible for all costs above the resolution determined by William Tricker, Inc., the manufacturer, or the shipper.
Expected Shipping Schedule.
International Destinations. William Tricker, Inc. does not take responsibility to ship items outside of the continental USA. If your item is lost or damaged, neither William Tricker, Inc. nor the supplier is responsible. Where available, the shipment will be insured. For some freight shipments, we'll ship to a US port of entry/exit, and the customer is responsible for shipping into their country from there. Other responsibilities held by the customer include contracting the customs broker or an exporter to take care of your freight for international destinations. Contact us to determine whether we can ship your item outside the Continental USA.
Duties, customs, country taxes, brokerage fees, other international costs. The recipient is responsible for duties, customs fees, taxes, and other costs from international shipments. Contact your country's customs department to determine your final costs. Upon delivery, the recipient may have to pay duties and other customs fees. William Tricker, Inc. is not legally responsible for and do not pay these fees.
Shipping Rates Merchandise is shipped from different locations from different warehouses with different shipping policies, transit companies, and rates. That is why, at checkout, you may encounter a shipping rate for each item. If you believe the shipping was overestimated, please contact us to request a shipping quotation.
Free Shipping or Shipping Included? Where shipping is included with selected items, the shipping method will be our method of choice only to the Contiguous United States ("lower 48"). The customer will pay the additional cost for rush, expedited, overnight orders, and shipments outside the contiguous USA.
With rapidly fluctuating fuel costs, our prices can change, even after you place your order. Customer recognizes that this is beyond our control but additional charge we must pay. If this is the case, then the customer agrees to pay the increased rate.
Types of Shipping: Common Courier & Freight. There are two types of shippers, common courier and freight. "Common couriers" include UPS, FedEx, USPS. They transport the lighter and smaller items less than about 80 lbs and less than 10-ft long. There are other restrictions such as fragility that might prohibit your order to ship via common courier.
If your order can't go via common courier, it'll ship via "freight". Heavy and/or large items are shipped by freight (e.g., an 18-wheeler may deliver your merchandise.). The larger, heavier (over approx 80-100 lbs), or modestly large or heavy fragile items under 100 lbs might arrive by semi truck or a service other than common courier. The freight company might delivery your order in a semi-truck or might transfer your order to a small truck. The customer is responsible for arranging delivery.
"Lift-gate curbside" delivery is the standard service where the your merchandise is removed from the truck and placed them behind the truck - on the ground. For large items such as the 1-piece concrete pool, the driver will need your assistance. Ensure to have extra help available.
If the truck cannot fit into your driveway, your crate/s will be placed at the back of the truck. The driver is not obligated to further move the crate(s). Some carry pallet jacks and some don't. If they do, then they may move the crate as a courtesy to you.
If you require more than curbside service, please contact us for a "White Glove Service Estimate" (available for the wrought-iron merchandise, unavailable for cast-stone concrete items) where the merchandise is set in location, unpackaged, and the packing debris hauled away for you. White Glove is not available for all products. Call us.
If you live where semi trucks cannot travel (e.g., narrow and winding roads or gated communities), inform us of this so that your quotation will cover the proper delivery service. If you do not request this and an extra shipping cost is incurred, customer is responsible for the added cost.
Signature of receipt is required for all freight shipments. Ensure to inspect your shipment and if you notice any damage even to packing material, then get documentation signed by the driver listing the damage. If you don't get documentation of damage, your claim may not be approved. We recommend to add "Subject to Inspection" to the receipt and get a copy.
Levels of Freight Delivery Service.Commercial Delivery. Shipped to commercial zones (not residential areas) and client is responsible for unloading from the truck. Some drivers may help but are not obligated. The truck does not travel into residential areas.
Residential Delivery. Truck will travel into residential areas. Crate will be unloaded from the truck and placed at the end of your driveway for you (see above under "lift-gate curbside" service). Sometimes the truck can make it into a driveway, but we make to guarantee that is the case for all destinations. This is the level of service provided when items are shipped free.
If you're in a gated community that disallows certain trucks, additional fees will apply to transfer the goods to an appropriate truck.
White Glove Service comes in different levels depending on what you require. Not all items can ship via White Glove. Generally, the freight company will blanket ship to a third party who transports your order to you. This service may include uncrating, hauling away the packing materials, moving the items to your desired location inside or outside. The cost of this service depends on what lever you chose, how far from the truck your items must be moved (e.g., down a dirt or stone path, up several flights of stairs, etc.). We don't offer installation services such as for fountains. Contact us for details.Order Can't Be Delivered or is Refused? We are not responsible for charges when (1) the customer gives a wrong address, (2) the recipient is not home for all delivery attempts, or (3) recipient refuses shipment. If the shipper returns the item to us or our supplier after 2 or 3 delivery attempts, depending on the shipper's policies, for any reason, the customer will be charged for actual shipping and handling both ways as well as a restocking fee. We will redeliver the order at the customer's request after the customer pays the additional shipping and handling charges.
Custom-Made Merchandise. Personalized, made-to-order, special orders, or other custom-made or custom-assembled items such as spray rings, cast stone items, some artifical plants, etc. are not returnable, not refundable, and not cancelable. Ensure that you are ordering the correct item and it will fit your space and design. We have specialists available to help you decide on the right item for your application - please use them.
Full-Price Exchange or Return. All merchandise is inspected for damage before it ships. Replacements or returns for full price are granted only if the merchandise has a manufacturer defect or the wrong item was shipped. William Tricker, Inc. must be notified within 24 hours of receiving the item in order for a full-price return to be considered. William Tricker, Inc. and/or the supplier will decide whether an item will be replaced, repaired or refunded, and customer agrees to accept their decision. If an item is defected and can be repaired, William Tricker, Inc. or its supplier reserves the right to repair the item or send a repair kit, and the customer agrees to be responsible for performing the repair in lieu of returning the item. Customer will be provided with repair instructions.
General. No returns or refunds are granted because the item color does not exactly match the color on the monitor or when you print it. Customer has the option to receive a color sample for most merchandise. If you don't order a sample and the color isn't as you expect, then we cannot accept complaints about the color. For color-finished cast stone products, neither William Tricker, Inc. nor the factory will accept objections to the final product color if you don't request samples before ordering your merchandise. No refund or credit will be made if customer alters the product in any manner. If product is altered, customer must receive and follow the recommendation of the factory. No reimbursement will be made for any work or alteration done to a product without prior authorization before the work is started. No reimbursement will be made for late deliveries, installation, repairs or alterations. Returns or refunds are not authorized because an item differs by 10% or less in either dimension unless the customer pays actual shipping both ways and any restocking fees. Nor will returns or refunds be made for mistakes on the customer's part, such as entering the wrong address numbers for personalized address markers or having personnel on site if a delivery is delayed.
Check your receipt carefully immediately after ordering. Notify us within 24 hours of delivery if there is a problem with the product to be considered for a full-price return.
Other Exchange or Return. Returns for a selected items can be granted if the customer simply doesn't want the item. Custom merchandise described above are not included. The return must be requested within 1 week of receiving the merchandise, no exceptions. Customer is responsible for actual shipping both ways even if the item price included shipping or your invoice shows differently. Restocking policies and fees may apply when imposed by the supplier.
*** All returns must be approved by us before you return the item. ***
Clientele at William Tricker, Inc.Â® are treated with special attention because we are not just a click-n-buy shop. We make every effort to inform and educate our customers about their purchase. We do not rush you or pass on typical marketing phrases to get you to hurry up and order order â instead, we want you to take your time to ensure that you are ordering the right outdoor decor for you.
Our company philosophy is to encourage you to think about your purchase before committing to it. We also will work with you during installation and other issues that arise. We are here to help to make your purchase proceed fairly and smoothly. And, if an issue crops up after purchase, we are here to help mediate your warranty claim. We have turned around some denied factory warranty claims because of our outstanding rapport with the excellent factories.
We respect your privacy and disclose no personal information to other companies (shippers and manufacturers of course need your address and contact information). Your identity is treated as if your were to enter a retail store; we don't even know what you look like! We do not collect payment information for free quotations.
The checkout and account dashboard are securely encrypted with 128-bit encryption used by the banking industry. This type of encryption is so secure that the encryption program not allowed to be exported to unfriendly countries. This website is routinely audited for security against new hacking technologies and updated to prevent these attacks.
Cookies are used only to keep track of your shopping cart, checkout, and account login status. Links to the social websites are only links and do not add a cookie about you while on the William Tricker, Inc. websites. William Tricker, Inc. does not allow third party marketing agencies or social sites to track your activities for their benefit. We do not share or sell your information with third parties. The cookies expire when you close your browser unless you opted for the "Remember Me" selection. We do not track your visits to other websites.
We loathe spam, too. The only email you will receive is regarding your order or inquiry or if you opted in to receive our newsletter about product news, special offers, design concepts and ideas. We promise.
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY. BY PROCEEDING THROUGH CHECKOUT MEANS THAT YOU AGREE TO THESE TERMS OF SALE.
THESE TERMS AND CONDITIONS ("AGREEMENT") CONSTITUTE A BINDING AGREEMENT BETWEEN YOU AND GARDECOR, INC. ("GARDECOR"). THIS AGREEMENT SHALL GOVERN YOUR PURCHASES OF PRODUCTS AND/OR SERVICES FROM GARDECOR EITHER THROUGH GARDECOR'S WEBSITE OR BY YOUR SUBMISSION OF AN ORDER VIA PHONE, FACSIMILE, EDI, MAIL OR OTHER MEANS. THESE TERMS AND CONDITIONS PREVAIL OVER ANY AND ALL TERMS IN QUOTES OR OTHER CONTRACTS.
1. Payment terms are due on the date of William Tricker Inc.'s invoice, and for foreign shipments, William Tricker, Inc. may require full or partial payment in advance. Upon your failure to submit full or partial payment or other required documentation such as a signed credit card receipt or signed copy of these terms, William Tricker, Inc. may cancel or delay any or all orders hereunder and/or adjust prices to match those in effect at the time delayed shipment is made. Amounts past due are subject to a service charge equal to the lesser of 1.5% per month or the maximum rate permitted by law. Customer realizes that errors can be made such as in totaling estimates, quotes and orders or programming errors can be made. Customer will be given a chance to accept the correction before the order is fulfilled.
2. Any consumption, excise, sales, value added or other tax or import duty which may be applicable to the transactions conducted under this Agreement shall be invoiced to you as a separate item. In addition, the shipping costs pre-billed on your order or quote are only estimates. If the actual freight cost increases beyond what was used to determine the total cost of an order, whether or not shipping was part of a package deal in a quote or what the website calculates, the customer will pay the difference in freight costs. The actual shipping costs shall be passed on to you as either a credit or an additional charge.
3. Products shall be shipped via method as determined by William Tricker, Inc.. Title to, and risk of loss or damage to, the products shall pass to you upon William Tricker, Inc.'s delivery of the products to your location. William Tricker, Inc. reserves the right to use its own discretion in the manner and routing of shipments.
If you opt to pick up your order, then you are responsible for damage or any other mishaps as soon as your order is in your possession. If you opt to pick up your order and you don't pick it up within a reasonable time after your order is ready, then your order will be shipped to you and you are responsible for shipping costs.
If a freight item arrives damaged or is missing, then you must forward both documentation signed by the trucker noting such damage or missing items and, where applicable, detailed photos of the damage to William Tricker, Inc. for insurance purposes. Without signed documentation and photos, there is no guarantee that the product will be replaced at no cost to you. Customer will be responsible for disposing of goods if the supplier does not want it returned.
Once an order ships, it cannot be canceled or delivery refused.
4. You may only return products in accordance with William Tricker, Inc.'s standard Return Policy in effect on the date of the return. If you fail to follow William Tricker, Inc.'s Return Policy, William Tricker, Inc. is not responsible whatsoever for any returned product that is lost, damaged, modified or otherwise processed for disposal or resale. You must contact William Tricker, Inc. before attempting to return a product. If customer returns merchandise without authorization, William Tricker, Inc. reserves the right to not refund the order. You must return the product in its original or equivalent packaging. You are responsible for all risk of loss and shipping and handling fees for returned products. William Tricker, Inc. may, in its sole discretion, charge additional restocking fees and/or issue credit for partial returns less than invoice or individual component prices due to bundled or promotional pricing. The minimum restocking fees are those imposed by William Tricker, Inc.'s vendor. William Tricker, Inc. reserves the right to charge a higher restocking fee than the vendor. Custom items and items made per your order are not refundable and cannot be returned. Once an order is placed, William Tricker, Inc.'s return policies are in effect.
5. All lead times and delivery dates indicated on William Tricker, Inc.'s documents are approximate and are based upon the prompt receipt of all necessary information and payment from you regarding products ordered. William Tricker, Inc. will use commercially reasonable efforts to meet the indicated delivery dates but shall not be liable for any breach of contract or held responsible for any costs or expenses incurred by you as a result of William Tricker, Inc.'s failure to do so. In the event of any delivery delay caused by you, William Tricker, Inc. will store and handle for a reasonable time all products ordered at your risk and will invoice you for the purchase price plus storage, insurance and handling charges incurred on or after the date on which the products are ready for delivery. If the item cannot be delivered within a week or after three delivery attempts, then William Tricker, Inc. will re-route the product back to William Tricker, Inc. or its vendor. You will be responsible for all shipping and storage costs.
6. Product Suitability, Liability, Indemnity
Suitability. Determination of the suitability of seller's product for the uses and applications contemplated by the Buyer are the sole responsibility of the buyer. Buyer assumes all risk and liability for the use or application of Seller's products, whether used singly or in combination with other products.
Liability. Buyer's exclusive remedy shall be made and no claim of any kind, whether based on contract, breach or warranty, negligence or otherwise, shall be greater in amount than the purchase price of the product in respect of which damages are claimed. Seller shall not be liable for any special, punitive, incidental or consequential damages.
Local Government Codes. Consumer is responsible for obtaining proper building and other permits as required by law for products that require permits. Professional installation of some products is required, such as products wired directly into an existing circuit or heavy or large products requiring heavy equipment.
Indemnity Agreement. Buyer shall defend indemnity and hold Seller harmless from and against all claims, liabilities, costs, and expenses including, but not limited to those related to injury to or death of Buyer's associates arising from or connected with the possession, handling, processing or use of the product by Buyer or others.
7. Until such time as William Tricker, Inc. is fully paid for products shipped, William Tricker, Inc. reserves, and you hereby grant to William Tricker, Inc., a purchase money security interest in the products listed in the order confirmation in the amount of their purchase price plus all attorneys' fees and costs of collection. A copy of the order confirmation may be filed on William Tricker, Inc.'s behalf with appropriate state authorities at any time as a financing statement in order to perfect William Tricker, Inc.'s security interest. You will provide William Tricker, Inc. with reasonable assistance in perfecting its security interest. William Tricker, Inc. shall have all rights and remedies of a secured party under the applicable provisions of the Uniform Commercial Code.
8. You shall reimburse William Tricker, Inc. for all attorneys' fees, court costs and other expenses incurred by William Tricker, Inc. to enforce this Agreement.
9. William Tricker, Inc. warrants products sold by William Tricker, Inc. insofar as warranted by the manufacturer, if any. EXCEPT AS EXPRESSLY PROVIDED HEREIN, GARDECOR MAKES NO OTHER WARRANTY, EXPRESS OR IMPLIED. ALL WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE HEREBY EXPRESSLY DISCLAIMED. GARDECOR DOES NOT ACCEPT ANY LIABILITY BEYOND THE REMEDIES SET FORTH HEREIN. IN NO EVENT SHALL GARDECOR'S LIABILITY FOR ANY CLAIM WHATSOEVER EXCEED THE COST OF THE PRODUCTS AND/OR SERVICES GIVING RISE TO THE CLAIM, WHETHER BASED IN CONTRACT, WARRANTY, INDEMNITY OR TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE AND STRICT LIABILITY) OR OTHERWISE. IN NO EVENT SHALL GARDECOR BE LIABLE FOR ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL OR OTHER INDIRECT DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF REVENUES, PROFITS OR OPPORTUNITIES), HOWEVER CAUSED, ON ANY THEORY OF LIABILITY, WHETHER OR NOT GARDECOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
10. Except for your payment of the purchase price or additional fees for shipping and as described in Paragraph 2., above, neither party shall be liable for any delay or failure to perform to the extent caused by fire, flood, explosion, war, riot, embargo, labor disputes, compliance with any laws, regulations, orders, acts or requirements from the government, civil or military authorities, terrorist attacks, acts of God or the public enemy, or any act or event of any nature reasonably beyond such party's control.
11. Should any provision of this Agreement be declared by any court of competent jurisdiction to be invalid or unenforceable, the remaining provisions shall not be affected thereby, it being the intent of the parties that they would have executed the remaining portion without including any such part or portion which for any reason was declared invalid.
12. This Agreement shall be governed by and construed in accordance with the laws of the State of Ohio, excluding its conflict of laws provisions and excluding the United Nations Convention on the International Sale of Goods. The parties hereby submit to the exclusive jurisdiction and venue of the state courts situate in Cuyahoga County, Ohio.
13. The Policies and other information on this page are included in the Terms and Conditions of Sale to which buyer agrees.
14. You and William Tricker, Inc. agree that this Agreement constitutes the complete and exclusive agreement regarding the subject matter of your order and supersedes any prior communications, representations or agreements of the parties and cannot be altered, amended, or modified except in writing executed by an authorized representative of each party.