TERMS AND CONDITIONS
The attached terms and conditions are incorporated into this Agreement and will govern the relationship between the Parties
AGREEMENT–This agreement is hereby made and entered into on by and between, herein referred to as Client, and IPCS Corp dba. LunnaDesigns, hereafter referred to as Supplier. The said parties, for the considerations hereinafter mentioned, hereby agree to the following:
The scope of work detailed in the proceeding pages includes all services related to the planning, production, execution, and supply of product/service indicated within the proceeding pages of this Agreement. Buyer agrees to provide, in a reasonable timeframe all the necessary plans, dimensions, and information necessary for the site conditions in order to work up accurate shop drawings for review and processing. The client also agrees to provide access to the premises during the required site visit as needed in order to confirm dimensions for approval to proceed. The client also agrees that all structural work related to supporting the proposed project shall be supplied by others and placement confirmed prior to starting of fabrication –this is to ensure all attachment points are ready to receive Stair / and railing as designed.
SHIPPING -Client understands and agrees that products being shipped from overseas are subject to delays. Shipping estimates are given based on information provided at the time of inquiry. Shipping lead-times are out of the control of the supplier and can fluctuate based on time of year, weather conditions, inspection requirements, Customs delays, etc. Shipping expense is a direct charge and no mark up is added –therefore, when shipping costs exceed the allocated budget, the difference is added to the final progress invoice to cover the complete shipping cost. All shipments are processed as full, closed container – ‘pack and ship’. Consolidated shipments are NOT recommended –risk of damage is higher with consolidated shipments and although less expensive to ship, no additional insurance is provided in the event of damage when requested. In event of damage during shipping of closed container, our standard practice, Supplier agrees to cover the cost of insurance deductible to cover the cost of loss or damage –up to $10,000.
CODE COMPLIANCE: When code compliance is necessary or required, Client agrees to engage the services of a qualified architect or building department representative in order to review shop drawings and confirm that code compliance is met. Upon approval of shop drawings, it shall be implied that all dimensional conditions meet the client’s requirement for code compliance.
ADDITIONAL WORK -Supplier agrees to furnish only the work, product, materials, and services set forth herein; and no other goods or services unless explicitly communicated and agreed to in writing and signed in approval.
PAYMENT FOR ADDITIONAL WORK -Buyer agrees that any materials, parts, work, labor, supplied in addition to the specified parts, work, labor and materials indicated in the shop drawings and proceeding documents, but requested by Client, shall be paid for by Client/Buyer at the completion or execution thereof without delay based on an hourly rate of $130 per hr. plus materials., and further agrees that any request made, is made with the authority to purchase such additional product, service, work, labor, etc.
CHANGE ORDERS -Upon ordering materials or services, change orders must be approved by Supplier after verifying that such order can be changed with the appropriate manufacturer, supplier, vendor or other. All costs associated with any changes will be the responsibility of Buyer.
PAYMENT UPON COMPLETION -Each of the persons signing this Agreement as Buyer agree (a) to make progress payments as outlined in the proceeding pages immediately upon request and completion of the process as indicated, or upon completed phases. (b) to be jointly and severally obligated and liable hereunder, and (c) to be bound by all of the terms, provisions, and conditions of this Agreement. Buyer further agrees that this Agreement may not be canceled once approval is obtained to fabricate and fabrication of parts has started.
SERVICES & MATERIAL -This Agreement is not indefinite, incomplete, or uncertain, and in fulfillment of the foregoing, the Supplier shall use only premium design practices, premium materials, premium hardware and premium services to fulfill this contract.
PRODUCT WARRANTY -FULL 10 YEAR LIMITED WARRANTY -In lieu of all other representations and warranties, expressed or implied, supplier warrants to the client that the materials provided hereunder shall be free from defects and received in quality packaging and in excellent condition. Further warrants that any part received outside of industry standard tolerances (specifically related to laminate glass) shall be replaced at no cost to the Client prior to installation. Once installed client accepts all parts, therefore please inspect parts upon request. For a period of no less than 3 years from the date of installation supplier warrants the integrity of the structure shall not change and all parts, assumed installed correctly (when by others), shall endure for many years to come. Regarding Glass Breakage, should a part arrive broken, chipped, scratched or defective in any way, please immediately document damage for reference. All damaged glass upon arrival shall be replaced in a timely manner at no cost. Any glass break occurring due to misuse of a stair or accidental impact during or after installation shall be replaced upon request; however, the costs shall be the responsibility of the Client or homeowner. Supplier specifically disclaims all other warranties, express or implied, including, without limitation, the warranty of merchantability and fitness for a particular purpose when engineering calculations have not be ordered or provided to ensure the reliability of designed structure.