Terms of service:

As of January 1st, 2021:

All estimates are an approximation and are not guaranteed. The estimate is based on information provided from the client regarding project requirements. Included graphics/renderings found in estimates and invoices depict concept of design for estimation purposes, not final construction or finish.

PAYMENT

Production will not begin until a 50% deposit is received by Anthony J. Vizzini II doing business as Wood and Plane LLC, hereby referred to as Wood and Plane. Deposits are non-refundable once lumber is selected and purchased. Purchaser will be notified when lumber orders are to be fulfilled. All accounts shall be paid net in full when invoiced. A service charge will be imposed on any portion of the invoice that remains unpaid for fifteen (15) days or more after receipt, at the highest amount permitted by law. Purchaser will be liable for all costs, expenses, and fees, including reasonable attorneys’ fees, incurred by Wood and Plane in collecting any monies due hereunder. Custom quotes are honored for a period of thirty (30) days from issuance unless otherwise negotiated. All monies paid on account of this order shall be credited to the account of the name of Purchaser. Wood and Plane’s acceptance of payment from anyone other than Purchaser shall be an accommodation only and shall not create a vendor-vendee relationship, express or implied, with a payee other than Purchaser.

DESIGN DEPOSIT

Deposits paid towards the creation of custom designs and renderings shall be credited towards the final invoice of the work based upon the design. Unless expressed otherwise in writing by Wood and Plane, Design deposits cover the expense of generating up to three (3) quoted designs/renderings. Additional revisions are subject to charge and will not be credited towards the final invoice.

MATERIALS

Wood and Plane reserves the right to make changes in design, construction, materials and dimensions. Please note that all dimensions, board footage, and yardage requirements noted in this quote are to be considered approximate. Due to the handmade construction, in concert with the lumber and other resilient materials, variations in dimensions can be expected. Tolerances of ¼” may occur. Any changes necessary to custom dimensions that exceed that tolerance will not occur without prior notification.

WOOD

All board footage requirements that are listed on customizable speculative pieces are based upon current market lumber values. Due to the nature of the wood industry, market prices are subject to change. Additional board footage may be needed for unforeseen support needed to ensure quality of furniture designs. Customer will incur all costs of additional materials and increased charges for material cost. No additional materials will be purchased without prior notification.

CHANGE ORDERS

Wood and Plane is not required to accept changes requested after the order confirmation. However, Wood and Plane will accept reasonable changes to orders with the following conditions: 1) The request must be submitted in writing and received in time to be implemented. 2) Changes will be subject to additional charges for materials, labor, and administrative. Any changes to designs or materials after production has commenced are subject to charge. To proceed with construction, the change order shall be paid net when invoiced. Failure to pay change orders will cease production and deposits are to be considered forfeit.

TERMS AND CONDITIONS OF SALE

Before an order is put into production, it must be confirmed by Wood and Plane in writing and the required deposit must be received. Each customer’s order will be processed as indicated on the order confirmation sent out by Wood and Plane. If there is any discrepancy, the customer must advise Wood and Plane within (10) ten days from the date of order confirmation. Date or timeframe listed in estimate is based upon date of issuance and is subject to change based upon receipt of Deposit.

CANCELLATION OF ORDERS

Charge backs, deductions, changes, cancellations, returns or refunds require prior written consent by Wood and Plane. Under no circumstances may orders be cancelled after production has begun. Cancellations prior to production are subject to a minimum 10% fee based upon total estimated price plus any related expenses.

STORAGE FEES

Purchaser will receive notification from Wood and Plane as to the date merchandise will be available for shipment or delivery. If Purchaser is unwilling or unable to accept delivery of merchandise, Wood and Plane may transfer merchandise to storage. Purchaser is responsible for the cost of such storage and shall bear the risk of loss or damage to merchandise during such storage, as well as during delivery of same. Additional storage fees will be charged to store merchandise if not picked up within thirty (30) days from the date of invoice for final balance due.

METHOD OF SHIPMENT/DELIVERY

Unless Wood and Plane is otherwise notified by Purchaser’s written instructions, freight arrangements shall be made by Wood and Plane on Purchaser’s behalf. All such delivery, packing, crating, shipping, insurance, applicable taxes, and similar charges are in addition to the stated purchase price unless otherwise specified. All charges are PROFORMA and will be included on the final balance due notice. If the customer chooses to manage their own freight and delivery, Wood and Plane must be notified of the specific details of the movement. The fee to move the product from a manufacturer to a terminal for “customer’s own” pick-up will be added to the balance due.

FORCE MAJEURE

Due to the artistic and custom nature of the manufacturing process, all quoted completion and delivery dates are estimates only. Wood and Plane shall not be liable for delays in completion or shipment or default in delivery for any reason of force majeure or for any cause beyond Wood and Plane’s reasonable control including, but not limited to, (a) government action, war, riots, civil commotion, embargoes or martial laws, (b) Wood and Plane’s inability to obtain necessary materials from its usual sources of supply, (c) shortage of labor, raw material, production or transportation facilities or other delays in transit, (d) labor difficulty involving employees of Wood and Plane or others, (e) fire, flood, or other casualty, or (f) other contingencies of manufacture or shipment. In the event of any delay in Wood and Plane’s performance due in whole or in part to any cause beyond Wood and Plane’s reasonable control, Wood and Plane shall have such additional time for performance as may be reasonably necessary under the circumstances. Acceptance by Buyer of any goods shall constitute a waiver by Buyer of any claim for damages on account of any delay in delivery of such goods.

TAXES

Customers are responsible for all sales tax or related taxes that apply to their order. To obtain tax exemption, for resale purposes, a resale certificate must be provided.

CLAIMS

There may be slight variations between the final product and a particular sample or tear sheet with respect to the finish, color, tone, graining, or precise measurements. Certain hand-made products are by nature irregular. Wood and Plane products will substantially conform to descriptions but are not guaranteed against wearing, color fading or minor variation in wave, color, tone, graining or precise dimensions. All other warranties, either express or implied, are excluded, including the warranties of merchantability and fitness for a particular purpose. Any and all claims against Wood and Plane, including defects, shortages and errors, must be made within fifteen (15) days after receipt of merchandise. Failure to make any claim against Wood and Plane within such 15-day period shall constitute acceptance of merchandise and a waiver of said defects, shortages, errors and other claims Wood and Plane’s liability shall not exceed the contract price actually paid to Wood and Plane for such merchandise and Wood and Plane shall in no event be liable for labor charges or any consequential or special damages.

DISPUTES

All disputes which involve this Agreement shall be governed by the laws of the state of Alabama. This Agreement contains all the terms and conditions agreed upon by Customer and Wood and Plane. No modification to this Agreement shall be valid unless in writing and signed by both parties.

In the event of any controversy or claim arising out of or relating to this agreement, or a breach thereof, the parties hereto shall first attempt to settle the dispute by mediation, administered by the American Arbitration Association under its mediation rules. Both parties agree to share cost of mediation. If settlement is not reached within sixty days after service of a written demand for mediation, any unresolved controversy or claim shall be settled by arbitration administered by the American Arbitration Association. The place of arbitration shall be Huntsville, Alabama. Alabama law shall apply. Judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof.