LAMBOO® TECHNOLOGIES™, LLC
TERMS AND CONDITIONS
1. ACCEPTANCE AND INCONSISTENT PROVISIONS: The text of Lamboo’s Quote and these Terms and Conditions constitute Lamboo’s entire offer to Customer. Acceptance of a Quote from Lamboo is limited to the Terms and Conditions stated herein, and any additional or different terms or conditions contained in Customer's acceptance, including any purchase orders issued by Customer, are hereby objected to and are superseded in their entirety by these Terms and Conditions.
2. MATERIALS: All Quotes are for products manufactured to Lamboo's specifications. Lamboo supplied materials are limited to primary components or panels required for the order. Additional items such as fasteners, bolts, connectors, and other hardware required will be provided by others, unless specifically noted in the Quote.
3. FABRICATION: If materials supplied by Lamboo require special fabrication (for example: eased edges, pre-drilled holes, milling, etc.), it is at Lamboo's sole discretion to provide such fabrication services. If fabrication services are provided by Lamboo, they will be based on approved specifications provided by the Customer. Approved specifications may consist of but are not limited to CAD drawings, Customer specification sheets, renderings, shop drawings, physical samples and any other documents requested by Lamboo. Both parties must fully agree on the approved specifications before Lamboo will perform any fabrication work.
4. PACKAGING: All products will be packaged according to Lamboo's packaging standards unless otherwise agreed by the parties in writing. If Customer requests custom packaging beyond Lamboo’s standard packaging materials, Customer will be responsible for all additional costs associated therewith, including shipping of such custom materials or tools to Lamboo. Any remaining custom packaging materials not used by Lamboo will either be sent back to the Customer at the Customer's expense, or become sole property of Lamboo if Customer does not arrange for removal from Lamboo’s facility within five (5) business days after Customer’s order(s) have been shipped.
5. EXPRESS WARRANTIES: Lamboo offers limited residential and commercial warranties for certain products. Copies of the applicable warranties are included with each Quote. Customer acknowledges that Lamboo’s warranties may be updated from time to time and the most recent version will always be available for review on Lamboo’s website prior to acceptance of the Quote. By signing and accepting the Quote, Customer acknowledges that it has received and reviewed the most recent version of the applicable warranties, and fully agrees to the terms, conditions and limitations stated therein.
6. DISCLAIMER OF IMPLIED WARRANTIES. LAMBOO’S WARRANTY TO CUSTOMER FOR ANY PRODUCT IS LIMITED TO THE TERMS OF THE APPLICABLE EXPRESS WARRANTY. TO THE EXTENT PERMITTED UNDER APPLICABLE STATE AND FEDERAL LAW, LAMBOO DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THIS DISCLAIMER SUPERSEDES ALL PRIOR OR CONTEMPORANEOUS ORAL OR WRITTEN REPRESENTATIONS CONCERNING THE PRODUCTS. NO LAMBOO EMPLOYEE, SALES REPRESENTATIVE OR ANY OTHER PERSON IS AUTHORIZED TO MODIFY THIS DISCLAIMER OR MAKE ANY WARRANTY IN ADDITION TO THE EXPRESS WARRANTIES THAT MAY BE INCLUDED.
7. LIMITED WARRANTY ON FINISHES: Lamboo products that have been finished by Lamboo will have a one (1) year limited warranty from the date of original purchase on the stain/finish/coating system. Lamboo does not warrant the finish on products finished by third parties. In addition, this one (1) year limited warranty on finishes does not apply to coastal installations near saltwater.
8. LEAD-TIME: Lead-times will be determined on a project-by-project basis and will begin on the day after the signed Quote and initial required payment is received by Lamboo. Typical lead-times for products carried in inventory is five (5) to seven (7) business days. Lead times for out-of-stock or custom products will depend on volume, fabrication requirements, availability, and other factors. Customer acknowledges that lead-times may occasionally be extended on a running basis due to unforeseen circumstances. If this occurs, Lamboo will promptly communicate same to Customer.
9. PROTOTYPES & SAMPLES: All prototypes and samples sold by Lamboo will be considered final sales. No returns will be accepted and no refunds will be given.
10. STANDARD PAYMENT TERMS: Standard payment terms are 50% down when the order is placed with the remaining balance due prior to shipping. Payment terms for orders greater than $100,000 will be determined on a case-by-case basis.
11. PAYMENT OPTIONS: Lamboo accepts payment by the following methods: check, cashier's check, credit card (Master Card, Visa, and Discover Only), and wire transfer. Please contact Lamboo directly to arrange for payment with credit card or wire transfer.
12. CREDIT: If any payment is not made by Customer when due, or if at any time Lamboo becomes concerned that it will not receive payment of any amount due or to become due from Customer, Lamboo may, at its sole discretion and without liability, cancel all or any part of Customer’s order and pursue action to collect from Customer all amounts due, including reimbursement for any resulting losses or damages.
13. TAXES: Customer will be responsible for paying any excise or other tax imposed on the products.
14. PROPERTY: After title passes, Lamboo shall not be responsible for loss, damage, or destruction of Customer’s property in Lamboo’s possession, in the absence of specific payment for the storage of such property, in which case Lamboo’s only responsibility shall be for willful misconduct or gross-negligence. Unless otherwise agreed, Lamboo may scrap any property of Customer left with Lamboo for more than six (6) months from the date last used for Customer’s account.
15. PATENTS: Customer warrants to Lamboo that any custom products manufactured by Lamboo to Customer’s specifications and design do not infringe any United States or International patents. Additionally, Customer will defend and hold Lamboo harmless in any legal action for infringement that may arise in connection with any such custom products.
16. HOLD HARMLESS: All Lamboo products will be manufactured according to Customer’s specifications. It is Customer’s sole responsibility to ensure Lamboo’s materials and products are properly and safely utilized for Customer’s intended purpose. Accordingly, Customer will indemnify and hold harmless Lamboo, its parents, affiliates, officers, directors, employees and agents from and against all claims, losses, liabilities, judgments, damages, costs, expenses, demands and suits (including reasonable legal expenses and attorneys’ fees), arising out of or resulting from the structure, project, system or product in which Lamboo products are utilized as a component. Such damages include, but are not limited to, loss of profits, damage to the structure, damage to Lamboo products, damage to other property and loss of use of the structure.
17. LIMITATION OF REMEDIES AND DAMAGES. UNDER NO CIRCUMSTANCES WILL LAMBOO BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES WHETHER ARISING OUT OF OR IN ANY WAY RELATED TO A CLAIM FOR BREACH OF WARRANTY, BREACH OF CONTRACT, NEGLIGENCE, STRICT LIABILITY IN TORT OR ANY OTHER LEGAL THEORY. SUCH DAMAGES INCLUDE, BUT ARE NOT LIMITED TO, LOSS OF PROFITS, DAMAGE TO THE STRUCTURE IN WHICH THE COVERED PRODUCT(S) IS (ARE) INSTALLED, DAMAGE TO OTHER PROPERTY, AND LOSS OF USE OF THE COVERED PRODUCTS OR OTHER PROPERTY. ANY ACTION OR SUIT RELATING TO THE COVERED PRODUCTS MUST BE COMMENCED WITHIN ONE YEAR AFTER THE CAUSE OF ACTION ACCRUES.
18. RETURNS AND ADJUSTMENTS: Lamboo reserves the right to refuse acceptance of returned products or to honor back-charges of any nature without its prior written consent. It is the Customer's responsibility to inspect products received from Lamboo before signing the freight carrier's paper work to ensure no damage has occurred during transit. If the Customer signs off on the delivered products and later discovers that damages have occurred during transit, Lamboo has discretion to deny requests for refunds or replacement. Additionally, all products must be checked and qualified by the Customer prior to performing any secondary operations and/or installations. If quality issues are found after products have been processed through secondary operations and/or installations by the Customer, Lamboo has discretion to deny requests for refunds or replacement. Quality reports and pictures must accompany any request for refund or replacement. Please consult the applicable product warranties for further details.
19. FREIGHT COSTS: All freight costs incurred by Lamboo will be charged to the Customer. Freight Costs are subject to change from estimated costs stated in the Quote.
20. CANCELLED ORDERS: Customer has seven (7) business days after signing a Quote to cancel the order without any penalty. If the Customer cancels a signed Quote after the seventh (7th) day, the Customer will be charged a re-stocking fee. The re-stocking fee is equal to 35% of the material costs and handling fees of the signed Quote. Payment for the re-stocking fee will be due seven (7) calendar days after cancellation. If payment is not received by the seventh (7th) calendar day, a late fee of 10% will be applied to the total balance. An additional late fee of 10% will be added every ten (10) calendar days thereafter until the balance is paid. If the invoice for re-stocking fees is not paid in full within thirty (30) calendar days, it will be submitted to collections. If legal action is required, the Customer will be responsible for all legal costs, attorneys' fees, work time allocated, total balance of the invoice, and any other charges associated with resolving the unpaid invoice.
21. CHOICE OF LAW: All questions concerning the meaning or applicability of these Terms and Conditions are to be decided under the laws of the State of Illinois.