CUSTOM PURCHASE ORDER TERMS & CONDITIONS
The following Custom Purchase Order Terms & Conditions are attached to and are part of the Custom Purchase Order submitted by Customer to Shower Doors and More (“SDM”):
- As a result of the nature of the purchase being made by Customer, the subject purchase shall be deemed a Custom Purchase Order.
- The Custom Purchase Order , and purchase price, are based upon submissions, particular drawings, specifications, markups and other documentation provided by Customer. As a result, Customer shall be solely responsible for suitability or usefulness of the product requested and SDM shall not be responsible for any missing information required for proper fabrication. Customer shall specifically provideSDM with “tight sizes, of the shower or tub opening so SDM can assure a proper fit and determine proper placement of hardware for safety and aesthetics. IF customer measurements are incorrect, Customer shall pay all costs associated with remanufacturing or replacement of materials.
- Customer shall approve, in writing, or by clicking the appropriate box, the orders before it is fabricated.
- As a result of the custom purchase, once the Custom Purchase Order is submitted for production to the Manufacturer it cannot be changed. If a Custom Purchase Order is cancelled after submission to the Manufacturer, payment of the order is due in full.
- The date for deliver set forth on the Custom Purchase Order is an estimate of delivery based upon information from the Manufacturer. SDM will make best efforts to deliver the purchase in accordance with its delivery estimate but shall not be responsible for delays not within its control including, but not limited to force mejuere events. Notwithstanding the forgoing, SDM intends to manufacture your Custom order purchase within seventy-two (72) hours of purchase, if the delay is greater than ten (10) days, Customer shall be offered the right to cancel the order and receive a full refund.
- SDM does not provide installation of the product, but the product must be installed in accordance with the Manufacturers specifications and/or recommendations. Upon installation of the purchase, Customer shall inspect the product and installation prior to installer departure to advise of any claimed deficiencies, which shall be addressed if necessary. The failure of Customer to advise SDM of any issues at delivery will have the presumption of acceptance of the product as delivered.
Any disputes that may arise hereunder shall be arbitrated only through The American Arbitration pursuant to its Construction Industry Arbitration Rules using three (3) arbitrators with the prevailing party entitled to reimbursement of all attorney’s fees and costs. Venue shall be in Broward County, Florida and shall be governed by the laws of the State of Florida. Customer and SDM hereby intentionally waive any right to a trial of any dispute between the parties in favor of Arbitration. Customer intentionally waive as right to participate in anyclass action lawsuit, class-wide arbitration or in any other capacity or than through the Arbitration protocol set forth herein.
- Deliveries: Delivery means delivering the product to Customers front door, and customer may make special arrangements with the freight carrier for any additional type of delivery. Freight charges apply and may change at the discretion of the shipping company for which Customer is responsible. SDM will choose the freight carrier unless otherwise advised in writing by Customer. All deliveries shall be scheduled directly between the Customer and freight carrier and are generally delivered by tractor trailer. SDM shall not be responsible for any logistical issues with the ability of the freight carrier to deliver the product to the Customer’s front door. Customer is responsible for any damage caused by Customer removing the product form its delivery module.
- Warranties & Maintenance:SDM provides a ten (10 year warranty on hardware. If hardware discolors prior to one (1) year, it will be replaced at no charge to Customer. After one (1) year SDM will still replace the hardware at no charge, but Customer shall pay shipping charges. By their nature, SDM does not warrant any finishes. The use of abrasive cleaners on the product will void all warranties. There shall be no warranty on glass panels or doors and SDM shall not be responsible for any personal or property damage caused by breakage of the glass by virtue of Customers use of the product.
The foregoing warranty is in lieu of all other warranties of any kind including any implied warranties of merchantability and fitness for a particular purpose. SDM shall not be liable for indirect, special, or consequential damages resulting from the use of this product (Note: sone states do not allow the exclusion or limitation if incidental or consequential damages, so the limitations may not apply to you as the original purchaser). This limited warranty gives the original purchaserspecific legal rights and you may have other rights that varyfrom State to State. SMD shall be the sole judge as to whether manufacturer maintenance recommendations have been followed and if in SDM’s judgmentthe product failure has arisen from improper maintenance or failureto follow SDM’s recommendations in which event SDM will be release from any responsibility under its limited warranty.
- Glass Product Acknowledgment:Customer acknowledges that glass is a man-made product and, while being manufactured in strict accordance with Federal requirements (ASTM),the glass may contain some flaws or blemishes that are not a defect. SDM follows all industry-wide manufacturing requirements and standards in producing the best quality product. Although the product is tempered to minimize breaking, and although rare if used properly, Customer acknowledges it could happen and assumes any risk in that regard.
- Custom Purchase Orders must be paid in full before fabrication begins. Customer shall be responsible for any bank or credit card fees as a result of insufficient funds or credit issues of Customer. Customer shall not stop payment on checks or credit cards for any reason. Any dispute or issue can only be resolved as set forth in #6 above. Customer is responsible for payment of sales taxes to the extent they apply.