Thank you for purchasing from Urban Evolutions, Inc. (“Urban Evolutions”). These Terms and Conditions apply to the sale of all Urban Evolutions’ products. Your purchase is your agreement to follow these Terms and Conditions and have them apply to you. We reserve the right to update or change these Terms and Conditions for future purchases.
RECLAIMED WOOD PRODUCTS
Reclaimed materials or products that originated from salvaged projects contain a variety of unique features. Wood is a natural material that varies in color, grain pattern, texture, and over-all appearance. While Urban Evolutions’ samples and product photos shown on our website are intended to represent a wide spectrum of various characteristics, they do not show all variations. Characteristics can be expected to vary from piece to piece.*Depending on the species of wood you order, wood characteristics may include, but are not limited to, checking, nail/knot holes, insect scarring, metal, gouges, wear marks, and staining (often around holes). Also, due to the nature of wood, small checks, surface impressions, warping and cupping may appear over time, particularly when subjected to climate conditions such as exposure to sunlight or seasonal variations in moisture, humidity and dryness. These small checks and surface imperfections as well as shrinking or swelling of the wood surface are not considered a defect.*Please contact your sales person if there are any characteristics you are concerned about.**Please see “Install and Environmental Conditions” section to review recommendations for best performance of wood materials.
PRICE QUOTES & PRODUCT SAMPLE AVAILABILITY
Price quotes & samples are valid for 30 days unless otherwise noted in writing by Urban Evolutions, and are subject to change.
Buyer is responsible for verifying the accuracy of the quantities, sizes and other information listed on your quote. Buyer must send a signed quote showing their acceptance. All terms and conditions contained in any purchase order previously or subsequently provided orally or in writing by Buyer, which are different from or in addition to the signed quote and these terms and conditions are hereby rejected and shall not be binding on Urban Evolutions, Inc. and Urban Evolutions, Inc. hereby objects thereto.*Please note, Urban Evolutions recommends ordering an additional 12%-20% of material to account for waste. *Where specific lengths are specified Urban Evolutions recommends ordering 6”-12” over to allow for field cutting.
A deposit of 50% of the total order amount is required to place an order (unless otherwise agreed to in writing). As all orders are custom, the deposit is NON-REFUNDABLE if you decide to cancel your order for any reason. Once your deposit and signed quote is received by Urban Evolutions, the quote/order is final, which means your order will begin production.Final payment is due in full before the shipment can be scheduled. Payment may be made by personal/company check, wire/ACH, or credit card (Visa, Master Card, or Discover).Buyer is responsible for any applicable taxes, city and state, unless they provide Urban Evolutions with a valid tax exemption ID number.
Lead times are normally 8-12 weeks, and are quoted based on our best information at the time of your quote. Actual lead time begins upon receipt of your deposit AND signed quote/order form (and PO number if required by Buyer). Urban Evolutions reserves the right to extend the production period if necessary.
Urban Evolutions will make all reasonable efforts to schedule shipment of your order on or before the date shown on your order. Shipping is subject to unavoidable delays caused by material shortages, strikes, accidents or other causes beyond our control. If you postpone the original shipment date by more than 21 days, and your order has been completed, you may be charged a storage fee.
SHIPMENT, RISK OF LOSS & ACCEPTANCE
All orders are FOB Seller’s origin, unless otherwise specified. Where products are quoted delivered or a shipping quote is provided, prices/shipping quote assumes that (a) Urban Evolutions retains the right to choose how, when and with whom the products are shipped; and (b) Buyer will furnish any equipment/manpower necessary to safely unload products at delivery location (if there is no loading dock the deliveries will be made curbside (hand unload) – customer is responsible for moving inside the home/business or to another location). Please let us know in advance if you have any special needs or preferences on how you would like the order shipped/delivered so we can give you an accurate quote. Failure to do so can result in additional fees. Delivery dates are estimated and Urban Evolutions will not be responsible for shipment delays caused by the carrier, your inability to accept the goods on the delivery date, or other causes beyond our control (force majeure). If you do not accept delivery on the date agreed upon with the shipping company, you will be subject to all applicable redelivery charges, storage fees and charges incurred for the cancelled delivery.Risk of loss and title transfers from Urban Evolutions to the Buyer upon delivery of the goods to the carrier for shipment. However, if your shipment was set up by Urban Evolutions, we will process on your behalf any claims against the carrier if your order is damaged or lost during shipment.The buyer is responsible for inspecting the products at the time of delivery and notify the carrier immediately of any damage, including concealed damage, which should be noted on the bill of lading. (We recommend taking photographs of the damaged merchandise). If the shipment does not conform to the invoice, you must notify Urban Evolutions within 72 hours of delivery. If neither of the foregoing steps is taken, the shipment will be deemed to have been accepted by the Buyer.
INSTALL & ENVIRONMENT CONDITIONS
All of Urban Evolutions’ wood products are guaranteed to be of good material and workmanship and free from defects that render it not fit for the use for which it is intended. The quality of Urban Evolutions’ wood products are safeguarded while in our possession. Our products must not be stored in damp warehouses, or placed in moist or freshly plastered buildings. Urban Evolutions’ wood products must not be subjected to abnormal heat or dryness. Permanent-type heat and air conditioning must be in operation for a sufficient length of time to “cure” the building before any of Urban Evolutions’ wood products are delivered or installed at the job site. (Temporary- type heat sources may create excessive dryness and can be a source of wood product problems and therefore should be avoided.) *It is critical to employ installers/contractors who are well versed and comply fully with their industry guidelines.*You and your contractor/installer are responsible for acclimating and installing the wood products in an appropriate environment. For most installations, we recommend a climatic temperature within 60 to 75 degrees Fahrenheit and 30% to 50% humidity level. Environments that do not meet these criteria would be considered non-compliant and will cause wood to experience shrinking and swelling issues that damage the product. We cannot guarantee our products performance in such environment.
In the event that you are not satisfied with an Urban Evolutions product, the following specific rules apply in determining return options:1. If a product is materially different from that described on a product specification sheet referenced by a signed proposal/agreement and Urban Evolutions is notified of the problem within 72 hours of product delivery, Urban Evolutions will, at its option:1a. Replace the product that does not conform to the specifications sheet; or1b. Refund the purchase price of the product that does not conform to the specification sheet.2. If a product is not materially different from that described on a signed proposal/agreement and Urban Evolutions is notified of the customer’s dissatisfaction within 72 hours of product shipment, handling depends on whether the product is a custom or standard product2a. Custom Products: cannot be returned.2b. Standard products: can be returned, subject to a 25% restocking fee (customer is responsible for returning product, in good condition, to Urban Evolutions.)3. Product return must be initiated no later than 72 hours after shipment is received.4. Products that have been processed or altered in any way cannot be returned.5. Installation of Urban Evolutions materials and/or products signifies its acceptance and that it conforms to the order specifications.6. All parties must be given a reasonable opportunity to investigate the reported problem before taking corrective action and to cure any reported problem.7. Urban Evolutions accepts no liability or responsibility for rejected and/or defective products other than the above- mentioned replacement of product or refund of purchase price.
Urban Evolutions warrants only that the products sold to Buyer are as described on our signed quote/order form. URBAN EVOLUTIONS MAKES NO OTHER WARRANTY, WHETHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY OR OF FITNESS FOR A PARTICULAR PURPOSE. Warranties are not transferrable. The products sold under this quote/order form are purchased by Buyer “AS IS” and Urban Evolutions makes no warranties or representations relative to the fitness of its products for a particular use or in a particular location. Urban Evolutions further makes no representation about likely yield percentages or waste factors for your use/application. It is the Buyers’ responsibility to verify the suitability of Urban Evolution’s’ products for your project and to determine appropriate quantities to order to account for yield/waste issues. Urban Evolutions does not represent its products to be free of characteristics including, but not limited to, checking, nail/knot holes, insect scarring, metal, gouges, wear marks and staining. Even when Urban Evolutions removes metal from and/or used a metal detector on an item, the customer is responsible for verifying that the material is fit for further processing or installation. Urban Evolutions accepts no liability or responsibility for damage, injury or harm to people and/or property resulting from the processing or use of Urban Evolutions’ products. We encourage you to physically inspect products before ordering them whenever possible.
LIMITATION OF LIABILITY & ACTION
It is understood and agreed that any liability of Urban Evolutions, whether in contract, under any warranty, or otherwise, shall not exceed the return of the amount of the purchase paid by Buyer and under no circumstances shall Urban Evolutions be liable for special, direct, indirect or consequential damages. Buyer acknowledges and agrees that the price quoted for Urban Evolutions’ Products is consideration for the limitation of Urban Evolutions’ liability. No action arising from the purchase of Urban Evolutions’ Products may be brought by Buyer more than one year after the shipment date of such Products.
In any action brought hereunder, the parties waive their right to a trial before a jury. The parties agree that the laws of the State of Wisconsin shall control in any dispute, and that such legal actions arising out of or related to the purchase and sale of Urban Evolutions’ Products shall be brought in Outagamie County, Wisconsin. Should litigation between Buyer and Urban Evolutions arise under the terms of any order, the prevailing party shall be entitled to Attorneys’ Fees and Expenses from the other party.