Terms of Sale- GENERAL TERMS AND CONDITIONS
TERMS OF SALE:
GENERAL TERMS AND CONDITIONS FOR THE SALE OF PRODUCTS OR SERVICES:
The term “Terms and Conditions” shall mean all of the terms contained within this “TERMS OF SALE – GENERAL TERMS AND CONDITIONS”, together with any modifications or additional provisions specifically stated in any final quotation provided by Marsh and Sons LLC, a Texas limited liability company, d/b/a/ J&L Hardware (the “Seller”), or specifically agreed upon by Seller in writing.
These Terms and Conditions shall apply to any order placed by the purchaser (the “Purchaser”) with Seller. These Terms and Conditions comprise the entire agreement between the Purchaser and Seller, except as hereafter modified by Seller in writing and signed by Seller. No additional or different terms, conditions or warranties other than those identified in the final quotation, and no agreement or understanding, oral or written, in any way purporting to modify the Terms and Conditions, whether contained in Purchaser's purchase order or elsewhere, shall be binding on Seller unless hereafter made in writing, signed by Seller, and specifically referencing these Terms and Condition and stating that it modifies them. Purchaser is hereby notified of Seller’s express rejection of any terms inconsistent with these Terms and Conditions or to any other terms proposed by Purchaser. Neither Seller's subsequent lack of objection to any terms, nor the delivery of the products or services, shall constitute an agreement by Seller to any such terms. Trade custom, trade usage and past performance are superseded by these Terms and Conditions and shall not be used to interpret these Terms and Conditions.
DEPOSIT AMOUNT & BALANCE DUE DATE:
Pricing is subject to change at any time before the deposit payment is made.
A fifty percent (50%) or greater deposit is required to place an order.
All custom and made-to-order items require a one hundred percent (100%) deposit.
No drop ship orders outside of Austin, Texas, will be placed until paid in full.
Once the project has been received in Seller’s warehouse, the outstanding balance due will be due at NET 10 from the date of the “Balance Due” invoice (the “Balance Due Date”). If the outstanding balance is not paid in full by the Balance Due Date, a warehousing fee equal to two percent (2%) of the outstanding balance will be added to the outstanding balance due on the project. For each (30) day period past the Balance Due Date the outstanding balance is not paid, an additional two percent (2%) warehousing fee will be added to the outstanding balance due on the project.
Products by (i) CEA Design, (ii) The Water Monopoly, (iii) THG, (iv) Armac Martin, (v) Studio-Ore, or (vi) Kast require a one hundred percent (100%) deposit to be made – PRODUCTS BY THESE COMPANIES ARE MADE TO ORDER AND ARE NON-RETURNABLE / REFUNDABLE.
Purchaser may not cancel or modify an order without the written consent of Seller and payment by Purchaser of all applicable cancellation or re-stocking fees.
Purchaser shall be responsible for reviewing all quantities, finishes, dimensions, and additional details on Purchaser’s invoice. Purchaser shall be responsible for ensuring code compliance.
A “*” notates a living finish.
Please note that living finishes will change over time and require specific care by the end user.
It is the responsibility of the Purchaser to properly educate the end user about the unique properties and proper care of living finishes (please refer to the Finish Care Instructions). Except where a manufacturing defect exists, returns of any item with a living finish will not be accepted for any reason, including, but not limited to:
- Improper care by the end user.
- Lack of proper education given to the end-user regarding the nature of living finishes and the need for proper care.
- Dissatisfaction with the changed finish.
DELIVERY SCHEDULE & SHIPPING TERMS:
Once payment is received, Seller will procure all items required for rough-in immediately and will schedule the first delivery as soon as possible. A hard copy of the plumbing spec book will be delivered with rough-ins.
Seller will be responsible for managing the procurement of remaining fixtures based on the requirements and timeline of the project. All quoted lead times are subject to change at any time.
Seller does not guarantee any shipment or delivery date. Any time or date stated herein or otherwise identified by Seller, or any of its agents or employees, for shipment or delivery is intended as an estimate only. ACCORDINGLY, SELLER SHALL NOT BE LIABLE FOR ANY DAMAGES OF ANY NATURE WHATSOEVER ARISING DIRECTLY OR INDIRECTLY OUT OF A DELAY IN SHIPMENT OR DELIVERY.
PROJECTS OUTSIDE AUSTIN AREA:
Most items will be brought to Seller for inspection and labeling before being delivered or shipped to the job site.
All returns are subject to (i) a restocking fee of twenty-five percent (25%) or greater, and (ii) certain return shipping fees to the manufacturer. All such fees shall be paid by the Purchaser. Original shipping costs are NON-REFUNDABLE for all returned items.
All returns must be processed within sixty (60) days of purchasing.
Returns must be approved by Seller in writing, and the returned items must be in a new, unused condition.
Special orders, custom hardware sales, made-to-order sales, living finishes sales, customs fees, and shipping fees related thereto are final and NON-RETURNABLE / REFUNDABLE.
Items that arrive damaged, defective, or incorrect will be replaced under the conditions of the manufacturer’s warranty.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SELLER MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WITH RESPECT TO ANY PRODUCT AND SERVICES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, AND SELLER DISCLAIMS ALL OTHER REPRESENTATIONS AND WARRANTIES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT, AND ANY WARRANTY ARISING OUT OF ANY COURSE OF PERFORMANCE, COURSE OF DEALING OR USAGE OF TRADE. SELLER NEITHER ASSUMES, NOR AUTHORIZES ANY OTHER PERSON PURPORTING TO ACT ON ITS BEHALF TO MODIFY OR TO CHANGE ANY WARRANTY APPLICBLE TO A PRODUCT OR SERVICE, NOR TO ASSUME FOR IT ANY OTHER WARRANTY OR LIABILITY CONCERNING ANY PRODUCT OR SERVICE.
TO THE MAXIMUM EXTENT PERMISSIBLE UNDER APPLICABLE LAW, IN NO EVENT WILL SELLER OR ITS AGENTS OR AFFILIATES BE LIABLE, WHATEVER THE LEGAL BASIS FOR THE CLAIM, FOR ANY SPECIAL, INCIDENTAL, INDIRECT, CONSEQUENTIAL, LIQUIDATED OR PUNITIVE DAMAGES OR FOR ANY DAMAGES FOR LOSS OF BUSINESS, LOSS OF USE, LOSS OF REVENUE OR PROFITS, LOSS ARISING FROM DELAYS, AND OTHER LOSSES ARISING OUT OF, BASED ON, OR RESULTING FROM THESE TERMS AND CONDITIONS OR THE USE OF, MISUSE OF, OR INABILITY TO USE A PRODUCT, EVEN IF SELLER (OR ITS AGENTS OR AFFILIATES) HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Any warranties for a product by a manufacturer or supplier may be assigned or passed through to the Purchaser by the Seller to the extent allowable by the manufacturer or supplier providing the warranty.
These Terms and Conditions shall be governed by and construed in accordance with the laws of the State of Texas, excluding conflicts of law and choice of law principles, and venue for any disputes shall lie in the State courts located in, or the United States federal courts having jurisdiction over Travis County, Texas.
EXCUSABLE DELAY / FORCE MAJEURE:
Seller shall not be liable nor in breach or default of its obligations under any contract to the extent its performance of such obligations is delayed, hindered, or prevented, in whole or in part, directly or indirectly, due to causes beyond its reasonable control, whether foreseeable or unforeseeable, including, but not limited to, acts of God, fires, floods, or other natural disasters (declared or undeclared), terrorism, war (declared or undeclared), armed conflict (or the serious threat of same), plagues, epidemics, pandemics, quarantines, or other public health risks and/or responses thereto, insurrection, civil disturbances, insurrection, riots, mob violence, acts or omissions of Purchaser or Purchaser’s suppliers or agents, any act (or omission) by any governmental authority (including any change of law or regulation), strikes, lock-outs, differences with workers, accidents, labor disputes, transportation shortages, the unavailability or shortage(s) of labor, energy, materials, production facilities, transportation, or shipping, cyber-attacks, viruses, ransomware, failures or interruptions to network systems, vendor non-performance, or any other cause, casualty, or excusable delay beyond Seller’s reasonable control, whether similar or dissimilar to any of the foregoing. Upon the occurrence of a force majeure or other excusable delay, Seller’s performance or delivery date shall be extended for a period equal to the duration of the force majeure event or time lost by reason of delay, plus such additional time as may be reasonably necessary to overcome the effect of the delay.
The failure of Seller to enforce these Terms and Conditions shall not be interpreted as a waiver of the continuing effect thereof.
- ACH - A service fee charge equal to one percent (1%) of the amount paid will be added
- Credit Card - A service fee charge equal to three percent (3%) of the amount paid will be added
By paying Seller’s invoice you agree to these Terms and Conditions.
Payment mailing address:
2121 Lohmans Crossing Rd
Lakeway, TX 78734