Back Of The House

Corporate

3010 LBJ Freeway, Suite 1200
Dallas, Texas 75234

Warehouse

3433 West Kingsley Road
Garland, TX. 75041

GOVERNING LAW:

These Terms and Conditions shall be incorporated into a Texas contract between Purchaser and Back of the House, LLC, and shall be interpreted and administered for all purposes under the laws of Texas. The Parties agree to be bound by the Terms and Conditions as incorporated into a Purchase Order and/or Invoice for the sale of products.

QUOTATIONS AND ACCEPTANCES:

All quotations and acceptances of orders are made with the mutual understanding that the orders are not subject to cancellation unless by mutual written consent.  Care is taken to give reliable descriptions of the products and conditions of the products, but these are not guaranteed, and prospective buyers are advised to check details.  The shipping date is approximate only and is conditional upon delays, nonperformance occasioned by strikes, fires, or other causes beyond our control, include shipping delays.  We reserve the right to correct stenographic errors.  It is understood that there are no conditions or agreements outside of our quotation, which includes these Terms and Conditions by reference, and that all prior conversations, agreements, or representations with reference to its subject matter are superseded.  Additional provisions in documents provided by purchaser must be specifically agreed to in writing by seller.  Otherwise said additions or modifications are deemed void.

ACCEPTANCE METHODS:

A facsimile or email of the signed original of this document, or an emailed or other electronic approval referencing this document specifically shall have the same force and effect as a signed original and shall, upon receipt and acceptance by Back of the House, LLC., be binding on both parties.

TERMS:

Standard payment terms are payment in full is due at the time of order. Purchaser agrees to pay any change fees, storage fees, or additional delivery fees within ten (10) days of receiving an invoice of the additional costs. Parties agree that any lawsuit arising from any transaction between the parties hereto will be filed in Collin County, Texas.

INSTALLATION:

No installation or job site supervision charges or services are included unless specified on this quotation.  By signing each drawing (or accepting each drawing as authorized in ACCEPTANCE METHODS above), Customer certifies that the drawing meets required layout specifications.  Customer agrees to comply with all installation instructions for building assembly and provide all structural requirements necessary in our standard and/or engineered (if required by specific job) drawings.  Customer also agrees to abide by all ancillary equipment installation procedures.  IF CUSTOMER FAILS TO DO SO, THEY AGREE TO INDEMNIFY AND HOLD BACK OF THE HOUSE, LLC. AND ITS PROJECT CONSULTANTS HARMLESS FOR ANY AND ALL DAMAGES CAUSED BY SAID FAILURE, INCLUDING ATTORNEYS’ FEES AND THE COST TO PROVIDE A DEFENSE.

PRICES:

QUOTES ARE VALID FOR 7 DAYS.  After 7 days, prices are subject to change without notice.

SURCHARGE:

During times of volatile market conditions, Back of the House, LLC reserves the right to apply a surcharge at any time in the order process to accommodate significant or frequent raw material or shipping price increases or labor shortages.  Back of the House, LLC will notify its customers if the market conditions are such that this paragraph is triggered.  Customer shall have the right to withdraw the order with no restocking fees or cancellation charges to apply. All surcharges need to be paid before Back of the House, LLC will ship the product.

FORCE MAJEURE:

If Back of the House, LLC is unable to perform its obligations under the terms of this Agreement because of acts of God, pandemics, strikes, delivery delays not the fault of Back of the House, LLC, equipment or transmission failure or damage reasonably beyond its control, or other causes reasonably beyond its control, Back of the House, LLC shall not be liable for damages to the Customer for any damages resulting from such failure to perform or otherwise from such causes.

STORAGE:

All orders will be invoiced at the time of order. Back of the House, LLC shall provide an estimated ship date to Purchaser. This is solely an estimate and not a guaranteed ship date.  If Purchaser requests Back of the House, LLC to hold delivery beyond the estimated ship date, customers will be charged $20.00 per day starting one week (7 days) after scheduled ship date. All storage fees have to be paid in full before Back of the House, LLC will ship the product. 

TAXES:

No taxes of any kind are included in our quotes.  All prices herein and/or contracts shall be subject to increase without notice, by the amount of any present or future sales or excise tax levied or charged, either by federal, state, or any other tax assessing agency as necessary.  If a valid sales tax certificate is not on file with Back of the House, LLC., the customer will be responsible for taxes.  Taxes are determined based on the ship to state.

FREIGHT TERMS:

F.O.B. (freight on board) is defined as when the goods are loaded onto the delivery vehicle at the Back of the House, LLC’s location and Freight is due at destination at buyer’s expense. All charges for unloading and transportation to job site are at buyer’s expense.  Freight estimates in our quotes are estimates only.  Due to volatility in the shipping industry, freight surcharges may be added at any point in the order process.

CONTINGENCY:

All contracts are contingent upon fire, strike, accidents, and delays in transit or other causes beyond our control.

CHANGES:

Changes made after order has been accepted shall be submitted, in writing, signed by the purchaser.  Purchaser agrees to the cost of any such changes applicable.

CLAIMS:

Title passes to buyer upon delivery to the carriers unless otherwise indicated.  Safe delivery is to the carrier and loss or damage should be noted on delivery receipt and freight bill before acceptance of shipment.  Make claims promptly.  We are willing to assist in collection of claims.

GUARANTEE:

All claims for incorrect products or replacement must be made and settled prior to installation.  All products are inspected before shipment and are guaranteed against defective workmanship or material, subject to our standard warranty and damage caused during shipping or transport. Back of the House, LLC. assumes no liability for expenses or repairs made outside its factory without written authorization.

LOCAL CODES:

Back of the House, LLC. does not assume responsibility or costs for field changes to its products to meet local or state codes.

ORDERS:

All orders resulting from this quotation are subject to acceptance by the factory.  To begin production, factory needs customer’s signed order acknowledgment, approval drawing, and credit approval.

RETURN OF MATERIALS:

No goods may be returned without factory’s prior written consent. Restocking fees will be applied.

CANCELLATION OF ORDERS:

No order may be cancelled unless factory approves in writing.  If cancellation request is approved, customer will be responsible to pay the quoted price for any items purchased specifically for this order and any work in production at the date of the cancellation request.  If cancellation is approved and we can resell any items purchased for the order, restocking (if applicable) fees will be applied.  Customer acknowledges that most factory orders are custom to each customer’s unique specification and cancellation will not always be available.

WARRANTY:

Back of the House, LLC. warrants to the original purchaser that the walk-in panels manufactured by the company are free from any defect in material or workmanship under conditions of normal use and service. The obligation of the manufacturer under this warranty shall be limited to repairing or replacing at their option FOB factory, panels of said walk-in which proves defective within ten years from the date of shipment. All hardware carries a standard one-year warranty. This warranty does not include any labor charges for replacement or repair of defective parts.

Refrigeration equipment carries a standard one-year factory warranty for compressor and accessories. The obligation of the manufacturer under this warranty shall be limited to repairing or replacing at their option FOB factory, any part of said refrigeration system which proves defective within one year from the date of purchase. An extended four-year compressor warranty and a 1st day through 5th year labor warranty are also available as an option.

This warranty is in lieu of all other warranties expressed or implied and does not apply to equipment which has been subject to any accident, alteration, abuse, misuse or improper installation. Back of the House, LLC. expressly disclaims all other warranties expressed or implied. The standard warranty does not include any labor charges for replacement or repair of defective parts. In no event shall Back of the House, LLC. be liable for any special, direct or indirect, incidental or consequential damages or for any lost product, lost profits or revenues or other losses or damages caused by lost product or lost profits or revenues, whether for breach of warranty or otherwise. Back of the House, LLC. warranty does not cover any products installed outside of the continental United States.

For warranty work on your walk-in cooler or freezer, call our Customer Service Department immediately. You will then be advised of the proper procedure to follow. NO warranty work is to be performed without an authorization number, which will be provided by the Customer Service Manager. Back of the House, LLC. assumes no responsibility for work performed without an authorization number.