Terms and Conditions
Invoicing
Merchandise and installation will be invoiced upon delivery and/or completion of installation milestones, (i.e. floor tile, wall tile, carpet install, countertops, etc.) based on standardized construction practices. If there is to be more than one delivery of merchandise, an invoice may be issued after each delivery. Buyer agrees to pay each invoice within thirty days of the invoice date. No payment shall be withheld on any invoice because of partial delivery of the invoice. Any security deposits in non-refundable once material has been ordered. If product is special ordered based upon this agreement, Buyer will take ownership of said product within 30 days of material being delivered to HB Surfaces. If product is not picked up, delivered or installed, HB Surfaces will assess storage fees at the rate of 5% per month of the products sale price within this agreement. If payments are in default, HB Surfaces shall have the option of declaring the remaining unpaid balance due and payable and may elect to recover merchandise at a net judgement for deficiency after public or private sale including interest, collection costs and attorney fees. Any credits on account shall be automatically applied to outstanding balances that reach 90 days past due (120 days aged).
Security Interest
Buyer hereby grants HB Surfaces a security interest in all merchandise sold under this order to secure full payment of the purchase price and all other obligations of Buyer under this agreement. A copy of this agreement may be filed as a financing statement. Buyer’s signature hereon authorizes HB Surfaces to execute such financing statements on Buyer’s behalf as may be required by the State.
Delivery Terms
Deliveries shall be made during normal work hours Monday–Friday. The jobsite shall be clear of obstruction for delivery including but not limited to scaffolding, piles of aggregate and equipment blocking access to any garage or designated delivery area. Buyer shall pay for any additional deliveries due to lack of jobsite readiness or failure to re-schedule a delivery with HB Surfaces, at a rate of $150 per delivery. Any additional delivery requested may be assessed at a rate of $150 per delivery.
Installation Date
The installation date is agreed upon for the purpose of arranging procurement of merchandise ordered from manufacturers. Although HB Surfaces will use its best efforts to expedite timely delivery, it cannot guarantee that merchandise will arrive from manufacturers as specified, and HB Surfaces is not liable for ordered merchandise not arriving timely.
Installation Terms
Installation shall be made by HB Surfaces personnel, or its subcontractor, during normal working hours unless special arrangements have been made and agreed upon in writing between Buyer and HB Surfaces and/or its subcontractor. Buyer shall pay additional labor costs resulting from off-hour or overtime work performed at Buyer’s request or from required use of labor other than HB Surfaces personnel or its authorized subcontractor. Buyer shall provide, at Buyer’s cost, electricity, permanent acclimation, and hoisting service as well as adequate facilities for off-loading, staging, moving and handling of merchandise. The job site shall be clean and free of obstruction for installation including but not limited to other trades. Buyer shall pay any additional job site preparation costs not contained in the specifications or as is required by individual product installation instructions after onsite review. HB Surfaces reserves the right and sole discretion to manage and maintain its subcontractors.
Insurance and Risk of Loss
All risk of loss shall pass from HB Surfaces to Buyer upon delivery of merchandise to Buyer or upon delivery of merchandise into storage for the account of Buyer after the installation date, whichever comes first. For the purposes of this paragraph only, the term “merchandise” shall include any property owned by or under control of HB Surfaces delivered to or for the benefit of Buyer, whether purchased by or delivered to Buyer. Buyer shall carry fire and casualty insurance in an amount high enough to insure the value of the merchandise at the delivery site or at the storage site. HB Surfaces is not responsible for the handling and storage of any materials not provided or delivered by HB Surfaces.
Taxes and Freight
Prices do not include any applicable sales, use, excise, or other taxes which, if applicable, Buyer shall pay, and which shall be added to the sales price at the time of invoicing. Buyers exempt from taxes shall furnish certificates of exemption upon execution of this agreement. Freight charges are F.O.B. job site unless otherwise indicated. All freight charges from time of quote are estimated and HB Surfaces reserves the right to adjust freight at time of invoice.
Cancellation and Changes
This agreement, once executed by HB Surfaces and Buyer, cannot be cancelled or modified except in writing and signed by both parties. Changes made to the agreement which result in increased charges can be assessed in full to the Buyer. No wall or floor covering, or other special ordered items can be cancelled or returned after the manufacturer begins production without written approval from HB Surfaces. In the event HB Surfaces agrees to a return of merchandise, a cancellation or restock fee will be assessed greater than or equal to 40% of the purchase price, plus any applicable freight charges. Prices and quantities of wall and floor coverings, and other items measured from blueprints or otherwise estimated are subject to change upon field measurement at the expense of the Buyer. Any change or modification on site from supplied plans that incurs cost to HB Surfaces shall be the financial responsibility of the buyer.
Warranties and Claims
a) All product warranties are based on standard terms and conditions specified by the individual manufacturer. Individual manufacturer warranties are available upon request.
b) It is specifically agreed that the manufacturer’s warranty is the exclusive and only warranty supplied with the product purchased under this agreement. HB Surfaces does not make any express warranty concerning merchandise sold under this agreement and disclaims any warranty of merchantability or warranty of fitness with respect to the subject merchandise. HB Surfaces will not be responsible or liable for any direct, indirect, consequential or incidental damages arising out of the use of, or inability to use, the merchandise sold under this agreement. Buyer shall inspect the merchandise upon delivery and/or installation. Acceptance of delivery and/or installation constitutes acceptance of the merchandise as provided. Any warranty claims for latent defects not discoverable upon reasonable inspection must be made in writing within the warranty period.
c) Installation by HB Surfaces: If, within twelve (12) months from the completion of the installation work described in this proposal, defective workmanship is discovered, and HB Surfaces is notified thereof in writing within that period, HB Surfaces shall, in its sole discretion, repair such workmanship or make a full refund of all charges made therefore. Except as expressly set forth above, there are no other warranties either expressed or implied, including any warranty of merchantability or fitness for a particular purpose.
d) Dye lot, batch, and natural variation: Materials such as tile, grout, carpet, lvp/lvt, wood slab, and natural stone are subject to dye lot, batch, and natural variation. These materials by manufacturing and nature are not uniform in regards to the color, pattern, tonal quality, texture or veining and may have significant variations from batch to batch and lot to lot. HB Surfaces makes no representation or warranty that materials used will be the same color, pattern, tonal quality, texture, or veining throughout an ordered quantity or that the coloring, patterns, tonal quality, texture or veining will not vary. HB Surfaces also is not responsible for any lot or batch variance from displayed samples to materials received under the same style/color name. If additional materials are required to complete an order or installation and the original lot or batch are not available HB Surfaces is not liable for any such availability or variation.
Default, Interest and Fees
Buyer shall pay interest at the rate of 18% per annum on all invoices in default, and shall pay all reasonable costs, expenses, attorney fees, filing fees, collection, court and/or arbitration fees incurred by HB Surfaces in enforcing the terms of this agreement. Applicable processing fees will be added to any credit card payment at time of payment.
Entire Agreement; Controlling Law
This agreement constitutes the entire agreement between the parties. Buyer is relying solely upon the terms of this agreement, and not upon any oral or written statements, whether of HB Surfaces, its officers, employees or agents, or any manufacturer, or any other person whatsoever on entering into this agreement. This agreement shall be interpreted and enforced under the laws of the State of Utah.