TERMS + CONDITIONS OF PURCHASE
APPLICATION
These terms and conditions apply to any proposal, sale, and delivery of product from MADERA to the Purchaser. By signing the approved proposal, the Purchaser acknowledges that they have read and agree to these terms and conditions.
PROPOSAL AND ORDER CONFIRMATION
MADERA’s proposals are valid for 30 days from the date of submission. Pricing, availability of materials, and lead times may be subject to change after the proposal has expired.
The Purchaser is responsible for verifying that all material specifications and takeoffs, including dimensions, grade, and quantity outlined in the proposal are accurate. The Purchaser is responsible for ordering the correct amount of material, including appropriate overages for cut-offs and on-site selection. The Purchaser is also responsible for ensuring that all custom product designs adhere to applicable codes and rules, including, but not limited to NFPA 80 requirements, ADA national and federal guidelines, and local and federal building codes. MADERA does not take any responsibility for, and disclaims all liability related to, issues that arise outside of the specific requirements of the proposal.
When the Purchaser has accepted the proposal, MADERA will submit an approved proposal for signature and deposit invoice for payment. The Purchaser must sign the proposal and return it to MADERA and pay the deposit invoice to confirm the order. Orders will only be initiated when the signed proposal and deposit payment are received.
PAYMENT TERMS
All standard orders require a 50% deposit payment to initiate the order. The balance and any additional charges, including extra shipping and storage fees, will be due prior to delivery of the order. Rush orders with lead times of less than 2 weeks must be paid in full to initiate the order. All payments are non-refundable and extra material cannot be returned for a refund. Acceptable payment methods are check, bank wire transfer, ACH bank transfer, and credit card. Credit card payments are subject to a convenience fee. The Purchaser is responsible for payment of all taxes, city and state, unless they provide MADERA with a valid resale certificate.
MADERA and the Purchaser can negotiate special payment terms for larger and more complex orders. Special payment terms must be agreed on by both parties and will be documented in the message displayed on the proposal.
STORAGE
When an order is completed it will be scheduled for delivery with the Purchaser. If the Purchaser is unable or not ready to take delivery, MADERA will place the order into storage for up to a maximum period of 6 months from the completion date. MADERA will provide complimentary storage of an order for up to 30 days after the order has been completed. After 30 days, MADERA will charge the Purchaser a monthly storage fee of $200 per pallet. Storage fees are assessed for the full month at the start of the month. For example, if the order is delivered on the 15th the Purchaser still pays for the full month of storage. MADERA will provide the Purchaser with two weeks notice when the complimentary storage period is ending with an estimated monthly storage fee for their order. Storage fees will be invoiced monthly and must be paid in full before the order can be released and delivered to the Purchaser.
If the Purchaser needs to keep an order in storage for more than 6 months, they will need to sign a Liability Waiver Form releasing MADERA of any liability related to changes in the color, tone and finish of the product. Many MADERA products are finished with reactive stains and oils that continue to evolve and mature over time as they are exposed to oxygen and light. This natural change is fundamental to the aesthetic of the product. Placing products in storage for long periods of time can have an adverse effect on this natural evolution and can change the color, tone and finish of the product. MADERA’s limited structural warranty will remain in effect for these orders and the monthly storage fee will continue to be invoiced on a monthly basis.
DELIVERY
Delivery is curbside by common carrier unless otherwise noted. Curbside does not include unloading material from the truck unless otherwise noted. The Purchaser is responsible for unloading the order from the truck and moving it to the installation site. The Purchaser should ensure that they have the right equipment and staffing in place to manage unloading in a timely manner. Any waiting charge or other related expense borne by MADERA due to the Purchaser's failure to make such arrangements will be charged to the Purchaser separately.
Delivery times and dates are estimated and may vary depending upon clearance of final payment, coordination by the Purchaser, transit time, or inclement weather. The type of packaging and bundling method often varies according to the product.
If the Purchaser does not accept delivery on the date agreed upon with the shipping company for any reason other than rejection of material, the Purchaser will be responsible for all applicable redelivery charges, storage fees, and other charges incurred for canceling the delivery.
MADERA insures freight for coverage against any damage or loss during shipping. If the order is damaged during transit, MADERA will replace any damaged material as quickly as possible. MADERA does not take responsibility for any costs associated with delays due to shipping damage. The Purchaser assumes all risk from the time when delivery is made and is responsible for any damages or losses during unloading and storage at the installation site.
INSPECTION AND ACCEPTANCE OF MATERIAL
The Purchaser is responsible for inspecting the material for quality and confirming that the correct quantity was delivered within 7 days. This means that the packaging of the product must be opened and resealed until it is installed. If the Purchaser identifies a defect or discrepancy between the order as delivered and the signed proposal, they must notify MADERA immediately. Purchasers should NOT install, alter or finish any product if there are questions about potential defects, specifications or quantities. All claims must be submitted to support@maderasurfaces.com with the following information:
A clear and detailed explanation of the defect or discrepancy
Images of the material and suspected defects
If the Purchaser discovers or should have discovered a defect or discrepancy and fails to submit a claim within 7 days, they cannot claim it later. This also applies if the Purchaser damages the goods during unloading, storage, and installation. If a claim is submitted and defects or discrepancies are found and MADERA is liable, MADERA will replace the material promptly.
All material will be considered accepted by the Purchaser 7 days after delivery or upon installation, whichever occurs first. MADERA does not accept returns of materials after they have been accepted or if they have installed or altered in any way.
SITE CONDITIONS AND INSTALLATION
The quality and durability of all MADERA products depends on proper storage before use and correct installation and maintenance. The Purchaser is responsible for ensuring proper site and storage conditions to avoid damage to any MADERA products, following industry guidelines for installation, and using an accredited installer (e.g. NFWA for flooring.) This includes ensuring that all windows and doors have been installed, maintaining the correct relative humidity of the storage and installation site at all times, and protecting the product from damage. The Purchaser must adhere to the guidelines on acclimatization, installation, protection and maintenance as outlined in the MADERA Wood Guide. MADERA disclaims any responsibility for problems due to improper site and storage conditions, and improper installation and maintenance. Failure to comply with these requirements voids any warranties, express or implied.
DELAYS
Unless otherwise agreed, a delivery delay of up to 30 days due to MADERA is considered on time, and the Purchaser cannot claim against MADERA, cancel the order, or refuse the goods. MADERA will notify the Purchaser via email about three weeks before the expected delivery date, providing the option to postpone delivery. The Purchaser may postpone the delivery and MADERA will place the order in storage. Complete postponement of the original delivery date, including cases of successive postponements, may not exceed six months, unless MADERA agrees otherwise. If delivery is delayed due to force majeure, the delivery time will be extended accordingly.
WARRANTY
MADERA products come with a structural warranty guaranteeing that all products are free from manufacturing defects in milling and lamination for the lifetime of the product, subject to the limitations set forth in MADERA’s limited warranty. Purchasers are responsible for reviewing MADERA’s Limited Warranty for Floors and Paneling and Limited Warranty for Millwork on our website.
LIABILITY FOR DEFECTS
MADERA products are crafted from natural wood, so variations in color, grain, knots, and other characteristics are normal and expected. Reclaimed wood may exhibit extreme variations, including nail holes, cracks, face checks, and staining. These natural differences between the finished product, samples, and reference imagery are not considered defects and should be accepted and embraced by the Purchaser.
Quality and durability of MADERA products depend on proper storage before use and maintenance after installation. The Purchaser must store products in their packaging at the correct temperature and humidity, as instructed. Failure to follow these instructions, or using the product for unintended purposes voids any claims for defects.
If a MADERA product is found to be defective and it is impossible to correct the defect, MADERA will replace the material at no extra costs or refund the Purchaser an agreed upon amount based on the purchase price of the defective product. A Purchaser’s claim against MADERA may not exceed the invoice amount for the products sold, whether due to defects or delay. MADERA is not liable for operating loss, loss of time, profit, income, or any other indirect loss resulting from the order, including losses from delays or defects.
CLAIMS
If a Purchaser identifies a product defect after acceptance they should submit a claim as soon as possible. All claims must be submitted to support@maderasurfaces.com with the following information:
A clear and detailed explanation of the defect
Images of the material showing the defect
MADERA will review the claim and conduct a site visit to inspect the material and conditions at the installation site. MADERA will then attempt to resolve the issue with the Purchaser. If the Purchaser wishes to pursue a claim after this initial step, MADERA will engage, at its own cost, the services of a certified inspector to conduct a site inspection and determine the cause and merit of the claim (e.g. NWFA wood flooring inspector). If the inspection confirms that MADERA is liable for the product defect, MADERA will replace the material as quickly as possible or refund the Purchaser for the defective product as described above. If the inspection finds that the defect was caused by the Purchaser due to improper unloading, storage, installation, product use or maintenance, MADERA shall bear no responsibility or liability.
REPLACEMENT AND REFUNDS
If MADERA is found liable for a product defect, MADERA will replace the material or refund the Purchaser for the defective product as described above. Replacements and refunds will only be issued after the original product has been returned to MADERA and inspected for quantity and quality. If any of the original product is missing or damaged, the replacement and refund may be rejected or modified to reflect the value of the missing or damaged product.
RESOLUTION OF DISPUTES
MADERA and the Purchaser will attempt to resolve any dispute arising from or relating to the order or the products sold through the investigation of claims procedures described above. If this process does not resolve the dispute within thirty (30) days, then the Parties may submit their dispute to non-binding mediation before an approved American Arbitration Association Home Construction mediator in New York. If the Parties are unable to resolve the dispute through mediation, then the dispute shall be resolved by binding arbitration in New York in accordance with the Home Construction Arbitration Rules of the American Arbitration Association. If the Parties agree, the mediator involved in the Parties’ mediation may be asked to serve as the arbitrator. The prevailing party in any arbitration shall, in the Arbitrator’s discretion, be awarded its reasonable attorneys’ fees and costs. Judgment on any arbitration award may be entered by any court having jurisdiction thereof.