STUDIO SHED, LLC. Terms and Conditions
Payment, Cancellations, and Delivery
- Installed units: 40% deposit due at time of order, 50% before Shipment, and the remaining 10% due at installation. DIY kits: 40% due at time of order, 60% due before shipment/ receipt. Interest shall accrue on any past due sums at the lesser rate of 18% apr, or the highest interest rate allowed by law.
- Cancellations - Cancellations may be made within 48 hours of time of order. Any cancellation made after 48 hours of order date, and scheduled delivery date, may be subject to a minimum $1,500 cancellation fee. Sheds may be returned and are subject to a minimum 20% re-stocking fee plus any delivery charges.
- Shipping & Delivery – Shipping and delivery is handled through a certified freight company. Shed parts are packaged in a warehouse. Delivery details and options will be discussed and will be customized for client.
Please read the following carefully. The terms and conditions below apply to your purchase of the Studio Shed product(s) (collectively, the "Product") listed online (www.studio-shed.com) or any pricing provided to Customer(s) by any Studio Shed representative including email and verbal orders (hereafter referred to as Order(s) ). By purchasing the Product, you agree to be bound by the following terms and conditions:
1. ORDERS. Orders are not binding upon Studio Shed until accepted by Studio Shed in writing or online, including facsmilie and email. Studio Shed's acceptance of your Order is expressly conditioned upon your acceptance of the terms and conditions herein. Any additional or different terms or conditions contained in your Order or in any other correspondence shall be deemed objected to by Studio Shed and shall be of no force or effect, unless such terms and conditions are specifically agreed to in writing by Studio Shed.
2. PRICES AND QUOTATIONS. Unless specifically agreed to in advance by Studio Shed, all Product prices shall be Studio Shed's list prices in effect at the time of its receipt of your Order. The Price covers the Product, and applicable taxes. The Price assumes sound existing substructures, superstructure and points of attachments. The Price shall be increased by the cost and reasonable profit to Studio Shed of having to provide additional products, services, and/or Installation Services as a result of defective substructures, superstructures, or points of attachments or the existence of any other Undisclosed Condition (as defined in section "UNDISCLOSED CONDITIONS IN PREMISES" of these Terms and Conditions). In the event of an Undisclosed Condition or the foregoing, Customer will execute a change order or a new replacement contract upon Studio Shed request.
3. DELIVERY, INSTALLATION SERVICES, AND FORCE MAJEURE. Any and all shipping, delivery, and installation dates are estimates only, and Studio Shed in no way guarantees that the Product will be shipped, delivered, or installed in accordance with such estimates. Without limiting the generality of the foregoing, Studio Shed may delay delivery of the Product without any liability therefore as a result of any delay caused by events outside Studio Shed's reasonable control, including but not limited to work stoppages or other labor difficulties and inability to obtain necessary materials, components, labor, or manufacturing facilities, that would in any way impair Studio Shed's ability to deliver the Product in the quantities ordered at the prices quoted. If Customer chooses Studio Shed’s installation service (as opposed to “DIY” option) Customer authorizes Studio Shed on Customer’s behalf to (a) arrange for the Installation Services to be performed by an independent contractor (‘Certified Installer’) (licensed when legally required) (b) issue a work order to the Certified Installer to perform the Installation services, (c) have the Certified Installer’s work inspected, should Studio Shed in its discretion choose to do so (it being agreed that Studio Shed has no obligation to do so), and (d) pay the Certified Installer after the completion of the work and after receipt of a certificate, signed and dated by Customer, that the work has been satisfactorily completed (the ‘Certificate of Completion’). If customer is not available at the time of final inspection, and a signature from the Customer is not attainable within 20 minutes of completion, the Certified Installer will perform the walkthrough on behalf of customer. Customer understands that Studio Shed will rely upon the Certificate of Completion (walkthrough document) in paying the Certified Installer for the Installation Services. Customer payment to Studio Shed is due upon final walkthrough. CUSTOMER AGREES THAT THE CERTIFIED INSTALLER WILL PERFORM THE INSTALLATION SERVICES ACTING AS AN INDEPENDENT CONTRACTOR. Customer agrees that the Installation Services do not include architectural/engineering services, foundational work (including site preparation, or structural changes to the Premises or any other services beyond the ordinary and routine installation of the Product as specifically provided in the Contract. Customer is responsible, at Customer’s cost, for providing any necessary architectural/engineering services, foundational work, site preparation, or structural changes to the Premises or any other services not specifically identified in this Contract. Customer agrees that the Installation Services do not include lighting, electrical, steps, wheels, or assembly or installation services from Studio Shed or its delivery, unless noted otherwise. CUSTOMER AGREES TO PROVIDE STUDIO SHED WITH EXACT LOCATION REQUIREMENTS AND ORIENTATION FOR THE PURCHASED PRODUCT PRIOR TO INSTALLATION. IF THE LOCATION, ORIENTATION, OR ANYTHING ELSE RELATED TO THE PRODUCT CHANGES DURING INSTALLATION, THE CUSTOMER WILL BE RESPONSIBLE FOR ANY AND ALL CHARGES ASSOCIATED WITH THE ADDED INSTALLATION COSTS. CUSTOMER ALSO AGREES THAT IF THE AREA WHERE THE PRODUCT WILL BE INSTALLED IS NOT LEVEL (4" FOR FLOATING FLOOR SYSTEMS, 1/4" FOR CONCRETE INSTALLATIONS, THEN CSUTOMER WILL BE BILLED AT $75 / HOUR TO LEVEL THE AREA IN ORDER TO MEET THE PRODUCT STANDARDS.
4. SHIPMENT, TITLE, AND DO IT YOURSELF INSTALLATION. You are deemed to receive the Product when you pick up the Product from Studio Shed's warehouses or upon delivery of the Product to your delivery address on your Order. Studio Shed shall bear all risk of loss and casualty to the Product until such time as the Product has been received by you. You shall bear all risk of loss and casualty to the Product upon and after your receipt of the Product. If the Product is delivered to you at your delivery address, you are solely responsible for and will insure against loss or casualty incurred during and after the unloading process at such location. It is your responsibility to review the product upon receipt for any damages incurred during shipping, and before signing off with the delivery service. Upon signing the delivery papers, you are solely responsible for the product and any and all costs associated with the product. If customer ordered a "Do It Yourself" installation, customer acknowledges that they have building experience, including but not limited to carpentry, roofing, reading of archictural plans and manuals, and any other related items in the building and construction industry. If customer does not meet the aforementioned criteria, Studio Shed recommends hiring and working with a qualified invidivual. Studio Shed accepts no responsibility and will not be liable for anything related to a "DIY" installation.
5. CANCELLATIONS AND RETURNS. A Product may be returned only with the prior written authorization of Studio Shed, in Studio Shed's sole discretion. A return authorization number will be assigned to you by Studio Shed if Studio Shed authorizes a return. The return authorization number must be marked on the shipping container for the Product being returned. Any Product so returned shall be subject to a restocking fee of at minimum, 20%. You shall bear the risk of loss during shipment with respect to any such returned Product and shall be responsible for insuring the Product for its purchase price. Any Product returned to Studio Shed without prior authorization shall be returned to you, freight collect. Studio Shed may place in storage any Product for which shipment is delayed by your inability or unwillingness to pay for and receive the Product. Such storage by Studio Shed shall be for your account at your expense, and the Product so stored shall be at your risk while stored.
6. LIMITED WARRANTY. Studio Shed warrants to the original purchaser of the Product that, should there be any defects in the material or workmanship during the initial 12 months (one year) from your receipt of the Product, Studio Shed will repair or replace the defective component(s) at its option. You must notify Studio Shed of any claim of defects in the material or workmanship within one 12 months (one year) after your receipt of the Product. Said notice must be in writing, set forth specifically the basis for the claim, and include a photograph of the defect(s). The failure to satisfy the requirements above will constitute irrevocable acceptance of the Product. All warranty claim notices should be sent to Studio Shed, attention to General Manager, 95 S. 32nd Street, Boulder, CO 80305. This warranty gives you specific legal rights, and you may also have other rights which vary from state to state. Failure to follow the Construction Manual or any related instructions, and any abuse or misuse of the Product including unauthorized alterations, will void this Limited Warranty. Studio Shed is not responsible for damage caused by the location of the Product on or over inappropriate soils or terrain or by the use of improper replacement parts. Studio Shed assumes no responsibility and expressly disclaims all liabilities for damages due to misuse, neglect, improper maintenance or adjustments, and normal wear and tear of the Product. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT THE PRODUCT IS NOT DESIGNED OR INTENDED TO BE USED AS A RESIDENCE OR DWELLING. USE OF THE PRODUCT AS A RESIDENCE OR DWELLING MAY RESULT IN LOSS OF PROPERTY AND/OR SERIOUS INJURY. ANY USE OF THE PRODUCT AS A RESIDENCE OR DWELLING SHALL TERMINATE ANY AND ALL WARRANTIES HEREUNDER. YOU EXPRESSLY AGREE TO INDEMNIFY STUDIO SHED (PURSUANT TO SECTION 7 BELOW) FROM AND AGAINST ANY AND ALL DAMAGES, LIABILITIES, AND LOSSES ARISING FROM YOUR USE OF THE PRODUCT AS A RESIDENCE OR DWELLING. YOU ARE SOLELY RESPONSIBLE FOR OBTAINING ALL NECESSARY BUILDING PERMITS AND COMPLYING WITH ALL BUILDING AND/OR SAFETY CODES (IF APPLICABLE) IN THE INSTALLATION OF THE PRODUCT.
Studio Shed reserves the right to change and/or improve the design and/or specifications of the Product without notice or obligation to modify previously produced units. No installation or other instructions, advice, Product information, or marketing materials, whether oral or written, obtained by you at any time from Studio Shed or any vendor or retailer of Studio Shed Products shall create any Studio Shed express warranty not expressly stated in this Section.
STUDIO SHED MAKES NO EXPRESS WARRANTIES EXCEPT AS STATED IN THIS SECTION. ANY AND ALL EXPRESS OR IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, SHALL TERMINATE SIXTY (365) DAYS FROM YOUR RECEIPT OF THE PRODUCT. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
IN NO EVENT SHALL STUDIO SHED BE LIABLE FOR ANY CONSEQUENTIAL OR INCIDENTAL DAMAGES. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
7. UNDISCLOSED CONDITIONS IN PREMISES. If Certified Installer discovers any defect, weakness or dangerous condition including, but in no way limited to, un-level, not square, mold, mildew, rot, asbestos or infestation (‘Undisclosed Condition’) in the Premises structure, substructure, super-structure, or points of attachment, Customer must remedy the Undisclosed Condition at Customer’s sole cost and expense and to Studio Shed sole satisfaction. If Customer refuses to permit inspection of the Premises as set forth below, Studio Shed may terminate or rescind this Contract without remedy or recourse by, or further obligation to Customer, except as expressly provided below. If Customer and Studio Shed disagree as to whether an Undisclosed Condition exists, Studio Shed may in its sole discretion obtain the services of an inspector to inspect the Premises at Studio Shed sole cost and expense, and if Studio Shed chooses to do so, such inspector’s report shall be final and conclusive as to whether an Undisclosed Condition exists. In the event of any Undisclosed Condition that Customer does not remedy to Studio Shed sole satisfaction, or any failure by Customer to perform any other obligation of Customer under this Contract, then at Studio Shed option 1) Studio Shed may rescind this Contract and return the Price to Customer without further cost or obligation by either Customer or Studio Shed if Studio Shed notifies Customer of its election to rescind this Contract prior to the earlier of delivery of the Products and the Certified Studio Shed Installer beginning performance of the Installation Services, or (2) Studio Shed may terminate this Contract without remedy or recourse by, or further obligation to Customer, except as expressly provided below if Studio Shed notifies Customer of its election to terminate this Contract after the earlier of delivery of the Products and the Certified Studio Shed Installer beginning performance of the Installation Services. In the event that Studio Shed terminates the Contract as provided in this Section, then Customer may return the Products (other than Products that have been ‘custom-made’)in their original, unopened condition, to Studio Shed for a refund or credit. Any such return must be made within 30 days after Studio Shed terminates this Contract. Customer will be charged a 20% restocking fee on any such returns. Products not in their original, unopened condition, and custom-made products, may not be returned. ‘Custom Made’ products include products that have been uniquely altered, color-matched, shaped, sized, cut or otherwise designed or fitted to accommodate the requirements of a particular space or environment. Examples of custom-made products include, but are not limited to cabinets, countertops, floor and wall covering, and window treatments. If Studio Shed terminates this Contract as provided herein, Studio Shed shall have no obligation to refund any portion of the Price (except as expressly provided herein) and shall have no obligation to restore the Premises to their original condition.
8. INDEMNIFICATION. You agree to defend, with counsel approved by Studio Shed, all actions against Studio Shed, its officers, directors, managers, shareholders, members, employees, agents, beneficiaries, successors, and other representatives (the "Indemnified Parties") with respect to, and to pay, protect, and indemnify and save harmless all Indemnified Parties from and against, any and all liabilities, losses, damages, costs, expenses (including reasonable attorneys' fees and expenses), causes of action, suits, claims, demands, or judgments of any nature arising from or relating to the injury to or death of any person, or damage to or loss of property, caused by or incurred in connection with your use or misuse of the Product.
9. CUSTOMER’S RESPONSBILITIES. Customer acknowledges that their site is free and clear of debris. Customer acknowledges that, if the Product will be installed on a concrete slab, that the concrete slab is both square and level within 1/4" of an inch. If the slab is not square and/ or out of level by more than 1/4", Customer will be billed at an hourly rate of $75 for any added labor time resulting from the said slab being out of level, or, not install said Product until the concrete foundation is level and square. Customer acknowledges that, if installation will be on a floating floor, that the area the floor will be constructed on is level within 4". If the area where the floating floor is to be installed is out of level more than 4", customer will be billed at $75 per hour for the certified installer to level the said area. Customer agrees to pay Studio Shed according to these Terms and Conditions. Customer agrees to facilitate the location of utility lines. Customer is responsible for identifying property lines. Customer agrees to provide Studio Shed with exact location and orientation for Product. Customer agrees to not impede the delivery of the product, including but not limited to cars, objects or any other personal property. Customer agrees to ensure that work area are free of vermin and pre-existing physical or environmental hazards, and building/zoning code violations. Customer agrees to provide the Certified Studio Shed Installer with access to work areas during working hours and to provide access to sanitary facilities or to pay the rental costs for such facilities. Customer agrees to ensure that any security system at the Premises will not interfere with performance of the Installation Services. Customer agrees to provide power to, as applicable, climate control in, the work areas. If power is not available within 150 feet of the installation site, custome will be billed $300 for the use of a generator to supply power. Customer agrees not to allow unattended minors at the Premises while the Certified Studio Shed Installer is present. Customer agrees to control and keep pets away from work areas. Customer agrees to keep posted permits on display at all times. Customer agrees that if Customer or anyone Customer controls interferes with or delays performance of the Installation Services, Customer may be subject o Transportation/storage charges or other resulting charges. Customer agrees not to assign or transfer this Contract. Customer agrees that any claim against Studio Shed or the Certified Installer under this Contract should be made to Studio Shed within thirty (30) calendar days of the date the Customer first becomes aware of a problem. Studio Shed will attempt resolution of any claim(s) within sixty (60) calendar days of receiving Customer’s notice. CUSTOMER ASSUMES THE RISK AND THE FULL LIABILITY OF PHYSICALLY ASSISTING WITH DELIVERY OF THE PRODUCT OR WITH PERFORMANCE OF THE INSTALLATION SERVICES.
10. TRADEMARKS AND TRADENAMES. You acknowledge and agree that all brand names, trade names, and trademarks incorporated onto or associated with the Product (collectively, the "Marks") purchased hereunder are the exclusive property of Studio Shed and that you shall not acquire any rights in any of the Marks by purchasing the Product. You shall not make any use of the Marks at any time except as otherwise authorized in writing by Studio Shed.
11. PROPRIETARY INFORMATION/NONDISCLOSURE. You acknowledge and agree that any knowledge or information, including drawings, designs, specifications, plans, and data, that Studio Shed may have disclosed or may hereafter disclose to you incident to the placing and filling of an order shall, at all times, remain the exclusive property of Studio Shed, and you shall acquire no interest in, or right with respect to, such proprietary information unless otherwise stated in writing by Studio Shed. You further acknowledge and agree that such proprietary information constitutes valuable, special, and unique business assets of Studio Shed and that you shall not now or at any time in the future use any such information in any manner or disclose any such information to any person or entity, except as expressly permitted in writing by Studio Shed.
12. GOVERNING LAW AND JURISDICTION. THESE TERMS AND CONDITIONS AND ANY SALES HEREUNDER SHALL BE GOVERNED BY THE LAWS OF THE STATE OF COLORADO, WITHOUT REGARD TO CONFLICTS OF LAWS RULES. THE LOCAL, STATE, AND/OR FEDERAL COURTS LOCATED IN BOULDER COUNTY, COLORADO SHALL HAVE EXCLUSIVE JURISDICTION UNDER THESE TERMS AND CONDITIONS.
13. ENTIRE AGREEMENT. These terms and conditions constitute the parties' entire agreement relating to the subject matter hereof and supersedes all prior or contemporaneous oral or written communications, proposals, and representations with respect to such subject matter. No modification to these terms and conditions will be binding unless in writing and signed by each party.
14. NO WAIVER. No waiver of any provision of these terms and conditions or delay by either party in enforcement of any right hereunder shall be construed as a continuing waiver or create an expectation of non-enforcement of that or any other provision or right.
15. SEVERABILITY. In the event any provision herein should be held unenforceable by a court of competent jurisdiction, such court is hereby authorized to amend such provision so that it will be enforceable to the fullest extent permitted by law, and all remaining provisions shall continue in full force without being affected, impaired, or invalidated thereby in any way.
I hereby agree to order the Studio Shed product, "product", at the stated costs and have read and agree to the TERMS AND CONDITIONS, incorporated herein under this reference. I understand I am solely responsible for all building permits, zoning, planning, ILC's (improvement location certificates), building and/or safety codes, and foundational preparation (if applicable) in the installation of the product on my residential and/or commercial property. I understand that Studio Shed reserves the right to change, discontinue or substitute materials. I understand that the Studio Shed delivered will consist of all floor (unless buyer states otherwise), wall, door, and roof parts and pieces, as well as fasteners, but not include any foundational, lighting, electrical, steps, wheels, assembly or installation services from Studio Shed or its delivery personnel, unless otherwise stated.