Terms of Service
1. Introduction & Agreement to These Terms
Welcome to TerraBay Materials. These Terms of Service explain the conditions that apply when you purchase materials or arrange delivery through www.TerraBayMaterials.com, by phone, by email, or through a written quote. In these Terms, “TerraBay Materials,” “we,” “us,” and “our” refer to the business operating this website and fulfilling your order. “You” and “your” refer to the customer placing the order or the business or organization they are authorized to represent. Please review these Terms before placing an order. By placing an order after these Terms have been made available to you, you agree to the terms applicable to that purchase. If you order on behalf of a business or organization, you confirm that you have authority to do so.
TerraBay Materials is a delivery-only supplier of bulk landscape and construction materials. We do not operate a public walk-in retail yard. Order fulfillment depends on material availability, delivery coverage, and safe truck access.
If you have questions about these Terms, please contact us before ordering:
Email: info@TerraBayMaterials.com
Call or text: 925-393-0248 | 415-507-3721
2. Orders, Pricing & Payment
Placing an Order
Before submitting your order, please check the material name, size, quantity, ordering unit, delivery address, and contact information. Tell us about any access restrictions or special delivery requirements before ordering. Materials may be sold by the cubic yard, ton, or another unit stated on the product page or quote. Please review the unit carefully, as a cubic yard measures volume and a ton measures weight.
Order Confirmation & Availability
An automated order acknowledgment confirms that we received your order. It does not guarantee material availability or confirm a requested delivery date. We will contact you if your order requires changes because of availability, delivery access, or scheduling. We will not substitute a different material or size without your approval. If we cannot fulfill your order and you do not accept an alternative, we will refund any payment collected for the unfulfilled portion.
Payment
Payment is due according to the terms displayed at checkout or stated in your accepted written quote or invoice. Unless we approve other arrangements in writing, payment must be received before dispatch. Please contact us promptly if you need to correct an order. Changes depend on whether the material has already been sourced, loaded, or dispatched and are subject to the cancellation and refund terms below.
3. Materials, Appearance & Product Selection
Natural Material Variations
Landscape materials can vary in color, texture, shape, and composition between sources and loads. Moisture, lighting, weathering, and seasonal conditions can also affect their appearance. Product photos and samples provide a general reference. They do not guarantee an exact match to every delivered piece or load. If you are matching existing material or need a particular appearance, contact us before ordering. Samples are available for many products. Natural variation does not excuse delivery of an incorrect product or material that fails an expressly agreed specification.
Material Sizes & Descriptions
Unless a product listing states a specific grading requirement, listed sizes are nominal descriptions rather than exact measurements of every particle. Depending on the product, bulk materials may contain a range of particle sizes, fines, and irregular pieces. Terms such as “washed,” “screened,” and “clean” describe processing or product characteristics. They do not mean that a material is completely free of dust or smaller particles.
Choosing Material for Your Project
Please confirm that the selected material meets your project’s requirements before ordering. General product recommendations do not replace site-specific advice from your contractor, engineer, landscape designer, or other qualified professional. If your project requires a particular specification, certification, laboratory report, or architect’s approval, provide those requirements before purchasing so we can confirm what documentation is available. A product name alone does not establish compliance with a project specification.
Coverage & Quantity Estimates
Website calculators, coverage guides, and weight conversions are planning estimates. Actual requirements depend on installation depth, compaction, moisture, material density, and site conditions. Review your measurements and allow for your project’s installation requirements before ordering. If you need help estimating a quantity, contact us before checkout.
Call or text: 925-393-0248 | 415-507-3721
4. Delivery Scheduling, Access & Unloading
Delivery Dates & Timing
Most standard orders are delivered within 1–2 business days, depending on material availability, location, and truck scheduling. Requested delivery dates and arrival windows must be confirmed by TerraBay Materials. Weather, traffic, road closures, equipment issues, and supplier delays may affect scheduling. We will communicate material changes as soon as reasonably possible. Please allow flexibility when coordinating contractors, equipment rentals, or installation work.
Safe Truck Access
You are responsible for providing accurate delivery information and identifying known access restrictions before dispatch. Tell us about steep or winding roads, narrow driveways, sharp turns, gates, bridges, weight limits, and overhead obstructions. The access route and unloading area must accommodate the loaded truck safely. The unloading area must be flat, firm, and clear of overhead wires, branches, and other obstructions, with sufficient clearance for a raised dump body. Please identify septic systems, underground structures, irrigation lines, weak paving, soft ground, and other areas the truck must avoid. Photos and measurements help us plan but do not guarantee that a location is suitable.
Delivery Instructions & Site Contact
Provide clear unloading instructions and a working phone number for you or an authorized site contact. Someone must be available to answer delivery questions during the agreed delivery window. Unattended delivery requires our prior agreement and clear authorization for the unloading location. Keep gates accessible and move vehicles, equipment, and other obstacles before arrival.
Unloading Your Material
Standard delivery places bulk material in a pile at one accessible, agreed location per load. Spreading, grading, installation, and moving material around the property are not included. The driver makes the final safety assessment and may decline an unsafe route or unloading location. Children, pets, and bystanders must remain clear of the truck and unloading area.
Unsafe or Inaccessible Locations
If delivery cannot proceed safely, we may discuss an alternative unloading location, rescheduling, or cancellation with you. The driver will not be required to enter or unload in an unsafe location. Any proposed additional charges will be explained and require your approval before further chargeable services proceed. Applicable cancellation or unsuccessful delivery charges are addressed in the cancellation and refund terms below.
Why Delivery Charges Can Vary Within the Same Area
The same material and quantity may have different delivery charges within the same ZIP code or neighborhood because pricing depends on the specific route and unloading location. Steep grades, narrow or winding roads, tight turns, limited maneuvering space, and difficult dump access can increase delivery complexity, risk, and the time or equipment needed. Please disclose known access restrictions before ordering so we can assess the delivery and provide accurate pricing. If previously undisclosed conditions require an additional charge, we will explain it and obtain your approval before proceeding. All deliveries remain subject to the driver’s final safety assessment.
5. Cancellations, Returns & Refunds
Requesting a Cancellation or Change
Contact us as soon as possible if you need to cancel, reschedule, or change your order. Include your order number and the requested change. A request is not confirmed until we acknowledge it. Orders canceled before material has been loaded or a truck dispatched will receive a full refund, except for any nonrecoverable special-order or custom-blending costs disclosed and accepted before purchase.
Orders Already Loaded or Dispatched
Once material has been loaded or a truck dispatched, cancellation or changes may involve loading, transportation, unloading, or supplier return costs. Any deduction from your refund must relate to reasonable costs actually incurred and follow the cancellation charges or calculation method disclosed and accepted before purchase. We will explain any proposed deduction and refund the remaining balance.
Unsuccessful Deliveries
If delivery cannot be completed because of an incorrect address, unavailable access, or unsafe site conditions that were not disclosed before dispatch, rescheduling or return transportation may be necessary. Charges for an unsuccessful delivery apply only where disclosed and accepted before purchase. We will explain the costs and available options.
Returns After Unloading
Bulk materials correctly supplied as ordered are generally non-returnable and non-exchangeable once unloaded. This includes excess material, changes of mind, and dissatisfaction with natural variations described in Section 3. This restriction does not prevent you from reporting an incorrect product, a shortage, defective material, or failure to meet an expressly agreed specification.
Problems With Your Order
Please inspect the material before unloading when reasonably possible. If something appears incorrect, notify the driver and contact us before unloading begins. If you discover a problem afterward, contact us promptly with your order number, a description, and photos where available. Where practical, keep the affected material separate and avoid installing it while we review the concern. Unloading alone does not waive your right to report a problem. We will investigate and arrange an appropriate remedy, which may include replacement, a refund, or another mutually agreed solution.
Refund Processing
Approved refunds will be issued to the original payment method unless otherwise agreed or required by law. Your bank or payment provider may take additional time to post the credit. Nothing in this section limits rights or remedies that cannot lawfully be excluded.
6. Property Access, Protection & Damage Reporting
Permission to Enter & Unload
By directing us to enter private property or unload at a particular location, you confirm that you have permission from the property owner or other authorized person. Please arrange any required property access approvals before delivery. Unloading on a public street, sidewalk, shared driveway, or neighboring property requires appropriate authorization and our prior agreement. Delivery instructions do not require the driver to park, enter, or unload unlawfully or unsafely.
Protecting Your Property
Loaded dump trucks are heavy. Truck movement and unloading can cause tire marks, surface scuffing, ground impressions, or damage to surfaces that cannot support the load. Dumped material may also scratch, stain, or spread beyond the intended pile. Choose a suitable unloading location and tell us about sensitive surfaces or hidden structures before delivery. Discuss any proposed protective covering with us beforehand. Tarps may help contain material but do not protect a surface from truck weight or guarantee against damage. If you are concerned about a driveway or other surface, contact us before dispatch to discuss an alternative location.
Responsibility for Damage
Responsibility for property damage depends on the circumstances, including site conditions, information provided before delivery, and the actions of those involved. Permission to enter your property does not release TerraBay Materials from responsibility for damage caused by our negligence or other conduct for which we are legally responsible.
Reporting a Concern
If you believe a delivery caused damage, notify us as soon as reasonably possible. Provide your order number, delivery address, photos, and a description of what happened. Take reasonable steps to prevent further damage. Where practical, give us an opportunity to inspect the affected area before nonurgent repairs begin. Necessary emergency repairs should not be delayed. We will review the available information and coordinate with the delivery provider or insurer where appropriate. This reporting process does not limit your legal rights.
7. Website Use & Product Resources
Using Our Website
You may use our website to browse materials, compare products, request information, and place legitimate orders. You must not submit fraudulent orders, impersonate another person, upload malicious content, attempt to access restricted systems, or interfere with the website’s security or operation. If you create an account, keep your login details secure and notify us promptly if you suspect unauthorized use.
Product Documents & Guides
You may download, print, and share our publicly available specification sheets, product information, and installation guides for project planning, purchasing, installation, and approval submissions. This includes sharing them with contractors, architects, engineers, and property owners. Keep the product identity, test dates, qualifications, and disclaimers intact. Do not alter a document in a way that misrepresents the material, test results, or TerraBay Materials’ recommendations. Check the current product page or contact us before relying on an older document for a new order.
Brand, Photos & Other Content
TerraBay Materials and the respective content owners retain their rights in website text, photographs, graphics, logos, and documents. Except for the project-related uses permitted above or uses allowed by law, obtain permission before reproducing our content for advertising, resale, or another commercial website or usage. Do not use our branding to imply an affiliation or endorsement without our written approval.
Third-Party Links
Our website may link to third-party resources for convenience. Those websites operate under their own terms and privacy policies. A link does not mean that TerraBay Materials controls or guarantees the accuracy of the linked content.
8. Privacy, Communications & Delivery Photos
Personal Information
Our Privacy Notice explains how we collect, use, and share personal information when you browse our website, request information, or purchase materials. We may share information reasonably needed to fulfill your order with payment providers, suppliers, and delivery partners. Please do not send payment card details through email, text messages, or website inquiry forms.
Order & Delivery Communications
We may contact you by phone, text, or email about your inquiry, payment, order, delivery, or a related service issue. Please provide accurate contact details. Providing contact information for an order does not, by itself, enroll you in promotional text messages. You may unsubscribe from promotional emails while continuing to receive necessary order communications.
Delivery Photos
We or our delivery partners may photograph delivered materials and the unloading location to document delivery, resolve concerns, and support training. Selected photos may also show our products and work in marketing. We will obtain permission before publishing photos that identify a customer, person, address, vehicle, or private property. We may crop or obscure identifying details. Contact us if you do not want delivery photos used for marketing. We may retain records needed to document and support your order.
9. Resolving Concerns & Disputes
Contact Us About a Concern
If you have a concern about an order, delivery, payment, or these Terms, please contact us so we can review it and work toward a resolution. Email info@TerraBayMaterials.com or call or text 925-393-0248 | 415-507-3721. Include your order number, a description of the issue, relevant photos or documents, and the resolution you are requesting. We will review the information and respond as soon as reasonably possible. Some concerns may require additional information or coordination with a supplier, delivery provider, or insurer.
Informal Resolution
We encourage customers to work with us directly to resolve concerns. If helpful, both parties may voluntarily agree to mediation. Our internal review process does not prevent either party from pursuing available legal remedies, bringing an eligible small claims action, or contacting a government agency. It does not extend or shorten any deadline established by law.
Governing Law
These Terms are governed by California law and applicable federal law. Any court proceeding must be brought in a court with jurisdiction and a legally proper venue. Nothing in these Terms removes mandatory consumer protections or other rights that cannot lawfully be waived.
10. Changes to These Terms & General Provisions
Updates to These Terms
We may update these Terms as our services, ordering procedures, or business practices change. Updated Terms will be posted on this page with a revised effective date. We will provide additional notice where required by law. The version made available when you placed your order applies to that purchase. Later updates will not change an existing order unless you expressly agree or the change is required by law.
Order-Specific Agreements
These Terms apply together with the product details and any written quote or order-specific agreement you accept. If an accepted written agreement expressly provides a different term for your order, that term takes priority over the conflicting provision of these Terms, subject to applicable law.
If a Provision Cannot Be Enforced
If a provision is found invalid or unenforceable, the remaining provisions will continue to apply to the extent permitted by law. A decision not to enforce a provision on one occasion does not automatically waive the right to enforce it on another occasion.
Questions About These Terms
If a provision is found invalid or unenforceable, the remaining provisions will continue to apply to the extent permitted by law. A decision not to enforce a provision on one occasion does not automatically waive the right to enforce it on another occasion.
Please contact us if you need clarification before placing an order.
TerraBay Materials
Email: info@TerraBayMaterials.com
Call or text: 925-393-0248 | 415-507-3721
Website: www.TerraBayMaterials.com
