terms & conditions
Warranty, Exclusions & Limitations
Milton Stone provides a workmanship warranty only on qualifying installations constructed using segmental systems installed by Milton Stone on a new base prepared and installed by Milton Stone.
Qualifying segmental systems include:
- Interlocking concrete pavers
- Segmental retaining walls
- Segmental steps
Where a valid workmanship defect is established in a qualifying installation, Milton Stone may, at its sole discretion, repair or replace the affected portion of the work.
This warranty is strictly limited to qualifying workmanship only. No other warranty, guarantee, representation, or liability is provided except as expressly stated herein.
No Warranty Coverage
Milton Stone does not provide any warranty, guarantee, or assurance for any of the following:
1. Non-Segmental Work
No warranty is provided for:
- Concrete work of any kind (Stamped, Exposed aggregate, smooth, broom finish, etc.)
- Concrete pads, slabs, curbs, or concrete finishes
- Concrete repairs
- Concrete cracks (minor hairline cracks or structural)
- Parging repairs
- Asphalt work
- Asphalt repairs
- Pothole repairs
- Curb repairs
- Masonry repairs
- Repair work of any kind
- Patchwork, tie-ins, touch-ups, or partial remedial work
All repair work is excluded from warranty unless expressly stated otherwise in writing in the applicable contract.
2. Natural Products
No warranty is provided for:
- Flagstone
- Granite
- Limestone
- Natural stone of any kind
- Natural products or natural elements of any kind
Natural materials are inherently variable and may shift, crack, weather, stain, discolour, flake, or otherwise change over time due to natural conditions beyond Milton Stone’s control. These characteristics are normal and are not defects.
3. Extensions to Existing Surfaces
No warranty is provided on any extension, addition, tie-in, or continuation connected to an existing surface, base, structure, or installation not originally constructed in full by Milton Stone as a new standalone base system.
This includes, without limitation:
- Extensions to existing patios
- Extensions to existing walkways
- Extensions to existing driveways
- Tie-ins to old surfaces
- Connections to previous work performed by others
- Connections to aged, settled, unstable, or unknown bases
Milton Stone shall not be responsible for differential movement, settling, sinking, heaving, separation, cracking, shifting, or any other performance issues where new work interfaces with existing work, as such conditions are outside Milton Stone’s control.
4. Sod, Plants & Landscaping
No warranty is provided for:
- Sod
- Seed
- Trees
- Shrubs
- Plants
- Flowers
- Soil
- Mulch
- Any landscaping or planting materials
All sod and landscaping require proper and consistent aftercare by the owner.
Sod must be watered immediately after installation and maintained with adequate watering for a minimum of 14 consecutive days, or longer as required by weather and site conditions.
New planting and landscaping must be watered regularly and properly during the establishment period. Establishment time varies by material type, season, temperature, rainfall, soil conditions, and maintenance practices. Milton Stone is not responsible for failure, decline, stress, discoloration, or death of sod or plant material due to insufficient watering, overwatering, weather, disease, insects, animals, site conditions, or improper maintenance.
5. Jointing Sand / Polymeric Sand
No warranty is provided for:
- Polymeric sand performance
- Joint washout
- Joint cracking
- Joint erosion
- Weed growth in joints
- Ants, insects, or animals disturbing joints
- Staining, haze, or surface residue related to jointing materials
- Slipperiness, texture, or traction issues related to jointing materials
Joint maintenance is a normal part of ownership and remains the sole responsibility of the owner.
Conditions Beyond Milton Stone’s Control
Milton Stone shall have no responsibility or liability whatsoever for any condition, damage, movement, deterioration, failure, or loss caused in whole or in part by factors beyond its control, including but not limited to:
- Freeze-thaw cycles
- Winter conditions
- Severe, extended, or abnormal winters
- Seasonal ground movement
- Frost
- Heaving
- Settlement
- Expansion or contraction of soils
- Excessive heat, drought, heavy rainfall, snow, or ice
- Water infiltration
- Drainage issues
- Pooling water
- Hydrostatic pressure
- Changes in groundwater or water table
- Poor or unstable soil conditions
- Hidden or unforeseen subsurface conditions
- Tree roots
- Vegetation growth
- Animals
- Burrowing animals
- Insects
- Boring insects
- Ants or other insects disturbing joints or bedding
- Utility failures
- Water main breaks
- Third-party excavation
- Vibrations
- Adjacent construction
- Acts of God
- Any natural or environmental condition beyond Milton Stone’s control
Any such condition shall not be considered a defect in workmanship and shall not give rise to any warranty claim, liability, or obligation on the part of Milton Stone.
Materials Disclaimer
Milton Stone does not manufacture any products or materials installed on a project and provides no warranty whatsoever on any manufactured product, material, accessory, fixture, or component.
Any manufacturer warranty, if available, is solely the responsibility of the manufacturer. Any claim relating to a product or material must be directed to the manufacturer and not to Milton Stone.
Permits & Approvals
Unless otherwise stated in writing, the client is responsible for obtaining all required permits, approvals, and authorizations.
Milton Stone shall not be responsible for delays, fines, or compliance issues related to permits or regulations.
Site Access & Equipment Disclaimer
The client acknowledges that construction may require the use of heavy equipment.
Milton Stone shall not be responsible for:
- Damage to lawns
- Damage to driveways
- Damage to walkways
- Soil compaction
- Disturbance to surrounding areas
where such impact is reasonably necessary to complete the work.
Restoration is not included unless specifically stated in writing.
Colour, Finish & Aesthetic Variations
The client acknowledges that all materials, including concrete, pavers, and natural or manufactured products, may exhibit variations in:
- Colour
- Shade
- Texture
- Finish
Samples, renderings, and photos are for general reference only.
Milton Stone does not guarantee exact colour match, uniformity, or visual consistency.
Concealed / Unforeseen Conditions
All pricing, proposals, and work are based on visible site conditions only at the time of inspection and quotation.
Milton Stone shall not be responsible for concealed, latent, hidden, or unforeseen conditions discovered before, during, or after construction, including but not limited to:
- Buried concrete
- Hidden footings
- Hidden structures
- Debris
- Stumps
- Roots
- Unsuitable soil
- Unstable base materials
- Buried waste
- Obstructions
- Unknown site conditions
Any labour, equipment, disposal, redesign, or additional work required as a result of such concealed or unforeseen conditions shall be extra to the contract price.
Drainage & Water Disclaimer (VERY IMPORTANT)
Drainage & Water Management Disclaimer
Milton Stone does not guarantee water drainage performance unless a specific drainage system has been explicitly designed, specified, and included within the contract scope.
The client acknowledges that surface water behaviour may vary based on site conditions, soil composition, grading limitations, and surrounding structures.
Milton Stone shall not be responsible for:
- Standing water
- Water pooling
- Drainage performance
- Water intrusion or runoff
- Ice formation
unless directly caused by a proven workmanship defect within the scope of contracted work.
Third-Party Interference / Tampering / Alterations
Any warranty provided by Milton Stone shall be immediately null and void in its entirety if the project, or any part of it, is altered, modified, adjusted, repaired, sealed, pressure washed, excavated around, disturbed, removed, added to, tied into, or otherwise interfered with by any person or entity other than Milton Stone.
This includes, without limitation:
- The homeowner
- The property owner
- Any family member, guest, tenant, or occupant
- Any contractor or subcontractor
- Landscapers
- Pool companies
- Irrigation contractors
- Utility contractors
- Maintenance companies
- Snow removal companies
- Sealing companies
- Pressure washing companies
- Any other third party whatsoever
This also includes, without limitation:
- Lifting or relaying pavers
- Adding or removing polymeric sand
- Sealing
- Pressure washing
- Chemical treatments
- Drainage changes
- Grading changes
- Alteration of adjacent surfaces
- Alteration of structures connected to or affecting the work
- Any excavation or work performed near or around the installation
Any such interference, whether direct or indirect, minor or major, intentional or unintentional, shall completely void any and all warranties and release Milton Stone from any and all responsibility, liability, or further obligation.
No exception shall apply unless expressly authorized by Milton Stone in writing.
Right to Suspend or Refuse Work
Milton Stone reserves the right to suspend or refuse work in the event of:
- Unsafe site conditions
- Non-payment
- Interference by client or third parties
- Conditions that differ materially from those originally represented
Any resulting costs or delays shall be the responsibility of the client.
Underground Utilities
While reasonable efforts may be made to identify utilities, Milton Stone shall not be responsible for:
- Unmarked utilities
- Incorrectly marked utilities
- Private lines not disclosed
The client is responsible for ensuring all utilities are properly identified prior to construction.
All repair, remedial, patchwork, or tie-in work performed by Milton Stone is provided strictly on a non-warranty basis, unless expressly stated otherwise in writing within the contract.
Repairs & Remedial Work – No Warranty
Repairs do not involve full reconstruction of the system and do not include complete excavation, base replacement, or rebuilding of the affected area. As such, performance cannot be guaranteed.
The client acknowledges that repaired areas may:
- Settle
- Shift
- Sink
- Separate
- Deteriorate over time
due to underlying conditions beyond the control of Milton Stone.
No warranty, guarantee, or representation is provided for any repair work, whether partial or extensive.
A warranty may only apply where the affected area is fully removed, properly excavated, and rebuilt with a new base system installed by Milton Stone, and only where such warranty is expressly confirmed in writing.
Subcontractor Work
Where Milton Stone performs work as a subcontractor, Milton Stone’s services are provided solely and exclusively to the party that directly contracted Milton Stone.
In such circumstances:
- Milton Stone provides no warranty to the homeowner
- Milton Stone provides no warranty to the property owner
- Milton Stone provides no warranty to any tenant, occupant, or third party
- Milton Stone assumes no duty, obligation, or liability to any person or entity that does not have a direct written contract with Milton Stone
All warranty claims, service requests, complaints, disputes, and alleged deficiencies relating to subcontract work must be directed solely to the party who directly retained Milton Stone.
Unless a separate direct written agreement exists with Milton Stone, no third party shall have any right to assert any claim, reliance, warranty, duty of care, guarantee, or liability against Milton Stone.
Client Conduct, Breach & Right to Terminate
Milton Stone maintains a strict standard of professionalism and reserves the absolute right, at its sole discretion, to refuse, suspend, or terminate any project, contract, or service at any time in the event of inappropriate client conduct.
Inappropriate conduct includes, but is not limited to:
- Verbal abuse
- Threatening, aggressive, or disrespectful behaviour
- Harassment of staff, subcontractors, or representatives
- Interference with work operations
- Providing false, misleading, or dishonest information
- Any conduct deemed unreasonable or detrimental to the project
In such circumstances, Milton Stone may immediately:
- Suspend or terminate the contract
- Remove personnel and equipment from site
- Refuse to continue work
without liability for delays, damages, or additional costs.
Breach of Contract
Any breach of contract by the client, including but not limited to:
- Non-payment or delayed payment
- Failure to meet contractual obligations
- Unauthorized interference with the work
- Failure to provide access or approvals
- Violation of agreed terms
shall result in immediate termination of the contract at the sole discretion of Milton Stone.
Effect of Termination
Upon termination for any reason outlined above:
- All warranties provided by Milton Stone shall be immediately null and void
- Any applicable manufacturer warranties may also be voided where installation conditions or contractual requirements are not fulfilled
- Milton Stone shall have no further obligation to complete the project
Any work completed up to the date of termination shall remain payable in full.
Claim Procedure
Any claim must be submitted promptly in writing to info@miltonstone.ca upon discovery of the alleged issue.
Milton Stone reserves the sole right to:
- Inspect the work
- Determine whether any claim is valid
- Determine whether the issue is a workmanship issue or a non-warrantable condition
- Determine the method, timing, and scope of any remedy
- Refuse any claim that does not fall strictly within this warranty
If Milton Stone elects to address a valid claim, it may do so within a reasonable period of time, taking into account weather, season, scheduling, material availability, and site conditions. Where repairs cannot reasonably be completed during winter or unsuitable seasonal conditions, such work may be deferred until the next suitable season.
Any repair, replacement, or service performed shall not extend, restart, or renew any warranty period.
Limitation of Warranty
This warranty is:
- Limited strictly to qualifying workmanship only
- Non-transferable
- Applicable only where the account has been paid in full
- Void in the event of non-payment, late payment, or partial payment
- Void where the owner fails to properly maintain the work
- Void where site conditions are altered after completion
- Void where third-party interference occurs
- Void unless otherwise expressly stated in writing by Milton Stone
Milton Stone reserves the absolute right to modify, update, limit, or discontinue this warranty at any time.
Limitation of Liability
To the fullest extent permitted by law, Milton Stone shall not be liable for any indirect, incidental, special, exemplary, punitive, consequential, economic, or secondary damages of any kind whatsoever.
Without limiting the generality of the foregoing, Milton Stone shall not be liable for:
- Loss of use
- Loss of enjoyment
- Loss of property value
- Loss of income
- Loss of business
- Delay-related costs
- Reinstallation by others
- Damage to adjacent property
- Water damage
Media, Photography & Marketing Rights
Milton Stone reserves the right to photograph, record, and document all projects before, during, and after completion.
All photos, videos, renderings, and any other media captured by Milton Stone are and shall remain the sole and exclusive property of Milton Stone.
The client grants Milton Stone an unrestricted, perpetual, royalty-free right to use, reproduce, publish, display, and distribute such media for any lawful purpose, including but not limited to:
- Marketing and advertising
- Social media platforms
- Website and portfolio use
- Digital and print promotions
- Proposals, presentations, and case studies
This use may occur without further notice, compensation, or approval.
Milton Stone will make reasonable efforts to avoid displaying personally identifiable information such as exact addresses; however, the client acknowledges and agrees that general project location, visuals of the property, and completed work may be publicly displayed.
Indemnification
The client agrees to indemnify, defend, and hold harmless Milton Stone from and against any and all claims, demands, damages, liabilities, costs, or expenses (including legal fees) arising from:
- Misuse of the installation
- Failure to properly maintain the work
- Alterations by third parties
- Site conditions beyond the control of Milton Stone
- Any claim brought by a third party related to the project
No Reliance
The client acknowledges that no representations, statements, or promises have been relied upon other than those expressly set out in writing within the contract.
Right to Modify or Terminate Warranty
Milton Stone reserves the absolute and unrestricted right, at its sole discretion, to modify, update, amend, limit, or terminate this warranty, in whole or in part, at any time without prior notice.
Any such changes shall apply to all future work and, to the fullest extent permitted by law, may apply to existing or prior work where not prohibited.
The version of the warranty in effect at the time of contract execution shall govern, unless otherwise revised in writing by Milton Stone.
Milton Stone reserves the right to interpret, apply, and enforce the terms of this warranty at its sole discretion.