and Wood Order Terms
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 thirty (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 thirty (30) days after an invoice's date. By making payment to SCR, Client accepts all terms and conditions contained herein.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 or terminate its obligations under this contract and/or under any other contract between SCR and Client (collectively, “Parties”). SCR may claim a lien for all materials and labor, if any, 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).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 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 price 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. SCR shall only be responsible to the level of competency and the standards of care, skill, and diligence maintained by manufacturing companies providing similar product or products in SCR's local community at the time that SCR provides product or products under this Agreement. SCR makes no other warranty, expressed or implied, including but not limited to the warranty of fitness for a specific purpose.
Client agrees that SCR shall not be responsible or liable for any work performed or services provided by any third-party entity or individual that is not a direct employee of SCR. Client expressly acknowledges that SCR does not assume responsibility for creating, determining, supervising, implementing, or controlling the means, methods, technique, design, sequencing or procedures of construction, or monitoring, evaluating or reporting job conditions that relate to health, safety or welfare.ENGINEERING:
SCR is not familiar with all jurisdictions in which SCR products may be used. SCR strongly recommends that Client enlist appropriate professionals to advise client about such things as architectural design, engineering, including but not limited to structural engineering, safety and compliance with prevailing and/or local building codes, ordinances and other laws in the appropriate jurisdiction. Among other things, Client is responsible for determining whether SCR products are appropriate for a given project, and is strongly encouraged consult with an architect, engineer, other contractor, or licensed professional, with respect to whether and how to utilize SCR products in the context of an overall project and applicable building codes, ordinances and laws. SCR may provide engineering plans to client for materials ordered. SCR provides these plans solely for aiding client in communicating with an architect or engineer or other licensed professional, as described above. Client acknowledges that SCR does not provide any plans for permitting or construction purposes. The client agrees to obtain their own, independently drafted plans for the construction phase of the Client’s project and that no warranty accompanies the delivery of any plans or drawings from SCR. 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’s use of the illustrative plans. SCR carries no further responsibility or liability concerning the illustrative plans and any purported warranty, express or implied, including fiduciary duties, is null and void. In no event shall SCR be liable for any indirect or consequential damages.
SCR excludes the implied warranty of merchantability and the implied warranty of fitness. There are no warranties which extend beyond the description on the face hereof. Except as expressly warranted, SCR makes no warranty of any kind, express or implied, and specifically makes no warranty of merchantability or fitness for a particular purpose. Client agrees to assume all risks and liability related to the SCR products, whether used individually or in combination with other products. For purpose of compliance with RCW 62A.2-316(4), the qualities and characteristics which are not being warranted are as follows:
Any Aluminum Powder Coated Railing Systems or 316 Grade Stainless Railing Systems installed within two (2) miles of salt or brackish water, pools, pool areas or other areas exposed to chlorine, de-icing solution or other industrial chemical agents (collectively, “Conditions or Agents”) due to those products’ propensity for adverse performance when installed within two (2) miles of those Conditions or Agents, and because there are more appropriate product choices for such applications.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 Agreement. 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 acceptance by Client of a product from SCR in exchange for payment shall constitute an express acceptance of all terms of this Agreement.ACCEPTANCE OF PRODUCT:
Upon receipt of all SCR packaging and products, Client shall immediately inspect the SCR packaging and products and, within ten (10) days following receipt, give written notice to SCR of any claim that (1) the SCR products do not conform with the terms of the Sales Order, or (2) the SCR products are defective, provided that a visual inspection should have revealed such defect. If Client fails to give such notice, the SCR products shall be deemed to conform to the terms of the Sales Order, and Client shall be deemed to have accepted and shall pay for the SCR products in accordance with the terms of the Sales Order and this Agreement, and Client forever releases and discharges SCR from all claims and demands related to clauses (1) or (2) of this paragraph. SCR reserves the right to substitute materials used to manufacture SCR products due to improved technology, supply limitations or other factors.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 intended for one-time use by Client for this project only. Work Product is and shall remain the property of SCR, and subject to this Agreement.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.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.TERMS AND CONDITIONS SHALL APPLY:
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 user’s domain name, browser type, and MIME type by reading this information from the browser string (information contained in every user’s 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 don’t 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:
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 don’t 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 don’t 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 don’t 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 audience’s 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
As a natural material, wood is shaped by its environment. Climate, sun exposure, age, mineral deposits, soil qualities, and other factors, 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, 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 but are not limited to 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 provided 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 SCR products in relatively consistent, stable conditions free from extreme atmospheric changes and proximity to heat sources in order to ensure longevity.