Encompass Sign Systems, Inc. Terms & Conditions
Order Acknowledgment: Order acknowledgment and/or our Estimate, together with the terms in this agreement, will be deemed by Buyer and Encompass as the final expression of their agreement and will be deemed the exclusive statement of the terms thereof, unless superseded by a subsequent written agreement signed by both parties.
Samples: Samples of materials, workmanship and color may be supplied at no charge if requested. Specific samples that must be custom made will be supplied at regular prices. Samples for approval are supplied at no charge if the firm order is placed when the sample is requested, and later used as part of the final requirements (not remade). Remakes of samples for approval due to revisions of specs, lost or kept by owners, architects or designers will be billed at regular prices as part of the final order requirements.
Drawings/Project Setup: Shop drawings and sign schedules are supplied with a firm order to secure Buyer’s understanding and approval of such drawings, designs, or schedules. Service fees for drawings/schedules and for transforming buyer’s art into actionable art are at a minimum charge of $65.00 per hour, and footnoted in the Estimate. Artwork requirements are available here if the Buyer would like to provide actionable art and forego this service. All drawings, designs or schedules remain in the archived property of Encompass for future re-orders, and may only be used for Buyer review and approval. All other use is strictly prohibited. Buyer is responsible for approving details, spelling and dimensions. Production can begin once these approvals are obtained in via email.
Prices: All prices are F.O.B. our factory unless specifically acknowledged otherwise. Shipping costs and sales taxes are additional. Prices are good for 120 days after drawing creation and based on standard construction, letter styles, colors and finishes, unless otherwise noted.
Price Changes: Prices quoted are firm for the quantities quoted when order is accepted and when delivery is to be made within a seven-month period. In the case of extended deliveries (over seven months) increases in raw materials and direct labor may be passed on to the Buyer at actual cost. Prices are subject to change without notice before order is offered and accepted.
Change Orders: All changes to orders previously acknowledged must be requested in writing and are subject to our approval. Additional or modified charges may be incurred and you will be advised before changes are implemented.
Cancellations or Returns: Orders may not be terminated or returned without written consent and shipping instructions. A charge will be imposed to cover work partially completed. Drawing and setup fees are 15% to 20% of project total and are due in addition to product costs.
Delivery: Delivery schedule is estimated from the date of receipt of approval from Buyer for all shop drawings, submittals and samples and will be subject to our production schedule at the time of manufacture. Projects that include elements of customization should plan for 5-7 weeks for completion, after approval of all artwork and submittals.
Payment Agreement: Payment terms are net ten days from date of invoice with established accounts. Merchandise is invoiced at the time of shipment or, in phased projects, when materials are finished and stored in our warehouse. Orders without an established account and all initial orders will be shipped COD. Without an established account, a deposit may be required. Progress Payments, and other changes in terms, are negotiable and must be approved in writing.
Late Payment Penalty: A late payment charge of 1.5 percent per month (18% APR) or the maximum lawful rate shall be payable on all past due accounts. If payment is not received in full as agreed Buyer agrees to pay all costs of collection, including reasonable attorneys’ fees, liens and court filing fees. Additionally, if full payment has not been received within 60 days of completion Encompass and it’s subcontractors that have invested time or provided materials to the project have the right to file builders or material liens against the building or property.
Material Acceptance: All claims for damage, defects, errors or shortages must be made within seven days of order delivery. Failure to do so shall constitute acceptance and a waiver of any defects, errors or shortage claims.
Manufacturing License: Encompass Sign reserves the right to make, without notice, specification amendments that do not significantly alter product appearance or quality.
Security Interest: Title to goods transferred under this agreement will remain with Encompass Sign until payment in full, is made by Buyer.
Waivers: Encompass failure to enforce at any time any of the provisions hereof shall not be construed to be a waiver of such provisions or of the right of Encompass to enforce any such provisions.
Warranties: Encompass Sign Systems, Inc. offers a “Life-of-the-Property” warranty on the tactical components of the Dura-Press, Sure-Press and Raw-Press products. Warranties are limited to the products that it manufactures and will be repaired or replaced at our option if found to be defective in materials or workmanship. Supplemental products, featured within our products, (vinyl, paint, etc.) carry the original manufacturer’s warranty. No warranty is offered on damage to products, walls or other consequential damage caused by use of these products. Products must be paid in full in order to be covered by our repair or replacement warranty.
Photographs: Encompass maintains a photographic file of completed sign pieces. Encompass may display examples of its work to the public, including images of Buyer’s signage, upon final installation.
Storage: If delivery cannot be accepted upon the acknowledged date, we reserve the right to store the merchandise at Buyer’s expense and risk. We will issue invoices when goods are placed in storage.
Transit Claims: Unless complete instructions are given, we will ship at our discretion as to the best method. We are not responsible for delays beyond our control or for damage suffered in transit. All products are shipped at Buyers risk and are considered in acceptable condition when accepted by the transportation company. File all claims within five days with the carrier for loss or damages and our liability shall not exceed the price for defective materials. All packages and merchandise are insured for the full value when shipped.
Thank You: We appreciate the opportunity to provide Encompass products and services to assist in your Project.