FIXED GLASS WALLS
MODULAR GLASS WALLS
MOVABLE GLASS WALLS
PIVOT DOOR 1800
Terms and Conditions of Sale
Important Information about These Terms and Conditions
These Terms and Conditions of Sale constitute a binding contract between you (“Customer”) and Starlight (“Seller”) and are referred to herein as either "Terms and Conditions" or this "Agreement".
By engaging Seller to provide products or perform services or by accepting delivery of the products, Customer agrees to be bound by and accepts these Terms and Conditions, unless Customer and Seller have signed a separate agreement, in which case the separate agreement will govern. Any general description of the types of products or services and results thereof posted on Seller website do not constitute part of the Agreement between Seller and Customer.
Seller, upon acceptance of an Order placed by Customer, will supply the products and services specified in the Order (the “Work”) to Customer, pursuant to the terms and conditions of this Agreement and its exhibits and Seller’s acceptance of such order submitted by Customer is expressly limited to the terms and conditions of this Agreement notwithstanding any contrary provision contained in Customer’s purchase orders, invoices, acknowledgements or other documents. The details of the Work (e.g. quantity, price, and product specifications) shall be set forth in the relevant Order.
Price and Terms
The prices payable by Customer for products and services to be provided by Seller under this agreement will be specified in the applicable Order. Unless otherwise expressly stated in an Order: (a) Prices include one (1) site measurement, fabrication, delivery, and installation services. (b) Prices exclude evening and weekend working hours. Normal working hours are 7:00 am to 3:00 pm Monday through Friday. (c) Prices exclude taxes. (d) Prices are subject to change if there are any revisions to the design, size, or configuration parameters following the final site measurement. (1) Seller will not be responsible for any discrepancies in Customer provided measurements. (2) Customer must make available a level and plumb work area. Seller will charge $250.00 per trip for additional trips required due to site not being ready or unacceptable. Seller will not be responsible for any action by Customer to modify or correct the work area that affects Seller schedule to measure, install, and complete the Work. Unless otherwise expressly stated in an Order prices exclude: (a) Any materials and/or labor not specifically called out in an Order. (b) Final cleaning of installed materials. (c) Craning or hoisting of oversized material if required due to elevator capacity. (d) Protection of materials that have been installed and cost to repair or replace any materials that have been damaged by others. (e) Interior finishing of any surrounding conditions including patching, caulking or painting. (f) Permits and fees. (g) Demolition. (g) Core drilling.
Upon acceptance of the price quote, Customer agrees to pay a 50% deposit for materials and labor. Unless otherwise stated, Customer will pay the remaining balance upon completion of work and receipt of invoice. If Customer does not pay an invoiced amount within terms, Customer will in addition pay finance charges of one and one-half percent (1.5%) per month on the late balance and Seller reserves the right to (1) withhold shipment of the Work until full payment is made; and/or (2) revoke any credit extended to Customer. In the event that Customer’s account is more than ninety (90) days in arrears, Customer shall reimburse Seller for the actual reasonable costs, including but not limited to collection charges and legal fees.
Seller reserves the right to contact Owner regarding status of payments in the event Customer asserts nonpayment due to nonpayment from the Owner.
Seller reserves the right to adjust pricing, products, and service offerings for reasons including, but not limited to, changing market conditions, product discontinuation, product unavailability, manufacturer price changes, supplier price changes, and errors in advertisements. All orders are subject to product availability and the availability of personnel to perform the services. If services are being performed on a time and materials basis, any estimates provided by Seller are for planning purposes only.
Shipment, Delivery and Returns
All shipments will be made, and title and risk of loss will pass, F.O.B. Seller’s shipping point. Seller will not be responsible for and no liability shall result to Seller or any of its agents for any delays in delivery or in performance which result from any circumstances beyond Seller’s reasonable control, including, but not limited to, product unavailability, supplier delays, carrier delays, delays due to fire, severe weather conditions, failure of power, labor problems, acts of war, terrorism, embargo, acts of God or acts or laws of any government or agency. Any shipping dates or completion dates provided by Seller or any purported deadlines contained in a proposal, quotation, or any other document are estimates only.
Customer agrees to examine and inspect the products at once upon arrival at their destination, and if the products fail to comply with the terms of the Agreement or the limited warranty described below, Customer will promptly give detailed written notice of such failure to Seller. Products may not be returned by Customer without the prior written consent of Seller, which may include additional terms if granted.
Seller warranty is one (1) year from the date of sale or substantial completion of the project. Seller does not warrant and will have no obligation with respect to any product which (a) has been repaired or altered or installed by someone other than Seller or an authorized vendor of Seller; (b) has been subject to misuse, abuse, neglect, intentional misconduct, accident, Customer or third party negligence, unauthorized modification or alteration, use beyond rated capacity, commercial or business use, a Force Majeure, or improper, or a lack of, maintenance; (c) has failed due to ordinary wear and tear beyond the warranty period; or (d) has been exposed to adverse operating or environmental conditions.
Seller disclaims all responsibility for, and shall not be liable for, any loss, damage, or injury to persons or property arising out of, connected with, or resulting from the use of products, either alone or in combination with other products/components. All warranties described in these Terms and Conditions expire if notice of a Defect is not received by Seller on or before the third day after the expiration of the applicable warranty period.
Remedies and Liability
Seller will remedy a Defect in a product (a) upon rejection of the product by Customer for such Defect, and (b) within the applicable warranty period, by in either case, at Seller’s option, adjusting, repairing or replacing the product and/or any affected portion of the product or providing a refund of the purchase price paid for the product. Customer will assume all responsibility and expense for removal, reinstallation, and freight charges (for both return and delivery of new parts) in connection with the foregoing remedy. Seller shall have the right to use or dispose of items replaced by, or returned to, Seller. Under no circumstance, Seller’s liability will not exceed the amount of the purchase price of the product.
Applicable Law and Jurisdiction
This Terms and Conditions will be governed by the laws of the State of Maryland and be subject to the jurisdiction of the courts of State of Maryland.