ESTATE MILLWORK INC. TERMS & CONDITIONS
1) Payment. Because of the custom nature of our products, we require a 50% non-refundable deposit with each order to begin production. The remaining balance and shipping charges must be paid prior to shipment of product.
2) Returns. Because of the custom nature of our products, shutters are NOT RETURNABLE FOR ANY REASON.
3) Accuracy: Because we want to make sure that we get your order right, we generate dimensioned shop drawings for your approval, and do not begin production until we have your acceptance and the 50% non-refundable deposit. It is the Buyer's responsibility to insure that the provided dimensions are correct. Furthermore, we highly recommend that you order 1 pair of shutters initially to make sure that the products produced from your specifications meet your expectations. For the first set of shutters on multiple shutter orders, Estate Millwork Inc. does not charge shipping, so please avail yourself of this opportunity to make sure that your specifications are correct.
4) Warranty: Estate Millwork Inc. provides NO WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. It is normal, and part of their intrinsic style, character and authenticity, for exterior shutters to begin to adapt to their new environment, and Buyer may expect hairline cracks, weather marking, witness lines, slight expansion or contraction, and small degrees of cupping, cracking, bowing and warpage.
5) Shipping Damage: It is the Buyer's responsibility to immediately unpack inspect the shipment for any type of damage, either visible or concealed, upon delivery and either refuse delivery or note on the shipping documents any freight damage. Buyer must then contact Estate Millwork Inc. immediately. If a freight claim is granted, Buyer must return to Estate Millwork Inc. any damaged products in their original packing materials. Failure to do so releases Estate Millwork Inc. from any and all freight liability. In no cases will freight claims be accepted if they are not filed within 2 days of receipt of merchandise.
6) DISCLAIMER, LIMITATION OF DAMAGES. NO WARRANTIES. THE PARTIES AGREE AND INTEND THAT THE PRODUCTS COVERED BY THIS AGREEMENT ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, AND NO OTHER WARRANTIES, EITHER EXPRESSED OR IMPLIED ARE MADE WITH RESPECT TO THE PRODUCTS, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT OR ANY OTHER WARRANTIES THAT MAY ARISE FROM USAGE OF OR THE RESULTS OF THE USE OF THE PRODUCTS IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE . ANY DESCRIPTION OF THE GOODS CONTAINED IN THIS AGREEMENT IS FOR THE SOLE PURPOSE OF IDENTIFYING THE GOODS AND SELLER HAS MADE NO AFFIRMATION OF FACT AND HAS MADE NO PROMISE RELATING TO THE GOODS BEING SOLD THAT HAS BECOME ANY BASIS OF THE BARGAIN. FURTHER SELLER HAS MADE NO AFFIRMATION OF FACT OR PROMISE RELATING TO THE GOODS BEING SOLD THAT HAS CREATED OR AMOUNTED TO AN EXPRESS WARRANTY THAT THE GOODS WOULD CONFORM TO ANY AFFIRMATION OR PROMISE AND SELLER DISCLAIMS ANY AND ALL WARRANTIES.
NO LIABILITY FOR CONSEQUENTIAL DAMAGE. To the maximum extent permitted by applicable law, the parties agree that in no event shall Estate Millwork Inc. be liable for any consequential damages, including, but not limited to, any special, incidental, exemplary, punitive or consequential damages, expenses, lost profits, lost savings, business interruption, or any other damages arising out of the use or inability to use the products. Buyer agrees that its exclusive remedy and Seller's limit of liability for any and all damages is limited to return of the goods and repayment of the purchase price. Buyer acknowledges that the applicable purchase price of the products reflects this allocation of risk. If the foregoing limitation of liability is not enforceable because an Estate Millwork Inc. product sold to Buyer is determined by the arbitration board mentioned hereafter, or a court of competent jurisdiction in a final, nonappealable judgment to be defective and to have directly caused bodily injury, death, or property damage, in no event shall Estate Millwork Inc.' liability exceed $5,000.
7)Designated Forum For Dispute Resolution and Applicable Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Pennsylvania. Any controversy or claim arising out of or relating to this contract or the breach thereof shall be settled by arbitration administered by the American Arbitration Association in accordance with the Commercial Arbitration Rules and judgment on the award rendered by the arbitrator(s) may be entered in any Court having jurisdiction thereof. The parties specifically agree that the place of arbitration shall be Somerset, Pennsylvania, exclusively.
8) Amendment. This Agreement may not be modified, changed, or altered, except by written agreement signed and duly executed by both parties.
9) Severability. If any provision of this Agreement is declared by arbitration to be invalid, illegal or unenforceable, such provision shall be severed from this Agreement and all other provisions shall remain in full force and effect.
10) Integration. This Agreement is the complete and exclusive statement of the agreement between the parties which supersedes all proposals or prior agreements, oral or written and all other communictaions between the parties relating to the subject matter of this Agreement.
Buyer Accepts Terms & Conditions of Estate Millwork Inc. : ________________________________
Print Name:________________________________________________
Date:______/____/______