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TERMS AND CONDITIONS
All shutter orders require a 50% deposit at placement of order with the balance due prior to shipping (three business days prior to shipping if payment is made by a personal check). If a credit card was used for the original deposit and no additional instructions were given, the balance will be automatically processed on the day of shipping on the same credit card used for the deposit. Hardware only orders must be prepaid in full at the time the order is placed. Acceptable forms of payment include: MasterCard, Visa, Discover, checks and money orders. Due to the custom nature of the product, once a shutter order or custom hardware order has been received, it cannot be cancelled for any reason--the customer is responsible for the full cost of the order as detailed on the original authorized quotation. Timberlane, Inc. (“Timberlane”) will not accept dimension or style changes to an order after the order has entered production, which is generally one business day after the order is placed. Timberlane will not be responsible for the timing of when Timberlane releases orders into production. Accepted change orders will be billed accordingly based on the scope of the change.
Applicable tax, shipping and handling are extra. Charges will be shown separately on the invoice. Pennsylvania sales tax of 6% is included on all orders shipped or received within Pennsylvania. A $15.00 per carton packaging fee and Pennsylvania Sales Tax will be applied to all orders picked up at our facility. If a customer is tax exempt, a PA Tax Exemption certificate must be provided. We do not collect sales tax for orders shipped outside Pennsylvania.
The shipping date quoted is an estimate. Timberlane shall not be liable for any delay or failure to perform its obligations hereunder, including but not limited to, any strikes, lockouts, secondary boycotts, labor organization stoppages and harassments, damages caused by fire, lightning, earthquake, other natural disasters, or other casualty, and any other conditions beyond the control of Timberlane. On rare occasions there may be delays caused by out-of-stock materials or temporary factory overload. Timberlane will not be held responsible for any consequential charges incurred in the event of a late shipment.
Orders are shipped via UPS or common carrier. Please verify that the shipping address shown on the attached quotation is correct. Changes to the “ship to” address after the order has left our facility will result in a re-consignment charge to the customer. Unloading is the responsibility of the customer. Customer request for a lift gate will result in additional charges to the customer, including possibly a re-consignment fee should a second truck delivery be required. It is the customer’s responsibility to open and inspect the entire shipment immediately upon delivery, regardless of when the product is to be installed. Upon delivery, the customer must inspect the order to determine if there is any damage. If damage is found immediately during the unloading, customer should refuse the shipment. Should the customer notice any damage during its inspection, the customer must describe the damage on the driver’s ‘delivery receipt’. If, due to the size of the order, the customer is not able to inspect all of the goods received, or the truck is unable to wait for the inspection, the customer must indicate on the driver’s ‘delivery receipt’, that there is “Possible damage to shutters-- customer needs to call trucker the next day” and should also state “potential damage” in the event the carton is damaged or scuffed. Timberlane will not be responsible for any concealed damage that is discovered beyond seven (7) days from original ’delivery receipt’ under any circumstances. Customer shall retain all original packaging until customer has accepted the inspected order without any defects.
Hardware: All hardware returns must be pre-approved and have a Return Authorization Number (RA#) issued by Timberlane’s Customer Service Department. To arrange for a hardware return approval and an RA# please call us at (800) 250-2221. The RA# must be clearly marked on the outside of any carton with return hardware. Returns received without an RA# clearly marked on the outside of the carton will be subject to a $25.00 research fee. Custom hardware and discontinued hardware are not returnable for any reason.
Hardware must be returned in its original condition. Credit will not be given for incomplete returns or for hardware that is damaged. Unsealed hardware packages received for return will be subject to a 10% repackaging fee. Additionally, hardware returns that are received after 90 days from original purchase date will be subject to a 10% restocking fee. All fees associated with a hardware return are independent of each other. Hardware returns will not be accepted after one year from purchase.
Shutters: Shutters are not returnable for any reason due to their custom nature.
Timberlane will manufacture shutters per the specifications on the approved quote only, regardless of any attachments, drawings, purchase orders or blueprints that are provided unless specifically referenced and attached on the original authorized quotation. All width dimensions designated on the quote represent the pair width – (for example, 1 pair width @ 40” = 2 single shutters @ 20” each.) The thickness of all Board and Batten shutters is (+/-) 15/16” and for all other shutters is (+/-) 1 5/16”. Dimensional tolerances are (+/-) 1/8” for length and width, and (+/-) 1/16” for thickness. It is the customer’s responsibility to verify that the information contained in the quote is accurate!
- Endurian™ Shutters: Timberlane shutters are manufactured from proprietary synthetic materials. The Endurian™ Line is backed by a limited lifetime warranty on all structural components against defects in material and workmanship and a 10-year warranty on the finish. This warranty is non-transferable. Any post-delivery modifications to any product will void this warranty. Examples of such modifications include, but are not limited to, the following: field trimming of shutters, applying post delivery finishes of any kind, and installations that are atypical from a normal hinge or surface mount application.
- Wooden Shutters: Timberlane shutters are constructed from clear, vertical grain Western Red Cedar, Honduras Mahogany, or Spanish Cedar and the species will be clearly indicated on the quotation. All shutters are warranted for a period of three (3) years from date of receipt against defects in material and workmanship (except for the factory paint finishes by Timberlane (see separate Paint Warranty in 9(c) below). Timberlane, for non-Timberlane painted shutters, will not be held responsible for paint or finish failure under any circumstances. The following are not considered defects in material and workmanship: small hairline surface or edge “checks” which are common in exterior millwork and generally cannot be avoided; slight witness lines around the raised panels due to expansion and contraction; witness lines around the “pegged” mortise and tenon joint; leaching “tannin” or “resin” from the shutter which may result in finish failure. This warranty is non-transferable. Any post-delivery modifications to any product leading will void this warranty. Examples of such modifications include, but are not limited to, the following: field trimming of shutters, applying post delivery finishes of any kind, and installations that are atypical from a normal hinge or surface mount application.
- Painted Wooden Shutters: For orders that designate the factory paint finish option, Timberlane factory paint finished shutters will be warranted not to peel or flake for a period of one (1) year from date of receipt by the customer. Timberlane will not be responsible for fading due to weathering of painted surfaces. Such fading is normal and expected for painted wood in exterior applications.
- Hardware: All hardware is warranted against defects in material and workmanship for a period of one year from the date of receipt. All hardware offered by Timberlane is considered “reproduction hardware”. This may result in slight variations in dimensional accuracy and tolerances. While Timberlane makes every best effort to supply finishes that offer suitable corrosion resistance, Timberlane will not be responsible for “rust streaking” or “spotting” as these conditions are typical in exterior architectural hardware products. This warranty is non-transferable. Any post-delivery modifications to any product will void this warranty. Examples of such modifications include, but are not limited to, the following: field cutting or bending of hardware, applying post delivery finishes of any kind, and installations that are atypical from the parts intended purpose.
In the event of any warranty claim, Timberlane will not be responsible for any subcontractor or labor charges for the removal and reinstallation of affected shutter hardware under any circumstances. Timberlane’s financial liability will never exceed the original product cost
Disclaimer: OTHER THAN THE EXPRESS WARRANTIES HEREIN, TIMBERLANE MAKES NO OTHER WARRANTY AND HEREBY EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. TIMBERLANE MAKES NO IMPLIED WARRANTY OF MERCHANTABILITY AND MAKES NO IMPLIED WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE.
In order to insure the equitable, efficient and cost-effective resolution of any disputes, claims or controversies that may arise or stem from this purchase transaction, the parties to this transaction, hereby agree that, at the sole election of Timberlane, any and all such disputes, claims or controversies shall be resolved exclusively by binding arbitration under the following rules:
- Each party shall select an individual to represent their respective interests in the selection of a sole, neutral arbitrator. Those two representatives shall, within twenty (20) days after their appointment, agree on a third person who will be the sole, neutral arbitrator.
- Arbitration must commence within sixty (60) days after the selection of the arbitrator and a decision rendered within five (5) days after the hearing.
- The Arbitration shall take place in Montgomery County, Pennsylvania, and any questions regarding discovery or the admissibility of evidence at the arbitration shall be resolved by the arbitrator.
- The costs and expenses associated with the arbitration, including fees of the arbitrator, shall be shared equally between the parties.
The award rendered by the arbitrator shall be final and judgment may be entered upon it in accordance with applicable law in any court having jurisdiction thereof.
These terms and conditions shall supersede any provisions, terms, and conditions contained on any confirmation order or other writing the parties may give or receive, and the rights of the parties shall be governed exclusively by the provisions, terms and conditions hereof. Timberlane makes no representations or warranties concerning this order except such as are expressly contained herein, and this order may not be changed or modified orally.
If this quotation is accepted and the customer’s order form, including any ancillary documents relating to the customer’s order form, are used, it is expressly understood and agreed that the terms and conditions herein set forth shall prevail insofar as the same may in any way conflict with the terms and conditions set forth in such order form, and the issuance of such order by the customer shall be deemed to note customer’s assent to the foregoing.
Over time, pooling water may damage your shutters. We feel so strongly about preventing this that we provide aluminum capping to your order* at no additional cost. (An upgrade to copper capping is available for a nominal fee.) If you purchase your shutters “un-painted”, the capping will be supplied with your order and cut to size for each unique shutter width purchased. It will be supplied in a standard “aluminum mill finish” which means you will be required to prime and paint the capping. Most of our customers paint both the inside and the outside of the capping to match your shutters. We recommend that you use paint intended for the finishing of raw aluminum, and any major paint manufacturer can recommend a suitable finish. If you select our factory painting service for wood shutters, or if you purchased Endurian™ shutters, your capping will be factory painted to the same color as your shutters in the case of standard aluminum capping. Optional copper capping, if ordered, will be supplied in its natural color and should be expected to fade to a dull patina over time.
*Capping for any radius/arch top shutters is not supplied with your order because rainwater does not pool along the top of such shutters due to the curvature of the finished product.
Finally, we understand that your investment is important to you. We do everything we can to educate you about our products prior to you placing your order so that you can order with confidence. We remain committed to extending unlimited technical phone support to you during the installation process. By following the guidelines set forth by Timberlane, we are confident that your home will enjoy a lifetime of beauty! For additional information, please call us at 800-250-2221.
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