BY PAYING DEPOSIT, ACCEPTING AND/OR USING PRODUCT, CUSTOMER IS BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT, INCLUDING THOSE INDICATED ON THE SCREWS + STILETTOS (“S+S”) ORDERS, THIRD PARTY PLATFORMS AND INVOICES.
Complete balance must be paid TWO WEEKS prior to delivery or 72 hours prior to shipment.
Customer's failure to pay the amount of the invoice or invoices, together with interest on the full and final invoice at the rate of one and one half percent (1.5%) per month, which interest shall begin to accrue the day after payment was due in full.
S+S reserves the right to change the credit terms at any time when in S+S’ opinion, Customer’s financial conditions or previous payment record so warrants.
All applicable taxes, insurances, fees, etc will be added to the invoice and are payable by Customer.
A deposit in the form of an open check, credit card, ACH/wire or cash is due at the time of reservation. A credit card or ACH/wire is required to hold any order and commence production.
Deposits are non-refundable and S+S reserves the right not to deliver Product on accounts not paid in full or delinquent.
For any Custom Production projects the deposit is NONREFUNDABLE regardless of the circumstances.
Under NO circumstances are cancellations permitted after a project has commenced.
Any credit, refund, discount, etc can be provided at the SOLE discretion of S+S and is never guaranteed or permanent.
RETURN + REFUND
NO REFUND or RETURN under any circumstances are permitted whatsoever once a project has been completed, approved by Customer and scheduled for delivery, pickup or shipment.
Customer accepts sole responsibility in providing and/or approving materials, colors, finishes, hardware, measurements, or any other custom details required for project completion.
Customer accepts sole responsibility for delays caused by Customer’s changes in project, orders and/or failure to provide feedback and/or approval within 24 hours of request by S+S.
Under NO circumstances will a Customer attempt to return or receive a refund by attempting to stop payment on a check, file a chargeback, or any other method attempted to avoid providing payment in full. Any attempts of this nature will result in immediate required payment in full, a $150 fine as well as potential legal action against the Customer for payment and/or criminal charges for fraud.
Certain Services are dependent upon the products and services of third parties. S+S shall not be liable for the acts or omissions of such third parties, or their end users, including the failure of the products or services of such third parties to operate as intended.
If S+S is not at fault for delays caused by third parties or defects that require additional work for S+S, S+S shall not be held responsible and Customer may be subject to additional fees.
Customer agrees that S+S may pursue all avenues of collection, including use of collection agencies, and authorizes S+S to legal actions to recover all charges and all other unpaid amounts due to (A) Customer's failure to honor the terms of this agreement, (B) damage or loss of Project as a result of the negligence of Customer, (C) Customer's failure to pay the amount of the invoice or invoices, together with interest on such delinquent amounts at the rate of one and one half percent (1.5%) per month, which interest shall begin to accrue the day after payment was due in full, and (D) all other costs of collection and other unpaid charges, including, but not limited to, attorney's fees.
Delivery is available within 200 miles of Orlando or S+S can assist Customer in arraigning through a private third party carrier.
Customer is responsible for any and all costs associated with shipping prior to, during, or following the shipment and/or delivery.
Customer and Carrier maintain ANY and ALL responsibility for shipment once it has been picked up for transport.
If any damage occurs in transit Customer is responsible for handling any claims through the carrier's insurance. S+S will assist Customer when able, at S+S’s sole discretion, but are not responsible in any way for the success or failure of claim.
Delivery OR third party carrier Shipment is based on a curbside drop, which is 25 feet from our delivery vehicle.
An estimated completion date can be provided at a Customer’s request but in no way is guaranteed. Completion dates depend on availability of materials, production schedules, Customer approvals as well as other ever-changing circumstances.
An average project has an approximate completion date of at least 6 - 8 weeks from the receipt of the deposit. Any completion dates prior to or after 6 - 8 weeks are at the sole discretion of S+S.
S+S will update Customer on estimated completion date(s) at Customer’s request.
For custom production/projects that require Customer approval prior to shipment or delivery, S+S will inform Customer of completion and send photos requesting Customer’s approval.
Once approval is provided Customer is required to pay the remaining balance within 48 hours, at which time S+S will assist, if agreed upon prior, in arranging for delivery, pickup or shipment.
Any completed projects that remain at S+S will begin to incur storage fees 10 days after S+S requests Customer’s approval.
Delivery trucks can be quite large. It is the responsibility of the Customer to notify the S+S of any and all obstructions, height restrictions, delivery restrictions or special requests, including but not limited to delivery timeframe, steps, doorways, soft surfaces, utilities, elevators, hallways, etc.
Trucks require a minimum of 13'6” in height, 9' in width and 35' in length. Failure to inform S+S in writing prior to delivery or shipment will result in additional charges in delivery, labor and/or portage fees.
Customer agrees to contract S+S, and S+S agrees to be contracted, to provide the services indicated on the S+S Invoice, Order or Third Party Platform provided to the Customer by S+S.
S+S is, or shall be, the sole owner of the Materials, Products and Deliverables, including the copyright therein, and shall have good and sufficient power and authority and right to transfer ownership, license, or assign the Materials and/or Products.
Customer agrees to the following “Customer’s Obligations”:
to make available such facilities, documents, materials, resources, records + assistance from officers + employees of Customer as reasonably necessary to assist in the performance of the obligations under this Agreement.
to appoint a sole representative with full authority to provide any necessary information + approvals that may be required.
to attend + participate in scheduled calls + meetings, to review work in process on a regular basis, to provide feedback on in-process + completed work, + to complete Customer’s responsibilities.
to notify S+S immediately should Customer require changes to the Services, at which time all outstanding amounts payable to S+S shall be invoiced to Customer, and the parties shall, in writing and acting reasonably, amend the Services to reflect the required changes.
Customer’s Representative shall be responsible providing timely feedback and review of Services within one (1) Business Day from receipt of the Services, whether it be progress photos, final photos or final product, delivered in the following manner(s):
APPROVAL | Customer may approve by providing signature, e-mail or text message, which shall be final and binding.
REJECTION | If Customer is not satisfied with the Services, within three (3) business days of receipt from S+S, Customer shall provide Notice of Rejection and detail the reasons for rejection in writing and provide suggestion for reasonable modifications.
DEEMED APPROVAL | All Services outlined will automatically be deemed as approved if S+S does not specifically receive Notice of Approval or Rejection within three (3) business days of receipt from S+S.
If, after Approval or Deemed Approval of the Services, the Customer Representative wishes to modify or add to the scope of Services, then Customer Representative and S+S shall execute a Change Order to outline the modified Services and any associated additional costs for such modifications and/or additional Services.
S+S and the Customer will work together toward a mutually agreeable reconciliation of the Services to meet Customer's approval, provided that Customer agrees that they are automatically bound to the Terms + Conditions of this agreement and therefore the Customer is obligated to make payment in full for any change, modification or request of any work that is in addition to the original scope or is outside of the original Services.
S+S is not responsible for delays, errors or omissions resume Customer’s breach of Customer’s Obligations and will not be liable for any claims related to materials, specifications, Product and information provided by Customer to S+S for the Services. Unplanned work stoppages due to delays within Customer’s immediate control that result in a change of the scheduled will be subject to additional fee for each additional day.
S+S shall NOT be responsible for loss or damage to the custom product/project as well as the Customer’s business or property or for injury or death to persons.
Customer shall indemnify S+S and hold it harmless for claims for any of the foregoing, including associated legal fees and expenses.
Customer shall indemnify, hold harmless and defend S+S from all claims, actions and damages, including attorney’s fees, arising out of the Items and its use, rental possession and condition including without limitation any such claims arising out of theory of strict liability in tort, which obligations shall survive termination of this agreement.
Each Party represents and warrants to the other Party that: (i) it has the full right and authority to enter into this Agreement and to perform the acts required of it hereunder and by doing so it will not violate any agreement to which it is bound; (ii) this Agreement will constitute the legal, valid and binding obligation of each Party, enforceable against it in accordance with its terms; and (iii) it shall at all times be in compliance with all applicable laws, rules and regulations and the terms of any third party agreement to which it is subject.
The formation, construction, performance and enforcement of this Agreement shall be in accordance with the laws of the State of Florida without regard to its conflict of law provisions. Any action or proceeding arising from a claimed breach of this Agreement shall only be brought in the appropriate state or federal court in the State of Florida and the Parties consent to the jurisdiction of such Florida courts (and appellate courts) and by agreeing each waive the right to object to Florida venues or jurisdiction. S+S’s failure to enforce strict performance of any provision of this Agreement will not constitute a waiver of S+S’s right to subsequently enforce such provision or any other provision.
The terms, conditions, covenants, and restrictions contained in this Agreement are considered by the Parties to be reasonable by the Parties. This Agreement contains the entire agreement between the Parties and supersedes all prior negotiations, representations, agreements, or contracts, either written or oral pertaining to the relationship and to the subject matter. EACH PARTY ACKNOWLEDGES THAT IT HAS HAD THE OPPORTUNITY TO SEEK THE ADVICE OF INDEPENDENT LEGAL COUNSEL.
If any provision of this Agreement is held invalid or unenforceable, the remainder of this Agreement shall nevertheless remain in full force and effect and the invalid or unenforceable provision shall be replaced by a valid or enforceable provision.
This Agreement may only be modified in a writing signed by all Parties. This Agreement is not assignable without the written consent of all Parties.
EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, S+S’S SERVICES ARE PROVIDED “AS IS." S+S SHALL NOT BE LIABLE TO CUSTOMER OR ANY THIRD PARTY FOR ANY UNAVAILABILITY OR INOPERABILITY OF ANY PRODUCT, SYSTEMS, TECHNICAL MALFUNCTION, CORRUPTION OR LOSS OF PRODUCT OR INFORMATION, OR OTHER INJURY, DAMAGE OR DISRUPTION OF ANY KIND.
OBJECTION TO AGREEMENT
If Customer objects to any terms or conditions of this Agreement, Customer shall notify S+S in writing of Customer’s specific objections within 24 hours of deposit OR confirmation of change/addition. S+S reserves the right to reject Customer’s objections to the Agreement and to terminate the Agreement.
Screws + Stilettos | TERMS + CONDITIONS
Updated July 23, 2018