1. By signing this agreement – Flatiron Window Fashions Inc. shall furnish and install the items and services specified, subject to approval of this agreement by the management of Flatiron Window Fashions Inc. Because these items are always custom ordered, this order is non-cancellable by purchaser. Title to all goods shall remain in seller until full payment has been received from purchaser.
2. All installation dates are approximate and seller will not be liable for any defaults, delays or damages in fulfilling this order caused by our work schedules or conditions beyond our control, including, but not limited to acts of God, strike, riot, fire, flood, & government control or regulations, embargoes, wrecks or delays in transportation, or delays of manufactures, subcontractors or suppliers in furnishing materials or supplies due to one or more of the previously described causes.
3. Installation is the responsibility of purchaser unless detailed in the agreement. By signing this agreement the purchaser understand the installation of your plantation shutters as it pertains to frame installation, panel orientation and overall placement on window opening(s) including blinds, shades, roller shades, solar screens, draperies, exterior solar screens, and retractable awnings. No electrical hook-up is included in this agreement unless specified on agreement by seller.
4. In the event of partial delivery or partial shipments, payments shall be due upon the delivery of each item received by purchaser.
5. Seller assumes no responsibility for delays in shipping. All delivery dates are estimates only, and actual delivery depends on factory work schedules and other variable factors beyond the control of the seller. Special shipping arrangements may be available at extra cost responsible to the purchaser.
6. Seller shall not be responsible for construction defects or any defective building conditions and or architecture not to code and not visible by ordinary observation. Owner shall carry fire, tornado, and other necessary insurances.
7. If the seller work shall be delayed by the omissions or defective work of other contractors or subcontractors, seller shall be entitled to correct or perform such work and be compensated for its labor and materials. If such omissions, or defective work are substantial, seller shall have the option of charging a reasonable amount per day for delays or may stop its work and be entitled to full payment for all work performed and product furnished.
8. All warranties on materials are the responsibility of the manufacturer and seller does not provide any materials warranty whatsoever. THERE ARE NO OTHER WARRANTIES EXPRESS OR IMPLIED. IN NO EVENT SHALL SELLER BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OR ANY OTHER LOSS OR INCONVENIENCE WHATSOEVER. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS.
9. All changes must be made by Flatiron Window Fashions Inc. revised written change order. Changes which require additional labor or material shall be billed at seller’s normal rates and payment shall be due immediately.
10. If purchaser/buyer fails to make payment when due, seller may stop work, retain all deposits and shall also be entitled to damages along with interest of ( 18% A.P.R. ), expenses, attorney’s legal fees and court costs which seller incurs.
11. No wavier, alteration, or modification of any provisions contained herein shall be binding, unless in writing and signed by seller.
12. Purchaser shall be charged $30.00 for each returned check.