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Terms and Conditions of Sale and Installation

    1. Definitions
      1. “Customer” means the person or entity to which the Quotation is addressed.
      2. “Order” means Quotation accepted in writing by a Customer.
      3. “Products” means custom made doors, blinds, awnings, shutters, and all other goods and services supplied by Wynstan.
      4. “Quotation” means the price for Product(s), including sales tax, stated in writing by Wynstan to the Customer, and includes a “Revised Quotation”.
      5. “Wynstan” means Wynstan USA, Inc., located at 20840 Leapwood Ave., Carson, CA 90746.
    2. These Terms and Conditions of Sale and Installation (“Conditions”) are incorporated into the Quotation as specified on the Quotation form.
    3. The Quotation is valid for thirty (30) days from the date indicated thereon, unless otherwise stated in writing by Wynstan or as specified in advertisements by Wynstan.
    4. Upon receipt of Customer’s Order, Wynstan may correct clerical or mathematical errors in the Quotation (such correction a “Revised Quotation”). Each Revised Quotation is valid for thirty (30) days from the date indicated thereon. Customer’s acceptance of a Revised Quotation constitutes a new Order for purposes of Paragraph 20.
    5. Upon Customer’s Order, Wynstan may:
      1. Require a fifty percent (50%) deposit to proceed with the Order.
      2. Require final payment to be paid to a Wynstan showroom on collection of the Product(s), or to the installer at the time of installation
    6. All Orders must be paid by cash, check, or credit card on delivery unless Customer and Wynstan have otherwise agreed in writing.
    7. All costs not stated in the Quotation and caused by Customer, whether or not intentionally, will be payable by Customer.
    8. Customer will pay to Wynstan a late payment charge of two and one-half percent (2.5%) per month, compounded monthly, or such lesser amount as established or required by law, on any payment past due until such past due payment together with the late payment charge is paid in full. All debt collection charges, legal expenses and collection agent commissions incurred in attempting to recover any amount due from Customer will be payable by Customer.
    9. If Customer requests credit from Wynstan:
      1. Customer agrees that Wynstan is authorized to obtain from a credit reporting agency a credit report containing personal credit information about Customer.
      2. Customer will furnish to Wynstan all financial information reasonably requested by Wynstan from time to time for the purpose of establishing or continuing Customer’s credit limit and terms.
      3. Delivery and installation of Products will at all times be subject to the approval of Wynstan’s credit department and Wynstan may at any time decline to make any delivery or installation except upon receipt of payment or upon terms and conditions or security satisfactory to Wynstan.
      4. Wynstan, in its sole discretion, may decline Customer’s request for credit.
      5. Customer agrees that Wynstan is authorized to file a uniform commercial code financing statement with respect to the Products sold to Customer in order to protect Wynstan’s interest therein until Customer makes payment in full.
    10. Each Product is covered by a three (3) year limited warranty (“Applicable Limited Warranty”), as described in Wynstan’s Warranty and Care Guide, provided with each Product and at wynstanusa.com, and subject to the following terms and conditions:
      1. All amounts due for Product have been paid in full.
      2. Normal wear and tear, including fading on or of fabrics and other materials, is excluded.
      3. Damage caused by Customer, including by accident, misuse, or incorrect installation, is excluded.
      4. THIS APPLICABLE LIMITED WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS.
    11. WYNSTAN WILL HAVE NO LIABILITY UNDER ANY CIRCUMSTANCES FOR CONSEQUENTIAL, EXEMPLARY, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES EVEN IF WYNSTAN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE LIABILITY OF WYNSTAN, REGARDLESS OF THE BASIS OF THE CLAIM, WILL BE LIMITED TO THE CONSIDERATION ACTUALLY PAID HEREUNDER. THIS LIMIT OF LIABILITY IS A MATERIAL TERM OF THIS AGREEMENT AND WYNSTAN’S AGREEMENT TO PROVIDE ANY PRODUCT TO CUSTOMER IS DEPENDENT UPON ITS INCLUSION.
    12. WYNSTAN’S PRODUCTS DO NOT CAUSE AND CANNOT ELIMINATE OCCURRENCES OF THE EVENTS THEY MAY BE INTENDED TO AVERT, INCLUDING, BUT NOT LIMITED TO, BURGLARIES AND ROBBERIES. WYNSTAN MAKES NO GUARANTY OR WARRANTY, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, THAT THE PRODUCTS PROVIDED WILL AVERT SUCH INCIDENTS OR THEIR CONSEQUENCES. WYNSTAN DOES NOT UNDERTAKE ANY RISK THAT CUSTOMER OR CUSTOMER’S PROPERTY, OR THE PERSON OR PROPERTY OF OTHERS, MAY BE SUBJECT TO INJURY OR LOSS IF SUCH AN EVENT OCCURS. THE ALLOCATION OF SUCH RISK REMAINS WITH CUSTOMER, NOT WYNSTAN.
    13. Where (i) amounts due from Customer have been paid in full and (ii) Wynstan and Customer have agreed in writing, Wynstan will store Product(s) for Customer for up to thirty (30) days. Customer agrees that Wynstan, in its sole discretion, may charge storage fees to Customer if any such Product is stored by Wynstan for more than thirty (30) days.
    14. Wynstan is not responsible for Customer’s selection of products, colors, or fabrics. Variations of shade can occur in the manufacturing of Products and materials supplied for Products. Wynstan will make reasonable effort but cannot assume responsibility for variations in color or grain structure.
    15. Any date stated for completion of any work by Wynstan is stated in light of the circumstances existing when stated. Wynstan will not be responsible for delay, or failure, in completing such work, where such delay or failure is caused by circumstances beyond Wynstan’s control (including but not limited to transport strikes, industrial disputation, manufacturing or fabric delays, and weather).
    16. Unless otherwise agreed in writing and included in the Quotation, all work will be carried out during Wynstan’s normal working hours.
    17. Title to Products remains in Wynstan until Customer has paid in full all monies owing to Wynstan on any account.
    18. Wynstan will use its measurements for all Products. Wynstan will not install Products that do not fit where installed. Measurements shown in Product advertisements and displays are for example only, and may not necessarily represent the size of the finished Product for Customer. Wynstan will not be responsible for changes in length, shrinkage or dropping of Products or material, and Wynstan will not be liable in any way for loss or damage as a consequence thereof. Wynstan is not responsible for the structural imperfections of Customer’s home or other building. Any alterations to Products will be at Customer’s expense. Customer agrees to indemnify and hold harmless Wynstan and its affiliates from and against all damages, liabilities, losses, claims, costs, and expenses (including attorneys’ fees) arising from or related to Customer’s acts or omissions in modifying the Product(s), installing the Product(s), and/or adjusting the installation or intended use of the Product(s).
    19. Customer is responsible for (i) providing a suitable fixing point prior to installation and (ii) clearing items from in front of the installation area to allow three (3) feet of access to the area at the time of installation. A charge will apply if an installer is required to remove any existing coverings and neither Wynstan nor the installer will be liable for repair of any holes or chipping caused by removal of any such products. Installations of Products at a height over nine (9) feet may be subject to additional charges for scaffolding, high ladders and safety equipment.
    20. Customer may cancel any Order signed outside of a Wynstan showroom (“Cancellable Order”) by midnight of the third business day after the date of such Order (“Cancellation Period”) for a full refund of any amounts actually paid to Wynstan. Customer shall forfeit Customer’s deposit upon cancellation of any Order that is not a Cancellable Order, or any Cancellable Order after the Cancellation Period.
    21. Customer will have the right to inspect Product(s) upon installation. Customer’s execution of a completion form shall constitute an irrevocable acceptance of the Products. In the event Customer rejects any Products, it is agreed that the portion of Products rejected shall be returned to Wynstan immediately. Wynstan shall have the right in its discretion either to replace the rejected Products or to refund the purchase price applicable thereto.
    22. Customer (i) gives permission for pictures to be taken before, during, and after the installation and (ii) agrees that such pictures are the property of Wynstan and may be used for marketing purposes.
    23. If any one or more provisions hereof are held to be invalid or unenforceable, the validity and enforceability of the remaining provisions hereof shall not be affected
      thereby.
    24. The Quotation, these Conditions, and the Warranty and Care Guide (collectively, “Agreement”) constitute the entire agreement between Wynstan and Customer and may not be modified except by a writing signed by Wynstan and Customer.
    25. Customer may not assign this Agreement without Wynstan’s written consent.
    26. Any dispute, claim or controversy that cannot be resolved by Wynstan and Customer through good faith negotiations within thirty (30) days of the notification to the other party of the dispute will then, upon the written request of Wynstan or Customer, be resolved by binding arbitration conducted in accordance with the then effective rules of JAMS by a sole arbitrator. The arbitration will be conducted in Los Angeles County, California. Judgment upon the award rendered by the arbitrator may be entered by any court having jurisdiction.
    27. This Agreement shall be construed in accordance with the laws of the State of California, without regard to conflict of law principles.

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