TERMS AND CONDITIONS
The Terms and Conditions (Agreement) apply to the purchase of any and all products manufactured and sold by Backyard Accents, LLC. This includes showroom, home and garden shows, telephone and internet orders. By ordering the product/s, you accept and are bound to the terms and conditions of this agreement.
IMPORTANT INFORMATION ABOUT THESE TERMS AND CONDITIONS OF SALE:
THESE TERMS AND CONDITIONS OF SALE CONSTITUTE A BINDING CONTACT BETWEEN, YOU THE CUSTOMER AND BACKYARD ACCENTS, LLC. CUSTOMER ACCEPTS THESE TERMS AND CONDITIONS OF SALES BY MAKING A PURCHASE, PLACING AN ORDER EITHER VIA TELEPHONE, TRADE-SHOW/HOME SHOW, SHOWROOM OR INTERNET SALES.
This agreement may not be altered, supplemented or amended by the use of any other documents, unless agreed upon in writing and signed by Backyard Accents, LLC and the customer. All measurements, dimensions and orders must be provided to Backyard Accents, LLS before any manufacturing of production can begin. All orders must be authorized by purchasers’ signature and have a 50% paid down payment in order to send to our production department.
PAYMENT TERMS/ORDERS & QUOTES:
Payment terms are within Backyard Accents, LLC, sole discretion, and unless otherwise agreed upon by Backyard Accents, LLC, payments must be made at the time of purchase. Phone orders may be placed by either credit card or cashier’s checks only. If we do not receive 50% of the amount for the total payment due from your order, the order will not be sent to Backyard Accents, LLC’s production department for the building process, which will delay the shipping or delivery/installation date. The remaining balance of the total will be due upon shipping/delivery or installation. Home/Trade Show quotes are only valid for the maximum length of event time and subject to change based on inventory. Any order that is placed with a request to ship or be installed on a specific date will be required to place a non-refundable deposit on the day the order is placed in order to hold that product for the specified ship date. All orders are unable to specify a specific ship date.
We accept the following credit cards: Visa, MasterCard, American Express, and Discover. There is not a surcharge for using your credit card to make purchases. Please be sure to provide your exact billing address and telephone number (i.e. he address and phone number your credit card bank has on file for you). Incorrect information may cause a delay in processing your order. Your credit card will be billed 50% of the total on purchase agreement/contract upon date of purchase. The remaining balance is due upon delivery/installation.
Shipping and handling and/or delivery fee charges are an additional charge unless otherwise specifically noted at the time of the sale. All shipping and delivery fee charges are non-refundable. Backyard Accents, LLC offers three types of “SHIPPING” options; (1) Will Call at one of our shipping terminals, hub stations (which is the most cost effective way to accept delivery). (2) A Commercial business address. All of our carriers are set up for business deliveries, providing you have either a loading dock or fork lift to remove the shipment from the truck. Our shipping companies will not unload your product for you. (3) Residential/Lift-Gate delivery to your home address is also an option. The shipping companies will deliver your shipment to your driveway only; they will not bring it into your home or move it to your desired location. This is the most expensive due to the fact that the carrier must arrange for a specific delivery date and time. We do not guarantee any shipping times; although we will do our best to get the product to you as quickly as possible, sometimes factors occur beyond our control and may affect shipping times. If for any reason you cannot accept delivery of your shipment, after the order has shipped or has been installed, any and all re-delivery, installations, re-consignment and/or storage fees will be the consumer’s responsibility. These fees can be costly, so please be sure you can accept delivery. All final payments must be made on your order once it reaches its final destination, if it has not already been paid in full. All orders will ship 6-10 weeks from the date of purchase, provided the product ordered is in stock. Orders are not processed or shipped on Saturday, Sunday or Holidays. We cannot guarantee when an order will arrive. Consider any shipping or installation time offered to you by Backyard Accents, LLC or other parties only as an estimate.
FREE SHIPPING/DELIVERY INSTALLATION:
Free delivery installation or shipping only applies to orders confirmed by a Backyard Accents, LLC sales representative at the time of purchase. This offer is only valid on purchases that are specified as the above stated (option 1) shipping method that will be shipped to the local shipping terminal, hub station for customer pick-up. This offer is not valid on orders from Alaska, Hawaii or outside the U.S.
INSPECTION/DAMAGED MERCHANDISE (GOODS):
Backyard Accents, LLC carefully load and/or package your order, prior to shipping or delivery and although freight damage is rare, it can occasionally happen. Backyard Accents, LLC or its installers are not responsible for any unseen damages. The consumer, upon receiving possession of the Goods, shall have a reasonable opportunity to inspect the Goods to determine that all or a portion of the Goods are non-conforming, must provide written notification on the contract or delivery installation receipt and it must be signed by both parties. It is the consumer’s responsibility to make sure that no damage has occurred, prior to signing for your delivery. The consumer will have 24 hours from receipt of Goods to notify Backyard Accents, LLC, in writing. Failure to do so will hold Backyard Accents, LLC harmless of any claims. If excessive damage has occurred, the Goods should be refused at time of delivery or shipping attempt. We will send any parts required for documented freight damage. It is the consumer’s responsibility to return any defective/damaged part(s) to Backyard Accents, LLC. In order to ensure the return of defective/damaged part(s), the consumer will be charged. Once the consumer signs for delivery or shipment, the Goods become your property and any repairs or replacements requested beyond the stated timeframe without written notification will be the consumer’s responsibility.
DELIVERY TERMS/OUT OF STOCK ITEMS:
We will ship/deliver your product as it has been built and as components become available. We will make every effort at delivering/shipping your product within our normal 6-10 week production timeframe. However, there may be times when the components you have ordered are out of stock or a special order item, which will delay in fulfilling your delivery. We will keep you informed of any products that you have ordered that are out of stock and unavailable for our normal shipment or delivery installation schedule.
If you are unsatisfied with the components within your purchase and they are not considered a “special order”, you may return the item(s) in original re-salable condition, in the original unopened packaging for a refund within 30 days of the original purchase date. You will be credited (less 30% re-stocking fee and all shipping charges incurred) upon arrival, and inspection of the item(s) at our warehouse. The shipping charges to return the item(s) to us will be the purchaser’s responsibility. Please contact us for a return authorization prior to the return. Any “manufactured” orders, “floor models” and/or “Dent and Scratch” items are exempt from our Return policies as these are all final sales and items and are not returnable. All items authorized for return must be in salable condition. Merchandise must be in its original box. Merchandise must be unused. All merchandise not meeting the above criteria will be refused or returned to the consumer at the consumer’s expense.
Backyard Accents, LLC shall in no event be liable for any incidental, special or consequential damages of any nature, even if the consumer’s had been advised of the possibility of such damages. All repairs on manufactured item(s) will result in a Labor repair fee determined by Backyard Accents, LLC scheduled for that specific repair depending on the materials required to perform said repair.
Due to the fact that Backyard Accents, LLC does not manufacture any of the component products placed in the manufactured outdoor kitchens, fireplaces/pits/tables that we sell, we shall assume no liability arising from the use, misuse or improper operation of any component products purchased from us. We shall not be responsible for any amount other than that of the original purchase price of the component product in question.
Backyard Accents, LLC is NOT responsible for any utility, gas or electrical hook ups. We recommend that they be hooked up by a licensed contractor. This is the consumer’s responsibility and should NOT be scheduled the same day as delivery/installation. We install a 3-prong plug & play.
Once your order had been processed and sent to our production department for manufacturing, we are unable to accept any cancellations. If your order is a special order and has not been placed through a third party vendor, you may contact us at 1-877-882-2923 and “request” cancellation. Restrictions may apply for special order items.
These terms and conditions of sale and any further sales will be governed by the laws of the state of Arizona, without regard to conflicts of laws rules.
We reserve the right to add, change, or delete product selection at any time. Once an order has been processed, no price adjustments will be made. Backyard Accents, LLC is authorized by all its distributors to covert the fuel type of any product and Backyard Accents, LLC may substitute a specific model and convert the fuel type in order to fulfill the order, based on inventory needs.
TILE/NATURAL STONE DISCLAIMER & WARRANTY INFO:
Purchaser acknowledges that Natural stones vary in color, pattern and texture. The actual stone applied to the countertop delivered may differ from the sample shown. The purchaser acknowledges that additional stone order at a later date can be more costly and cannot be guaranteed to match the original stone. All countertops will be seamed or jointed as the tile/slab allows. Backyard Accents, LLC is solely responsible for seam placement in countertops and back splashes. Fewer seams may require more material and expense. Some materials are porous in nature and while highly resistant to staining and scratching can be subject to both. Backyard Accents, LLC makes no warranties implied or expressed as to the stain resistance or imperviousness of the products to scratching or chipping. It is the purchaser’s responsibility that all outdoor tiled countertops should be sealed. Normal wear and tear for the purposes intended will not cause scratches or staining. NOTE: Industrial environments are not considered “intended” applications. Purchaser acknowledges and releases Backyard Accents, LLC and installers from all liability for cracking or damage of material due to settling of the subsurface. Minor chipping of the material can occur during installation but is repairable on site. In the event chipping occurs, the extent of chipping and re-fabricating of any one piece is the sole discretion of Backyard Accents, LLC and must be done at the time of delivery & installation. Any repairs after time of delivery will be subject to a service fee that will be determined upon location and type of repair. The warranty and condition of sale is limited to normal wear and tear and does not cover damages resulting from misuse, abuse, prolonged exposure to liquid or oil, neglect, mishandling, unauthorized modification, structural failure, or damage that is considered an Act of God.
The parties will attempt to resolve any claim, or dispute or controversy (whether in contract, tort or otherwise) against Backyard Accents, LLC, it agents, employees, successors, assigns or affiliates arising out of or relating to this Agreement, Backyard Accents, LLC, Advertising, or any related purchase (a “Dispute”) through face to face negotiation with persons fully authorized to resolve the Dispute or through mediation utilizing a mutually agreeable mediator, rather than through litigation. If the parties are unable to resolve the Dispute through negotiation or mediation within a reasonable time after written notice from one party to the other that a Dispute exists, the Dispute will be settled by binding arbitration in accordance with the then current CPR Rules for Non-Administration. The arbitration hearing shall take place in Phoenix, Arizona and will be governed by the United States Federal Arbitration Act to the exclusion of any inconsistent state laws. Each party will bear its own cost of any legal representation, discovery, or research required to complete arbitration. The arbitrators shall render their award in writing and will include the findings of fact and conclusion of law upon which their award was based. Judgment upon the arbitration award may be entered in a court of competent jurisdiction. The existence or result of any negotiation, mediation or arbitration will be treated as confidential. Notwithstanding the foregoing, either party will have the right to obtain from a court of competent jurisdiction a temporary restraining order, preliminary injunction or other equitable relief to preserve the status quo or prevent irreparable harm, although the merits of the under lying dispute will be resolved in accordance with this paragraph.
ORDER ACCEPTANCE POLICY:
Your receipt of an electronic or other form of order confirmation does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. Backyard Accents, LLC reserves the right at any time after receipt of your order to accept or decline your order for any reason or to supply less that the quantity you ordered of any item.
This contract may be used by dealers who are owned and operated by third parties. All measurements, dimensions and orders must be provided to Backyard Accents, LLC before any manufacturing can begin. Any incorrect measurements or any delays cannot be overlooked, thus Backyard Accents, LLC will not be responsible or liable. Dealers/Customer acknowledges that we’re not responsible for the operation of or content located on or through the authorized dealer.
These conditions will supersede any terms and/or conditions you include with any contract/purchase order, regardless of whether Backyard Accents, LLC signs them or not. We reserve the right to make changes to this contract and these conditions at any time.
We keep your personal information private and secure. When you make a purchase, you provide your name, email address, credit card information, address, phone number, and signature. We use this information to process your orders.
Our store shall automatically charge and withhold applicable sales tax for orders to be delivered to addresses within the state of Arizona. For orders shipped to other states, you are solely responsible for all sales taxes or other taxes.
TYPOGRAPHICAL/THIRD PARTY ERRORS:
In the event a product is listed at an incorrect price due to written error, typographical error or error in pricing information received from our sales representatives, dealers and/or suppliers, Backyard Accents, LLC shall have the right to change, refuse or cancel any orders placed for product listed at the incorrect price. Backyard Accents, LLC shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order has been cancelled, Backyard Accents, LLC shall immediately issue a credit to your credit card account in the amount of the incorrect price.