Terms & Conditions

Texas Handcrafted Shutters

Terms and Conditions

Orders/Sale/Purchase Agreement:

a. Placing Purchase Orders & Acceptance of Terms and Conditions. To purchase

Products or Services, Buyer must provide Seller with a valid purchase order,

including the purchase order number and all additional information required by

Seller. Seller with provide written acceptance or rejection of such purchase order

within five (30) business days of receipt of the purchase order from the Buyer.

Buyer’s issuance of a purchase order to Seller for Products or Services will constitute

Buyer’s acknowledgement that these General Terms and Conditions of Sale will be

binding on Seller unless agreed to in writing and signed by an authorized

representative of Seller. Seller specifically rejects al pre-printed, non-negotiated

terms in Buyer’s purchase orders, standard terms and conditions of purchase or

other similar documents. Seller’s failure to object to any terms or condition in any

communication from Buyer will not be construed as an agreement to such terms or

conditions, nor will it be deemed a waiver of these General Terms and Conditions of

Sale.

b. Order Changes, Substitutions and Cancellations. Orders accepted by Seller are

not subject to change or cancellation, except as expressly allowed in writing by

Seller, and as set out below. Allowed changes to orders may require adjustments in

price, scheduling and other affected terms and conditions. Restocking, storage and

other fees, including reimbursement for direct costs, may apply to changed or

cancelled orders. Seller reserves the right to substitute using the latest superseding

revision or series or equivalent Product having comparable form, fit and function.

c. All orders must be signed and must be accompanied with a 60% deposit of the total

amount to start processing.

d. All orders that are 1000.00 USD and under must be paid in full at the time the order

is accepted.

e. All orders that consist of blinds and/or shades must be paid in full at time of ordering

excluding plantation shutters. The estimated or promised delivery lead time will not

commence until the deposit has been received. The balance owed must be paid at

the end of installation. All agreements must be in writing and signed by the parties.

f. Polly wood panels might sag, Panels over 29 inches must be 2 panels. Any panel

approved by custom design team is not warrantied.

Acceptance:

a. Acceptance of Products. All Products delivered pursuant to these General Terms

and Conditions will be deemed accepted ten (10) days after receipt.

Buyer’s Cancellation:

a. Due to the custom nature of our products, changes or cancellations will not be

accepted without considerable additional expense to the buyer if production has

begun. If the buyer refuses delivery of ordered goods, the buyer agrees to

immediately assume and pay for all the seller’s expenses which result from the said

refusal. In the event of cancellation, seller has the right to sell the goods at public or

private auction and recover any balance owed by Buyer crediting any payments and

adding expenses.

Payment:

a. No discounts allowed by the seller on any invoice, unless a credit is issued by the

seller. Quoted prices include all taxes and installation charges.

b. All shutters installed, even pending warranty issues must be paid per installation.

Delivery:

a. Delivery dates are only approximations or estimates to the best of the seller’s ability.

Actual delivery dates are dependent upon various production and market factors,

and circumstances beyond the control of the seller including but not limited to: fire,

theft, accident, war, civil disturbances, order, act, authority judicial action, industrial

disturbance, shortage of labor, fuel, power, facilities or raw material, act of or

omission by the buyer, failure or delay in transportation, act of God, breakage in

machinery, or any other cause beyond the control of the seller, such as federal,

state, or government actions. The seller will take an extension in the delivery time to

fill orders due to any of these circumstances. The buyer agrees to notify the seller in

writing of any defects of the goods within seven (7) days of the installation. If the

buyer fails to notify the seller of any such problems, the buyer waives all claims and

2

accepts the order as complete and correct. There will be a charge added to invoice if

installer removes blinds.

b. Homeowner or representative of the home must be present during shutter/shade

and/or blind installation.

c. Homeowner will remit payment at the time of Installation. Minor issues will be

resolved as warranty in a timely manner.

d. Homeowner is responsible for basic maintenance of the shutter like adjusting tension

screws.

e. If installation needs to be pushed per the clients request there will be a 100 dollar

service fee per month.

Custom Stain/Paint:

a. Custom stain colors and paint may not be matched perfectly. The stain and/or paint

color hereafter referred to as “color”. Color is meant to compliment other pieces of

stained/painted items in the home (hardwood floor, bookshelves, etc…) Katy

Plantation Handcrafted Shutters will do their best to match color, but due to different

species of woods and quality/age of sample, color may not be matched exactly.

Color will be agreed upon and signed by both parties involved. The buyer will be

charged a $125 custom match fee.

a. The seller makes no representations or warranties, express, implied, or

statutory, including but not limited to, any implied warranties or

merchantability or fitness for any particular use or purpose to the buyer with

regard to the goods sold or the service provided under this agreement. No

employee or agent of the seller is authorized to change in any way, any provision of

this paragraph or to make any guarantee or warranty which is contrary to this. The

seller’s liability to the buyer for any legal claim, whether in contract, tort, or otherwise,

arising from, connected with, or resulting from the manufacture, assembly, sale,

delivery, resale, repair, replacement, or use of the goods sold by the seller shall in no

event exceed the purchase price of the goods. Under no circumstances shall the

seller be liable for incidental, consequential, special, punitive, contingent, profit

losses or damages due to breach of warranty, breach of contract, or otherwise.

b. THE FOREGOING WARRANTIES ARE SELLER’S EXCLUSIVE WARRANTIES.

OTHERWISE, SELLER MAKES NO REPRESENTATIONS OR WARRANTY OF

ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING BUT

NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY,

FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT WITH

RESPECT TO THE PRODUCTS, SERVICES AND DELIVERABLES PROVIDED

OR THE RESULTS OBTAINED THEREFROM, AND BUYER AGREES THAT ALL

SUCH OTHER REPRESENTATIONS AND WARRANTIES THAT ARE NOT

PROVIDED IN THIS ARTICLE ___ ARE HEREBY EXCLUDED AND DISCLAIMED.

SELLER WILL NOT BE LIABLE FOR ANY THIRD-PARTY SERVICES OR

PRODUCTS EVEN IF IDENTIFIED OR REFERRED TO BUYER BY SELLER.

c. TO THE FULLEST EXTENT PERMITTED BY LAW, UNDER NO

CIRCUMSTANCES WILL SELLER BE LIABLE FOR SPECIAL, INCIDENTAL,

INDIRECT OR CONSEQUENTIAL DAMAGES, INCLUDING WITHOUT

LIMITATION, ACTUAL OR ANTICIPATED LOST REVENUE OR PROFITS, LOSS

OF BUSINESS OPPORTUNITY OR GOODWILL, LOSS OF ANTICIPATED

SAVINGS, COSTS OF PROCUREMENT OF SUBSTITUTE PRODUCTS OR

SERVICES, LOSS OF DATA, DOWNTIME, COSTS, SORTING COSTS, OR ANY

LOSS DUE TO DELAY OF PERFORMANCE OR DELIVERY, EVEN IF SELLER

HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, SELLER

DISCLAIMS ALL LIABILITY RELATIVE TO GRATUITOUS INFORMATION OR

ASSISTANCE PROVIDED BY, BUT NOT REQUIRED OF SELLER HEREUNDER.

THE TOTAL LIABILITY, IF ANY, F SELLER, AND ITS AFFILIATES,

SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES AND

SUBCONTRACTORS INCLUDING BUT NOT LIMITED TO LIABILITY ARISING

OUT OF CONTRACT, TORT, BREACH OR FAILURE OF WARRANTY, OR

OTHERWISE, SHALL NOT IN ANY EVENT EXCEED THE PURCHASE PRICE

PAID BY BUYER FOR THE PRODUCT AND/OR SERVICES FROM WHICH THE

CLAIM AROSE. THE PRICE STATED FOR THE PRODUCTS AND SERVICES IS

A CONSIDERATION IN LIMITING BUYER’S LIABILITY.

d. Waiver. Seller’s waiver of any breach of any provision contained in these General

Terms and Conditions of Sale will not waive any other breach by Buyer. Seller’s

delay or failure to enforce its rights under these General Terms and Conditions of

Sale shall not be deemed a waiver of such rights.

e. Overtime, there may be changes in the product line (color type, hardware, profiles),

etc.…. Seller may not be able to match previously made shutters from Katy

Plantations Handcrafted Shutters due to product changes and availability.

3

f. Shutter Manufacturer is not responsible for cosmetic flaws that can be seen within 3

feet. Real wood has flaws. If you are standing closer than 3 feet you will see WILL

see flaws. KPHS will not repair discrepancies in the natural wood.

Entire Agreement:

a. These General Terms and Conditions of Sale together with Seller’s Quotation or

order acknowledgement or confirmation, constitute the entire agreement between the

parties regarding Buyer’s purchases of Seller’s Products and/or Services from Seller.

If any provision of these General Terms and Conditions of Sale is held invalid, illegal

or unenforceable, such provision will be reformed only to the extent necessary, and

all remaining provisions will continue in full force and effect.

Governing Law, Jurisdiction, Forum:

a. All agreements, and the obligations and rights of all parties, shall be governed and

construed according to the laws of the state of Texas. All disputes arising under this

agreement shall be brought in a county civil court or district court in Harris County,

Texas.

Warranty: ________Initial

a. Katy Plantations Handcrafted Shutters extends a limited lifetime warranty to the

original purchaser of its shutters against defects in materials and workmanship. If

problems occur, Katy Plantations Handcrafted Shutters will replace or repair

defective parts or panels free of charge for materials and labor. There is a service

fee of 75.00 per trip visit to cover warranty issues. This is not charged within

the first 21 days of shutter installation. Paint failure or swelling due to exposure

to water, or cleaning methods/products are not covered. Misalignment from house

settling is not covered. In order to receive warranty work, an inspection by an

authorized Katy Plantations Handcrafted Shutters agent must take place to

determine the cause of the problem. The inspection must reveal a manufacturer

defect. Katy plantations will not warranty a panel over 40 inches in width.

b. Items specifically covered by warranty include:

1. Lifetime warranty on the structure of the shutter

2. Lifetime warranty on the clear view bar integrity

3. Lifetime on hardware (hinges, hinge screws, magnets, and the screws

holding the shutter frames in place)

4. 20-year warranty on the nylon louver pins

5. 20-years against paint peeling

6. 10-year warranty on the lover/tilt rod staples

7. 3 years on magnet housing