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 purchased to fabricate the contracted order. All Dayoris made products are custom made, according to client specifications. Due to the nature of these products, all deposits are non-refundable. The client must pay Dayoris the remaining 50% prior to delivery of merchandise to the job site. If DAYORIS is not contracted to provide installation, final payment is due prior to the pickup or shipping of materials.
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 outside of its direct control. Projected timelines begin upon the receipt, by Dayoris, of a signed confirmation of services (a signed Dayoris master sheet). The proposed manufacturing specifications, as noted on the Dayoris master sheet, will be presented to the 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 specifications have been received. All timelines and completion deadlines are approximations.
CHANGE ORDERS / CHARGEBACKS: Any requests made by client for additional services, aka Change Orders, will be addressed by a new invoice from Dayoris. The new invoice, aka Change Order, must be accepted in writing by client prior to any additional services being performed or products supplied. Payment terms for Change Order invoices are due in full 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 and/or project managers are not authorized to approve chargebacks. Credit will not be given for any improperly submitted or unauthorized chargebacks.
FINAL WALKTHROUGH: only applicable if Dayoris performed the installation: A walkthrough upon project completion is customary. Any concerns or defects must be noted at this time. A Dayoris representative, along with the client, if desired, will create a punch list noting any and all issues with product quality or installation. DAYORIS will proceed to address all listed items in a timely manner.
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 material defects. This warranty applies only to products that are handled and cared for in a reasonable manner. Any modification or alteration of materials supplied by Dayoris will void any and all warranty or liability on the part 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. DAYORIS will not assume any responsibility or associated costs for contracted outside labor or project delays. DAYORIS doors are man-made, artisanal products, and thus, material variances are to be both expected and accepted.
DISPUTE RESOLUTION: All disputes or conflicts arising between Dayoris LLC and contracted clients of Dayoris, are agreed to be resolved 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 related to this contract, or the breach thereof, shall be settled under construction Industry Arbitration rules. Judgement or any award rendered by the arbitrator(s) must be entered in the Miami Dade County court system, having jurisdiction thereof. All parties will faithfully honor and observe this agreement and its rules, and will abide by and perform any award rendered by the arbitrator.
All terms and conditions stated herein become a part of the invoice and/or contract and are considered accepted upon receipt of deposit. All terms and conditions expressly specified herein shall render null and void any conflicting terms and conditions in any and all other contracts related to this invoice and/or contract.