Terms & Conditions of Sale
Scope
Along with the accompanying Selling Policy, the scope of Your contract with Us is limited to this document (known as the Terms and Conditions of Sale). Any additional work, change orders, or Modifications may have an additional charge and may require a Modification agreement.
Express Limited Warranty
As detailed in the Selling Policy, the only warranty provided to a purchaser of our products is this Express Limited Warranty made by Shield Security Doors Ltd. and it only applies to new doors, frames, and windows and related items manufactured and sold by the Company (the “Product”). It does not apply to installation and services rendered by contractors and other third parties. The term of this Express Limited Warranty is one year from the date that the installation of the Product is completed. As a condition precedent to the applicability of the Express Warranty, Your installer must complete and submit to the Company the Warranty Registration Form found in the installation manual. Failure to submit the Warranty Registration Form prior to the filing of a Warranty Claim will void any warranty ordi- narily provided by the Company. The Limited Warranty applies only to the original purchaser of the Product.
Shield Security Doors stands behind its workmanship with a warranty pertaining to materials and workmanship for one (1) year from the date of delivery. This Warranty covers the cost of materials and servicing by Shield technicians due to defects in design or workmanship. This Warranty does not cover issues arising from improper installation or failure to follow the Shield Installation and Service Manual, or failure to timely submit the Warranty Registration Form. Travel expenses, travel time, and accommodations for on-site repairs are not covered under the terms of the Warranty and are billed at the standard installation labor rates. Shield Security Doors does not reimburse You or Your contractor for 3rd party costs resulting from a covered warranty repairs such as uninstallation and reinstalla- tion, paint or drywall repair, storage, etc. During the warranty period, Shield Security Doors Ltd. will make any repairs to the Product that may become necessary due to defects in original material or workmanship. We will repair or replace any defective part at no cost to You. Because of design changes, we may (but we are not required to) substi- tute parts or components of substantially equal quality. We will not be responsible for labor costs or for any costs of reconstruction of construction elements surrounding the Product.
Neither the original purchaser of the product nor any successor shall be entitled to recover from the company any consequential or incidental damages resulting from a defect in the product, including but not limited to loss of busi- ness, transportation, removal or reinstallation of the Product, legal expenses, loss or damage to person or property, inconvenience or loss of income. Some states do not allow the exclusion or limitation of consequential or incidental damages, so the above exclusions may not apply to You. These terms and conditions apply to all sales by Shield Secu- rity Doors Ltd. Placing of an order, acceptance of delivery and/or any payment constitutes acknowledgement and acceptance of these terms.
Proprietary Design
Drawings and designs not included in the scope of this contract remain the property of Shield Security Doors and are proprietary. Dissemination of proprietary components of Shield Security Doors systems is prohibited. Patent and Copyright laws apply where applicable.
Collaborative Effort
As part of a collaborative effort to reduce costs for the client, the client agrees to provide photographs, measure- ments, and other information to Shield Security Doors to reduce the likelihood of a need for a site visit. It is antici- pated that no on-site consultations will be required for this project. Should Shield Security Doors and the client mu- tually agree that a site visit would be beneficial, the client agrees to compensate Shield Security Doors for all related labor and travel expenses. In cases where access is challenging or when traversing stairs, etc., it is the responsibility of the client to measure the access to the installation location and verify that the dimensions of the space are ade- quate to permit the doors and windows – as shown on the client approval drawings – to enter the space.
Lead Times
Shield Security Doors will make a good faith effort to deliver each project in a timely manner that coincides with the lead time provided and the client’s schedule. However, the client understands that the lead time is never guaran- teed and agrees to hold Shield Security Doors harmless for any expenses resulting from a delivery date
that is later than anticipated.
Shipping and Handling
Unless otherwise specified, freight costs are not covered in this contract and remain the responsibility of the cus- tomer. Due to the size and weight of our crates, it may be necessary to offload the Products with a forklift. Should the client not be able to supply a forklift, the Company will attempt to find a delivery vehicle with forklift capabilities. The Client will be responsible for the additional cost of supplying a vehicle with a forklift should one be available. All deliveries will be outside or into a garage, no inside deliveries. Should a Product be delivered damaged or in a condi- tion other than that contracted, the receiving party agrees to immediately notify Shield Security Doors by telephone or email, retain photographic evidence of the arrival condition, and retain the packaging until the shipping company inspects the damage.
Installation
Unless otherwise stated in this document, installation is not included within the scope of this proposal. Although most projects are designed to be installed by local contractors and craftsmen, the installation of a Shield Security Doors door or window by an unlicensed contractor or technician of inadequate training and skill may cause dam- age to the system. Shield Security Doors does not guarantee the workmanship of installers, it does not contract or supervise. Due to the nature of the precise engineering associated with each door and window, environmental conditions (e.g., uneven flooring) that were undisclosed to Shield Security Doors remain the responsibility of the customer and may affect the operation of the door or window. Shield Security Doors will attempt to ensure that all necessary instruction, direction, and advice necessary will be provided at no cost to the end-user to help guarantee the successful installation of the contracted items but makes no claims regarding the time or expense that may be required to affect a successful installation or perform future service or maintenance. This project should be consid- ered a collaborative effort between Shield Security Doors and the customer, who may be asked to provide measure- ments, photos, logistical support, or other information to ensure a successful outcome.
Access
Prior to the start of manufacture, the client will be asked to approve a detailed design package that will show the dimensions of the product. It is incumbent on the client to verify that the product will fit through any door openings, stairways, or elevators to get to the installation location.
In cases where the installation is included in the contract: The client agrees to pay actual installation expenses, which may be greater than the estimated cost if unforeseen challenges arise during the installation process. Unless other- wise stated in this contract, installation does not include drywall work or wall paint. Actual installation expenses are figured at $75/man-hour for technicians and $175/man-hour for engineers (including travel time), plus reimburse- ment for all travel, accommodations, and ancillary installation costs. The final balance payment is due at the time of installation. Whenever installation is included, a $100/day late payment fee will be assessed for failure to pay the final balance amount upon completion of the installation. The client understands that Shield Security Doors cannot and does not maintain a contractor’s license in every jurisdiction, therefore the client assumes responsibility for coordi- nating, hiring, and paying any locally licensed contractor to oversee the project as required by law.
Storage
Shield Security Doors may, at its discretion, offer to store a completed project without charge for up to one month after completion. In the event that the client requires the completed project to be stored by Shield Security Doors for more than a month, a storage fee of $300/month may apply per door or window. Shield Security Doors reserves the right to sell or otherwise dispose of projects with no refund given to the original customer if a storage fee goes unpaid for more than three consecutive months.
Unlawful Dissemination
This document is intended only for the use of the individual or entity named above and may contain information that is confidential, privileged, and/or exempt from disclosure under applicable law. Any review, disclosure, copying, distribution, or other use of any of the information contained in this document is strictly prohibited.
Confidentiality
Shield Security Doors endeavors to maintain strict confidentiality of all its records. Shield Security Doors will never knowingly release or sell any information regarding any client or project to any third party without express consent.
Photography
Shield Security Doors reserves the right to photograph and video every one of its projects prior to installation, as well as during and after installation whenever that installation is performed by Shield Security Doors. Shield Security Doors maintains exclusive ownership of any such photographs and videos and reserves the right to use them for marketing, portfolio, and other purposes so long as any and all client information is kept strictly confidential.
Photographic Rebate
For select projects, Shield Security Doors chooses to offer a rebate in exchange for professional-quality photographs to be used for advertising purposes. The rebate will be applied at the time that the photographs are delivered. Pho- tographs must include two sets of three photographs each, with each set to include three photos taken from the same vantage point: one with the door in the open position, one in the slightly ajar position, and one in the closed position. One of the sets should be zoomed in on the door, and the other should show the door in the context of the overall room. The photographs should be taken with a DSLR type camera in proper lighting conditions, after all construction is complete with the area cleaned, rooms completely furnished, and any shelves occupied.
Shield Security Doors values the opportunity to develop, design, engineer, and build unique and innovative security doors and windows. We thank You for this opportunity and look forward to Your complete satisfaction.
Dispute Resolution
In the event of any dispute, claim, or controversy arising out of or relating to this contract or the breach, termina- tion, enforcement, interpretation, or validity thereof, the parties agree to make good faith efforts to resolve the dispute through negotiation. If the parties are unable to reach a resolution within 90 days of initiating negotiations, either party may initiate binding arbitration as the sole and exclusive remedy. The arbitration shall be conducted in accordance with the rules and procedures of the American Arbitration Association or a mutually agreed-upon arbi- tration association. The decision rendered by the arbitrator shall be final and binding upon both parties. The award may include an award of counsel fees to the prevailing party.
Any action to enforce the Express Limited Warranty set forth herein shall not be commenced more than one year after the expiration of said Warranty. This Express Limited Warranty gives You specific legal rights, and You may have other rights which vary from state to state.
Legal Jurisdiction
This contract shall be governed by and construed in accordance with the laws of the State of New York, without regard to its conflict of laws principles.