PAYMENT SCHEDULE: In exchange for specified work, client agrees to pay Dayoris LLC according to the following schedule. Client will pay Dayoris a 50% deposit at the time of sale. This deposit is to cover the cost of materials that must be ordered to fabricate the order. All Dayoris made products are custom made, specifically to the client’s specifications. Due to the nature of these orders, all deposits are non-refundable.
PAYMENT: The client will pay Dayoris remaining 50% prior to delivery of merchandise to the job site. Or, if products are being installed by others, 50% balance is due prior to pick up or shipping of materials.
FINAL WALKTHROUGH: if applicable Awalkthrough upon project completion is customary. Any concerns should be noted at this time. A Dayoris representative, along with the client, if desired, will create a punch list noting all issues with product quality or installation. Upon completion of the noted punch-out items, final payment, or any remaining balance, or retention monies not previously collected is due.
TIME AND PERFORMANCE GUIDELINES: Dayoris will do its best to meet the projected work schedule, but will not be held responsible for delays caused by other contractors, acts of God, supplier non-performance, or other issues that are outside of its control. Timelines begin upon the receipt by Dayoris, of a signed confirmation of services (a signed Dayoris master sheet). The proposed door schedule (Dayoris master sheet) will be presented to client shortly after a field measure has been completed by a Dayoris representative, or, in the case of shipping only projects, after the client’s detailed door request has been received. All timeline and completion deadlines are estimates.
All terms and conditionsstated herein become a part of the proposal and/or invoice and are considered accepted upon deposit payment. All terms and conditions expressly specified herein shall render null and void any conflicting terms and conditions in any and all other contracts relative to this proposal and/or invoice. No work will be scheduled prior to receipt of 50% deposit, no exceptions.
WARRANTY: Dayoris LLC warrants that, for a period of one year from the date of completion, or, upon shipping or pickup by carrier, products will be reasonably free from defects in material and workmanship. This warranty applies only to products that are handled and cared for in a reasonable manner. Any manipulation or alteration of materials supplied by Dayoris will void any and all warranty or liability on behalf of Dayoris. Dayoris will not be responsible or liable for any indirect consequential or incidental damages sustained by the user. Any items manufactured by others (slides, hinges, hardware, etc.) will carry the warranty of their manufacturer.
CHANGE ORDERS / CHARGEBACKS: Any requests made by client for additional services, aka Change Orders,will be addressed by a new a proposal from Dayoris. The new proposal, aka Change Order, must be accepted in writing by client prior to services being performed or products supplied. Payment terms for Change Order proposals are 100% due upon acceptance by client. Client or Contractor Chargebacks must be submitted to Dayoris in writing, and must be approved by Dayoris in writing, to be deemed accepted and considered for payment. Installers are not authorized to sign or approve chargebacks. No credit will be given for improperly or unauthorized chargebacks.
DISPUTE RESOLUTION: By mutual agreement, all disputes or conflicts arising between Dayoris LLC, and contracted Clients of Dayoris, agree to resolve via mediation under the procedures herein. The contracted parties, hereby agree to submit to arbitration administered by the American Arbitration Association, AAA, Miami Regional Office, for Mediation resolution. Any controversy or claim arising out of or relating to this contract, or the breach thereof, shall be settled under construction Industry Arbitration rules, and judgement of any award rendered by the arbitrator(s) may be entered in the Miami Dade County court system, having jurisdiction thereof. We further agree that all parties will faithfully honor and observe this agreement and its rules, that they will abide by and perform any award rendered by the arbitrator, and that a judgement of the court having jurisdiction may be entered on the award.