These Terms and Conditions of Sale and Service apply to any product (each “Product”) Ordered or purchased from or through the website located at www.encompassshowerbases.com. (the “Website”) By using the Website to place any Order for any Product(s) (an “Order”) the Customer (“you”) (“Buyer”) hereby accept and agree to be bound by the Terms of Sale and Service, and they are a legally binding agreement between you and Sander and Sons, Inc. Encompass Shower Bases (“Sander and Sons”), (“Seller”).
Before you make payment on an Order you agree to verify and confirm all the detailed information that has been entered through the Order process. Once you initiate payment the Order becomes a binding offer to purchase Product(s) identified at the prices shown including any applicable sales taxes and shipping costs. Sander and Sons, Inc – Encompass Bases reserves the right, in its sole discretion, to cancel Orders or to limit quantities of any product purchases, with any Order, or an Order made by a particular customer or company. Orders cannot be made for the purposes of resale unless approved in writing by Sander and Sons. Should an Order be cancelled or Seller limits quantity of product, Seller will provide email notification to the email address or via other information located in your account. A refund will then be initiated for the amount owed via the original payment method.
Product Lead times
It is understood that custom products, especially high demand ones, make it difficult at times to maintain a consistent published Lead time from time of Order to product ship date. With unpredictable spikes in Orders being submitted at any given time it is near impossible to provide stable and short “Order to ship date” lead times. Therefore, the websites indicated lead time is a broad estimate of the time your base will take from time of order the ship date.
We ship the base(s) via FedEx LTL freight, we do not use any other carriers and will not take responsibility for shipping on any other carriers at this time. We will only ship to U.S addresses and Buyer agrees NOT to export or resell any Product purchased through the web site outside the United States. All shipments will default to “Residential” delivery. If you wish to have your base shipped to a “commercial” address, or want other nonstandard services, or do a pick-up at the nearest FedEx LTL freight location you can email us this request at least 4 days before your estimated ship date. Most often the shipping costs remain the same but if they increase from the original costs provided on the Order, we may delay the shipment until the additional charges are requested and paid for.
Once your Order is completed and paid, we will review the Order and you will receive a confirmation email. Once the base is in production you will receive an estimated ship date and estimated delivery date based upon a (4) day window. Delivery dates are typically 3 days from ship date. Once a ship date and Carriers expected delivery date is identified you will receive an email with this information. If you cannot accept deliver on the estimated date you must notify us via email within two days of an alternative delivery date. Proposed delivery date must be four days from the date of your notice to change. If we do not receive confirmation of any ship date we will not ship the product until we receive an agreed to ship and estimated delivery date.
The base will be shipped Palletized and within a commercial grade corrugated box. It is the customer responsibilities to refer to the original Order and confirm the shipment weight, then insure you have the appropriate personnel available to off load the truck at the time of delivery. You should receive a call from FedEx with an approximate 3-hour window for the delivery.
If at the time of delivery, no one is there to accept delivery and inspect the delivery or have to re-schedule a delivery with FedEx it is your responsibility to make other arrangements with Fed Ex and you will be responsible for any additional costs. It is understood that any added costs caused by or initiated by you with FedEx above the original shipping costs identified in your Order, may be charged back to your credit card or be invoiced separately, and you agree to pay. You may also request FedEx to hold your shipment and pick up the base at the respective FedEx LTL location and avoid added delivery costs. They may have a minimum timeframe that they will hold your shipment before added costs to store the shipment are charged to you.
Receiving Inspection, and Damage Claim Instructions
Although Sellers products are packaged very well, damage does at times occur with the shipments including internal damage not visible outside the packaging. The most critical part of a Damage Claim in avoiding personal financial loss, is in the hands of the Buyer. Thorough inspection and information collection at the receiving end of a Freight Shipment is critical.
NOTICE: At time of delivery and BEFORE the delivery carrier leaves, Buyer or Buyers designated receiver MUST take time to INSPECT the shipment for CONCEALED damage before Freight Carrier leaves the delivery site. If Buyer or Buyers designee accepting the delivery fails to THOROUGHLY INSPECT the shipment for DAMAGE, BUYER WILL BE SOLELY RESPONSIBLE FOR FILING A CLAIM AND WITHOUT SOUND PROOF OF DAMAGE CAUSED BY THE FREIGHT CARRIER BUYER MAY NOT BE COMPENSATED FOR ANY MONETARY LOSS OF THE PRODUCT SHIPPED OR THE COST OF SHIPPING.
BEFORE THE DELIVERY PERSON LEAVES
OPEN SHIPPING BOX AND THOROUGHLY INSPECT PRODUCT, IF DAMAGE IS FOUND MAKE A CLEAR NOTE DESCRIBING THE DAMAGE ON THE CARRIERS BILL OF LADING OR RELATED RECEIPT DOCUMENT, THEN MAKE AN EXACT COPY OF THIS DOCUMENT SO THAT THEY MATCH IF A CLAIM CAN BE FILED. IF YOU HAVE TO MAKE A DUPLICATE WRITTEN COPY, HAVE DRIVER PRINT AND SIGN BOTH DOCUMENTS, AND KEEP ONE.
TAKE PICTURES OF THE DAMAGE TO THE PRODUCT AND OF ALL THE PACKAGING MATERIALS. DO NOT THROW AWAY THE BOX, PALLET OR ANY OF THE PACKING MATERIALS UNTIL TOLD TO DO SO BY EMCOMPASS SHOWER BASE CLAIMS HANDLER. AFTER CLAIM FILING THE SHIPPING COMPANY WILL LIKELY SET AN APPOINTMENT WITH BUYER TO INSPECT THE DAMAGES AFTER THE CLAIM IS FILED.
WITHIN 48 HOURS BUYER MUST CALL ENCOMPASS SHOWER BASE AT 303-798-5547 OR SANDER AND SONS, INC. AT 303-347-1345 during normal business hours of 8:00 AM – 5:00 PM Mtn time or EMAIL to info@encompassShowers.com. AND REPORT THE DAMAGE SO A CLAIM PROCESS CAN BE INITIATED.
It is unfortunate for all parties involved when Freight Damages occur. Seller recognize(s) or acknowledges that it is important to file Damage Claims as soon as possible so that replacement Product can be manufactured and shipped without unnecessary delays. Seller will assume Damage Claim filing responsibility only after Buyer or its designated Receiver provides the following information collected at time of delivery. Within no less than 48 hours of receipt of damaged Freight, Please send the following to, info@encompassShowers.com OR email@example.com
- Duplicate copy of Freight Carrier receiving document, must include written detail describing any damage to the product on the inside of the packaging and written details describing any damage to the outside of applicable Pallet, Crate, Corrugated material, and Strapping.
- Pictures of damaged product while product within the packaging (when top of packaging is opened), and pictures of base once removed from the packaging.
- Pictures of the packaging. Do not destroy or dispose of any packaging until told to do so by Seller
Once Seller receives the above Document(s) and pictures of the damages to the product from you, Seller will review and contact Buyer if any additional information is required. Once Seller has adequate supporting information Seller will file the claim. Within a few days of filing Buyer may receive a call from the Freight Carrier to set an appointment for them to inspect the product damage and the packaging. Any delays with this inspection will further delay resolution. All claims will be resolved based upon the merits of the claim investigation by the Carrier.
In most cases once claim is officially filed it will take 5-7 business days to receive a final disposition of the claim. (If documentation and pictures are not adequate, an inspection may add additional processing time)
INSPECTION AND ACCEPTANCE
Following receipt of any Products, if Seller is not notified of any product shortages or damages within 48 hours Buyer shall be deemed to have irrevocably accepted any products not previously rejected or accepted by the customer. After acceptance, Buyer shall have no right to reject the products for any reason whatsoever or to revoke acceptance or rejection. Buyer shall have no right to request any change or modification to any product previously Ordered by Buyer or its representatives or cancel any Order without Seller’s prior written consent and payments to Seller for all charges, expense and reasonable profits owed to or incurred by Seller. Custom manufactured or fabricated products may not be canceled or returned, and no refund will be made. If Seller in its sole discretion permits buyer to return conforming products, the Buyer shall pay a restocking fee equal to 40% of the purchase price plus the cost of shipping.
Sander and Sons, Inc., warrants its manufactured solid surface Encompass shower base products to be free from defects in workmanship, subject to the limitations set forth in this Limited Warranty. This warranty covers these products under normal use and service for the purpose for which it was designed in a Residential environment for a period of three (3) years from the original proof of purchase date to the original owner or end user and is not transferable to a subsequent owner.
Sander and Sons, Inc., reserves the right to modify this Warranty at any time, but any such modification will not alter the warranty conditions in force at the time of the sale of a respective product.
This Limited Warranty covers the product for typical interior use in the United States. Labor charges incurred during any removal or installations are not included within this warranty.
Sander and Sons, Inc. will at its option, repair, replace or refund the purchase price of the product to the original purchaser if the Encompass Solid Surface product fails due to a manufacturing defect within the warranty period. Coverage under this Limited Warranty can be obtained by providing proof of the date and receipt of initial purchase and by providing a written description of the damage / failure and digital photograph of the products failure. Units opted for repair must be returned prepaid freight to Sander and Sons Inc. Replacement or repair shall not include any labor charges. Any new replacement or repair Warranty will be valid for the remaining warranty term. Sander and Sons, Inc. will ship to you, freight collect, the product that has been either, repaired and replaced under this Limited Warranty.
LIMITED WARRANTY DOES NOT COVER
Failures or damage caused by shipping and handling, normal wear and tear or lack of proper maintenance and cleaning.
Alterations or modifications to the product from its original design or use relocation or damage or failures due to physical abuse or unintended use.
Failures or damage caused by carelessness, negligence, abuse, misuse, misapplication, accident, improper installation or repair, alteration, freezing, shifting, lack of recommended maintenance, movement or settling of the original installed and adjoined surfaces, damage from chemical or natural corrosion, caulking, adhesive or accessory failures, flood, fire, accident, or other casualty, and bases used in high heat areas such as Steam Showers.
Failures, Issues, or losses relating to improper installation or use relating to local plumbing, electrical, or any other related local building codes and permitting requirements.
To the extent permitted by prevailing law, Implied Warranties, including those of merchantability and fitness for a particular purpose are limited to the duration of this warranty.
This Warranty does not cover any special, incidental or consequential damages, such as labor expenses, whether arising out of breach of warranty, breach of contract, tort, or otherwise. Any affirmation, representation, or warranty other than those contained in this warranty shall not be enforceable against Sander and Sons, Inc. or any other person. Any re-sale of display type units, are not warranted unless there is proof of purchase, they are not installed and can reasonably be inspected by Sander and Sons, Inc. prior to a proposed sale.
Non-residential or commercial applications
In addition to the conditions and limitations above, the warranty period for products sold and installed for commercial applications and environments is for (1) year from the original date of purchase by the builder, contractor, end user/owner, or dealer.
Product Return Policy
Our Website has an array of information available to assist in familiarizing Buyer with the Products during the Order process, to include a Frequently asked Questions page, Specification sheets on each base configuration, Section Drawings, Installation Guides, Installation Video, Product Testing, and materials Specification data. Review the applicable information related to your project.
Should Buyer have any questions about our Shower Base configurations Seller should contact our sales and technical staff to discuss your project, applications, and overview of the installation.
All shower base products are made to “Custom” sizes to meet each customer’s needs, therefore once an Order is placed and confirmed, Orders cannot be cancelled and are not returnable or refundable after receipt. Purchases samples are also not returnable. All sales are final.
Returns can be made as a result of in transit shipping damage, if buyer followed all the damage claim instructions below under “Shipping Policy”. If the Return instruction are not followed by Buyer or your designated receiver of the shipment and a Damage claim with the delivering Carrier (“Sellers Freight Carrier”) cannot be filed due to a lack of proper inspection by Buyer or their representative or a filing results in a denied claim, Seller will not accept a return of any product and no refund can be made. Under these conditions if you want to replace the Product, a new order must be placed on the Website with full payment for the Product including shipping.
MANUFACTURING ERROR; If the Product received by Buyer is not “as Ordered” per the Buyers Website Order on file and our confirmation records confirm an error in what was shipped regarding Product model, size, color, or options as Ordered Seller will replace the Product, including shipping at no charge. Seller will require customer to provide pictures and or other related support information about the Product to verify the error before Seller can approve and provide a replacement. Buyer agrees to cooperate and provide Seller with adequate information as deemed necessary to clearly prove the error. Once verified and approved by Seller, Seller will prioritize the internal Manufacture of the replacement Product, and the shipment will be on same carrier and priority as the original shipment.
PRODUCT DEFECT; If the Product is determined to be defective in workmanship or material the sole and exclusive remedy for merchandise alleged to be defective will be the replacement or repair of the merchandise subject to the Seller’s inspection and warranty. Buyer is required to provide pictures and or other related support information as requested by Seller for clear proof of defect, before we approve or disapprove of a replacement Product. If findings clearly prove a defect in manufacturing or material, and repairs are not found practical by Seller, Seller will, at our cost, prioritize the internal Manufacture of the replacement Product, and the shipment to Buyer will be on same carrier and priority as the original shipment. Prior to shipping replacement Product, Seller will request buyer to either return the defective base in the original shipment packaging via original Carrier at Sellers expense, or Seller will request Buyer to destroy the original base and provide adequate proof of such. Seller will provide the required shipping documents to Buyer for placement on the return shipment. No product returns will be accepted or paid for without a Return Material Authorization “RMA” from Seller.
REPLACEMENT PRODUCT RELATED TO FREIGHT DAMAGE
REPLACEMENT OPTION #1
Once a claim is filed including all required damage information listed in “Shipping Policy” above provided by Seller, a copy will be sent to the Buyer. Buyer will then initiate a Replacement order on the Encompass Web site for the exact specifications of the original base. Once payment and exact specifications are confirmed by Seller, Seller will initiate production of the replacement base with a Priority rush status. This status typically results in a ship date within 3 to 7 days depending upon the currents lead times. Once Seller receives claim resolution from Carrier a copy will be sent to the Buyer. Any claim payments once received from Carrier by the Seller will be refunded to Buyer up to the amount of the buyer’s initial order.
REPLACEMENT OPTION #2
Once a claim is filed including all required damage information listed in “Shipping Policy” above provided by Seller, a copy will be sent to the Buyer. Buyer and Seller will await a resolution of the claim by the freight carrier. No action will be taken by the Seller to replace the base until a notice of resolution is received by Seller from Freight Carrier. Once received, Seller will send copy of claim resolution to the Buyer. If claim is approved for full monetary costs of a replacement product, including shipping and packing costs to Seller, Buyer will have the option to request Seller to initiate the manufacture of a replacement base with a priority rush status, or, request a refund up to the amount of Buyers original Product purchase price.
If any Carrier claim filing is denied by Carrier as a result of a lack of enough documented proof of Damage provided by the Buyer of damage or related information from Buyer per this Shipping Policy, Buyer understands Seller is not obligated to provide any refund or replacement of any product.
If claim results in only a partial payment for damage or repair costs or other reasons, if due to insufficient proof of damage provided by Buyer, Seller will refund the full amount of the partial claim payment for repair to the Buyer and Buyer agrees to assume all repair responsibility.
If a claim is Denied by Carrier because of improper packaging by Seller, and enough documented proof of damage or related information was provided from Buyer per this Shipping Policy, Seller will expedite a replacement of same product as originally ordered at Sellers expense including packaging and re-shipping costs
Seller shall not be responsible for any losses or damages sustained by the Buyer or any other person as a result of improper installation, application or care and maintenance of products manufactured or sold. Buyer shall defend, indemnify and hold harmless Seller and its agents and employees from and against any loss, damage, claim, suit, liability, judgment or expense (including, without limitation, reasonable attorney’s fees and costs) arising out of or in connection with an injury, disease or death of persons (including, without limitation, Buyers employees and agents) or damage to or loss of any property or the environment, or violation of any applicable laws or regulations resulting from or in connection with the sale, transportation, installation, use or repair of the products by Buyer or of the information, designs, services or other work supplied to Buyer, whether caused by the concurrent and or contributory negligence of the Buyer, Seller, or any of their agents, employees or suppliers. The obligations, indemnities and covenants contained in this paragraph shall survive the consummation or termination of this transaction.
If Seller is unable to fulfill an Order due to events outside of its reasonable control, including but not limited to acts of God, fire, strike, lock out, labor controversy or shortage, civil unrest, unavailability of public infrastructure, unavailability of public telecommunications systems, war, terrorism, quarantine, change in applicable laws, or act of government, Sander and Sons reserves the right at its sole discretion, to extend the estimated delivery date to one which is reasonably practicable or to cancel the Order and offer a refund.
GOVERNING LAW AND SEVERABILITY
Any claim relating to any Order via this web site or by direct Order outside the website shall be governed by the laws of the State of Colorado without regard to its conflict of law provisions. In the event of a dispute between Buyer and Sander and Sons, Inc – Encompass Shower Bases, Buyer agrees to submit to the non-exclusive jurisdiction of the United States District Court for the District of Colorado in Denver, or the Arapahoe County District Court in Colorado. You hereby waive any right you may have to a trial by jury and the commencement of or participation in any class action against Sander and Sons, Inc., its affiliates, its distributors and / or its authorized dealers related to the Website, the Product, and/or the Ordering of the Product through the Website, and where applicable, you also agree to opt out of any class proceeding against Sander and Sons, Inc. This provision may not be enforceable pursuant to the laws in the jurisdiction in which you reside, and in such cases, the provision can be modified to comply with applicable law.
If any of provision or a portion of a provision of the Terms of Sale which is held by a court of competent jurisdiction to be illegal, invalid or unenforceable in such jurisdiction will, as to that jurisdiction, be ineffective to the extent so such illegality, invalidity, or un-enforceability and shall otherwise be enforced to the maximum extent permitted by law, all without effecting the remain provisions, (and the remaining enforceable portion of such provisions, if any) of these Terms of Sale or affecting the legality, validity, or enforceability of such provisions in any other jurisdiction.
If you have any questions about this “Terms and Conditions of Sale and Services” or practices of this site, or your dealings with this site, please contact us at: Info@EncompassShowers.com or firstname.lastname@example.org This document was last updated on August 19, 2019