Terms and Conditions

The following policies, terms and conditions apply to all purchases made from RealAcoustix. All policies listed herein shall be enforced and not subject to deviation unless otherwise noted and agreed to in writing by RealAcoustix.

Invoicing, Deposits and Payments

Prior to any manufacturing processes a 50% deposit shall be required for any work performed by RealAcoustix. This shall include, but not be limited to, raw materials ordering, shop drawings, custom samples, manufacturing, shipping etc. Additionally, manufacturing will not commence, nor shall the estimated manufacturing time begin, until 1) a valid quote has been signed from the client 2) deposit is received 3) all reference stain, finishes, colors, fabrics, shop drawings and other approvals are received from the customer or the customer’s representative including, but not limited to, architects, contractors, sub-contractors, interior decorators and others. Once materials have been ordered and/or manufacturing has begun, deposits are non-refundable. Any changes or cancellations will incur a cancellation fee or change order.

Payments may be made by check, wire transfer or credit card. All credit card payments incur a 3% surcharge. Scheduled payments may apply and will be referenced in your estimates and/or invoices.

Final invoicing shall be done upon confirmation of shipment readiness. Payments are due upon receipt of the final invoice and prior to shipping unless otherwise agreed to in writing by RealAcoustix or by terms set by Catalyst Acoustic Group. The customer may request and receive pictures of the products and crating, if requested, prior to final payment. All product issues that arise after the final shipment has been sent shall be deemed to be warranty issues and shall not be grounds for withholding final payment(s). Returning customers, with good payment histories with RealAcoustix, may apply for net 30-day terms on the balance of their job. Please call us for more information. In all cases, the 50% deposit is required in advance of work.

Sales tax will be charged on all projects unless a tax exemption status has been received prior to order placement.

Any payments received later than the invoice due date, or 30 days, whichever is less, shall be subject to a 3% per month interest fee of the total invoice amount until paid in full. The interest shall begin on the 31st day of the invoice date to the client, whether by mail or by email.

Scheduled payments: Any jobs requiring multiple truck shipments will be scheduled with the customer. Once 50% of the materials have been shipped, the customer will be billed an additional 25% which must be paid prior to the next shipment. The balance will be shipped upon receipt of the final payment (25%) plus any overages including change orders or extra shipping and crating costs.

Quotes and Escalation Clause

All quotations provided shall remain valid for a period of thirty (30) days from the date of issuance. After 30 days, quotes may be adjusted due to market conditions and raw material supply or tariffs.

Shop Drawings

Shop drawings for projects will be completed after receipt of deposit. The timeline for completion of shop drawings is based on the size of the project. Two customer revisions are included in the cost of the project. Additional revisions required by the customer are provided at $95/hour. Shop drawings will be noted as a separate line item on all quotes and billed at $750 for standard projects or $1500 for larger projects. Two (2) revisions are included in quoted price and all changes after will be billed at $95/hour.

Shipping & Damage Claims

Shipping and Crating: Shipping and Storage: RealAcoustix Freight policy is EXWORKS: Ogden, UT 84401.

Storage Policy: $350 fee per crate per month will be assessed to the customer after 30 calendar days of invoice.

Product inspection by customer: The customer shall inspect all materials, including the contents of crates, pallets, skids and boxes as they come off the truck to ensure the materials arrived in good condition.

Please check for broken crates or materials and immediately report the damage to the driver and have these noted on the Bill of Lading (BOL) in writing. The customer must ensure that there is no internal freight damage and that the products meet the requirements of the customer within 24 hours of receipt of shipment. Failure to do so will void your warranty. Any freight damage must be reported to RealAcoustix within this 24-hour period.

In the event the damages are not reported within the 24-hour period, the customer will assume responsibility for repair and/or replacement of the products provided by RealAcoustix. Carriers have strict damage reporting guidelines which require the customer to report damage in the timelines indicated herein.

Any other concerns with finishes, quality of workmanship or other manufacturing issues must be reported to RealAcoustix within 72 hours of receipt of the shipment. These will be treated as warranty issues.

RealAcoustix may request pictures or other evidence of damage required by the carrier from the customer which shall be provided within 24 hours of receipt of the shipment.

RealAcoustix will replace any damaged items and handle all claims with the carrier within a reasonable amount of time assuming the guidelines in this document are within the parameters listed herein.

In the event a product is not able to be produced for any reason, including, but not limited to, time constraints, product liability concerns, raw materials shortages or unavailability, design incompatibility or deficiencies, Acts of God etc., RealAcoustix reserves the right to refund the deposit to the customer, in full and without interest, as full resolution of the matter. No further legal action shall be permitted under the terms and conditions of the RealAcoustix Policies.

Warranty

RealAcoustix warranties all products to be free from workmanship and material issues including warping, bubbling, discoloring, sagging or de-threading, de-laminating or cracking for a period of (1) one year from date of delivery to the customer. Warranty claims for any products found to be faulty upon delivery must be made in a timely manner as specified in this document after initial delivery and the factory notified within 24 hours of the inspection time limit and all conditions have been met.

Additional warranty details can be found at realacoustix.com/warranty

Materials, Finishes and Fire-rating

The customer shall be responsible for providing samples of any custom finishes required for their order prior to quote finalization. RealAcoustix will provide a matching sample which must be approved by written authorization prior to manufacturing. The customer shall also be responsible for ensuring that the estimate or invoice approved includes the proper wood species, fabric selection or other materials for the job and quantity prior to order placement. RealAcoustix shall not be held responsible for variations in natural wood color, grain and other properties of wood or for variations in dye lots of fabrics which items are not within its control.

RealAcoustix can provide wood products that have been treated with a Class “A” fire treatment prior to finishing. The fire rating is based on the 3rd party product used and RealAcoustix LLC shall be limited in its liability for the performance of these products based on the limits of the 3rd party manufacturer’s warranty and does not state that the product is Class A Fire Rated, only that it is Class A Fire Treated. Extra charges may apply for these treatments and the customer is responsible for ordering the products with the fire-treatment prior to manufacturing, if not noted on the invoice.

Wood Acclimation

All wood products must have time to acclimate to the environment that they are going to be installed in. In all cases, wet work i.e. concrete, plastering etc. must be completed and dry before wood products are introduced into the environment. All portions of the building in which the wood products are being introduced prior to installation must be sealed i.e. windows and doors installed, walls and ceilings completed, insulation installed etc. with air-conditioning installed and working including any dehumidification components installed and working.

Acclimation requires that the wood products be removed from their crating, all wrapping removed, and the products be allowed to breathe completely. This must be done within 24 hours of receipt of the materials to the client. Failure to do so will void all warranties. Acclimation shall be allowed for a minimum of 5-10 days prior to installation with the room temperature and humidity levels at the required warranty levels.

Suggested alternatives for sensitive environments: If there are concerns that an environment will not be able to maintain the proper levels of temperature and humidity, it is suggested that the architect, general contractor and/or customer(s) consider other products, such as plastic laminate veneers, as alternatives to real wood veneers, etc. Please contact RealAcoustix for more information on alternatives to real wood products.

Material Waste Factoring in estimate and invoices: Occasionally, a client will notice that certain calculations or costs may differ based on either square footage or the size of certain products. Certain products’ sizes and types have extreme waste factors in them and these waste factors are included in either the pricing of the products or in the calculations themselves, which will affect the pricing of the products.

In some cases, when an estimate is required quickly, the pricing may reflect an overall dimension of the area in question, rather than actual square footage of every product in the dimensional area. Again, it is stipulated that the bottom-line price is the price the customer is accepting, and it will be firm, unless the customer changes the order with proper, written notification. In any case, the calculation type used will remain firm for the entire project as to not vary from the original basis of estimation.

No variance from the total amount of the project will be allowed once a deposit is submitted and the project/job is in queue without an approved and signed change order.

Governing Law: Dispute Resolution

The customer shall agree that all matters related to the purchase and/or use of products from RealAcoustix LLC, including all disputes, will be governed by laws of the United States and by the laws of the State of Utah without regard to its conflicts of law’s provisions. You agree to the personal and business jurisdiction by and venue in the state and federal courts in Weber County, Utah, and waive any objection to such jurisdiction or venue. The preceding provision regarding venue does not apply if you are a customer based in the European Union, you may make a claim in the courts of the country where you reside. Any claim under these Terms and Conditions must be brought within one (1) year after the cause of action arises, or such claim or cause of action is barred. Claims made under the separate terms and conditions of purchase for goods and services are not subject to this limitation. No recovery may be sought or received for damages other than out-of-pocket expenses, except that the prevailing party will be entitled to costs and attorney’s fees. In the event of any controversy or dispute between RealAcoustix LLC and the customer arising out of or in connection with the purchase and/or use of its products and services, the parties shall attempt, promptly and in good faith, to resolve any such dispute. If we are unable to resolve any such dispute within a reasonable time (not to exceed 30 days) then either party may submit such controversy or dispute to mediation. If the dispute cannot be resolved through mediation, then the parties shall be free to pursue any right or remedy available to them under applicable law.

An electronic signed copy of this Policies Statement must be returned to RealAcoustix LLC via email for the warranty to be in force and to put the job in que. Jobs will not be put into the queue without a signed copy of this Work Order and Agreement and the deposit.