TERMS AND CONDITIONS OF SALE
The only warranties and guarantees provided by Portland Window Coverings are as expressly set forth in the Hunter Douglas Limited Warranty in effect on the date of purchase, a copy of which Customer acknowledges has been received. Portland Window Coverings disclaims all conditions, warranties, and guarantees that are not expressly set forth therein and any implied conditions, warranties, and/or guarantees, including, absent limitation, implied warranties of fitness for a particular use.
Please review https://help.hunterdouglas.com/s/article/Lifetime-Limited-Warranty for any questions about product warranty terms and conditions
2. RETURNS AND ORDER CANCELLATIONS
A. ALL CUSTOM PRODUCTS
All orders for custom products—may be canceled at no charge within 72 hours following the time the order is placed. After 72 hours following the time of the order, no cancellations, refunds, returns, or exchanges are permitted. If Customer purports to cancel an order for custom product(s) after 72 hours following the time the order is placed or does not pick up or accept delivery of the custom product(s), Customer shall forfeit the deposit to Portland Window Coverings and any right, interest, or title to the merchandise.
B. PRODUCTS SOLD “AS IS”, FINAL SALE
No cancellations, refunds, returns, or exchanges are permitted for products sold “AS IS” or as final sale. “AS IS” MERCHANDISE IS SOLD WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
A. Estimated delivery/Installation date is only an estimate of the approximate date the order is expected to arrive and is subject to change.
B. Provided Customer has given a minimum of 48 hours’ notice to Portland Window Coverings, Customer may arrange to pick up products weighing less than 50 pounds. All other products must be delivered/installed via our Premier In-Home Installation service.
C. Customer must accept delivery/installation of all merchandise within 30 days of notice to Customer of availability of merchandise (“Delivery Notice”). In addition to any other remedies available, if Customer has not accepted delivery, installation or picked up the merchandise for 90 days after Delivery Notice, Portland Window Coverings shall have the right, but not the obligation, to terminate this contract, resell or otherwise dispose of the product(s) and retain any amounts paid as damages for breach of this contract by Customer.
D. Delivery/Installation is subject to reasonable and safe access.
E. Absent notification from Customer to the contrary, Customer hereby authorizes Portland Window Coverings to charge any balance due to the credit card listed on the front side of this order form or to any credit card provided by Customer prior to delivery/install. Portland Window Coverings does not deliver or ship products C.O.D.
4. ADDITIONAL CHARGES
A. The sales tax amount on the front of this form is an estimate. Actual sales tax, determined at the time of delivery and charged at the rate then applicable to the delivery location or as otherwise prescribed by applicable sales and use tax laws and regulations, is Customer’s responsibility.
B. A $35.00 fee will be charged for any check returned for insufficient funds or stop payment.
C. A redelivery/install fee of $100.00 will be charged if (i) Customer is unable to or does not accept a scheduled delivery and a second delivery trip is required or (ii) if a scheduled delivery is canceled less than 48 hours prior to the scheduled time for the delivery.
D. Customer shall be responsible to arrange for storage or shall be charged a storage charge of 2% per month ($50 minimum) of the selling price of each item for all merchandise not delivered or picked up within 30 days following the Delivery Notice.
5. OTHER TERMS AND CONDITIONS
A. All clerical errors are subject to correction.
C. Promotional offers, sales, and/or discounts cannot be combined with each other or with any other offers, discounts, or promotions, unless expressly stated otherwise. Any refunds allowed pursuant to these Terms and Conditions will be reduced to reflect the value of any discounts or promotions applied to the merchandise at the time of purchase. Partial order cancellations may reduce or eliminate any promotional savings, sales, or discounts on other merchandise.
D. All returns or cancellations of purchases paid by cash or check (subject to collection) will be refunded by company check and require up to 4 weeks for processing. There will be no cash refunds. Payments made using a debit or credit card will be refunded to the same card used to purchase the items being returned.
E. Portland Window Coverings reserves, and Customer hereby grants and conveys to Portland Window Coverings, a purchase money security interest in all merchandise delivered/installed to or received by Customer until full payment for the merchandise has been received by Portland Window Coverings. Portland Window Coverings shall be entitled to all rights and remedies of a secured party, and Customer shall have all of the obligations and liabilities of a debtor, as set forth in the personal property security legislation and any other applicable laws of the jurisdiction whose laws govern this contract. Portland Window Coverings is entitled to immediate possession of the said merchandise upon default of payment.
F. These Terms and Conditions constitute the entire understanding and agreement of Customer and Portland Window Coverings with respect to the subject matter hereof and supersede all prior and contemporaneous agreements or understandings, inducements or conditions, express or implied, written or oral, between Customer and Portland Window Coverings with respect hereto.
G. Limitation of Liability: Portland Window Coverings maximum liability to Customer shall be limited to the amount that Customer paid for the merchandise. IN NO EVENT WILL PORTLAND WINDOW COVERINGS OR ITS SUPPLIERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES AS A RESULT OF PORTLAND WINDOW COVERINGS’ NON-PERFORMANCE OR INADEQUATE PERFORMANCE OF ITS OBLIGATIONS, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
H. Force Majeure: If by reason of act of God or force majeure such as fire, war, earthquake, strike, lock-out, labor controversy, pandemic, civil unrest, interruptions or delays in reasonably available means of transportation, acts of any government or its agencies or officers, or any order, regulation, or ruling thereof, Portland Window Coverings is prevented from making delivery/install of any order, Portland Window Coverings shall have the right to extend the delivery/install time for a reasonable period and/or cancel the order at its sole discretion.
I. Attorney Fees: In the event of any legal action in which Portland Window Coverings is the prevailing party, Portland Window Coverings shall be entitled to attorney fees, costs, and expenses where permissible by law.
J. Portland Window Coverings reserves the right, at its sole discretion, to repair or replace merchandise with items of like kind, age, and quality, and Customer acknowledges that such replacement or repair is Customer’s exclusive remedy.
K. Governing Law and Partial Invalidity: These Terms and Conditions are governed by the laws of the State of Oregon. If any provision of these Terms and Conditions is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remaining provisions will nevertheless continue in full force without being impaired or invalidated in any way.