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Terms and Conditions

  1. This order embodies all terms and conditions of sale and no agreements or understandings of any nature will be recognized except as written into this order. This order is not subject to cancellation by the purchaser.
  2. Seller shall not be liable for any delay in performance or in delivery or shipment of merchandise hereunder or for any damage suffered by Buyer by reason of such delay, when such delay is directly or indirectly caused by or in any manner arises from fires, floods, accidents, riots, mobilization, war, rebellion, revolutions, blockades, hostilities, government regulations, requirements, restrictions, interference or embargoes, strikes, lockouts, differences with workman, inadequate transportation facilities or other difficulties, shortages of labor, fuel, materials, supplies or power, or any other cause or causes (whether or not similar in nature to any of these hereinbefore specified beyond seller’s control.) Any contract entered into pursuant hereto shall be deemed to be suspended so long as any such causes prevent or delay the execution. Seller agreeing to make and buyer to accept deliveries whenever such cases have been remedied.
  3. We sell F.O.B. our warehouse, unless otherwise stated. This means…delivery is not made by us. Seller reserves the right to select the carrier or independent trucker, but that seller shall not be responsible in any manner for this selection including the cost of shipment which is directly assumed by the buyer. Seller will collect prepaid delivery charges as quoted by trucking firm. Otherwise, delivery charges are C.O.D. Any problems or claims due to shipping must be made through the independent trucker used, and not to us.
  4. Shipping dates specified herein are approximate only and are not guaranteed by the seller.
  5. Due to natural differences in fine materials, exact matching cannot be guaranteed and same may vary.
  6. Due to chemical differences, shadings may vary slightly from samples.
  7. No merchandise is to be returned unless written permission is received from our office. We will charge a handling fee. Goods sent to our showroom without written permission will be refused and no claim will be allowed nor credit given for such merchandise.
  8. No claims of any kind will be considered or allowed unless notice is given to the seller in writing, not more than 5 days after receipt of merchandise. No claims of amounts may be deducted from invoices–they must be submitted separately.
  9. All merchandise on this order is made according to your selection and is NOT SUBJECT TO CANCELLATION OR CHANGES, and will be shipped as near to date required as possible, otherwise, when completed and is NOT SUBJECT TO DEFERMENT OF SHIPMENT BY PURCHASER.
  10. Inasmuch as upholstering fabrics, leathers, etc., are not guaranteed by mills or tanneries, WE WILL NOT BE RESPONSIBLE FOR WEAR OR FADING OF ANY COVERING MATERIAL.
  11. Any sale of the product or products specified is made subject to Seller’s ability to obtain raw materials and in accordance therewith applicable shipments made are subject to seller’s current mill schedules and government regulations which may be in effect from time to time.
  12. The seller reserves the right to modify seller’s published specifications and constructions of the products referred to herein whenever such modification is necessary to comply with any Government ruling, directive or order, or whenever the seller otherwise deems it necessary or advisable to make such modification. Regardless of any other specifications or construction (including any such submitted by buyer), merchandise to be furnished hereunder will be made to conform to the latest Government rulings, directives or orders.
  13. ASSIGNMENT. The buyer may not assign this agreement or any of its rights or obligations under this agreement without the seller’s prior written consent. The seller may assign this agreement or any of its rights or obligations under this agreement, effective upon Notice to the buyer.
  14. Each shipment made hereunder shall be considered a separate sale. Terms of payment are essential hereto and if any default therein made by buyer, or if the financial responsibility of the buyer shall at any time become impaired or unsatisfactory to seller or if any assignment for the benefit of creditors, or proceedings in insolvency, bankruptcy, or for the appointment of a receiver for buyer shall at any time be made or instituted, seller shall have the right, at seller’s option, to terminate this contract without notice, or to defer to discontinue further shipments hereunder until past due payments are made and satisfactory assurances of Buyer’s financial responsibility are received by seller (without prejudice, however, to any rights or claims which seller may have in law and/or in equity hereunder) and such right shall continue irrespective of any failure on the part of seller to exercise such right in any particular case.
  15. Merchandise furnished hereunder shall be within the limits of the sizes published by seller and subject to seller’s standard tolerance for variations. INSIDE MOUNT SHADES: In many instances light gaps exist due to the nature of the product’s control mechanism and/or preexisting home conditions. Seller cannot guarantee 100% light-blocking coverage.
  16. Taxes, prices on the merchandise specified herein are exclusive of all City, State, and Federal excise taxes, including but without limiting the generality of the forgoing–taxes on manufacturer, sales receipts, gross income, occupation, use and similar taxes.
  17. DIRECT SHIPMENTS: Unless shipping instructions are furnished, we ship by best means at our discretion as your agent and at your risk. Our responsibility ceases upon delivery in good order to the carrier. Any damage while in transit is your responsibility and all claims shall be made to the carrier. We assume no responsibility to the carrier.
  18. No claims will be accepted unless noted on bill of lading at time of delivery.
  19. Crating or cartoning charge is additional.
  20. Items listed hereon will be subject to minimum storage charge if delivery is not arranged by you within 30 days from date of our invoice.
  21. Terms are 50% deposit and the balance cash due before delivery for all orders destined within the state of Florida. All orders destined outside the state of Florida require payment in full before manufacture. Until payment is made in full, all products purchased and installed is property of Total Window, Inc.
  22. DELIVERY CHARGES DO NOT INCLUDE HOISTING OR OTHER CHARGES INCURRED DUE TO INACCESSIBILITY OF ENTRY AT POINT OF DELIVERY. A charge of $125.00 will be issued given the case of Buyer no-show at time of delivery. Upon receipt of this charge, a new delivery date will be scheduled.
  23. All orders delivered to seller pursuant hereto or for acknowledgement hereunder shall be deemed to be subject to the terms and conditions set forth in buyer’s order forms.
  24. This contract shall be construed according to the laws of the state of Florida. Exclusive venue for any dispute relating to or concerning this agreement or any breach thereof shall be in Miami-Dade County, Florida, USA.
  25. This sale is made without any implied warranties of fitness for a particular purpose of merchantability. Seller is not responsible for any incidental or consequential damages.
  26. In the event the seller takes legal action to effect collection from buyer or enforce any provision of this contract, buyer shall be responsible for all legal costs including reasonable attorney fees.
  27. Seller retains a security interest on all goods sold pursuant to this contract until the purchase price of the subject goods has been paid in full.
  28. Buyer is responsible for all required permits. Any electrical work, permit service, city fees, and/or engineering services are not included in the price of the contract unless it is stated in writing on contract.
  29. Projects with longer than average sales cycles may require a non-refundable retainer from the buyer. The exact percentage will be determined on a case by case basis, and is based on a percentage of the initial proposal. Payment of this retainer should in no way be construed as an agreement to manufacture any materials on said proposal. This non-refundable retainer authorizes the seller to assist and/or consult on the pre-production details of the upcoming project including but not limited to wiring placement recommendations, sizes of drywall pockets, and automation details & components needed. The retainer amount will be applied as a portion of payment to the actual order once the agreement has been fully signed.
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