LaCantina Doors, Inc. (“LCD”)
Buyer confirms having read and accepts our terms and conditions when placing an order with LaCantina Doors.
Quotes and Orders
Quotes are valid for thirty (30) days. We may re-price an expired quote and reserve the right to change prices without notice. Changes to product specifications require an updated quote. Buyer shall verify the accuracy and completeness of order documents and we are not responsible for additional items omitted from the order documents signed by the Buyer whether implied or otherwise suggested.
All orders are placed with, and accepted by, LaCantina Doors Corporate Headquarters (LaCantina HQ). The following are required by LaCantina HQ to place an order: Signed and dated Order Package, including Order Forms and Order Contract; receipt of required payment; and acceptance of order by LaCantina HQ. The Order Form outlines the specifications of each door system to be manufactured. Check sizes and specifications on the Order Form(s) carefully and agree to your Order Contract. Any mistake not corrected is the Buyer's responsibility. Shop drawings are provided for custom orders only, as determined by LaCantina. Orders can be changed or cancelled only with our consent. If the order is changed or cancelled after release for production the change or cancellation fee will be based on manufacturing costs incurred, including reasonable mark-up for overhead and profit as determined by us. Any purchase orders issued by the Buyer are informational only and are not binding upon LaCantina. The terms of this agreement shall supersede any provisions of a Buyer's purchase order.
Payment and Terms
Unless otherwise agreed by us in writing, payment of an amount totaling 65% of the total purchase price shall accompany the Order Contract, with the balance of the purchase price due and payable before shipment of the product to the Buyer. A payment of 10% of the total purchase price is required for shop drawings requested in advance of final Order Package, and is part of the initial 65% payment required to place an order. All order contracts and payments are to be received by LaCantina HQ. We reserve the right to withhold release of product until funds clear the bank. Buyer agrees to pay a finance charge of 1.5% per month (an annual percentage rate of 18%) or maximum rate allowed by law on all amounts more than thirty (30) days past due.
Upon acceptance of the product, Buyer shall grant to LaCantina a purchase money security interest in the product to secure the amount of any unpaid portion of the purchase price. This agreement shall constitute the security agreement required by the Uniform Commercial Code. Each party agrees to execute promptly any financing statement required to perfect and protect the interests of the other party. In the event Buyer becomes insolvent or breaches any provisions hereof, we shall have the right to stop delivery of the product whether the product remains in the possession of LaCantina, or any common carrier. In the event Buyer becomes insolvent or breaches any provisions hereof, and the product has been delivered to Buyer, we may reclaim possession of the product from Buyer. If any portion of the purchase price is not paid by the buyer, we may place a mechanic's lien on the subject property, for amounts owing and other damages and costs allowed by law. Buyer acknowledges that the placement of a mechanic's lien on the subject property may lead to the loss, to the owner, of the subject property through court foreclosure proceedings. If collection action is necessary, customer shall pay all associated collection agency costs and legal fees. We collect sales taxes that apply to a customer's shipment. For resellers a current signed resale card must be on file or sales tax will be charged. The customer will pay any taxes not invoiced.
Delivery, Title and Risk of Loss
Date of shipment provided is an estimate only. We shall make every reasonable effort to meet shipment date communicated, but will not be liable for failure to ship on such date. Storage fees apply for shipments deferred at customer's request for more than fifteen (15) days.
All deliveries are curbside service only and require help unloading, and may require removal of exterior packaging materials and carrying door panels and frame components off the truck to a suitable location on site. Doors and frames are shipped in a knocked-down format for jobsite assembly and installation. Door panels and frame components are heavy and care should be taken. Product is generally shipped via common carrier.
Buyer agrees to inspect the product immediately upon receipt and document any damages with the delivery truck. Buyer agrees to notify LaCantina Customer Service Department immediately in writing if the product is damaged from shipping and provide proper documentation, or if product is not in conformity with the specifications of the Order Contract. Buyer's failure to notify us within five (5) days of such delivery shall be deemed an acceptance of the product by Buyer. Receipt of freight damaged product does not absolve customer of full payment for the product.
Title to products passes to Buyer on shipment from our facility. Loss or damage that occurs during shipping by a carrier selected by us is our responsibility. Loss or damage that occurs during shipping by a carrier selected by you is your responsibility.
Installation and Maintenance
Our products must be stored, installed, maintained, repaired, and used in accordance with acceptable good trade practice and our supplied instructions to prevent damage and maintain our Limited Warranty. A copy of the Limited Warranty and further Installation and Maintenance Requirements are available for review at www.lacantinadoors.com. LaCantina Doors are a specialty product that you cannot assume to be a standard installation of a typical door or window. We are not liable for any defects or problems related to installation.
Our pricing does not include any post-shipment services such as installation, finishing or non-warranty service. Buyer or consumer has full responsibility for this work. Product installation or service work should only be performed by a suitably experienced and licensed professional. We may provide to buyer contact information of trained and qualified installers as a courtesy to Buyer and for information purposes. Buyer acknowledges that these installers are independent of LaCantina and hereby releases LaCantina from any and all liability associated with the installation.
Wood items are supplied unfinished. Product shall be protected from moisture and excessive dryness and wood items must be finished within seven (7) days after jobsite delivery. Normal and regular maintenance is required to maintain the appearance and extend the finish life and maintain proper operation.
Limited Warranty and Disclaimer of Implied Warranties
Our warranty is limited only to the published Limited Warranty in effect on the date of purchase. A copy of this Limited Warranty is available for review at www.lacantinadoors.com. Buyer agrees that they have read the Limited Warranty, understand it and are bound by its terms and agrees to provide the Limited Warranty to the original owner of the structure into which the product is installed.
Our express limited warranty sets forth our maximum liability for our products. No one is authorized to modify or expand this express limited warranty. The absolute limit of our liability is the product purchase price from LaCantina. We shall not be liable for special, indirect, consequential, incidental, or punitive damages of any kind and all such claims are waived to the fullest extent permitted by applicable law. Your sole or exclusive remedy with respect to any and all losses and damages resulting from any cause whatsoever as specified herein. All LaCantina product is sold `as is' and as such LaCantina disclaims any and all implied warranties. We make no other warranty or guarantee, either express or implied, including implied warranties of merchantability and of fitness for a particular purpose to the original purchaser or to any subsequent user of the product, except as expressly contained herein. The entire risk as to the quality and performance of the goods is with the buyer. In the event state or provincial law precludes exclusion or limitation of implied warranties, the duration of any such warranties shall be no longer than, and the time and manner of presenting any claim thereon shall be the same as, that provided in the express warranty stated herein.
We have tested some of our products for air leakage, water penetration, and structural loading to determine the performance level for the systems. Results of testing are available from us. However, different systems, different sills, sizes and configurations within a system can give varying results. Also, not all systems and variations in a system have been tested. Buyer understands that water rating is relative and even the highest rated door might leak under severe, unusual, or unforeseen climatic conditions. Performance may also be affected by improper installation and use. Buyer is responsible for evaluating site conditions and selecting a suitable system. We therefore disclaim, and buyer releases us from, any claims for air leakage, water penetration, or structural loading that might arise subsequent to installation of the product.
Building Codes, Engineering and Design Considerations
As regulations governing the use of windows and doors vary widely, it is the sole responsibility of the architect, building owner, contractor and/or consumer to insure that the products and options selected conform to all applicable codes and regulations, including federal, state and local. We disclaim any and all responsibility or liability for these obligations, and Buyer releases and discharges us from each and all of these obligations, and from any related liability. The structural integrity of the header and/or overhead support is critical for proper operation. Among other factors, the deflection under full live and deal loads should be less than 3/16”. Consult with a registered architect and engineer. We reserve the right to improve products, make changes in specifications, designs and options without prior notice and without incurring obligation.
Other Terms
This agreement shall be governed by the provisions of the Uniform Building Code, as adopted in California into the California Commercial Code. LaCantina and Buyer agree to submit any dispute in either the state or federal courts in San Diego, California. Unless agreed to explicitly in writing, all terms, outlined above, shall govern the sale of our products.