ACCEPTANCE OF TERMS:
The terms of this purchase agreement constitute the agreement between the undersigned (the “Purchaser”) and US Commercial Gateway Inc. (“USCGTWY”) and supersede all prior oral and written statements regarding the order. No modification of the purchase order can be made. The purchase order is binding and final and making your initial deposit constitutes your acceptance of these terms. US Commercial Gateway Inc. does not accept refunds or returns for any products purchased by the purchaser from US Commercial Gateway Inc. or for installation completed halfway that was stopped upon client request. No orders made by the purchaser may be canceled in whole or in part. US Commercial Gateway Inc. will not be liable for any delays in delivery.
PAYMENT TERMS:
All orders are sold on a deposit or Cash Before Delivery (“CBD”) basis. For orders higher than $10,000 and upon exception approval, a 50% deposit is required at the time of the order. The balance of the payment owed including applicable taxes is due before the product is shipped and, in the event, that the product needs to be installed by USCGTWY, payment for such installation is due in whole prior to the installation taking place. If final payment is not made within ten (10) days following the issue of the final invoice, interest will be charged at the rate of 2% per month and added to your invoice.
By paying the invoice you confirm that you have read the present Terms and Conditions and agree to them. Your order will only be processed once we have received the payment as described above and you have confirmed with your sales agent the finalized list of all applicable material choices (frame finishes etc.), plant species & moss color choices (final approved design render). Estimated lead times for shipping and delivery are only considered once these items are received and processed.
PRESERVED PRODUCTS TERMS:
Colors, shapes, textures and size of naturally preserved elements used to create US Commercial Gateway Inc. products will contain variations and irregularities from products originally viewed in print, online, or on location. US Commercial Gateway Inc. cannot be liable if such naturally preserved elements once delivered, are not exactly the same as originally shown and explained. As with all living art, US Commercial Gateway Inc. also expresses the right to have some degree of artistic freedom. Designing with plants is a unique process that requires both experiences working with plants and a trained eye for design. You agree that such variations, irregularities and artistic freedom are acceptable. Nature is not a factory, nor is it a man-made product. It cannot be considered perfect as natural variations always exist.
As with many preserved natural products, there may be a smell associated with the product that is more or less prominent depending on the species of plant, the environment of the space and your own sensitivity to odors. The smell tends to fade upon a few weeks but some variables (ventilation, relative air humidity, sun exposure, etc) may be beyond USCGTWY’s control and can impact the smell dissipation and then US Commercial Gateway Inc. cannot be liable if the smell persists. Reindeer moss may become dry in a subsequently dry or cold environment (humidity under 35%), due to seasonal variations (Winter vs Summer) as well as due to man-made systems such as heaters and air conditioning. While this will not impact the look of the moss, it is best to leave the moss alone during this period (do not touch or water). The moss will become soft again once humidity levels return back to normal. It is recommended that all preserved moss and forest panels not be stored in boxes or confined spaces lacking airflow for longer than 4 weeks.
MAINTENANCE PROGRAM TERMS:
Our service plan includes a full warranty for all plants, for as long as you retain USCGTWY’s or one of US Commercial Gateway Inc. designated partner’s Maintenance Services. US Commercial Gateway Inc. will not be responsible for the full cost of plant or container replacement in the event of damage to either plants or containers caused by: (1) accidental or malicious damage by employees, janitorial staff, or other persons; (2) introduction of any liquids or other substances into plant’s soil or environment, such as cleaning chemicals, alcohol, any type of sprays or aerosols, sugary fluids, ammonia or the use of toxic gases such as strong chemicals from floor cleaning and stripping products or paint, inclusive of any substance poisonous to plants; (3) watering or other well-meaning care by any persons other than US Commercial Gateway Inc. or our subcontractor’s employees; (4) moving of any plants to different locations other than that initially specified without prior consultation and approval from USCGTWY (5) theft or removal of plants and/or containers by unknown parties; (6) extended heat or power failures of sufficient duration and/or lack of building heat or air conditioning to the extent that plant health is affected; (7) lowering of light levels below those originally specified or below those existing at the time of our initial quotation for the maintenance contract; and (8) any other damages that may be suffered by the Purchaser.
US Commercial Gateway Inc. only warranties the “organic content” of its products (living and preserved) when a maintenance contract is established and signed with the client. Major failures will require a thorough inspection of products and review of the environmental or physical circumstances surrounding the failure before any exchange or repair can be applied. Without a signed agreement with US Commercial Gateway Inc. or one of its designated partners, the client is fully responsible for the maintenance of its products. However, should there be any major plant failures within 14 days, please report these immediately to US Commercial Gateway Inc.so that we may inspect the system and ensure everything is working appropriately. Any chemical sprays or aerosols sprayed on preserved products will affect its dyed color and void any warranty.
If a maintenance contract is not signed with US Commercial Gateway Inc. or one of its representatives within 14 days following the installation, then plants may not be covered under the maintenance contract. If the site has not been prepared as specified (such as proper lighting for living walls), then the plants may not be covered under this maintenance contract.
The warranties set above do not apply to products modified, altered, or repaired by unauthorized personnel, or to products damaged during shipment or installation, or by accident, alteration, abuse, tampering, misuse, and misapplication, negligence by others, improper repair or maintenance, fire and/or other casualties. These warranties do not apply to defects in components not manufactured or supplied by USCGTWY.
It is a condition of this warranty that should your covered product show defects at any point, the buyer/property owner will notify US Commercial Gateway Inc.in writing within 5 business days after discovering the claimed defect and prior to beginning any repair or alterations. The notice must include a detailed description of the claimed defect, photograph(s) of the defect and proof of purchase. It is a further condition of this warranty that US Commercial Gateway Inc. will, within a reasonable period of its receipt of such notice, be permitted to inspect the claimed defect. If, after inspection, US Commercial Gateway Inc. determines that the claim is in accordance with the terms of this warranty, US Commercial Gateway Inc. will repair or replace the defective material or will refund the original purchase price of the defective material. The choice of remedy is in the manufacturer’s sole discretion. US Commercial Gateway Inc. will not be liable for labor and/or removal costs connected with the claim. In the event of repair or replacement, the original warranty shall apply to the repaired or replaced portion and will extend for the balance of the warranty period in effect at the time the material proved defective.
SHIPPING AND CLAIMS:
Delivery is not included if not quoted or under an announced free shipping option. US Commercial Gateway Inc. will not be liable for any delays in delivery that are out of their control. This includes Act of God, shipments being lost in transport, border inspections, or shipments being damaged during delivery. USCGTWY, however, will do its best to deliver goods in good order and within the lead time provided. The shipping date and delivery date on the purchase order is used as reference and to provide an approximate date of delivery. It is important that you carefully examine your shipment at time of the delivery to check the integrity of the delivered product. If any damages are observed, they will need to be immediately reported to the carrier and noted on the bill of lading before signing. US Commercial Gateway Inc. cannot be held responsible for damaged products if the shipment has not been properly checked at the time of delivery. Once a shipment is accepted by the client, US Commercial Gateway Inc. will not accept any returns. All claims for damages in shipping (including concealed damage), or loss of boxes must be filed with the shipping carrier within two (2) days of delivery.
Free Shipping promotion is only valid for shipping addresses in the United States excluding Alaska, Hawaii, US Virgin Islands, Puerto Rico, Guam, military and air force bases.
Any claim beyond damages occurring during deliveries must be made to US Commercial Gateway Inc.in writing via email at support@uscgtwy.com within three (3) business days after delivery. Failure to make a claim within this time will constitute acceptance of the merchandise and waiver of any shortages, damages, errors, or other claims. In certain cases, products may be held before the final payment is made. Once payment is completed, the products will be released and delivered.
GENERAL:
This Purchase Agreement shall be governed by the laws and jurisdiction of the District of Columbia.
If any provision of this Purchase Agreement is unenforceable or invalid for any reason whatever, such unenforceability or invalidity shall not affect the enforceability or validity of the remaining provisions of this Purchase Agreement and such provision shall be severable from the remainder of this Purchase Agreement.
Thank you for taking time to review this agreement. Please note that deposits are non- refundable. If you have any questions or concerns, please do not hesitate to contact your US Commercial Gateway Inc. representatives at support@uscgtwy.com or via mail at 2400 16th St NW Suite 534, Washington, DC 20009.