Terms & Conditions

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Terms & Conditions

Confirmation of Order
A confirmation of order will be either mailed or emailed for all orders received with the exception of orders processed through our online Miva shopping cart. It is very important to read over your confirmation and notify us of any and all discrepancies within three (3) days. You will be charged for the items on your confirmation. Confirmations must be signed and submitted within three (3) days of receiving your sales order.

Order Deposit
Along with a signed order confirmation a 50% order deposit is required to hold your production slot.

Lead Time
Delivery dates are contingent upon the ability of our material suppliers to furnish materials to us and events beyond our control. Kestrel Shutters & Doors, Inc. cannot be held responsible for any and all fees and penalties that result from delays in lead times.

Delivery
Customer is responsible for all delivery charges including redelivery charges. Customer is also responsible for any and all taxes, tariffs and fees including, but not limited to, use tax and brokerage fees.

Shipping Containers
Retain all shipping containers until shipment has been determined to be complete, in good condition and in good order. In the event of a damage or loss in shipment shipping containers will be required for claims. Claims will not be honored if all shipping containers are not retained.

Damaged Shipments
If shipment is damaged in transit, or arrives incomplete, it is your responsibility to notify us immediately and to obtain any required, properly notated, freight bills from the freight carrier's agent. All required properly notated freight bills must be returned to us within 10 days of receipt of goods so that we may file a claim of loss with the freight carrier. Upon receipt of all required, properly notated, freight bills, we shall be prepared to make replacement of the damaged portion of the shipment; otherwise, we cannot be held responsible. We cannot be held liable for any penalties/fees that result from lateness due to damaged shipments.

Address Correction
Customer is subject to charges acquired due to an incorrect or altered shipping address, by the customer, with a minimum charge of $35.00. Charges may be waived if changes are made in writing, and acknowledged, prior to actual packaging of the goods purchased.

Incorrect Orders
Should your order be made incorrectly, as determined by your confirmation, we will provide replacement or alterations upon receipt of the incorrect items as long as no modifications or alterations have been made to the items received by the customer. Rejection of goods for failure to conform to the requirement of the Confirmation Order must be made within three (3) days of delivery. Buyer must send written notification of the rejection of the order. The Notice must state the basis of the alleged non-conformity of the goods and described the portion of the shipment being rejected.

Modifications and Alterations
If Buyer, after delivery of the goods, makes any modifications or alterations, the goods will be deeded accept and Buyer will be responsible for any outstanding payments still remaining due.

Returns
Kestrel Shutters & Doors, Inc. will not accept returns if they are non-stock items or if any items have been modified or assembled. No returns can be made without the express, written consent of an officer of Kestrel Shutters & Doors, Inc. Stock items are subject to a minimum 20% restocking fee. Items marked "Standard" (i.e. Standard Sized, Standard Designs...) are not necessarily stock items and are often built specifically for individual orders and are considered Non-Stock items. NO RETURNS AFTER 30 DAYS FROM THE SALE DATE. Delivery and Freight costs are not refunded.

Partial Shipments
We reserve the right to make partial shipments unless stated otherwise on the order.

Orders placed on Hold
Orders placed on hold, and delayed shipment requests, do not affect our terms and conditions. A storage fee may apply for any parts and or completed orders.

Delays in Transit
We cannot be held responsible for any delays in transit, or the resulting penalties / fees that result from the delay in transit, nor are our terms affected by delay.

Acceptance of Orders
All orders and contracts are subject to acceptance by an officer of Kestrel Shutters & Doors, Inc. All such orders and contracts are contingent upon accidents, fires, or other causes that are unavoidable or beyond our control. All paperwork required by the customer to release payments for products, both partial and full, must be submitted with your signed order confirmation within three (3) days of placing the order. Administration fees will apply for processing your required paperwork with a minimum fee of $25.00.

Cancellation of Order
Orders are not subject to cancellation unless complete payment is made for any work and/or material costs incurred up to the point of cancellation. In addition, Buyer shall be assessed a cancellation payment of One Hundred ($100.00) Dollars or ten (10%) percent of the total order, whichever is greater. Full Order deposits of 50% are non refundable once materials are ordered. Materials shall be retained by Kestrel Shutters & Doors, Inc. All cancelled orders must be in writing. Verbal cancellations will not be accepted.

Revisions
Changes made after the signed order is received by us will incur a $25.00 revision processing fee. Changes made after work has begun will be accessed additional fees dependent upon time and materials utilized.

Credit
Credit due will be applied towards future purchase or issued as a refund. Refunds will be provided in the same manner as the original method of payment.

Credit Card Charge back
There will be a $35.00 administrative fee accessed for any credit card charge back.

Errors and Price Changes
Clerical errors are subject to correction. Prices are subject to change without notice.

Returned Check
There will be a $35.00 administrative fee accessed for any returned check. Changes. The right is reserved to make such changes both in design and specifications, including substitution of products.

Changes
The right is reserved to make such changes both in design and specifications, including substitution of certain items of our products, as in our opinion, will improve them.

C.O.D.
All open sums due will be charged to purchaser's credit card at time of shipment or must be prepaid by cash and/or check. No C.O.D. deliveries will be accepted.

Sums Due
The purchaser agrees that all invoices be paid in full prior to shipment. Finance charges of 10% per annum will be applied to all past due invoices with a minimum charge of $35.00. A late payment charge of $35.00 is applied to all past due invoices. Past due invoices will be sent out for collection. Purchaser shall be responsible for all collection and or legal fees incurred plus the original invoiced amount. Purchaser is responsible for any and all delivery costs as well as court costs and service fees.

Product Pick Up and Delayed Shipment Requests
The purchaser agrees that all sums due are paid upon completion of production whether shipped immediately or held at Kestrel Shutters & Doors, Inc., Stowe, PA 19464 for customer pick up or delayed shipment. Storage fees may be applied towards orders held for more then 5 business days.

Installation & Assembly
Kestrel Shutters & Doors, Inc. will install no items or hardware unless special arrangements are made and incorporated at the time the order is signed. Kestrel Shutters & Doors, Inc. assumes no responsibility for items shipped without hardware and/or items assembled or installed by the customer, and customer agrees to hold Kestrel Shutters & Doors, Inc. free of any and all liability for assembly and/or installation. Further, the customer agrees to hold Kestrel Shutters & Doors, Inc. free of any and all liability for improper maintenance and/or repair of items performed by owner and/or customer and/or contractor.

Warranties
Seller expressly warrants that all goods purchased and delivered hereunder shall conform in all respects with Buyer´s descriptions and specifications or other written documents presented by or in connection with such goods to Buyer and shall be free from all defects including latent defects in workmanship and material. Seller agrees that its Limited Warranties for consumer owners of products manufactured by Seller shall inure to Buyer´s benefit and in the event of any consumer claim under any of Seller´s Limited Warranties, Seller shall be responsible for correction of defects claimed, provided that Buyer promptly refers such consumer claims to the Seller upon receipt, and provided further that Buyer shall be liable for and reimburse Seller for all costs incurred in performance under the Limited Warranties in the event that the date of original installation of a particular product is more than thirty (30) days after the date of Seller´s delivery to Buyer hereunder. Notwithstanding any provisions of such Limited Warranties, Buyer´s sole remedy against Seller for breach thereof shall be the repair or replacement of the defective material or workmanship, at the Seller´s option, without charge (except for labor costs), F.O.B. at Seller´s factory. IN NO EVENT SHALL SELLER BE LIABLE FOR ANY LOSS OR DAMAGE ARISING DIRECTLY OR INDIRECTLY FROM THE USE OF THE PRODUCT OR FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES. EXCEPT FOR THE FOREGOING AND THE LIMITED WARRANTIES DESCRIBED, SELLER MAKES NO EXPRESS WARRANTY WITH RESPECT TO ANY PRODUCTS SOLD UNDER THIS CONTRACT AND SPECIFICALLY EXCLUDES ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

Modification
This Agreement can be modified or rescinded only by the written consent of the parties.

THIS AGREEMENT SHALL BE CONSTRUED ACCORDING TO THE LAWS OF THE STATE OF PENNSYLVANIA AND THE CUSTOMER SUBMITS TO THE JURISDICTION OF SAID STATE WITH VENUE BEING HELD IN THE COUNTY OF THE COMPANY�S OFFICE.

All sales are final after 30 days.

Kestrel Terms & Conditions

Terms & Conditions