Below are our General Terms & Conditions. Special terms for wood orders are further down the page
.GENERAL TERMS AND CONDITIONSPAYMENT:
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. SCR makes no other warranty, expressed or implied including the warranty fitness for a specific purpose.LIMITATION OF LIABILITY:
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. Client hereby waives all claims against SCR and releases 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 services or materials provided hereunder (whether in tort, contract or otherwise), provided that any such claim, demand, loss or liability has not resulted from SCR gross negligence or willful misconduct. 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. Client warrants that it has had the opportunity to review this provision with its own independent legal counsel and has either done so or freely waived the right to do so.ENGINEERING:
SCR may provide engineering plans to client for materials ordered. SCR provides these plans solely for aiding client in obtaining necessary permits. SCR does not provide these plans for the client to utilize during the construct phase of the project. The client agrees to obtain their own, independently drafted plans for the construction phase of the project. The client agrees, to the fullest extent permitted by law to indemnify, hold harmless and defend, SCR, its officers, directors, employees and subcontractors against all damages, liabilities or costs, including reasonable attorneys' fees and costs, arising out of or in any way connected with the Client use of the plans. SCR has no further responsibility or liability concerning the plans and any warranty, express or implied, including fiduciary duties, is be null and void. In no event shall the SCR be liable for any indirect or consequential damages.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.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.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.
Wood products which arrive with serious damages accrued during shipping will be accepted upon return and either refunded or replaced.
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.