All material is guaranteed to be as specified. All work to be completed in a workmanlike manner according to standard practices. Any alterations or deviations from specifications involving extra costs will be executed only upon written orders and will become an extra charge over and above the estimate. All quotations and offers contains on the face hereof or to which this schedule is attached are made by Supplier and all orders are accepted by Supplier (where expressed or implied) only on condition that the terms and conditions of this contract shall apply. Price is subject to final choice and mutual agreement in respect of colors, materials, and fabrics.
All obligations undertaken by the Supplier are set forth herein and may not be varied except in writing signed by an authorized person in the company.
Unless otherwise noted, Sales Tax is over and above the quoted price and will be applied to the Invoice where applicable. Customer must provide Supplier with all tax exemption documents prior to release to production. Foreign Import Duties, Customs Fees & Taxes are the sole responsibility of the Customer when shipping outside the United States of America.
For orders totaling $10,000 or less, full payment is required before production begins. For orders exceeding $10,000, a 50% deposit is due with the official order, with additional progress payments as needed. The remaining balance is due upon completion or when we notify you that the goods are ready for delivery. Payments made after the due date will incur a 2% monthly interest charge. If payment is not made according to these terms, Acoufelt reserves the right to remove the product from the customer’s premises.
Customer grants to Supplier a purchase money security interest in the goods supplied until payment is made in full. Supplier may at any time recover the goods if they are in the customer’s possession and resell the goods if any payment owed by the Customer on any account is overdue of if the Supplier considered that the amount outstanding from the Customer on the general statement of account between the partied is in excess of the credit limit Supplier is willing to accord to the Customer and for this purpose Supplier its servants or agents may enter upon the Customer’s other premises upon which the goods are situated.
Unless otherwise noted, our quotation makes no allowance for installation labor, including receiving of deliveries, product storage or staging. Responsibility is solely on Customer for all such onsite project work including verification of field dimensions and conditions. All hardware to be supplied by Customer unless otherwise noted.
All measurements in the schedule are approximate. All quantities take-off are the responsibility of the customer even if performed by Acoufelt. All work will be carried out in accordance with spec and shop drawings, subject to deviation at our discretion. The Supplier reserved the right to change the materials used in manufacture to take advantage of any technical developments, improvements, or modifications which Supplier considered desirable.
If Shop Drawings are included in the scope of this project, there is an allowance for up to two revisions for a total of three submittals.
Colors, Finishes, and Fabrics appearance may vary slightly from samples provided, due to the natural variations of materials.
If delivery of the goods by Supplier is delayed for a cause other than its own negligence, the Customer shall be liable for extra charges, losses, or expenses incurred by Supplier, and the Customer shall not be entitled to cancel this contract by reason whereof. Where the Customer has requested special delivery arrangements (i.e., other than Supplier delivery to Customer’s premises) the risk in respect of the goods shall pass to the Customer upon the goods leaving the premises of Supplier. Supplier shall not in any circumstances accept liability for damage, shortage, or loss during transit for freight coordinated by Customer.
Acoufelt shall not be responsible for any damages, fire, tornado, hurricane, flood, earthquake, delays, losses by carriers, accidents, lockouts, strikes, or any other causes beyond its control.
Orders accepted by Supplier cannot be countermanded, or delivery deferred, or goods returned, except with written consent of Supplier and upon terms that reimburse and indemnify Supplier against all loss including cartage, bank charges, and other incidental expenses on any part of the order that is canceled.
In this interpretation of the contract “Supplier” means Acoufelt, the “Customer” means the person, firm, or company to whom the quotation or invoice is addressed, and “goods” means the goods specified on the quotation, invoice, or proposal. Supplier reserves the right to use Customer name and Customer contact name, and project photographs and information for future campaigns.