- Contract – The Contract between the Customer and the Company
- Contract Price – The amount charged by the Company to the Consumer for the Work, Product Design and/or any additional items and charges made.
- Company – Blackline Woodworks
- Customer – The customer purchasing a Unit/Units from the Company
- Change Order – A change made after approval of the Quotation by the Customer, which affects the configuration of the design, materials and/or the construction methods or techniques. All Changes Orders may incur additional charges. The Company has final say as to whether a Change Order will be approved or incur additional charges.
- Order – Payment of the Product Deposit and written confirmation by the Customer that they want to proceed with the Contract.
- Product Deposit – The non-refundable payment of 50% of the remaining Contract price. The Product Deposit must be paid before any Work begins or put into the production schedule.
- Quotation – The description of the works and the Contract price offered for those works by the Company to the Customer as referred to in Clause 3.
- Site – The location (usually the room) where installation of the Units is to be. The Customer must clear the Site prior to installation, and also prior to measurement if a specific appointment for measurements is arranged. If not there will be an hourly charge imposed for the delay clearing the Site causes to the installation schedule.
- Terms – These terms and conditions, which apply to all Contracts unless otherwise stated.
- Work – Creation and installation for the Unit(s) and any additional goods and services provided by the Company to the Customer under the Contract. Work does not include Product Design.
Custom Order Terms and Conditions is not independent of any policies within Blackline Woodworks General Terms & Conditions or Shipping & Returns. The Company may change this process from time to time or in respect of individual Contracts at its discretion. All Contracts between the Company and its Customers are subject to these Terms. In placing an Order with the Company the Customer accepts the application of these Terms to the Contract and the Terms will become binding on the Company and the Customer in respect of their Contract from the date of the Order. The Company’s Product Design and Work for each Customer is unique. The Company will not refund the Design Deposit or Product Deposit once paid, unless a request for such a refund is made prior to any Product Design or Work being undertaken in relation to the Order. These Terms take precedence over any oral or written statement, which is to the contrary, except that their application to the Contract may be amended in writing by a director of the Company. These Terms are the only terms which apply to the Contract. The Company may revise these Terms from time to time. If the Company revises these Terms, the Company will give all Customers at least one month’s written notice by email of any changes to the Terms before they take effect.
A Quotation is an offer from the Company to the Customer to carry out the Work described in the Quotation for the Contract price. Quotations and revised Quotations remain valid for 14 days from the date of issue. Each revision of a Quotation contains a fully detailed Quotation for the proposed works. Quotations are a complete description of the work quoted for and no item or feature will be included in the Unit(s) or in the Work more generally unless expressly stated in in the Quotation to be included. If a Customer wants to accept the offer for Works contained in a Quotation and enter into a Contract with the Company he must place his Order by paying the Company the full amount of the Product Deposit as stated in the Quotation. By paying the Product Deposit the Customer will be deemed to have accepted these Terms and the specification for the works in last revision of the Quotation, unless stated otherwise.
PAYMENT AND CHARGES
All Orders not exceeding $150 must be paid in full upon placing the Order. For Orders exceeding $150, 50% Product Deposit must be paid upon placing the order. The Product Deposit is non-refundable. Customers are therefore asked to carefully review and check the contents of the Quotation before placing the Order. 90% of the total Contract Price must be paid no later than the day before the first day of installation and prior to commencement of any works on site. The final 10% will be invoiced upon completion of the project. All additional charges incurred during the project (such as delay and clearing charges) must be paid within 7 days of being invoiced. Interim invoices to the value of work completed may be issued at any time. All such invoices must be paid within 7 days without deduction or set-off being made by the Customer for any reason. Any and all late payment of any invoices may be subject to interest from the date the payment is due at the daily rate of 4%. Late payment of interim invoices may cause delays in completion of the works.
All drawings, calculations, brochures and other design information produced by the Company shall remain the property of the Company and must not be copied without prior approval or the Company. Drawings, once approved, are for the Company’s use only and the Company will not be liable for the consequences of their use by any third party or for any third party’s reliance upon the accuracy of the drawings.
ORDERING CUSTOM PRODUCTS/PERSONAL DELIVERY
The Order, and Contract Price, is as detailed in the Quotation. Once the Order has been placed any Change Order to the Work described in the Quotation, may result in a change to the Contract Price, unless expressly agreed otherwise. By making Change Orders to the design the Customer agrees to be liable for these additional charges, which will be notified to the Customer and charged in an interim or final invoice. Once the Product Design and all other necessary details for manufacture are approved, the Company will give its best estimate for the week commencing date for the likely installation date for the Order. The actual day for commencement of the installation is not likely to be fixed until the week before, once the schedule for installation for that week has been finalized. The Company will make reasonable endeavors to keep to its estimated installation date but will not be liable for any loss or damage direct or indirect of any kind resulting from its failure to meet the estimated installation date. Failure to meet the agreed estimation installation date is not a breach of Contract by the Company. The Company reserves the right, at its complete discretion, to delay delivery of material to Site and delay installation where it considers that the site is not ready for such installation or the sums invoiced have not been paid in full. No storage charges will be charged for Units, whether ready for early installation or standard installation, until the end of the week which was given following approval of all technical information as the estimation date following payment of the Deposit. Thereafter storage charges may become payable if the Customer causes delay to the installation.
There must be a Power Supply (of 120 volts) at the Site, which is free for use by the Fitters who attend site to install the Units. The Site must be free of all unwanted items, clear and ready for installation prior to installation taking place. Clearing and preparation of the Site for installation is not included in the Quotation. In particular, removal and disposal of existing Units is not included in the price quoted for installation unless expressly included in the Quotation. Should the Site not be clear as at the pre-agreed date and time for installation a charge of $200 + Tax per square yard will be applied for Heirloom Custom Woodworking fitters to clear the area. The Fitters installing the Units have absolute discretion to refuse to undertake clearance of the Site. Removal services, if provided, will not include making good remaining surfaces, unless expressly included in the Quotation for works. Heirloom Custom Woodworking will not be responsible for any repairs or works needed once removal is complete. Delays to the Fitter’s work on site caused by the customer or by any third party, such as other tradesmen working at the same location, will be charged at $30 per man per hour. This includes delay as a result of the location not being clear and ready for the installation. Installation may cause minor damage to walls, floors, ceilings, objects and surrounding surfaces close to the location at the installation. Fitters will take reasonable steps to protect the location from damage but this cannot be guaranteed. Customers may need to undertake minor redecoration and re-plastering at their own expense following installation and are advised to take measures to avoid such damage, for example by ensuring that wardrobes are installed prior to walls being painted in any renovation works and protecting wood flooring. Our fitters will take reasonable precautions in their work installing Units, however, any electrical cables, pipework etc located in the area where the fitters are working must be clearly indicated to the fitters prior to them starting work on the installation. The Company will not accept responsibility for any damage caused to electrical cables, pipework etc by fitters in carrying out the installation, as a result, for example) of drilling or hammering through or otherwise rupturing such cables and pipework. We recommend that clients mark areas of wall which have such cables and pipework behind them. The Company will not be liable for making good any damage caused by third parties during or after installation of the Units. The Company’s Fitters will make reasonable attempts to keep the Site tidy but the Customer should expect that there will necessarily be dust, tools and materials on Site during the installation. Following installation, the Company’s Fitters will clean the Site and will remove the majority of the dust and rubbish. However, if the Customer requires the Site to be cleaned to a professional level then this can also be arranged, using an external Contractor, at an additional cost which will be added to the final invoice.
SPECIFICATION AND QUALITY
Paint colors mixed to match a sample or example provided by the Customer will be matched as close as possible to that sample or example but color matching is not guaranteed. Wood grain & color supplied in order to match a sample or example provided by the Customer will be matched as close as possible but exact matching is not guaranteed.
SUSPENSION AND TERMINATION
If the Customer fails to make any payment as and when it falls due the Company shall be entitled to suspend performance of its obligations under the Contract. Following suspension, the Customer shall also be liable for the interest on the outstanding invoice(s), which must be paid in full before the Company will resume performance of its obligations under the Contract.
TITLE AND RISK
All materials and finished Units and other Work product remains the property of the Company until full payment, including payment of all additional charges incurred, has been made. Once full payment is made title shall pass to the Customer. Once delivered to the Site it is the responsibility of the Customer to insure the Units (and component parts of the Units) and to take care of them until the Units are installed, full payment is made and title has passed.
DISCLAIMERS AND LIMITATION OF LIABILITY
The total liability of the Company to the Customer shall not exceed the value invoiced for them for the Works. The Company shall not be liable for loss of profits, loss of revenues, loss of amenity or any other type of special or indirect or consequential loss suffered by the Customer as a result of any act or omission by the Company. Nothing in these terms and conditions shall exclude or purport to exclude the Customer’s statutory rights. If the Customer is two or more persons then the Customer’s liability under the Contract shall be joint and several. Any failure or delay by the Company to enforce these Terms shall not be and should not be understood as a waiver of the Company’s rights to enforce such Terms. No third parties shall accrue any benefit or entitlement to enforce the Contract between the Company and the Customer by virtue of the Contracts (Rights of Third Parties) Act 1999. To the extent permitted by law the Company shall not be liable for any error or misrepresentation arising from printing or clerical errors in Quotations, invoices or other documentation or any other errors made in good faith.
EVENTS OUTSIDE OUR CONTROL
The Company is not liable or responsible for any failure to perform, or delay in performance of, any of our obligations under these terms that is caused by an event outside our reasonable control. If an event outside of our control takes place that affects the performance of our obligations under these Terms we will contact you as soon as reasonably possible to notify you and the Company’s obligations under these Terms will be suspended and the time for performance of our obligations will be extended for the duration of the event outside our control.
Shipping & Returns
All Sales are final. However, if an issue arises the following policy should address all problems.
Customers who wish to cancel a non-custom order prior to shipping will receive store-credit.
Customers who wish to return a product purchased directly from Blackline Woodworks should follow these steps:
Contact firstname.lastname@example.org within 3 days of receipt of the product
Obtain Return Authorization and shipping instructions from Blackline Woodworks.
Return the item to Blackline Woodworks in new, unused condition for exchange, or store-credit (less shipping and handling fees and a 20% restocking fee)
Products cannot be returned if:
A product has been personalized in any way: custom items not offered on the website, name, initials, etc.
The product has any visible wear or use
The customer has retained ownership passed the 3-day return period
SHIPPING POLICY/DELIVERY POLICY
Blackline Woodworks determines the most efficient shipping carrier for your order.
The carrier that will be used most commonly is the U.S. Postal Service (USPS)
Blackline Woodworks is not responsible for any negligent care of packages by any carrier service.
Customer is responsible for security of package(s) after carrier service has completed delivery
If you’re trying to estimate when a package will be delivered, please note the following:
Credit card authorization and verification must be received prior to processing.
Once package has been shipped customers will receive a tracking number via email.
USPS deliveries occur Monday through Friday, and Saturday morning (excluding holidays).
All shipping charges are paid for by the customer. Shipping charges will not be refunded, in any manner, on returned goods.
SHIPPING AND HANDLING COSTS
Fixed shipping rates are determined by USPS Flat Rate Boxes. Shipping package size is automatically calculated at checkout by aggregate product volume.
FREE PICK-UP IN MERRILL, WISCONSIN
If chosen, Pick-up must be scheduled within 1 week of purchase
Unless other arrangements are made, failing to collect products will:
Incur a storage fee of $10/week after purchase to be paid on pick-up
Fall back into Blackline Woodwork’s ownership without product refund if:
Storage fee’s accrued become equal to product cost or;
Product is failed to be collected within 1 year of purchase
Due to being a product of nature, merchandise may behave unpredictably from any of the following reasons: changes in relative humidity, changes in temperature, changes in product moisture content, customer care and the passage time. Because of this, we can unfortunately offer NO warranties at this time.
As a result of these products being made of a natural material and by hand, there may be some variances in color, depth, grain pattern, shape, etc. Therefore, they may not be ‘exact’ to the photo examples
As a result of the external forces mentioned above products may experience changes after being delivered, not limited to:
Change in color due to UV light and aging
Movement or Splitting in the wood grain
All products are inspected and guaranteed to be of quality craftsmanship free of defects when shipped.