TERMS AND CONDITIONS FOR SALE AND LIMITED WARRANTY
All sales by Vintage Elements, LLC (“Vintage Elements”) are subject to the following Terms and Conditions:
1. By signing below, Customer agrees to pay Vintage Elements according to the terms of payment contained in the Estimate. Any alteration or deviation from the terms of payment will require an additional cost in an amount to be set forth in a change order.
2. It is the responsibility of the Customer to select suitable materials for the Customer’s intended use. Vintage Elements does not provide installation services and cannot be responsible for damage to the product in the course of installation. Vintage Elements provides no instructions or directions concerning the installation of its product and the Customer is advised to independently select competent, experienced contractors to install the product.
3. Vintage Elements is not responsible for damage to the product during shipment. The Customer is responsible to note any visible damage on the delivery receipt and inform the shipper and the Seller of the damage. Seller will work with the shipper to determine the monetary damage, but the Customer is responsible for making claims for damaged products. If the Customer fails to note the existence of damage, and damage is later discovered, the Customer is responsible for contacting the shipper and initiating a claim. The Customer should retain all packaging materials.
4. Some types of materials such as reclaimed wood, reclaimed terracotta and reclaimed limestone are natural materials, and variations in color and character are expected. Variations and deviations in size and thickness may also be found. Expansion or contraction due to exposure of wood to temperature changes may also affect materials. Seller is not responsible for deviations or variations in color, character, size or thickness from piece-to-piece or deviations or variations in color, character, size or thickness from any samples.
5. All sales are final. Vintage Elements will not accept any returns of ordered material. Vintage Elements will not refund any payments made for ordered material.
Vintage Elements warrants its product to be in conformity with the product description. Vintage Elements will repair or replace the product that is not in conformity with the product description.
NO OTHER WARRANTIES, EXPRESSED OR IMPLIED, ARE PROVIDED. All other warranties, representations or conditions, expressed or implied, are disclaimed and excluded, including the warranty of merchantability and the warranty of fitness for a particular purpose. Vintage Elements shall have no liability for any indirect, special, incidental, consequential, punitive or exemplary damages, including lost profits, arising out of or otherwise connected with the sale and shall have no responsibility or liability for misuse or improper installation. This disclaimer is effective regardless of the legal theory, whether in Tort or contract.
To make a claim under this Limited Warranty, Customer must provide Vintage Elements with written notice within thirty (30) days of discovering the alleged defect or nonconformity to the Seller at the address shown on the estimate.
7. Vintage Elements is not responsible for delays in delivery or failure to perform due to or arising out of strikes, material shortages, riots, insurrection, fires, floods, storms, earthquakes, explosions, acts of God, war, governmental action, or any other cause beyond the reasonable control of the seller.
8. By accepting delivery of the products, the Customer agrees that this contract is made in the State of South Carolina and consents to jurisdiction of South Carolina courts. This agreement shall be construed in accordance with the laws of the State of South Carolina, without regard to any other choice of law principles. It is agreed that any dispute shall be adjudicated in the Court of Common Pleas for Greenville County, South Carolina.