Terms and Conditions
- Dimensional / Style Accuracy: Vixen Hill Home Products will manufacture cedar shutters per the specifications on the approved proposal only, regardless of any attachments, drawings, purchase orders or blueprints that are provided unless specifically referenced and attached on the original authorized quote. All width dimensions designated on the approved proposal represent the shutter pair width (pair width of 40” = 2 individual shutters @ 20” each). Dimensions are nominal; tolerances are (+/-) 1/8” for length and width and (+/-) 1/16” for thickness. It is the customer’s responsibility to verify the dimensional information contained in the quote is accurate. Wood is a natural material and our products are handmade, therefore resulting in some minor variations in the dimensions between the actual shutter and the quote / dimensional drawings. The right is reserved to make changes, both in design and specification of certain items of our products, as in our opinion, will improve the same.
- Payment: All orders are paid in full at the time the order is placed. Orders placed through our online store are paid by credit or debit card at checkout. Acceptable forms of payment include all major credit cards and wire transfers. Due to the custom nature of our products, once a shutter order or hardware order has been received, it cannot be canceled. The customer is responsible for the full cost of the order as detailed on the original authorized proposal. Vixen Hill Home Products will not accept dimension or style changes to an order after the order has been approved by the customer and submitted to Vixen Hill Home Products. Change orders, if accepted, will be billed accordingly based on the scope of the change and will require pre-approval. Should a cancellation be approved, a 10% processing fee will be collected from the amount paid.
- Custom Color Matching: Shutter orders that include Custom Color Matching will be produced upon receipt of all standard paperwork with the exception of the “custom color approval forms “. A custom color may be selected by brand name and paint code or by sending us a physical color sample. Once received the estimated shipping of the entire order is based on our Custom Color Matching process.
- Order Abandonment: All orders require the full balance of payment prior to being shipped unless other arrangements have been made to allow for C.O.D. If payment is not received when the order is ready to ship, it will be held and good faith efforts to receive final payment will be made. After 60 days, Vixen Hill Home Products will mail a formal letter (with return receipt) to the address on file which will serve as the final notification; it will contain a remittance deadline of no later than 90 days from the original shipment date. If the order remains unpaid for more than 90 days, we will consider your order abandoned. All abandoned orders will result in the forfeit of any payments made and the shutter order will be liquidated. If special requirements need to be made, you must contact Vixen Hill Home Products as early as possible to make necessary arrangements. The granting of special arrangements is not guaranteed, and each request is reviewed on a per-order basis.
- Taxes and Other Charges: All Taxes (sales tax, use tax, any tax, fees or charges) shall be paid by the Buyer along with the price quoted or invoiced. Should the Buyer have a Tax-Exempt Status, Buyer shall provide Vixen Hill Home Products at the time the contract is submitted, an exemption certificate or other document acceptable to the authority imposing the tax, fee or charge. Failure to provide acceptable documentation will result in the collection of any tax, fee or charge as stated in this clause. The sales tax listed in this quote is an Estimated Sales Tax. Final Sales Tax will be calculated and applied at time of shipment and may vary from amount listed on this quote.
- Ship Date: The ship date discussed during the formation of this quote is an estimate. Ship date calculations are based upon the submission date of the completed order and the production schedule at that time. No order will be released into production until all required paperwork is fully executed and submitted to Vixen Hill Home Products for processing, EXCEPT “custom color approval forms” when applicable. Vixen Hill Home Products shall not be liable for any delay or failure to perform its obligations hereunder, due to but not limited to, any strikes, lockouts, secondary boycotts, labor organization stoppages and harassments, damages caused by fire, lightning, earthquake, other natural disasters, or other casualty and any other conditions beyond the control of Vixen Hill Home Products. On rare occasions there may be delays caused by out-of-stock materials or temporary factory overload. Vixen Hill Home Products will not be held responsible for any consequential charges incurred in the event of a late shipment and strongly recommends that the customer do not schedule any installation services until notification has been received from Vixen Hill Home Products that your order has shipped. Customer’s Request to Delay Shipment: To delay the shipment of the order, we require notification in writing at least 14 days prior to the agreed upon ship week. A failure to do so will result in a storage fee of $20 per day (starting 5 days from the scheduled ship date), and the balance payment will still be required at the time of the original ship week.
- Shipping Terms and Conditions
All products sold by Vixen Hill Home Products are shipped F.O.B. Elverson, Pennsylvania. Title to and risk of loss for all goods transfer to the Buyer upon delivery of the goods to the carrier at our facility in Elverson, PA, regardless of the mode of transportation, including but not limited to UPS, common carrier freight, or delivery via Vixen Hill’s own vehicles. Common carrier deliveries are curbside only. Inside delivery may be available for an additional charge and must be arranged in advance by contacting your salesperson.
The Buyer acknowledges and agrees that all deliveries are final and may not be refused or rejected at the time of delivery. In the event that a shipment is refused, rejected, or otherwise undeliverable due to the actions or inaction of the Buyer or the Buyer’s designated recipient (including any party acting as consignee on a freight shipment), the Buyer shall be fully responsible for any and all resulting charges. Such charges may include, but are not limited to, return freight, redelivery fees, storage charges, handling fees, and any additional shipping costs incurred.
By accepting these terms, the Buyer agrees to ensure that all necessary arrangements are made to receive and accept delivery at the agreed-upon time and location.
Inspecting Delivery: It is the customer’s responsibility to open and inspect the entire shipment immediately upon delivery, regardless of when the product is to be installed. Upon delivery, the customer must inspect the order to determine if there is any damage. If damage is found immediately during the unloading, customer should mark the damages on the ‘bill of lading’ (delivery receipt) that there is possible damage to the shutters. Vixen Hill Home Products will not be responsible for any concealed damage that is discovered beyond three (3) days from original ‘delivery receipt’ under any circumstances. Customer shall retain all original packaging including crate or skids until the customer has accepted the inspected order without any defects. Should the shutters need to be returned to Vixen Hill Home Products and the customer no longer has the packaging, the customer will be charged for the replacement of these items.
- Storage: Vixen Hill Home Products is not responsible for any damage to, or failure of, the finish, including but not limited to peeling or flaking, due to storage of product, with or without factory packaging materials, prior to installation.
- Returns: Shutters: shutters are not returnable for any reason due to their custom nature. Hardware: All hardware returns must be pre-approved and have a return authorization number issued by Vixen Hill Home Products. To arrange for hardware to be returned please call (610)-286-0909. Custom hardware or discontinued hardware is not returnable for any reason. Hardware must be returned in its original new, resaleable, condition and packaged in the original carton and packing materials within 30 days of receipt for a refund which excludes shipping. A 25% restocking fee will apply to accepted returns.
- Arbitration: In order to ensure the equitable, efficient and cost-effective resolution of any disputes, claims or controversies that may arise or stem from this purchase transaction, the parties to this transaction, hereby agree that, at the sole election of Vixen Hill Home Products any and all such disputes, claims or controversies shall be resolved exclusively by binding arbitration under the following rules:
- Each party shall select an individual to represent their respective interest in the selection of a sole, neutral arbitrator. Those two representatives shall, within twenty (20) days after their appointment, agree on a third person who will be the sole, neutral arbitrator.
- Arbitration must commence within sixty (60) days after the selection of the arbitrator and a decision rendered within five (5) days after the hearing.
- The arbitration shall take place in Chester County, Pennsylvania, and any questions regarding discovery or the admissibility of evidence at the arbitration shall be resolved by the arbitrator.
- The costs and expenses associated with the arbitration, including fees of the arbitrator, shall be shared equally between the parties.
- The award rendered by the arbitrator shall be final and judgment may be entered upon it in accordance with applicable law in any court having jurisdiction thereof.
- Controlling Provisions: These terms and conditions shall supersede any provision, terms and conditions contained on any confirmation order or other writing the parties may give or receive, and the rights of the parties shall be governed exclusively by the provision, terms and conditions hereof. Vixen Hill Home Products makes no representations or warranties concerning this order except such as are expressly contained herein, and this order may not be changed or modified orally.
- Purchase Orders: If this quote is accepted and the customer’s order form, including any ancillary documents relating to the customer’s order form, are used, it is expressly understood and agreed that the terms and conditions herein set forth shall prevail insofar as the same may in any way conflict with the terms and conditions set forth in such order form, and the issuance of such order by the customer shall be deemed to note customer’s assent to the foregoing.
- Pricing: Prices shown by the online designer are generated automatically and are estimates. If a price is generated incorrectly for any reason, Vixen Hill Home Products reserves the right to correct it before accepting the order, and will contact you to confirm before any work begins.
Warranty: By signing this document you agree to accept the conditions of the product warranty. Complete warranty information will be provided along with your shutter order inside a warranty package, or you may visit VixenHill.com/warranty.
Factory Painting
If you have elected to have Vixen Hill paint your shutters, there are a couple things to be aware of. If you have chosen a custom color, or a non-Sherwin Williams color, a custom color draw down charge will appear on your quote/invoice. A sample of the paint will be mixed up by Sherwin Williams, and a draw down (a physical sample of the paint) will be sent to you for review and approval.
If you have selected a Sherwin Williams color, receiving a draw down is optional. We use a specialized product from Sherwin Williams designed for factory use. In most cases, their color formulas translate to this product without issue. There have been instances where it does not though, and the color is off. This has been the case with mostly red and blue colors. If you are choosing a red or blue color, we strongly recommend ordering a draw down. Many other factors can make a color appear to be off as well, such as the sheen selected (eggshell vs semi-gloss). Even if the color is formulated correctly, a difference in sheen can make a color appear slightly different.
If you have any concerns about whether or not the Sherwin Williams color you have selected will be a match, speak to your sales representative and request a draw down. A custom color draw down charge will apply (billed separately), and a draw down will be sent to you for review and approval.
By signing this page, you are acknowledging this warning. Upon delivery of your shutters, if you are unhappy with the color for any reason, no refunds or considerations of any type will be made.
