Terms and Conditions
Custom Artisan Group (Architectural Elements and Ironworks) (“we” or “us” or “our”) designs and makes architectural elements, custom railings, and other custom crafted products (“custom work” or “custom metal work”). These Standard Terms and Conditions, together with the attached agreed invoice, form our agreement to provide the services described, to the customer specified (“you” or “your”), in the agreed invoice. These terms will also apply to any other work or service that we agree to do for you. Please note, our products are custom crafted to your specifications. If those specifications are inaccurate, additional design, work, and materials may be required and charged to you at additional cost. To extend the look and life of your custom work or custom metal work, you must ensure that your custom work will be attached to surfaces that are stable and capable of handling the installation, use and traffic. Foundations, deck, stairs, walls or other surfaces that are not solid & stable will cause the custom work itself be or become unstable. You must ensure that surfaces are stable prior to installation of your custom work. We are not responsible to stabilize surfaces. Custom work is susceptible to corrosion and loss of finish if not maintained properly. No matter what finish is applied, all custom metal work is susceptible to rust or corrosion, particularly at joints, screw holes and welds. If you experience rust or corrosion problems, we would be pleased to discuss the potential remedies and costs of fixing or slowing the natural corrosion process.
2.0 Deposit Payment, Price Variation and Cancellation
2.1 Quotes and Proposals are good faith estimates on design, labor, and materials. Quotes and Proposals are valid for 30 Days, and may be withdrawn after that time without notice. By approving the Quote/Proposal, you agree to these Terms and Conditions.
2.2 Invoices are generated after client's written approval on Quote and/or Proposal is received by us. Work is scheduled after Invoice Deposit is received by us. You agree to pay a 50% deposit of the invoiced amount upon signing the Quote and/or Proposal, unless explicitly stated otherwise on Quote and Proposal. Your deposit is non-refundable after the deposit has been received by us. No interest will be paid on deposits.
2.3 You agree to pay the actual cost of design, labor, materials, taxes, duties, or shipping costs, whether or not included on the Quote or Proposal, or if those actual costs increase from the date of the Proposal. Any additional work may require a modification and/or an additional and separate Quote/Proposal and Invoice. If we have ordered material or scheduled any work, you may cancel your order on payment for any materials ordered or scheduled work, at a minimum cost of 25% of the total invoice value, including, but not limited to, the total costs incurred by us before or after time of cancellation. You will be issued a credit for any remaining balance after our costs have been applied. No refunds will be given.
3.0 Completion Dates, Delivery & Final Payment
3.1 Completion dates are estimated only. We are not liable for any costs, damages, consequential losses, or other losses arising from any delays, regardless of cause, to the design or installation of the custom work.
3.2 The Invoice balance is due upon installation, unless explicitly stated otherwise on invoice. You agree to pay a $50.00 late fee or interest at 2%, whichever is greater, per month, from the start date of installation, on any amounts remaining 14 days after completion.
3.3 We are not liable for any costs to you due to any delays in delivery of custom work to the job site or for anything not installed by us. If you require expedited delivery or special handling or a remote job site, we may charge extra to cover any additional costs.
3.4 Should you request work be suspended or delayed or if it is due to site unpreparedness, and we decide it is necessary to store the custom work or return it to our facility, we may do so and you shall pay any resulting charges for removal, storage, return to site, reinstallation and any other additional costs.
4.0 Installation, Brackets and Anchors, Permits & Site Preparation
4.1 If you have any special requests, they must be approved by us, in writing, prior to installation. If any permits or consents are required, you will obtain them prior to installation. If any site preparation or any waste or dirt disposal is required (before or after installation), you will make such preparations and disposals.
4.2 To insure proper installation, we may locate and install brackets, anchors, bolts, screws etc. in such location(s) as we in our discretion and without prior approval determine, which may differ from the locations depicted in any plans. We are not responsible for any damage that may result.
4.3 You are responsible to locate any hidden installations underground or behind walls etc. that may be affected by the installation of the custom work. We are not responsible for, and you indemnify us in respect of, any costs or damages resulting from damage done or refinishing required to or in respect of a hidden installation.
4.4 We normally apply high quality paint and finish bolts, screws or other anchors appropriate to the installation. It is your responsibility to ensure proper maintenance of custom work after installation. We do sell some touch up paints, if required.
Any query regarding the invoice or the goods supplied must be made to us in writing within 7 days of the later of invoice date or delivery date.
You are responsible for ensuring that the installation site is adequate and adequately prepared for the safe and secure installation of any custom work to be installed. We are not responsible to repair, reinforce, stabilize, or take any other steps to improve the stability of the installation site and we are not responsible for the failure or fatigue of the custom work due to the lack of stability of the installation site and you indemnify us against any losses or damages whatsoever to you or to any third party arising from any delay in transit, improper preparation, lack of security or stability of the installation site or improper use of the custom work.
7.0 Your Insolvency
If you cease to (or cannot) pay your debts in the ordinary course of business or as they become due or are insolvent, commit an act of bankruptcy, or are subject to a bankruptcy petition, you authorize us to (and we shall), without prejudice to other remedies:
7.1 suspend further work making or installing the custom work and to remove custom work whether fully or partially installed; and
7.2 to charge for work already carried out (whether completed or not) and materials purchased for you, such charge to be an immediate debt due to us; and
7.3 to have, in respect of all unpaid debts due from you, a general lien on all custom work in your possession (whether complete or not) and to be entitled to dispose of such custom work in such manner and at such price as we think fit and to apply the proceeds towards such debts.
8.0 Legal Matters
8.1 We may decline to perform any custom design or work without providing a reason.
8.2 If you provide us with designs, you agree that you will only provide us with designs that you have a right to use and you indemnify us in respect of any claims, costs and expenses arising out of any claim that you did not have the right to use such designs.
9.0 Force majeure
We shall have no liability if we are unable to carry out any provision of the contract for any reason beyond our control, including (without limitation) Act of God, legislation, war, fire, flood, drought, power failure, lock out, strike or other job action, or any inability to procure materials required for the performance of the contract. If such a delay occurs, before work resumes you may, by written notice to us, elect to cancel the contract as provided for in paragraph 2.0 and pay for work done, materials used, but otherwise will accept delivery when available.
These conditions and all other express terms of contract shall be governed and construed in accordance with the laws of Georgia and the exclusive jurisdiction of the courts therein.
We may contact each other at our respective addresses, phone and/or fax numbers as recorded on the front of our invoice.