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Terms of Sale

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY. BY PROCEEDING THROUGH CHECKOUT MEANS THAT YOU AGREE TO THESE TERMS OF SALE.

THESE TERMS AND CONDITIONS ("AGREEMENT") CONSTITUTE A BINDING AGREEMENT BETWEEN YOU AND GARDECOR®, Inc. ("GARDECOR®"). THIS AGREEMENT SHALL GOVERN YOUR PURCHASES OF PRODUCTS AND/OR SERVICES FROM GARDECOR® EITHER THROUGH GARDECOR®'S WEBSITE OR BY YOUR SUBMISSION OF AN ORDER VIA PHONE, FACSIMILE, EDI, MAIL OR OTHER MEANS. THESE TERMS AND CONDITIONS PREVAIL OVER ANY AND ALL TERMS IN QUOTES OR OTHER CONTRACTS.

1. Payment terms are due on the date of Lindecor™'s invoice, and for foreign shipments, Lindecor™ may require full or partial payment in advance. Upon your failure to submit full or partial payment, Lindecor™ may cancel or delay any or all orders hereunder and/or adjust prices to match those in effect at the time delayed shipment is made. Amounts past due are subject to a service charge equal to the lesser of 1.5% per month or the maximum rate permitted by law.

2. Any consumption, excise, sales, value added or other tax or import duty which may be applicable to the transactions conducted under this Agreement shall be invoiced to you as a separate item. In addition, the shipping costs pre-billed on your order or quote are only estimates. If the actual freight cost increases beyond what was used to determine the total cost of an order, whether or not shipping was part of a package deal in a quote or what the website calculates, the customer will pay the difference in freight costs. The actual shipping costs shall be passed on to you as either a credit or an additional charge.

3. Products shall be shipped via method as determined by Lindecor™. Title to, and risk of loss or damage to, the products shall pass to you upon Lindecor™'s delivery of the products to your location. Lindecor™ reserves the right to use its own discretion in the manner and routing of shipments.

If you opt to pick up your order, then you are responsible for damage or any other mishaps as soon as your order is in your possession. If you opt to pick up your order and you don't pick it up within a reasonable time after your order is ready, then your order will be shipped to you and you are responsible for shipping costs.

If a freight item arrives damaged or is missing, then you must forward both documentation signed by the trucker noting such damage or missing items and, where applicable, detailed photos of the damage to Lindecor™ for insurance purposes. Without signed documentation and photos, there is no guarantee that the product will be replaced at no cost to you.

4. You may only return products in accordance with Lindecor™'s standard Return Policy in effect on the date of the return. If you fail to follow Lindecor™'s Return Policy, Lindecor™ is not responsible whatsoever for any returned product that is lost, damaged, modified or otherwise processed for disposal or resale. You must contact Lindecor™ before attempting to return a product. You must return the product in its original or equivalent packaging. You are responsible for all risk of loss and shipping and handling fees for returned products. Lindecor™ may, in its sole discretion, charge additional restocking fees and/or issue credit for partial returns less than invoice or individual component prices due to bundled or promotional pricing. The minimum restocking fees are those imposed by Lindecor™ís vendor. Lindecor™ reserves the right to charge a higher restocking fee than the vendor. Custom items and items made per your order are not refundable and cannot be returned. Once an order is placed, Lindecor™ís return policies are in effect.

5. All lead times and delivery dates indicated on Lindecor™'s documents are approximate and are based upon the prompt receipt of all necessary information and payment from you regarding products ordered. Lindecor™ will use commercially reasonable efforts to meet the indicated delivery dates but shall not be liable for any breach of contract or held responsible for any costs or expenses incurred by you as a result of Lindecor™'s failure to do so. In the event of any delivery delay caused by you, Lindecor™ will store and handle for a reasonable time all products ordered at your risk and will invoice you for the purchase price plus storage, insurance and handling charges incurred on or after the date on which the products are ready for delivery. If the item cannot be delivered within a week or after three delivery attempts, then Lindecor™ will re-route the product back to Lindecor™ or its vendor. You will be responsible for all shipping and storage costs.

6. Product Suitability, Liability, Indemnity

Suitability. Determination of the suitability of seller's product for the uses and applications contemplated by the Buyer are the sole responsibility of the buyer. Buyer assumes all risk and liability for the use or application of Seller's products, whether used singly or in combination with other products.

Liability. Buyer's exclusive remedy shall be made and no claim of any kind, whether based on contract, breach or warranty, negligence or otherwise, shall be greater in amount than the purchase price of the product in respect of which damages are claimed. Seller shall not be liable for any special, punitive, incidental or consequential damages.

Local Government Codes. Consumer is responsible for obtaining proper building and other permits as required by law for products that require permits. Professional installation of some products is required, such as products wired directly into an existing circuit or heavy or large products requiring heavy equipment.

Indemnity Agreement. Buyer shall defend indemnity and hold Seller harmless from and against all claims, liabilities, costs, and expenses including, but not limited to those related to injury to or death of Buyer's associates arising from or connected with the possession, handling, processing or use of the product by Buyer or others.

7. Until such time as Lindecor™ is fully paid for products shipped, Lindecor™ reserves, and you hereby grant to Lindecor™, a purchase money security interest in the products listed in the order confirmation in the amount of their purchase price plus all attorneys' fees and costs of collection. A copy of the order confirmation may be filed on Lindecor™'s behalf with appropriate state authorities at any time as a financing statement in order to perfect Lindecor™'s security interest. You will provide Lindecor™ with reasonable assistance in perfecting its security interest. Lindecor™ shall have all rights and remedies of a secured party under the applicable provisions of the Uniform Commercial Code.

8. You shall reimburse Lindecor™ for all attorneys' fees, court costs and other expenses incurred by Lindecor™ to enforce this Agreement.

9. Lindecor™ warrants products sold by Lindecor™ insofar as warranted by the manufacturer, if any. EXCEPT AS EXPRESSLY PROVIDED HEREIN, GARDECOR® MAKES NO OTHER WARRANTY, EXPRESS OR IMPLIED. ALL WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE HEREBY EXPRESSLY DISCLAIMED. GARDECOR® DOES NOT ACCEPT ANY LIABILITY BEYOND THE REMEDIES SET FORTH HEREIN. IN NO EVENT SHALL GARDECOR®'S LIABILITY FOR ANY CLAIM WHATSOEVER EXCEED THE COST OF THE PRODUCTS AND/OR SERVICES GIVING RISE TO THE CLAIM, WHETHER BASED IN CONTRACT, WARRANTY, INDEMNITY OR TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE AND STRICT LIABILITY) OR OTHERWISE. IN NO EVENT SHALL GARDECOR® BE LIABLE FOR ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL OR OTHER INDIRECT DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF REVENUES, PROFITS OR OPPORTUNITIES), HOWEVER CAUSED, ON ANY THEORY OF LIABILITY, WHETHER OR NOT GARDECOR® HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

10. Except for your payment of the purchase price or additional fees for shipping and as described in Paragraph 2., above, neither party shall be liable for any delay or failure to perform to the extent caused by fire, flood, explosion, war, riot, embargo, labor disputes, compliance with any laws, regulations, orders, acts or requirements from the government, civil or military authorities, terrorist attacks, acts of God or the public enemy, or any act or event of any nature reasonably beyond such party's control.

11. Should any provision of this Agreement be declared by any court of competent jurisdiction to be invalid or unenforceable, the remaining provisions shall not be affected thereby, it being the intent of the parties that they would have executed the remaining portion without including any such part or portion which for any reason was declared invalid.

12. This Agreement shall be governed by and construed in accordance with the laws of the State of Colorado, excluding its conflict of laws provisions and excluding the United Nations Convention on the International Sale of Goods. The parties hereby submit to the exclusive jurisdiction and venue of the state courts situate in Boulder County, Colorado.

13. You and Lindecor™ agree that this Agreement constitutes the complete and exclusive agreement regarding the subject matter of your order and supersedes any prior communications, representations or agreements of the parties and cannot be altered, amended, or modified except in writing executed by an authorized representative of each party.

14. More information and policies to which buyer agrees can be found at our Policies Page as well as on the individual product page.