Stainless Cable & Railing™
Cable Railing Systems by Stainless Cable & Railing Inc.
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Stainless Cable & Railing Inc. Terms & Conditions


Stainless Cable & Railing Inc. Terms & Conditions


Below are our General Terms & Conditions. Privacy Policy and Wood Order Terms are further down the page.



GENERAL TERMS AND CONDITIONS


PAYMENT: The invoice amount must be paid before any items are shipped. Items are purchased FOB shipping point. Client agrees that, if it disputes any portion of an invoice, Client must notify SCR of such dispute in writing within 30 days of the invoice date, which notice must set forth the disputed amount and the reason for such dispute. Client hereby waives any right to dispute an invoice more than 30 days after an invoice's date.

FAILURE TO PAY: Client acknowledges that failure to timely pay any amount hereunder is a material breach of this Agreement, and that SCR may, in its sole discretion, suspend service and all other obligations under this contract and/or under any other contract between SCR and Client. SCR may claim a lien for all materials, labor, and services furnished if any amount due hereunder is not timely paid. Client agrees to pay SCR all collection costs that SCR incurs, regardless of whether or not litigation is initiated, including but not limited to reasonable attorney's fees, court costs, and charges for SCR staff time (at SCR regular rates).

PROFESSIONAL STANDARDS: SCR shall only be responsible, to the level of competency and the standards of care, skill, and diligence maintained by professionals providing similar services in SCR's local community at the time that SCR provides services under this Agreement.

DISCLAIMER OF WARRANTIES: SCR makes no warranties except as set forth in the 10-Year Limited CableView Stainless Railing Warranty, the 10-Year Limited CableView Aluminum Railing Warranty, and the Special Terms of Wood Orders stated below. The express warranties as set forth therein are exclusive and in lieu of all other warranties, conditions and terms as to quality or fitness of all products, railing systems and services supplied by SCR. There are no warranties which extend beyond the descriptions as contained in the warranties and these terms and conditions. All other warranties, express or implied, including the implied warranties of merchantability and fitness for a particular purpose, are hereby disclaimed and excluded.

LIMITATION OF LIABILITY: In no case shall SCR's liability to the Client for any cause or combination of causes, in the aggregate, exceed the amount of the fee actually paid to SCR under this Agreement. In no event shall SCR be liable for any indirect or consequential damages of any kind, including any loss of actual or anticipated profits, loss of anticipated business, cost of substitute products or services, loss of use, damages for delay, or for any other special or incidental damages arising out of SCRís products, railing systems or services.

WAIVER OF CLAIMS: Except as to warranty rights, Client hereby waives all claims against SCR, and releases and covenants not to sue SCR, from any claim, demand, loss, or liability that Client may now or hereafter have against SCR arising out of or in connection with this Agreement or the products, railing systems or services provided hereunder, whether in tort (including negligence), contract, indemnity, contribution or otherwise, provided that any such claim, demand, loss or liability has not resulted from SCRís gross negligence or willful misconduct.

PLANS AND DRAWINGS FOR INFORMATION ONLY: SCRís plans, drawings, specifications, and schematics are intended solely for Clientís information and to provide guidelines only. Client has sole and exclusive responsibility to investigate, verify and confirm all aspects of the engineering, design, constructability, feasibility and compliance with all applicable codes and standards of Clientís specific project involving SCRís products and railing systems. SCR is not responsible for the proper installation of its products and systems, and makes no promises, representations or warranties regarding the use or function of its products and railing systems including and especially where non-SCR products or systems are used, installed or incorporated in Clientís project.

INDEMNIFICATION FOR THIRD PARTY CLAIMS: To the fullest extent permitted by applicable law, Client hereby agrees to indemnify, hold harmless and defend SCR from any claim, demand, loss or liability, including reasonable attorneys' fees, that results from for any loss, damage or liability arising from any acts by the Client, its agents, staff, and/or other consultants or agents that act at the direction of Client, as to any and all claims for bodily injury or property damage brought by third parties.

ARBITRATION: If any dispute shall arise between the parties it shall be resolved by binding arbitration in Vancouver, Washington. The laws of the State of Washington shall govern this contract. The prevailing party shall be entitled to its attorney fees, costs, and expenses.

ENFORCEABILITY: In case any one or more of the provisions contained in this Agreement shall be held illegal, the enforceability of the remaining provisions contained herein shall not be impaired.

AUTHORIZATION TO PROCEED: Any request by Client for ENW to proceed with work shall constitute an express acceptance of all terms to this Agreement, including these General Provisions.

OWNERSHIP OF DOCUMENTS: It is understood and agreed that the calculations, drawings, and specifications prepared pursuant to this Agreement ("Work Product"), whether in hard copy or machine-reader form, are instruments of professional service intended for one-time use by Client for this project only. Work Product is and shall remain the property of SCR.

INSURANCE: SCR is covered by a general liability insurance policy and a professional liability policy, which policies shall each provide for at least $1,000,000 coverage per occurrence. If Client requires additional coverage in excess of that amount, and if procurable, SCR will obtain additional insurance to the level Client requests at Client's sole expense.

WORK OF OTHERS: Client agrees that SCR shall not be responsible or liable for any work performed or services provided by any entity other than SCR and/or any person that is not a direct employee of SCR. Client expressly acknowledges that SCR does not assume responsibility for determining, supervising, implementing or controlling the means, methods, technique, sequencing or procedures of construction, or monitoring, evaluating or reporting job conditions that relate to health, safety or welfare.

ALL TERMS MATERIAL: All provisions herein are material to SCR's agreement to provide services and materials, and were expressly negotiated by the parties.

NOTICE OF CLAIMS: Client shall, and expressly agrees to, provide SCR immediate written notice of any facts that could potentially result in any potential claim against SCR, including but not limited to any dispute, any claimed damages, any perceived failure by SCR, or otherwise. As a condition precedent to any recovery from SCR, Client shall give SCR written notice of any such claim or facts that could result in a claim not later than ten (10) days after the date of the occurrence of the event causing the potential claim. Client's failure to provide such notice, for any reason, shall constitute waiver of such claim.

TIME LIMITATION FOR CLAIMS: Notwithstanding any applicable statute of limitations or ultimate repose, no suit or claim based on any cause of action, regardless of form, arising out of or related to this Agreement, or any of SCRís products, railing systems or services, may be brought more than one (1) year after the date that such cause of action occurred, regardless of when the claim was discovered.

INTEGRATION: This Agreement constitutes the entire agreement between the parties, and supersedes all prior oral or written agreements, communications and understandings.

REPRESENTATION: Both parties warrant that they have had this document reviewed by their own independent legal counsel, or have willingly waived the opportunity to do so, and accept each and every term herein.



PRIVACY POLICY


This site is owned and operated by Stainless Cable & Railing Inc. (SCR) Your privacy on the Internet is of the utmost importance to us. At SCR, we want to make sure your experience online is satisfying and safe.

Because we gather certain types of information about our users, we feel you should fully understand our policy and the terms and conditions surrounding the capture and use of that information. This privacy statement discloses what information we gather and how we use it.

INFORMATION SCR GATHERS & TRACKS

SCR gathers information about users:

Information that users provide through optional, voluntary submissions. These are voluntary submissions to receive our electronic newsletters, to participate in our message boards or forums, to email a friend, and from participation in polls and surveys.

Newsletters and Catalogs:

We offer free print catalogs and occasional email newsletters to users. SCR gathers the email addresses of users who voluntarily subscribe. Users may remove themselves from this mailing list by following the link provided in every newsletter that points users to the subscription management page.

USAGE TRACKING: SCR tracks user traffic patterns throughout all of our sites. However, we do not correlate this information with data about individual users. SCR does break down overall usage statistics according to a userís domain name, browser type, and MIME type by reading this information from the browser string (information contained in every userís browser).

SCR sometimes tracks and catalogs the search terms that users enter in our Search function, but this tracking is never associated with individual users. We use tracking information to determine which areas of our sites users like and donít like based on traffic to those areas. We do not track what individual users read, but rather how well each page performs overall. This helps us continue to build a better service for you.

COOKIES: We may place a text file called a ďcookieĒ in the browser files of your computer. The cookie itself does not contain Personal Information although it will enable us to relate your use of this site to information that you have specifically and knowingly provided. But the only personal information a cookie can contain is information you supply yourself. A cookie canít read data off your hard disk or read cookie files created by other sites. SCR uses cookies to track user traffic patterns (as described above). Our advertising system delivers a one-time cookie to better track ad impressions and click rates.

You can refuse cookies by turning them off in your browser. If youíve set your browser to warn you before accepting cookies, you will receive the warning message with each cookie. You do not need to have cookies turned on to use this site. However, you do need cookies to participate actively in message boards, forums, polling and surveys.

USE OF INFORMATION: SCR uses any information voluntarily given by our users to enhance their experience in our network of sites, whether to provide interactive or personalized elements on the sites or to better prepare future content based on the interests of our users.

As stated above, we use information that users voluntarily provide in order to send out electronic newsletters and print catalogs. We send out newsletters to subscribers on a regular schedule (depending on the newsletter), and occasionally send out special editions when we think subscribers might be particularly interested in something we are doing. SCR never shares newsletter mailing lists with any third parties, including advertisers, sponsors or partners.

When we use tracking information to determine which areas of our sites users like and donít like based on traffic to those areas, we do not track what individual users read, but rather how well each page performs overall. This helps us continue to build a better service for you. We track search terms entered in Search function as one of many measures of what interests our users. But we donít track which terms a particular user enters.

SCR creates aggregate reports on user demographics and traffic patterns for advertisers, sponsors and partners. This allows our advertisers to advertise more effectively, and allows our users to receive advertisements that are pertinent to their needs. Because we donít track the usage patterns of individual users, an advertiser or sponsor will never know that a specific user clicked their ad. We will not disclose any information about any individual user except to comply with applicable law or valid legal process or to protect the personal safety of our users or the public.

SHARING OF THE INFORMATION: SCR uses the above-described information to tailor our content to suit your needs and help our advertisers better understand our audienceís demographics. This is essential to keeping our estimation service free. We will not share information about individual users with any third party, except to comply with applicable law or valid legal process or to protect the personal safety of our users or the public.

SECURITY: SCR operates secure data networks protected by industry standard firewall and password protection systems. Our security and privacy policies are periodically reviewed and enhanced as necessary and only authorized individuals have access to the information provided by our customers.

OPT-OUT POLICY: We give users options wherever necessary and practical. Such choices include:
  • Opting not to register to receive our electronic newsletters.
  • Opting not to participate in certain interactive areas, which completely alleviates the need to gather any personally identifiable information from our users
YOUR CONSENT: By using this site, you consent to the collection and use of this information by SCR. If we decide to change our privacy policy, we will post those changes on this page so that you are always aware of what information we collect, how we use it, and under what circumstances we disclose it.



SPECIAL TERMS FOR WOOD ORDERS


As a natural material, wood is shaped by its environment. Climate, sun exposure, age, mineral deposits, and soil qualities influence the grain, color, patterns, and even texture of every wood sample, even within the same species. Additionally, temperature and humidity changes will cause the wood to expand and contract following harvest.

We handpick our supplier's highest quality planks, protect them as best we can from atmospheric changes during fabrication and storage, and ship them in heavy-walled packaging, all to ensure the appearance and quality are maintained. That said, no amount of care or precaution can eradicate natural variation, and replacement requests based on subjective tastes are too costly to fulfill.

Unacceptable Returns:
    Planks exhibiting minor differences from store and gallery images are not defective, merely one-of-a-kind. Unique qualities include knots, splits, checking, sap, pith, mineral streaks, embodied cracks, etc. as well as variations in exact color, grain, thickness, texture, porosity, etc.
Legitimate Returns:
    Wood products which arrive with serious damages accrued during shipping will be accepted upon return and either refunded or replaced.
NOTE: The images and samples we provide are meant to communicate the general style and quality of our wood, but cannot possibly represent the full aesthetic range a given species may provide. This should be considered when viewing and purchasing wood products.

Customers are encouraged to install our products in relatively consistent, stable conditions free from extreme atmospheric changes and proximity to heat sources in order to ensure longevity.
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