Terms & Conditions
1. This quotation is valid if signed and returned by Customer within 30 days of the date thereon. SKYSCAPE may extend acceptance period beyond 30 days at its sole discretion.
2. Payment Terms: SKYSCAPE requires a 50% Deposit (“Deposit”) to schedule a project for shop drawings and/or production. Full balance (Remaining 50%)
will be invoiced at the time of shipment and due 30 days from the date of invoice.
3. No retainage or discount is allowed. SKYSCAPE may assess a finance charge of 1 ½ % per month on all past due amounts, plus any costs by SKYSCAPE
related to collection of amounts due hereunder, including reasonable attorney’s fees and costs.
4. Customer is responsible to pay any sales tax, if applicable.
5. In the event of cancellation by the Customer, Deposit is nonrefundable. SKYSCAPE further is entitled to compensation for all work performed until the
date of cancellation, including but not limited to, charges for engineering time, material procurement, work performed, or any other costs incurred prior to the time of cancellation will be added into the total cancellation charges and may exceed the Deposit.
SKYSCAPE reserves the right to cancel this project at its sole discretion, and for any reason, returning all or a portion of any deposit received at that time,
dependent upon the work may have completed to date of the cancellation.
6. Typographical and facsimile transmission errors are subject to SKYSCAPE correction.
7. There shall be no liability on the part of SKYSCAPE for any delay in the shipment or delivery of material or any other delay caused by strikes, fires,
government regulations, material availability or any other cause beyond SKYSCAPE’s control.
8. Shipment schedules are estimates only and are contingent upon timely receipt of approved shop drawings, all necessary field dimensions and written release for fabrication.
9. LIMITED WARRANTIES – TO THE EXTENT PERMITTED BY APPLICABLE LAW, SKYSCAPE warrants that all goods items are free of any security
interest. Customer acknowledges that the performance of any service that alters the items provided hereunder by SKYSCAPE may void the warranty.
SKYSCAPE shall use the same care and skill a similarly situated provider of like services would exercise following commonly accepted industry practices
in the performance of its duties under this agreement. TO THE EXTENT PERMITTED BY APPLICABLE LAW, SKYSCAPE MAKES NO OTHER
EXPRESS OR IMPLIED WARRANTIES, AND SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES INCLUDING BUT NOT LIMITED TO
THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR PURPOSE. UNLESS OTHERWISE AGREED IN WRITING BY AN
AUTHORIZED REPRESENTATIVE OF SKYSCAPE.
10. LIMITATION OF LIABILITY – TO THE EXTENT PERMITTED BY APPLICABLE LAW, IN NO CASE SHALL SKYSCAPE BE LIABLE FOR
INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES, ALL OF WHICH CUSTOMER WAIVES.
11. Customer shall not assign its rights or delegate its duties hereunder or any interest herein without the prior written consent of SKYSCAPE, and any such assignment, without such consent, shall be void.
12. GENERAL PROVISIONS – These terms and conditions, and any associated statement of work, supersede all other communications, negotiations, and prior oral or written statements regarding the subject matter of these terms and conditions. No change, modification, rescission, discharge, abandonment, or waiver of these terms and conditions shall be binding upon SKYSCAPE unless made in writing and signed on its behalf by a duly authorized representative of SKYSCAPE. If this document shall be deemed an acceptance of a prior offer by Customer, such acceptance is expressly conditional upon Customer’s assent to any additional or different terms set forth herein. This agreement shall be governed by the laws of the State of Georgia applicable to contracts to be formed and fully performed within the State of Georgia, irrespective of conflicts of law principles. All suits arising from or concerning this agreement shall be filed in the Superior Court of Fulton County, Georgia, and no other place unless otherwise determined in SKYSCAPE’s sole discretion. Customer hereby irrevocably consents to the jurisdiction of such court and agrees to appear in any such action upon written notice thereof. Should any court of competent jurisdiction declare any covenant or provision of this Agreement invalid or unenforceable for any reason, the remaining covenants and other terms and conditions of this Agreement shall continue in full force and effect.
13. All necessary/required blocking is provided by others, not SKYSCAPE.
14. SKYSCAPE does not take responsibility for wall design. The building structure’s ability to handle loads of the canopy(s) must be determined by a structural engineer of record or others.
15. Price is based on material only. Price includes SKYSCAPE standard shop drawings. Shop drawings provided for informational purposes. Customer is
responsible for verification of design and approval of shop drawings.
16. SKYSCAPE strives to ensure shipping cost estimates are accurate. Estimates are based on load size, weight, distance, fuel cost, and current market
conditions, and may result in price fluctuation. The exact shipping cost will be added to the final invoice.
17. Pricing Total is based on this material shipping within 6 months of receiving the order unless otherwise agreed upon in writing. Any job that ships after
6 months is subject to price escalation. Finished goods not shipped within 21 days after fabrication are subject to storage fees at 3% of the order value
per month. Partial months will be prorated after 30 days of storage.
Lead Times:
All current, estimated lead times provided on official quotes.
Pricing
All current prices provided on official quotes. Quotes are subject to revision past 30 days.