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 merchandise leaving the DAYORIS facility. 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 and signed for on the DAYORIS master sheet. All projected 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 chargebacksmust 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 walk-through 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. Customers are advised that any necessary wall repairs, modifications, or refinishing required due to the installation, repair, or replacement of our doors, or other DAYORIS products, shall be the sole responsibility of the customer. By engaging our services, you acknowledge and agree to this ‘Wall Repairs Disclaimer’ and accept responsibility for any wall-related costs or damages that may arise in conjunction with our door installation and repair services. DAYORIS will proceed to address all listed items in a timely manner.
SHIPPING PROJECTS:
Client Liability for Shipped Merchandise: When DAYORIS ships merchandise to clients, including interior doors, the following terms regarding liability shall apply:
Ownership and Responsibility: Once the merchandise has been shipped and leaves our premises, ownership and responsibility for the items transfer to the client. This includes all risks associated with shipping, handling, and storage of the merchandise.
Building Codes: Sole liability rests with client for compliance with local building codes and regulations when it comes to the installation or use of any DAYORIS products.
Shipping Claims: In the event of any damage, loss, or issues related to the shipped merchandise, it is the client’s responsibility to initiate and handle any claims with the shipping carrier. DAYORIS will provide support and documentation as needed, but ultimate responsibility for pursuing and resolving such claims rests with the client. Clients are responsible, not DAYORIS, for properly insuring the purchased merchandise with adequate coverage during the shipping and installation process.
Acceptance of Merchandise: Clients are encouraged to thoroughly inspect the delivered merchandise upon receipt. Any visible damage or discrepancies must be documented and reported to the shipping carrier and Dayoris, in writing, within 14 days in order to file a valid claim.
Liability for Replacement or Repairs: In the event that the shipped merchandise is damaged by client or requires replacement or repairs, the client is solely responsible for all associated costs. DAYORIS will not be liable for any expenses related to replacement, repair, or adjustment of the merchandise after it has been delivered and accepted by the client. By engaging in business with DAYORIS and accepting shipped merchandise, you acknowledge and agree to assume full liability for all delivered items.
WARRANTY: DAYORIS 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 up to a ¼” bow should be both expected and accepted.
PROJECT COMPLETION: only applicable to remote shipping projects: When our doors are installed by third-party contractors, DAYORIS is not responsible for any installation-related issues, including but not limited to alignment, hardware attachment, or structural adjustments. Any damages or concerns related to the installation process should be directed to the contracted installer. Any costs associated with installation, adjustments, or corrections necessary for our doors to fit and function properly within your specific location are the responsibility of the contracted installer. “Wall Repairs Disclaimer” – In a case where it becomes necessary to open a wall, plaster, paint, remove wallpaper, uninstall or reinstall a door or any associated part of a door, DAYORIS assumes no liability as to the cost of such. By choosing to have our doors shipped and installed by a third party, you acknowledge and accept the terms of this ‘Liability Disclaimer for Third-Party Installation’ and understand that DAYORIS is not liable for any installation-related damages, issues, or expenses. We recommend that you work closely with the contracted installer to ensure a successful installation.
DISPUTE RESOLUTION: All disputes or conflicts arising between DAYORIS 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. Miami Dade county is the governing law for any disputes whether for a local or remote installation project. 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. If any part of the terms and conditions policy is deemed unenforceable, the remaining provisions will still be in effect.