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.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 SCR’s 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 SCR’s gross negligence or willful misconduct.PLANS AND DRAWINGS FOR INFORMATION ONLY:
SCR’s plans, drawings, specifications, and schematics are intended solely for Client’s 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 Client’s specific project involving SCR’s 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 Client’s 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 SCR’s 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.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.