Terms and Conditions
This Futrus Policy applies to sales of Futrus Product Lines (“Products”) made by Futrus, LLC. (“Futrus”, “We”, “Us” or “Our”) directly or through the Futrus website and replaces any other documents or discussions Futrus previously had with you, the purchaser (“You” or “Your”). All prices, terms, discounts and product offerings are subject to change without notice.
Terms and Conditions
Order Confirmation
Your order is not binding on Futrus until You have received Our order acknowledgement, which will be transmitted to You through electronic mail. You should print and review Your order confirmation and retain a copy for Your records. Futrus reserves the right, without notice to You, to limit Your order quantity and/or refuse service to any customer. Futrus reserves the right to cancel any order and to correct any errors, inaccuracies or omissions.
Pricing
The prices charged by Futrus shall be those prices in effect on the date of Our receipt of a complete order from You. These prices include the cost of shipping the Products to your designated “Ship To” address. However, Our prices do not include taxes; these are additional. You will be charged these additional amounts at the time Your order is shipped. Our prices do not include any changes made after Our receipt of a complete order from You. All Futrus pricing is based on “normal” conditions. Any conditions within the area of delivery or scope of work that exceeds “normal” conditions is subject to additional pricing at Our discretion.
Taxes
All sales, use, excise and other taxes applicable to the sale of the Products are Your sole responsibility and will be charged at the time the Products are shipped. Futrus will provide you with an estimate of these taxes at the time You submit your order; however, this estimate may be revised by Futrus when Your order is shipped and You are ultimately responsible for verifying Our calculation for the state in which You reside.
Terms of Payment
You are required to provide a check deposit or ACH to Futrus when Your order is submitted. If submitting Your deposit by credit card, You authorize Futrus to charge Your credit card for the entire purchase price, plus taxes and any applicable restocking charges or return delivery/freight charges. Futrus reserves the right to accept or reject the credit card number You provide when You enter Your order. By submitting an order and a credit card number, you represent to Futrus that You are the card holder, that the card is valid and that You are authorized to make the charges. Credit cards issued by banks located outside the United States of America will not be accepted. Credit card payments will be subject to a 3% processing fee.
Payment is due, and discounts noted, as stated on the invoice. Any balance remaining unpaid after the due date, as indicated on the invoice, will be considered late and subject to a service charge in the amount of 1.5% per month or the largest amount allowed by law, whichever is less.
Changes and Cancellation
You may cancel or change Your order without penalty or obligation until the end of 3 business days following the day of purchase order submission. After that, any cancellation or change to Your order may be subject to applicable cancellation fees as determined by Futrus. Cancellation after 3 business days may result in fees of up to 50% of the product price. Any additions or changes by You to the original order is solely at Our discretion. Formal pricing may or may not be issued for approval. An issuance of formal pricing by Us does not constitute a commitment by Us to change the original order. Until the issued price has been reviewed and approved by the party responsible then We reserve the right not to begin ordering any necessary materials, provide necessary labor, begin fabrication or otherwise provide any services towards furthering the proposed addition or change.
Shipment State/Product Arrival
Your estimated shipment time frame will be provided to You by Futrus in your order acknowledgement. Once Your Product leaves our factory, it generally will arrive at Your designated “Ship To” address within 3 to 7 business days. Futrus will notify You when Your shipment leaves our factory via electronic mail.
Delivery
Orders may only be shipped to destinations within the United States, excluding Hawaii and Alaska. All special methods of delivery, including special shipping methods, handling or set-up, shall be subject to additional charges. Conditions beyond the control of Futrus, including weather, available facilities and traffic conditions, may affect exact time of delivery. Futrus shall not be responsible for specific carrier delivery date or time.
Futrus is committed to supplying you with solutions of the highest quality. All merchandise and packaging is carefully inspected by our quality control team prior to shipment.
When your order arrives please take time to ensure all paperwork is accurate and the correct items have been delivered.
Any obvious damage to the packaging or delivered item(s) must be reported immediately to the driver on the delivery receipt. All claims including defects, shortages, and/or errors must be submitted to info@futrus.com in writing and accompanied by supporting photographs, within 2 business days of the delivery time. Failure to do so will constitute full acceptance of the merchandise and waiver all defects, shortages, and/or errors ascertainable under inspection.
Futrus reserves the right to repair or replace any damaged item. It will be at the discretion of Futrus to have a professional technician inspect the pieces to determine if the items will be repaired or replaced.
Please note, failure to return any damaged items will result in additional charges for the non-returned item.
Installation of product constitutes full acceptance of the merchandise.
Storage
Futrus does not have storage space for completed orders. If a customer is unable to accept delivery of merchandise when ready for shipment, Futrus may transfer the product(s) to storage. All costs associated with storage, including transportation, will be charged to the customer. Futrus will consider such shipments as “delivery to the customer” and all other Terms and Conditions should apply. Customers will bear all risks of damage or loss during storage of product(s). Store products in an enclosed area protected from moisture and temperature extremes. Product is best stored between 60-75 degrees and must be kept in a dry and well-ventilated area. Maintain a consistent temperature and humidity. Store products in manufacturer’s unopened packaging until ready for installation. Product should be stored on site only after building is enclosed, wet work is complete, and HVAC system is operating and maintaining temperature and relative humidity at occupancy levels during the remainder of the installation period.
Damage In Transit
You are responsible for inspecting all Products for visible damage when You receive Your order. Damage to the packaging alone does not constitute damage to the Product and will not be considered valid for claim purposes. You must report any damage to Customer Service in writing to info@futrus.com within 24 hours of Your receipt of the Products. Futrus will repair or replace the Product damaged in shipment only if You have notified Futrus of the damage within 24 hours of receiving the Product. You must retain all Product and packaging for inspection if you make a claim for damage in transit. After Customer Service has verified your claim, we will send you a box and freight label so that you can return the Product to Futrus at no charge to You. Once the Product is received by Futrus, we will either repair or replace the Product and send it back to You at no additional charge.
Warranty
Futrus warrants to You only that the Products Futrus manufactures and sells to You are free of defects in workmanship and materials. Should any failure to conform with this limited warranty appear to a Product during the applicable warranty period from the date of shipment, Futrus shall, upon prompt written notice and subject to inspection, repair or replace, at its option and cost, the affected product or parts.
Returns
We deliver high-quality manufactured products which are made to order and are therefore not eligible for returns unless it is determined that there were errors in manufacturing or the product differs materially from what was approved. If it is determined that there were errors in manufacturing or the product differs materially from what was approved, than we will we will refund your freight costs and repair or replace the product subject to the Futrus Limited Warranty.
Product and Period of Warranty
With proper care, your Futrus products built with Corian® can stay looking like new. Your Futrus products built with Corian® solid surface carry a 5-Year, Limited Warranty, unless otherwise noted, from date of substantial completion when installed by a Futrus authorized installer. Futrus products are built with Corian® which carries a 10-Year Limited Commercial Warranty for North America (material only). Futrus does not warrant failure resulting from physical damage, improper use, improper handling, customer negligence, normal wear and tear, unauthorized repairs, or exposure to unusual conditions.
The express warranties contained in this selling policy are the only warranties that Futrus makes and take the place of all the warranties of merchantability and fitness for particular purpose and all other warranties arising from course of dealing or usage or trade. The remedies provided in this Futrus Policy are Your only remedies for any failure by Futrus to comply with its promises regarding the workmanship of its Products. Futrus’ correction of any defect in the manner and for the period of time provided shall constitute complete fulfillment of all liabilities of Futrus, with respect to or arising out of the Product sold to You.
Delay/Force Majeure
Futrus shall not be liable for failure to perform or for delay in performance due to fire, flood, strike or other labor difficulty, act of God, act of any governmental authority, riot, embargo, fuel or energy shortage, wrecks or delay in transportation,inability to obtain necessary labor, materials or manufacturing facilities from usual sources or failure of suppliers to meet their contractual obligations, or due to any cause beyond Futrus’s reasonable control. If one of these events occurs, Futrus may extend delivery dates by a period of time necessary to overcome the effect of the delay, allocate available Product or cancel any order.
Limitations of Liability
Futrus, its contractors, authorized dealers, installers and subcontractors or suppliers of any tier shall not be liable to you for any special, indirect incidental or consequential damages [damages that arise from any act, but do not directly relate to the act] arising from a breach of this agreement. Your remedies set forth in this selling policy are exclusive and the liability of Futrus with respect to the breach of this policy or any contract entered into between You and Futrus shall not exceed the price of the product or part on which this liability is based. If the laws of jurisdiction do not permit limitations or exclusions or implied warranties, incidental damages and consequential damages, these limitations may not apply. In these jurisdictions, the above limitations shall be enforced to the greatest extent permitted by applicable law.
Governing Law
The law of the Commonwealth of Ohio governs this Selling Policy and all sales by Futrus. Futrus makes no representation that the information on Futrus.com is appropriate or available for use in other locations, and access to this Site from territories where the content of the Site may be illegal is prohibited.
Terms and Conditions of Sales
Sales by Futrus of Futrus Products through Futrus within the United States are made only on the terms which are contained in this Selling Policy. Futrus objects to any different or additional terms and conditions that You may propose. All sales are expressly conditional upon Your agreement to these terms and conditions. These terms and conditions may be changed only by a written document signed by both parties. The parties intend that these terms and conditions, together with the order confirmation and final invoice sent to You via electronic mail, constitute the final, complete, and exclusive agreement between Futrus and You.
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