SNYDER DIAMOND (SD) TERMS AND CONDITIONS
CUSTOM ORDERS: ALL PRODUCTS DESIGNATED AS ‘CUSTOM” OR “SPECIAL ORDER” (ON SALESORDER ITEM LINE AND/OR SIGNED WORKSHEET) CONFIRMED AND AUTHORIZED FOR PRODUCTION BY CLIENT (OR AGENT), CANNOT BE CANCELED, MODIFIED, CHANGED OR RETURNED. ALL DEPOSITS OR PAYMENTS ARE NON-REFUNDABLE AND CLIENT WILL BE LIABLE FOR FULL PAYMENT AMOUNT AS AGREED UPON AT TIME OF 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 your sales order for the stated price and per these said terms and conditions. Please review for suitability, quantities, and accuracy with regards to style, size, finish, and specification. All errors or omissions at the time of order are subject to correction by SD (including price, product quantities, product features and availability).
PAYMENT TERMS: FULL payment is required for all orders under $10,000. Orders greater than $10,000 require a minimum deposit of 55% of the total amount LESS delivery, freight, tax, and full payment PRIOR TO SNYDER DIAMOND INITIATING/ISSUING A PURCHASE ORDER TO VENDOR (subject to the conditions set forth in CUSTOM ORDERS). Additionally, payment in full is required for immediate need merchandise (in-wall plumbing rough valves, appliance accessories and hood liners) upon approval of order from customer.
Fifty percent deposits or greater will guarantee pricing for one year after the initial sales order date. All orders exceeding one year after date of initiation are subject to market pricing due to vendor price increases or product model changes (without prior consent).
ORDER STATUS: Once SD has been instructed to order merchandise and assemble or stage in their facility for the purpose of meeting the requested job or delivery requirements, Client (or agent) will be notified when order is ready for pick-up or delivery. After said notification (text, email, phone, post card or registered letter) Client will have a maximum of 90 days (without prior agreement) to take possession of all products contracted on sales order. Failure (by client or agent) to respond promptly after SD notification of order readiness, products on order may be subject to reallocation to other customers, incur the prevailing market price and/or disposed of by SD in any commercially reasonable manner, whereupon Customer shall remain liable to SD for any remaining fees and outstanding balances. SD will make every effort to notify customer (minimum of three documented attempts) when order is complete and ready to ship.
Failure to respond will result in the order to be considered abandoned and may be subject to forfeiture of all monies paid (in the absence of a prior written agreement between SD and customer).
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 because of delays due to manufacturer production, delay of carrier, inclement weather, forces of nature, or any other reason, regardless of prior representation. DO NOT SCHEDULE INSTALLER BEFORE PRODUCT IS IN HAND.
WILL CALL/STORE PICKUPS: All products once 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: There is a charge for each scheduled delivery and a designated responsible party must be present to receive and sign for each shipment. 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 detail otherwise.
Personnel is 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 at client expense. SD is not responsible and is held harmless for any claims of damage to client’s property or injury to persons arising from SD personnel or outside contracted delivery.
WARRANTY: Customer’s sole warranty, if any, are those provided by the manufacturer. SD disclaims all expressed or implied warranties, including all implied warranties of merchantability and suitability for a particular purpose and is subject to the policies and procedures of such manufacturer regarding accepted tolerances for determining performance, defects, replacement, or repair. If product does not perform at time of installation, SD and/or manufacturer (or its rep) must be allotted the opportunity to remedy the defect through inspection and/or service before item will be replaced. Customer’s remedy shall exclusively be against manufacturer providing said warranty. Customer shall have no rights or remedies against SD.
RETURNS AND CANCELLATIONS: All returns and cancellations are subject to approval and acceptance of product supplier and/or inspection with a minimum restock/handling fee (which varies by manufacturer and category). This includes but is not limited to products in route from vendor or already received and held by SD and not yet delivered. Excludes Custom and Special Orders as defined above.
Product returns are valid for up to 90 days after receipt (only if item is still current in manufacturer catalog) and must be in original packaged condition for resale or return. Returns requested after 90 days of initial receipt will not be accepted.
Client (or agent) is responsible for all related costs associated with the return (including but not limited to freight/pickup, repackaging and/or crating costs, and supplier restock charges). All credits are pending and subject to supplier’s inspection and acceptance.
CLAIMS: 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.
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), CANNOT BE RETURNED NOR REFUNDED.
REFUNDS: All credit card refunds must be credited to the original credit card holder only. Cash transactions up to $50 will be refunded from the store cash register. Check refunds will be paid by check and require up to a 14-day processing period from the date the credit has been processed. PLEASE NOTE: 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.
Attorney’s Fees/Costs (Formerly Payments): 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 more than a return of the purchase price of the product regardless of any claims otherwise. SD is not responsible if the Product does not fit your space, use requirements or expectations as it relates to manufacturer’s stated performance standards or design.
SD assumes Customer is using qualified, licensed professionals for installation of purchased merchandise. It is the sole responsibility of the Customer or its agent (installer, plumber, contractor, designer, architect etc.) that all purchased merchandise (as ordered, requested, and/or signed for) on the jobsite is acknowledged as proper and correct. Any discrepancies must be reported within 14 days of receipt or customer assumes responsibility. All products that are considered concealed (wall valves, drains, bathtubs, showers and related) must be proofed and tested prior to finish installation and being encased by tile, marble, or any other materials.
As previously stated, 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. It is assumed trade professional or installer is employed by customer and therefore SD assumes no responsibility or liability for installation or referral.
LEGAL: Initiation of this order through deposit, payment or verbal communication, Customer hereby accepts, agrees, and is bound with all the above SD terms and conditions. If a dispute arises under these Terms and Conditions, such dispute shall be resolved through binding arbitration before a single neutral arbitrator at ADR Services, Inc., located in Century City, County of Los Angeles, State of California. Neither party shall have the right to conduct discovery in such arbitration proceedings. 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 and AMENDMENT: Customer hereby understands and agrees with all 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 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.
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 regarding the transaction referred to herein. This document may not be modified or amended without written permission.