(a) Payment Terms; Orders:
An order is not binding upon DOORBRIM Awnings until it is accepted; DOORBRIM Awnings must receive payment before it will accept an order. Payment for product(s) ordered is due prior to shipment. Customer can make payment by credit card, wire transfer, or some other method prearranged with DOORBRIM Awnings. You agree to pay the amount(s) due as specified on the invoice.
(b) Sales & Use Tax:
7% Sales Tax is added to shipments to Florida.
(c) Shipping Charges:
An ESTIMATED fixed fee per TIME ZONE will be used to calculate UPS Ground shipping to Continental USA. We reserve the right to notify Buyers if an upward adjustment is necessary (ACTUAL COST IS >10% ESTIMATED COST) depending on their delivery address. Buyers should also call for reduced shipping rates for multiple items. International buyers should email us to determine shipping costs prior to placing their order.
Your total cost for purchase of any product will include shipping and handling charges shown on the DOORBRIM Awnings invoice.
(d) Title; Risk of Loss:
DOORBRIM Awnings will arrange for shipment of ordered product(s) to the Customer, Free On Board (F.O.B.) shipping point, meaning title to the product(s) and risk of loss passes to the Customer upon delivery to the carrier. DOORBRIM Awnings will advise Customer of estimated shipping dates, but DOORBRIM Awnings will, under no circumstances, be responsible for delays in delivery, and associated damages, due to events beyond its reasonable control, including without limitation, acts of God or public enemy, acts of federal, state or local government, fire, floods, civil disobedience, strikes, lockouts, and freight embargoes.
Buyer may return unused DOORBRIM products with the original packing material and box within 14 calendar days after receipt. Buyer is responsible for the cost of original & return shipping costs. Buyer must request a “Return Authorization Number” and shipping instructions by emailing us at email@example.com. Please indicate 1) a request to return merchandise and 2) the reason for return. A 15% restocking fee for additional handling and repackaging will be charged. Custom size door canopies (using splice brackets) are not returnable. Please verify all colors and dimensions. If you are unsure if our product will work for you, please send us a photo of your door(s) or window(s) and we will analyze it accordingly.
(f) Governing Law and Jurisdiction:
Any dispute arising out of or related to these Terms and Conditions or the sales transaction between DOORBRIM Awnings and Customer shall be governed by the laws of the State of Florida, without regard to its conflicts of law rules. Specifically, the validity, interpretation, and performance of this agreement shall not be governed by the United Nations Convention on the International Sale of Goods. DOORBRIM Awnings and Customer consent to the exclusive jurisdiction and the venue of the State Courts of the State of Florida, Broward County, to resolve any dispute between them related hereto, and the parities waive all rights to contest this exclusive jurisdiction and venue of such Courts. Finally, the Customer also agree not to bring any legal action, based upon any legal theory including contract, tort, equity or otherwise, against DOORBRIM Awnings that is more than one year after the date of the applicable invoice.
If any provision contained in this agreement is or becomes invalid, illegal, or unenforceable in whole or in part, such invalidity, illegality, or unenforceability shall not affect the remaining provisions and portions of this agreement, and the invalid, illegal, or unenforceable provision shall be deemed modified so as to have the most similar result that is valid and enforceable under applicable Florida law.
The failure of either party to require performance by the other party of any provision of this agreement shall not affect in any way the first party’s right to require such performance at any time thereafter. Any waiver by either party of a breach of any provision in this agreement shall not be taken or held by the other party to be a continuing waiver of that provision unless such continuing waiver is made in writing.
(i) Entire Agreement:
These terms and conditions, together with the DOORBRIM Awnings invoice respecting the products ordered by Customer, are the complete and exclusive agreement DOORBRIM Awnings between DOORBRIM Awnings and Customer, and they supersede all prior or contemporaneous proposals, oral or written, understandings, representations, conditions, warranties, and all other communications between DOORBRIM Awnings and Customer relating to the subject products. This agreement may not be explained or supplemented by any prior course of dealings or trade by custom or usage.