Terms and Conditions

Payment Terms

• Deposits and Orders:
  • A minimum deposit of 50% is required with all orders at the time the order is received.
  • Orders under $5,000.00 and shopping cart orders require 100% payment with the order.
• Payment Balance:
  • Buyer agrees to pay any net balance within 30 days after the delivery of the product.
  • A finance charge of 1.5% per month will be applied to any unpaid balance.
  • Buyer agrees to pay all expenses, attorney fees, and court costs incurred by the seller due to Buyer’s default or non-payment.
  • Acceptance of delivery constitutes acceptance of the merchandise delivered.
  • No payment shall be withheld due to partial delivery.

Taxes

• Prices do not include applicable sales, use, or other taxes. Any applicable taxes will be added at the time of invoicing, and the buyer agrees to pay them.

Delivery and Installation

• Job Site Condition:
  • The job site must be free and clear of debris prior to installation. If cleaning is required, it will be billed at the prevailing wage and added to the invoice.
• Change Orders:
  • If the buyer requests changes to the installation from the original drawing, a change order will be issued, and the buyer agrees to pay the additional costs.
• Site Services:
  • Electric current, heat, hoisting, and elevator service will be provided to the seller at no charge.
  • Adequate facilities for offloading, staging, and moving must be provided.
• Delivery Hours:
  • Delivery and installation will be made during normal business hours (Monday through Friday, 8 am – 5 pm). Overtime work at the buyer’s request will be billed at 1.5 times the current hourly rate.
• Damage Responsibility:
  • The buyer is responsible for any loss or damage after the arrival of the merchandise at the job site due to weather, trades, fire, or other elements.
• Delays:
  • The seller is not responsible for delays in delivery due to conditions beyond their control.

Warranties and Limitations of Remedies

• Only the manufacturer’s warranties are provided. The seller expressly disclaims all other warranties, including implied warranties of merchantability and fitness for a particular purpose.
• The buyer’s exclusive remedy is limited to the manufacturer’s warranty. No consequential or incidental damages are recoverable from the seller.

Warehouse and Storage

• Merchandise will be stored for future delivery if the buyer delays delivery beyond the original installation date.

Insurance

• The seller will furnish adequate insurance for products stored in the seller’s facilities or in transit in the seller’s truck.
• The buyer must provide adequate insurance coverage for products on-site, including work in progress, stored material, and finished products.

Billing

• Merchandise will be billed immediately upon delivery unless otherwise specified.
• Direct shipments and C.O.M. charges from the factory to the buyer are billed immediately upon shipment notification.
• If delivery is delayed beyond the original agreed installation date, the buyer will be billed 90% of the total sales price, including tax and shipping costs, and the remaining 10% upon delivery or installation.
• If delivery is delayed for more than 30 days beyond the original agreed installation date, a storage fee of 1.5% per month of the total sales price, including tax and shipping costs, will be charged.

Acceptance

• This proposal must be approved and submitted to the seller within 10 days to ensure firm prices unless otherwise agreed upon in writing. Time is of the essence.

Cancellation

• General Cancellation Terms
  Once an order has been approved and submitted by the buyer, it may not be canceled or modified except with the express written consent of both parties.
• Special Orders
  Special orders, including but not limited to products with custom colors, finishes, or specifications, are non-cancellable and non-refundable under any circumstances.
• Costs Incurred Upon Cancellation
  The buyer acknowledges and agrees that cancellation of a confirmed order may result in non-recoverable third-party costs, including but not limited to manufacturer cancellation fees, travel or accommodation expenses, and labor charges. These costs shall be the sole responsibility of the buyer and may be deducted from any applicable refund. If no refund is applicable, the seller reserves the right to invoice the buyer directly for such costs.
• Cancellation Procedure
  All cancellation requests must be made in writing by the buyer. No cancellation shall be effective unless and until confirmed in writing by the seller. The effective date of cancellation shall be the date of the seller’s written confirmation. The seller is under no obligation to approve any cancellation request.
• Force Majeure
  The seller shall not be liable for any delay or failure to perform its obligations, including the fulfillment of orders or processing of cancellations, due to causes beyond its reasonable control. Such causes include but are not limited to acts of God, governmental actions, wars, labor strikes, natural disasters, pandemics, transportation or supply chain disruptions, and other force majeure events. In such cases, the buyer shall not be entitled to cancel the order or demand a refund unless otherwise agreed to in writing by the seller.
• Chargebacks
  Initiating a credit card chargeback or reversal without first providing the seller with written notice and a reasonable opportunity to resolve the issue constitutes a breach of this policy. The seller reserves the right to dispute any chargebacks and to recover all related costs, including chargeback fees, attorneys’ fees, and collection expenses. Any amounts refunded due to a chargeback may be reduced by any non-recoverable costs as described above.
• Governing Law and Venue
  This Cancellation Policy shall be governed by and construed in accordance with the laws of the State of Utah, without regard to its conflict of law principles. The parties agree that any dispute arising under or in connection with this policy shall be brought exclusively in the state or federal courts located in Salt Lake County, Utah, and the parties hereby consent to the jurisdiction of such courts.

Design

• All design-coordinated layouts, equipment suggestions, and colors are the exclusive property of the seller and cannot be used by other parties.

Security Interest

• The buyer grants the seller a security interest in all items furnished under this contract to secure payment of all charges.
• In case of default, the seller may repossess and dispose of the items after five days’ written notice, applying the proceeds to any outstanding charges, including attorney fees and expenses.

Mediation and Arbitration

• All disputes will be resolved through mediation and, if necessary, arbitration in Salt Lake City, Utah, according to the rules of the Mediation Arbitration Association.
• The parties will share the mediator’s fees equally.

No Other Agreements

• This document constitutes the entire agreement between the parties regarding the transaction. Any differing terms submitted by the buyer are rejected unless agreed upon in writing by both parties.

Price Escalation Clause

• Significant Delay or Price Increase:
  • In case of a significant delay or price increase in raw materials, the Quote, completion time, and Scope of Work will be adjusted accordingly.
• Material Shortage or Unavailability:
  • The seller is not liable for additional costs or damages due to material shortages or unavailability.
• Notice:
  • The seller will provide prompt notice of any price escalations or delays and reserves the right to submit price adjustments at any time between the Quote date and the date of installation.
  • Seller may impose a surcharge in the event of any increase in the cost of fuel, utilities, parts, supplies, labor, and/or any other third party-imposed price increase.

Extra Costs for Delays in Lead Times or Installation Caused by the Customer

• Delays Caused by the Customer
  • If any delay in the delivery of materials, lead times, or installation schedule is caused by the customer, their representatives, or circumstances within their control, the company reserves the right to charge additional fees. Examples of delays include, but are not limited to:
    • Lack of timely approvals or required documentation.
    • Changes in scope or specifications.
    • Inaccessible work sites or incomplete site preparation.
    • Rescheduling requests by the customer
• Calculation of Additional Costs
  • Additional fees may include, but are not limited to:
    • Storage fees for materials held beyond the originally scheduled delivery date.
    • Labor and equipment standby costs.
    • Re-mobilization fees for installation crews.
    • Costs incurred due to rescheduling or expedited adjustments to timelines.
• Notification of Additional Costs
  • Customers will be notified in writing of any anticipated extra charges due to delays, including an explanation of the cause and a detailed breakdown of costs.
    
• Payment of Additional Fees
  • Extra costs incurred due to delays are the sole responsibility of the customer and will be invoiced separately. Payment terms for these charges will align with the standard payment terms outlined in this agreement unless otherwise specified.
    
• No Waiver of Deadlines
  • The company is not obligated to waive any deadlines, project milestones, or obligations due to delays caused by the customer, and reserves the right to adjust timelines or priorities accordingly.

By contacting us, you agree to receive emails.