SNYDER DIAMOND (SD) TERMS AND CONDITIONS
CUSTOM ORDERS: ONCE CONFIRMED AND AUTHORIZED BY CLIENT (OR AGENT), AND ORDERED BY SD, ALL PRODUCTS DESIGNATED AS “‘CUSTOM” OR “SPECIAL ORDER” (ON SALES ORDER AND/OR SIGNED WORKSHEET) CANNOT BE CANCELED, MODIFIED, RETURNED OR REFUNDED. ANY DEPOSITS OR PAYMENTS ARE NON-REFUNDABLE AND CLIENT IS RESPONSIBLE FOR ANY UNPAID BALANCE ON THE ORDER REGARDLESS OF SHIPPING STATUS.
ORDER TERMS: Customer hereby agrees to purchase from Snyder Diamond (SD) the products and/or services as described in detail on this sales order for the stated price and per these said terms and conditions. Customer agrees to review for suitability, quantities, and accuracy regarding style, size, finish, and specification. All errors or omissions at the time of order are subject to correction by SD and are the Customer’s responsibility (including price changes, any restocking fees for cancellation/return, product quantities, product features and availability).
PAYMENT TERMS: All orders under $3,000 require payment in full to be processed. Orders that exceed $3,000 require a minimum deposit of 55% of the total amount, including delivery, installation, freight, and tax (subject to the conditions set forth in CUSTOM ORDERS). FULL PAYMENT OF TOTAL REMAINING UNPAID BALANCE on each order is required PRIOR TO the following: 1) SD DELIVERY; 2) THIRD PARTY INSTALLER OR CARRIER PICK UP; 3) WILL CALL PICK-UP at SD SHOWROOM or WAREHOUSE by Customer or Agent; 4) REQUEST for ANY PARTIAL DELIVERY of ONE or MORE ITEMS on SALES ORDER (excluding plumbing roughs and appliance accessories or hood liners); and/or 5) UNPAID BALANCE ON ORDERS CLIENT REQUESTED SD PURCHASE THAT ARE RECEIVED AND HELD FOR 75 OR MORE DAYS.
ORDER STATUS: To process and, in turn, purchase products for orders, Customer must be compliant with PAYMENT TERNS. Once instructed to order merchandise, as product arrives and is stored in an SD facility (to meet the requested project schedule), Customer or agent will be notified that order is ready for pick-up or delivery. If Customer fails to communicate delivery status of their order within 60 days, the product held is subject to storage fees. If within six (6) months from the date of initial notification, products may be reallocated to other customer orders, returned to suppliers, sold or otherwise liquidated at SD’s sole discretion. Customer agrees SD has the right to disposition the product in any commercially reasonable manner. Customer shall remain liable to SD for any remaining fees and outstanding balances.
CHANGE ORDERS: Once SD has ordered and/or received specific products for this order and a change (in model, manufacturer, or design) has been requested by customer, SD will make every attempt to return item(s) but said merchandise will be subject to the SD RETURN & CANCELLATION policy, regardless of whether product(s) have been delivered to client. In the event a manufacturer changes or updates a product on a current sales order, SD will have the right to substitute to the closest replacement product and be subject to current market pricing (if higher than original item).
LEAD TIMES: SD will attempt to give accurate lead times based on information available to them from manufacturer/distributor at time of order or request of delivery. Lead times are always approximate and are never guaranteed especially where supply chain disruptions exist. SD will not be responsible for any damages, claims or associated costs customer may incur as a result of delays due to manufacturer production, delay of carrier, inclement weather, forces of nature, or any other reason, regardless of prior representation. INSTALLATION MAY NOT BE SCHEDULED BEFORE PRODUCT HAS BEEN RECEIVED BY SD.
WILL CALL/SHOWROOM PICKUPS: Once products are inspected, signed for, and accepted in good condition, become the sole risk and responsibility of the Customer. In the event customer designates a third party (agent) for pick-up, that person must be specifically designated by name and sales order balance must be paid in full prior or products will not be released by SD. All third party designates will be asked to present their valid personalized ID and sign legibly for merchandise as proof.
DELIVERY TERMS: ANY UNPAID BALANCE on an Orders must be paid in full before delivery will be scheduled. SD may charge for each scheduled delivery. Customer agrees to have a responsible adult present to receive and sign for each delivery. SD delivery service includes delivery to job site address according to the terms stated on the Delivery Worksheet Agreement or the stated “Ship To:” as detailed on sales Order. All deliveries are garage or curb site drop off only (including cast iron bathtubs) unless prior arrangements are confirmed in writing by the parties.
WARRANTY: Customer’s sole warranty, if any, are those provided by the manufacturer, subject to the policies and procedures of such manufacturer regarding accepted tolerances for determining performance, defects, replacement, or repair. SD disclaims all express or implied warranties, including all implied warranties of merchantability and suitability for a particular purpose. If product does not perform at time of installation, SD and/or manufacturer must be afforded a reason- able opportunity to remedy the defect through inspection and/or service before item will be replaced. Customer’s sole and exclusive remedy shall be against manufacturer providing said warranty. Customer shall have no rights or remedies against SD.
CLAIMS: All claims are subject to and conditioned upon written proof by Customer that products were thoroughly inspected by Customer or a licensed contractor before installation. Claims for damages, shortages, visible defects, and errors for delivered merchandise must be reported at time of receipt and prior to installation. All claims and/or returns must be accompanied by an invoice and original packing material and will be subject to SD Returns and Cancellations Policy.
RETURNS AND CANCELLATIONS: All returns and cancellations are subject to inspection and acceptance of product by supplier, with a minimum restock/handling fee (which varies by manufacturer and category). This includes but is not limited to products enroute from vendor or already received and held by SD, and not yet delivered to Customer. Customer is responsible for all related costs associated to the return (including but not limited to freight/pickup, repackaging and/or crating costs, and supplier restock charges). All credits given by SD for returned products are considered pending and subject to supplier’s inspection and acceptance. Product returns are valid for up to 90 days after receipt of product by Customer (only if item is still current in manufacturer catalog) and must be in original package condition for resale or return. Returns requested after 90 days of initial receipt will not be accepted. NOTWITHSTANDING ANY OTHER PROVISION HEREIN, MERCHANDISE INSTALLED, USED, MODIFIED OR DAMAGED (once acknowledged or signed by client or representative) even if received in error (i.e. incorrect model delivered or received), MAY NOT BE RETURNED NOR REFUNDED.
REFUNDS: All credit card refunds must be credited to the original credit card holder only. Cash transactions up to $150 may be refunded from the store cash register. Check refunds will be paid by check and require up to a 14 days for processing from date of credit processing refunds or credits can only be issued in the name of the original “Bill To” Customer unless SD has written authorization by both parties otherwise.
ATTORNEYS FEES/COSTS: In the event that any invoice is not paid in full when due, or in the event of any other dispute involving Customer and SD, the prevailing party in such dispute shall be entitled to recover from the other party all attorney’s fees, court costs, arbitration fees, arbitrator fees, collection fees and all other expenses associated with or resulting from such dispute, plus interest at the rate of 10% per annum and late fees at the rate of 1.5% per month.
LIMITATION OF LIABILITY: It is understood and agreed that in no event will SD ever be liable for damages in excess of the amount of the purchase price of the product regardless of the nature or extent of any claims. SD is not responsible if the Product does not fit Customer space, use requirements or expectations as it relates to manufacturer’s stated performance standards or design. Customer will use only qualified, licensed professionals for installation of purchased merchandise. It is the sole responsibility of the Customer or its installer, plumber, contractor, designer, architect, etc. to verify upon receipt and before installation that all purchased merchandise (as ordered, requested, and/or signed for) is proper and correct. Any discrepancies must be reported to SD in writing within 14 days of receipt or Customer assumes full responsibility. All products that are considered concealed (wall valves, drains, bathtubs, showers, etc.) must be proofed and tested prior to finish installation (i.e., encased by tile, marble, or any other materials).In no event will SD be liable for any special, incidental, or consequential damages with respect to installation, product failure or defect, error and/or omissions of seller or manufacturer, manufacturer specification changes, building code requirements and enforcement, and any delays in shipping, production, or delivery. This includes, but is not limited to, claims for damages to tile, marble, wood floors or any other finish materials, additional labor charges, or costs incurred by Customer due to delays in job completion. All trade professionals, installers and workers used by Customer are by Customer’s sole and exclusive choice, and SD shall not be responsible or liable for installation or referrals.
BINDING: Customer hereby accepts, agrees with, and is bound by all of the above Terms and Conditions. In the event that a dispute arises under these Terms and Conditions, such dispute shall be resolved through binding arbitration before a single neutral arbitrator at Alternative Dispute resolution, Inc. located in Century City, County of Los Angeles, State of California. Neither party shall have the right to conduct discovery in such arbitration proceeding. All such disputes shall be resolved in accordance with California law and the parties hereby consent to the jurisdiction of Los Angeles, California for all legal actions hereunder.
INTEGRATION/AMENDMENT: Customer hereby understands and agrees with all of the above Terms and Conditions. Customer acknowledges and agrees that it has been advised by SD to seek the advice of independent legal counsel to interpret and explain all of the above provisions. Customer acknowledges and agrees that he/she/it has had an ample opportunity to seek such independent legal advice and has either done so or hereby expressly, knowingly, and voluntarily waives his/her/its right to do so.
MISCELLANEOUS: There have been no representations, agreements, or promises made by either party except stated herein and all discussions preceding the date hereof are hereby superseded. This document encompasses the entire agreement between the parties with regard to the transaction referred to herein. This document may not be modified or amended without written permission. Any variation in this Order requires written approval by SD store management and SD will not reserve stock or guarantee pricing or prompt ordering of non-stock/special order products from vendors. Orders not delivered (invoiced) within 365 days of initial creation will be subject to current market pricing at time of completion. SD and/or other delivery personnel are prohibited from placing merchandise inside a residence. Cast iron bathtubs are limited to curbside drop off only. In the event inside residential delivery is required, a third-party delivery service may be contracted by Customer at its sole expense. Customer hereby unconditionally agrees to hold harmless, defend (including payment of attorney’s fees) and indemnify SD from and against any damages or claims of damage to Customer’s property or injury to persons arising from SD personnel or outside contracted delivery.
ORDER ABANDONMENT: All orders not retrieved or delivered and invoiced within 360 days will be considered abandoned (unless prior agreement in writing between Customer and SD specify otherwise). All monies paid will be forfeited and SD retains the right to liquidate and/or disposed of by SD in any commercially reasonable manner, whereupon Customer shall remain liable for the full purchase price and/or storage fees of said product(s).