This Sales Agreement (hereinafter referred to as the “Agreement“) is entered into on _____________________________ (the “Effective Date“), by and between AVANT DOORS LLC, a Texas limited liability company, with an address of 143 Rhapsody, San Antonio, Texas 78216, (hereinafter referred to as the “Seller“) and the Buyer ___________________________________________________________, with an address of __________________________________________________________________________, (hereinafter referred to as the “Buyer“) (collectively referred to as the “Parties“).
Seller agrees to sell Goods to Buyer in “AS IS” condition;
Buyer agrees to buy Seller’s Goods in “AS IS” condition;
Seller and Buyer agree that the Goods are specially manufactured doors and that all sales are final unless express provision is made to the contrary in this Agreement.
Seller and Buyer agree that they are, each, authorized to enter into this Agreement and that this Sales Agreement and all of its terms will apply to all dealings between the Seller and the Buyer regarding this purchase. This Agreement is not assignable unless such assignment is approved in writing and signed by both Parties.
Seller agrees to sell, convey, assign, and transfer to the Buyer are listed below with their quantity (hereinafter referred to as the “Goods”).
Item 1: _____________________________________________________________________
__________________________________________________________________________
Item 2: _____________________________________________________________________
___________________________________________________________________________
The Seller agrees to sell the Goods to the Buyer for the amount of $________________. The Seller will provide an invoice to the Buyer at the time of the delivery.
All invoices are required to be paid in full prior to delivery unless different arrangements are made between the Seller and the Buyer in a separate writing signed by both Parties.
Seller is required by law to collect and remit sales tax to the State of Texas. If Buyer claims a tax-exempt status, Buyer is required to obtain a State of Texas tax exemption form. This form must be in Seller’s possession, properly completed, and signed by the Buyer or the Buyer’s authorized representative.
Seller is currently accepting payments made with cash, check, credit card, debit card, or bank wire transfer. All purchases made by any method other than cash must clear the Buyer’s financial institution before they are shipped. Seller is not responsible for any loss or damages caused by the waiting period delay resulting from Buyer’s payment method.
Buyer’s credit card will not be billed without Buyer’s approval. If Seller determines that additional charges are necessary, Buyer will be notified and Buyer’s order will not ship without Buyer’s approval and payment.
Seller does not ship orders C.O.D.
Seller and Buyer agree that TIME IS NOT OF THE ESSENCE regarding delivery time and shipping time for the Goods, unless the Seller and Buyer have agreed in a different Agreement signed by the parties.
The Goods will be delivered to the location specified by the Buyer.
The shipping method will be decided by the Buyer and the Buyer will be responsible for the costs of the shipment.
The Goods will be shipped F.O.B. Seller’s shipping location. Buyer will designate the address of the delivery location for the Goods to Seller. Buyer will provide the name of the carrier, the Buyer’s account number with carrier, and carrier’s address to Seller within fifteen (15) days after the signing of this Agreement. Buyer may designate the Seller to select the carrier, but Buyer will remain responsible for all shipping costs.
The risk of loss or damage for the Goods will be on the Seller until the Goods pass upon delivery to the carrier.
The Title of the Goods will also remain with the Seller until the Goods pass upon delivery to the carrier.
At the time of delivery of the Goods to the carrier by the Seller, the risk of loss or damage for the Goods and the title of the Goods will pass to the Buyer.
The Seller will not be liable or be held liable to the Buyer for any delay that may occur. The Seller will not be responsible for any failure to perform caused by a third party or any other circumstances out of Seller’s control as well as delays caused by Acts of God. Seller will make its best effort to ship the Goods on time, but Seller cannot and does not guarantee the date of delivery to Buyer. Seller will notify the Buyer immediately upon realization that it will not be able to deliver the Goods as promised. Upon such notice of delay or non-performance, either Party may unilaterally terminate this Agreement without the consent of the other Party.
Immediately upon receipt of the Goods and, if possible, before accepting them from the carrier, Buyer agrees that it shall inspect the Goods. Buyer shall promptly notify Seller in writing of any claims regarding the order, including but not limited to shipping errors, shortages, defects, or damages. Buyer shall immediately report this to Seller by email to Seller at: info@avantdoors.com. Buyer shall include photos and note all damages in Buyer’s report. Buyer shall hold the Goods and follow the written instructions concerning disposition or return. Buyer herein acknowledges that the written instructions are contained in EXHIBIT B, which is attached hereto, made a part of this Agreement, and incorporated herein wholly by reference. If Buyer fails to notify Seller of any damages or problems with the Goods within three (3) days after receipt of Goods, such failure shall constitute a waiver of Buyer’s rights of inspection and rejection. Failure by the Buyer to report damages or problems with the Goods within the contractually allotted 3-day period shall conclusively be deemed as an admission and confirmation by the Buyer that the Goods conform to the terms of this Agreement and the Goods will be deemed as being irrevocably accepted by the Buyer. Buyer agrees that such failure to notify Seller shall be deemed an admission and consent to Buyer’s financial institution that Seller is entitled to the payment received by Seller and Buyer’s payment to Seller is non-refundable to the Buyer. If the Buyer fails or refuses to take delivery of the Goods or fails to give Seller adequate delivery instructions at the time stated for delivery, otherwise than by reason of any cause beyond the Buyer’s reasonable control or by reason of Seller’s fault, then, without prejudice to any other right or remedy available to Seller, the Seller may store Goods until actual delivery and charge the Buyer for all reasonable costs, including insurance and storage; or, Buyer may sell the Goods at the best price readily obtainable and (after deducting all reasonable storage and selling expenses) charge the shortfall to the credit card account authorized by the Buyer or account to the Buyer for the excess over the price charged to the Buyer.
The information which Buyer provides to Seller in purchasing the Goods will be used to verify any payments from financial institutions. If Buyer provides Seller with wrong or incorrect information, it could delay Buyer’s order and may have an effect on the final shipping date. Buyer agrees to cooperate with Seller if additional information is required. Seller will not be responsible for any damages or consequences resulting from this delay and will not be responsible for any direct, indirect, incidental, special or consequential damages and/or expenses resulting from this delay.
Orders in which insufficient information cannot be verified may be cancelled at Seller’s option. Seller reserves the right to cancel any order under this Agreement if Buyer violates any of the terms of this provision. Seller will notify Buyer in writing of any cancellation.
Except as expressly set forth in this Agreement, the Seller and Buyer acknowledge and agree that the Goods are provided “AS IS.”
Except for any warranties set forth herein, neither party makes any representations or grants any warranties, express or implied, either in fact or by operation of law, by statute or otherwise, and each party specifically disclaims any other warranties, whether written or oral, or express or implied, including any warranty of quality, merchantability, or fitness for a particular use or purpose or any warranty as to the validity of any patents or the non-infringement of any intellectual property rights of third parties.
Seller provides a two-year (2-year) Limited Warranty (“Warranty”) for the Goods. This Warranty specifically covers wrought iron, aluminum, and insulated glass manufactured by Seller. By your purchase of the Goods, Buyer accept this Warranty and Buyer and Seller agree to be bound by the terms of this Warranty.
Seller declares that the Goods are manufactured free from defects in materials and workmanship.
The following characteristics and properties are not defects and are specifically excluded from this Warranty.
1. Custom-sized product warranties are subject to the Seller’s discretion for warranty coverage. 2. Damage to Goods caused by failure to comply with the “Inspection & Acceptance”, and “Installation Information” instructions, which Buyer acknowledges receiving as EXHIBIT A, which is attached hereto, made part this Agreement, and incorporated wholly herein. Seller reserves the right to modify these instructions at any time.
3. Exterior finishes, the appearance of doors that are field finished or failure to maintain proper finish.
4. Surface checks and natural variations in color, design pattern, and texture of the wrought iron that are typical in wrought iron and are not considered defects.
5. Warp for which the deflection measured is not greater than 1/4” as measured over a 3’0” (36″) x 6’8” (82″) span on the concave face of a door from the bottom corner to the top corner then measuring the space between the door and a straight edge. For doors greater than 3’0” (36″) x 6’8” (82″) measurement is taken from a diagonal 3’0” (36″) x 6’8” (82″) span at any placement on the face of the door.
6. Products whose structural integrity is impaired by the fitting or the installation of hardware. 7. Damages caused by a party other than DDW in the installation, fitting, and repair of the products.
8. Glass breakage and product damage due to improper use.
9. Damage caused by the absence of adequate overhangs. An adequate overhang depends on the normal weather conditions where the product is being used. Typically, an adequate overhang would be the distance extending to one-half the height of the entire unit.
10. Damage caused due to the installation of improperly vented storm doors without sunscreen or tint.
11. Normal wear and tear including wear through of finish.
12. Doors stored longer than three months from the shipping date.
13. Unfinished doors provided by Seller that are not finished by others within 21 days of delivery. 14. Damage due to improperly hung doors or improperly caulked panels is not covered by this warranty.
15. Doors that were tampered with, sanded down, or repainted.
16. Doors that were installed incorrectly, faulty, unprepared, etc. frames.
In the event that any Goods fail to conform to this written Warranty, Seller will, at its option: repair the Goods, ship replacement Goods in good condition, or refund the price received by the Seller for the Goods. Installation of the replacement Goods is the exclusive responsibility of the customer and Seller shall not be liable for any cost of disassembly or transportation of the Product, nor for the installation, hanging, or finishing of the replacement Product. Seller shall in no event be responsible for any amount in excess of the amount originally paid to Seller
for the original Product. All damaged Goods held by Buyer shall be returned to Seller upon delivery of the replacement Product.
Immediately upon discovering any damage or nonconformity that Buyer believes will require Seller to comply with the terms of this Warranty. Buyer shall send a notice in writing with photos and documentation that describe the damages or nonconformity to the dealer or distributor from whom Buyer purchased the Goods or to Avant Doors LLC, 143 W Rhapsody Dr, San Antonio, TX 78216, (210) 231-0243, info@avantdoors.com.
This Warranty may be extinguished by Waiver. Buyer will waive its rights under this Warranty if: (1) you receive and keep the Goods (formal acceptance is not required) for more than three (3) days after delivery, (2) you FAIL to notify the dealer or distributor or Seller of the damage or nonconformity in accordance with this Warranty, (3) you incorrectly install or alter the Product, or (4) you FAIL to make a claim under this Warranty with three (3) days after discovery of damage or nonconformity which could have reasonably been discovered.
All express or implied warranties, including the warranties of merchantability and fitness for a particular purpose, not specifically included above, are specifically excluded from this warranty. All special and incidental damages and all consequential damages, except consequential damages for injury to the person, are also excluded from this warranty.
If Federal or State Law requires the same, outside of the express terms of this warranty, then all implied warranties, including the warranties of merchantability and fitness for a specific purpose, which are required by specific Federal or State Law to be included, are limited in duration to the duration of this express warranty stated above.
This Agreement may be terminated by either the Seller or Buyer party or both Parties within three (3) days from the execution of this Agreement by the parties.
UNDER NO CIRCUSTANCES WILL THE SELLER OR ANY OR ITS MEMBERS BE LIABLE OR HELD ACCOUNTABLE FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES OF ANY KIND WHICH ARISE OUT OF OR RELATE TO THIS AGREEMENT, INCLUDING BUT NOT LIMITED TO ANY TERMS OR TRANSACTIONS CONTAINED IN IT, WHETHER FOR BREACH, NEGLIGENCE, TORT, AND ANY OTHER ACTION.
OF SUCH DAMAGES. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IF ANY APPLICABLE AUTHORITY HOLDS ANY PORTION OF THIS SECTION TO BE UNENFORCEABLE, THEN LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT POSSIBLE.
This Agreement shall be governed by and construed in accordance with the laws of the State of Texas. Buyer agrees that Venue for any action or lawsuit brought by either the Buyer or the Seller and which is based on any terms or dealings contained in this Agreement shall be commenced and maintained exclusively in San Antonio, Bexar County, Texas.
If any legal proceeding is brought for the enforcement of this Agreement, the prevailing party shall be entitled to recover reasonable attorney’s fees and all costs incurred in connection with such legal proceeding. The “prevailing party “shall mean the party that is entitled to recover its costs in a proceeding under applicable law or the party designated as such by the trier of fact or the court.
Seller and Buyer agree that any amendments to this Agreement must be in writing and they must be signed by both the Seller and Buyer.
All amendments made by the Seller and Buyer will be applied to this Agreement.
In the event that any provision of this Agreement is found to be void and unenforceable by a court of competent jurisdiction, then the remaining provisions will remain in force in accordance with the Parties’ intention.
This Agreement contains the entire Agreement and understanding among the Parties hereto with respect to the subject matter hereof, and supersedes all prior Agreements, understandings, inducements and conditions, express or implied, oral or written, of any nature whatsoever with respect to the subject matter hereof. The express terms hereof control and supersede any course of performance and/or usage of the trade inconsistent with any of the terms hereof.
The Seller will not be liable for delays in performance or for non-performance due to unforeseen circumstances or causes beyond the Seller’s reasonable control.
The Seller and Buyer hereby agree to the terms and conditions set forth in this Agreement and such is demonstrated throughout their signatures below:
BUYER
Name:____________________________ Signature:_________________________ Date:_____________________________
SELLER
Name:____________________________ Signature:_________________________ Date:_____________________________
A. Upon Delivery
1. Inspect each unit for defects or damage.
2. Store flat, on a level surface, or on edge with support, in a dry, well-ventilated building out of direct sunlight. Pre-hung units may be stored standing, providing doors are supported by cleats and stops. Cover with drop cloth to keep clean, but do not stop air circulation.
B. Installation
1. Install products plumb and square. Check with your local engineer regarding the supports and framing needed to adequately guide and hold your doors in place.
Note: Jams, trims, thresholds, and thicknesses vary across each product. Measure your products accordingly to ensure proper fit to your rough opening(s).
2. Structural integrity must not be impaired by fitting or by the installation of hardware.
3. MAKE SURE TO COVER UNITS OR DOORS WITH PLASTIC OR PROTECTIVE SHEETING AFTER INSTALLATION UNTIL READY FOR USE. If there are other trades working around your doors, they may damage, scratch, or spray paint them. Avant Doors LLC will not be responsible for damage caused by third parties performing services to Buyer.
4. If the finish is altered for installation, fitting, or weather-stripping, the work must be re-sealed in order to ensure proper product finish. Avant Doors LLC is not responsible for damages caused by Buyer’s modifications of the doors.
5. Adequate overhangs must be provided to protect the product from the elements. Adequate overhang depends on the normal weather conditions of the area where the product is to be used. Typically, an adequate overhang would be a distance extending to one-half the elevation of the entire unit.
6. When the product is exposed to rain or excessive moisture, sealing around the moldings, glass, and panels with high-quality paintable caulking is required after finishing is complete.
7. For Aluminum Doors, if an LVL or LVP is being used, they must be reinforced with steel plates, brackets, etc. to deflect the natural sag or bow that the timber has. Steel I-beam must be installed for all products above the 8’ x 8’ size, failure to do so, results in the waiver of the product warranty.
If you have any questions or need assistance, please call us at (210) 231-0243 or info@avantdoors.com.
At Avant Doors LLC, we strive to ensure your satisfaction with our iron doors, patio doors, and other products. If, for any reason, you need to return an item, the Customer must adhere to the following return guidelines:
You may return items within 3 days of the delivery date. After this time, orders are considered non-refundable or non-changeable. The Customer may request a full refund before the products have been shipped.
Custom orders cannot be returned or refunded once they have been placed. This applies to all orders made to specific measurements or specifications provided by the Customer. Once a custom order has been placed and processed, it is considered final and non-refundable/non-returnable.
Products must be unused, not installed, or altered and must be in their original condition, including packing and tags.
Shipping charges are non-refundable except for damaged or defective merchandise.
Customers must contact Avant Doors within 3 days from the delivery date to request a return authorization.
Customers are responsible for paying for the shipping charges associated with returning any products. Refunds will be issued once Avant Doors safely receive and process the items. To ensure a successful return, customers must retain their receipt and return the product in its original packaging. Suppose the original packaging needs to be recovered or usable. In that case, the Customer will be responsible for packaging the item securely to prevent any damage during shipping. It must be shipped back to us by a reliable shipping method with a tracking number.
We will inspect the returned product for eligibility upon receiving it at our facility (143 W Rhapsody Dr., San Antonio, TX 78216).
If items meet our return criteria, refunds will be issued in 3 business days. Suppose the returned item does not meet the criteria. In that case, we reserve the right to refuse the refund or deduct a 35% restocking fee.
Please contact us immediately for discrepancies or damages.
If you have any questions or need assistance, please call us at (210) 231-0243 or info@avantdoors.com.
Avant Doors LLC (“Avant Doors”) is committed to providing high-quality products. We stand behind the craftsmanship and materials used in our doors.
Our iron doors are hand-forged and individually finished. Minor differences in the doors are normal and are to be expected to achieve the hand-forged look.
Avant doors are warranted to the original single-family homeowner and original purchaser (for commercial) from any defects in material and workmanship that would make our doors unserviceable or unusable under normal conditions, provided they are properly installed.
We offer the following warranty coverage:
Our doors and products are warranted against defects in material and workmanship for a period of 2 years for residential use, 1 year for commercial use from the date of purchase, and a 1-year limited warranty for seacoast, saltwater environments, and coastal with direct waterfront facing exposure. Normal aging is not considered a defect.
Our warranty is solely applicable to the original owner, and the warranty is non-transferable.
Damage caused by installing wrought iron doors without adequate overhang protection. Wrought iron doors must be protected with an outward overhang at least one-half of the height of the door (for example, if the height of the door is 8 feet, the proper overhang should be a minimum of 4 feet).
Damages caused by circumstances beyond Avant Doors’ control, including but not limited to acts of nature, improper maintenance, and normal wear and tear, are excluded from warranty coverage.
Normal wear and tear, including aging and wear resulting from exposure to natural elements and frequent use of natural processes, is inevitable, as is material such as weather-stripping/ door sweep, and is not covered under our Warranty Policy.
Failures not covered include broken glass, improper storage, improper installation and maintenance, improper cleaning, condensation, and indoor door surfaces due to cold climate installation and moisture penetration resulting from normal wear and tear, including pets. High wind and rain conditions could lead to some air and/or water infiltration, and these instances are considered failures.
The doors are subjected to stresses, including, without limitation, stresses resulting from structural settlement or vibration, soil movement or other movement of the building foundation, localized application of heat causing excessive temperature differentials over the glass surfaces or edges, or exposure to corrosive materials, including without limitation, sulfur or chlorine.
Minor glass imperfections and minor variations in glass color are allowable under applicable industry standards and do not affect the product’s structural integrity or significantly obscure vision.
Damage caused by Acts of God are also excluded.
All warranty claims must be approved by an authorized representative of Avant Doors LLC.