All orders are subject to acceptance by DM Braun. No terms or conditions other than those listed herein will be accepted unless confirmed in writing by DM Braun.
Prices:
Prices are subject to change without notice. All quotations, unless otherwise specified, are binding for 30-day acceptance only.
Terms:
All sales are subject to our terms of sale. By placing an order, you are agreeing to our terms of sale.
Providing a deposit is considered placing an order.
When an estimate becomes an order, it is non-refundable once our production process starts. Customers who cancel orders are responsible for all costs incurred, including design time and a 20% cancellation fee.
All orders require a 50% deposit, with balance due prior to shipment of the product, unless otherwise agreed upon by DM Braun and the client. Freight charges will be included in our estimates and added to the final payment balance due.
For orders less than $7,500 a 100% deposit is required. Orders between $7,500 and $150,000 require 50% deposit with final 50% due before shipment (including shipping charge). Orders over $150,000 require 40% deposit, 30% progress payment, and final 30% due before shipment (including shipping charge).
Taxes:
California sales tax will be added to invoices for shipments within the state. DM Braun will not collect taxes for orders outside of California, except in states that it is considered to have an economic nexus. If taxes are not collected by DM Braun, the responsibility for payment of those taxes remains with the buyer.
Delivery:
DM Braun shall not be liable for any delays or failure to deliver due to acts of God or public authority, labor disturbances, accidents, fire, flood, extreme weather conditions, failure of and delays by carriers, shortages of material, delays of suppliers, or any other cause beyond the control of DM Braun. Buyer requested delivery date shall be approximate and subject to acceptance by DM Braun.
Freight:
All shipments are FOB Factory, with all freight charged to customer. Our bill of lading is acknowledgement by the transportation company accepting shipment in good condition. Responsibility of shipment is that of the carrier. Any claim for damage or shortage must be itemized at the time of receipt of shipment and any claim must be made by customer to delivering carrier. If the client does not have unloading capabilities such as fork lift or loading dock and requires delivery on a truck with a lift gate, we must be informed of this at bid time or at order entry. The extra cost of lift gate service will be added to the freight cost.
Returned Goods:
No material will be accepted without prior written authorization from DM Braun. Re-stocking charges will vary with terms of sale and condition of returned goods. Buyer must prepay all freight charges.
Warranty:
Structural: DM Braun expressly warrants that all named catalog products are free from defects in materials and workmanship for three (3) years from the date of invoice. This warranty includes the structural integrity, including the frame construction, hardwood joinery, and metal welds. The warranty is based on normal use and does not apply to defects resulting from negligence, misuse, vandalism, alteration, or accident. Customers’ own materials are not warranted.
Metal Finish: DM Braun warrants that the powder coat finish on its products will be free from peeling, cracking, or blistering due to manufacturing defects for a period of one (1) year from the date of invoice to the original purchaser. This warranty is subject to the following limitations and exclusions:
a) Normal wear and tear is not covered by this warranty.
b) The warranty does not cover damage resulting from abrasion, stacking, scraping, or any other physical impact.
c) Changes in surface appearance, including but not limited to color changes due to aging or light exposure, are not considered defects and are excluded from this warranty.
d) Damage caused by improper cleaning methods, including but not limited to power washing, is not covered.
Wood: As a natural material, wood inherently displays characteristics such as grain pattern indentations, checking, and splitting. Exposure to sunlight and fluctuations in humidity may lead to expected changes in wood’s color, appearance, and dimensions over time. These characteristics and changes are not considered defects and are excluded from this warranty. Additionally, wear or damage resulting from power washing or improper cleaning practices are not covered by this warranty.
Fabrics are warranted by their manufacturer.
This warranty is limited to the repair or replacement of parts or products found to be defective as determined by DM Braun. In no event shall DM Braun be liable for incidental, consequential, or special damages. DM Braun disclaims all implied warranties including the warranty of merchantability and warranty of fitness for particular purposes.
Arbitration to settle disputes
All disputes shall be resolved by binding arbitration in accordance with the rules of the American Arbitration Association. Venue for any arbitration proceeding shall be in Orange County, California. The parties consent to the venue and jurisdiction of the courts of Orange County, California. Concerning any and action or proceeding arising form any controversy or claim under of in relation to this order or contract or modification thereof.
Notes
It is the responsibility of the buyer to select fabrics which comply with local fire codes.
All exterior wood is finished using a penetrating sealer, unless otherwise specified by the buyer. Wood needs to be re-finished every year to ensure the wood does not patina. DM Braun does not warrant against wood weathering naturally.
Weathering on wood is normal after 1 year. The sun, rain, snow, and other weather conditions will always change the appearance of any wood over time.
Customer is responsible for conformance with plans and specification and for any field dimensions required. Drawings for approval may be requested. DM Braun does not accept sub-contractor agreements. All orders are shipped via common carrier, curbside delivery. Customer is responsible for offloading.
