Terms and Conditions

The following policies, terms and conditions apply to all purchases made from RealAcoustix LLC, 2361 B Avenue, Ogden UT 84401. 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 LLC. This shall include, but not be limited to, raw materials ordering, shop drawings, custom samples, manufacturing, shipping etc. Additionally, manufacturing cannot and will not commence, nor shall the estimated manufacturing time begin, until 1. The deposit is received 2. 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. Once a project has been started and more than 25% of the materials or products have been produced by RealAcoustix, in full or in part, the customer may not cancel the order and is liable for the balance due on the project in full.

Payments may be made by check, wire transfer or credit card. All credit card payments incur a 3% surcharge. Projects totaling over $7500.00 US shall not be payable by credit card. Work shall commence after receipt of funds into the account. 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 LLC. 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.

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.

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 $85/hour.

Shop Drawings needed prior to deposit are charged a minimum fee of $200 or 5%, whichever is greater, of the project total. An order for the entire project is required for any shop drawings. This fee will be credited towards the project. Any revisions on drawings prior to deposit will incur an $85/hour additional charge and are in addition to the project. Fees will be billed and due upon completion of each set of drawings.

Shipping & Damage Claims

Shipping and Crating: Shipping and crating costs are estimated and RealAcoustix offers no guarantee as to the actual shipping costs once the job is ready to ship. Crating costs and shipping costs are included as one amount. The trucking and shipping industry can be volatile and fluctuate dramatically at times. RealAcoustix staff does its best to provide accurate estimates but long lead times in jobs/projects can result in large shifts in shipping costs. Shipping times are estimated and RealAcoustix assumes no liability for delays in a customer receiving their shipment. Once shipped, the liability for delivery in a timely manner is the responsibility of the carrier or trucking company.

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.

Materials, Finishes and Fire-rating:

The customer shall be responsible for providing samples of any custom finishes required for their order prior to manufacturing. 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 prior to manufacturing. 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. 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 duly 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. A good example is our RealAB/RealHIR and other fabric-wrapped panels. Customers may note that panels that exceed dimensions, in either direction, of either 24” or 48” will have a higher price attached to them. For instance, a 2’x4’ panel will be priced differently than a 3’x5’ panel. The reason for this is that there is a large waste factor in the 2nd panel size, waste that cannot be utilized for producing any other usable product in most cases. As such, the price must reflect the waste factors encountered in the production of that panel.

Likewise, when a wood or panel project incorporates unusual angles or obtuse designs that do not fit in with normal square or rectangular shapes of conventional design, the square footage for our estimates includes that waste factor in many cases. The customer may notice this in their estimates or invoices and question the methodology. Please be advised that, unless a change order is submitted, the estimate will be their firm price (excluding shipping) and that the square foot estimates are based on the actual materials used with a waste factor included.

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.

Customers are reminded that once they have accepted an estimate or invoice they have agreed to the total price for a project, including the calculated waste factors. No variance from the total amount of the project will be allowed once a deposit is submitted and the project/job is in que.

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 section six (6) of this document after initial delivery and the factory notified within 24 hours of the inspection time limit.

Any products that develop problems during the warranty period will be repaired or replaced, at the discretion of RealAcoustix upon evidence that all environmental conditions as stated in our Policies have been met and sustained during the warranty period. Please note that any products subjected to conditions in violation of the terms and conditions contained in this document will not be subject to any warranty by RealAcoustix.

Conditions that may void the warranty can include, but are not limited to, exposure to chemical fumes, vibrations, presence of standing water, precipitation, moisture coming into direct contact with the ceiling or wall, such as could result from building leaks or condensation, excessive humidity, excessive dust, dirt buildup, or any alteration made to the product, including drilling, cutting, glueing, etc.

RealAcoustix will not be responsible for any labor costs related to the removal, packaging, crating or reinstallation of the warrantied product(s) including any associated labor, packaging or crating costs related to these items.

The customer shall be responsible for providing pictures to RealAcoustix of any warranty claims prior to any warranty products being repaired or replaced. RealAcoustix retains the option to provide on-site repairs where it deems it responsible to do so. Any warranty work provided by the customer to be billed back to RealAcoustix must be approved, in writing, by RealAcoustix, with the associated charges, in advance of any work being done. In no case shall repairs performed by the customer exceed 25% of the cost of the product to the customer. Customer shall be responsible for preparing for shipment any defective products that will be repaired by RealAcoustix. RealAcoustix shall provide any replacement or repaired products, and their shipment, at its expense.

While every effort is made to match veneers, fabrics and other products, there will be variances in color, shade, grain patterns and other natural conditions based on dye lots, logs, veneer flitches etc. Large projects are especially subject to these conditions and the customer should expect some variances in these conditions as these are naturally occurring incidences. These do not constitute a warranty claim due to these natural conditions.

Unless a warranty claim is provided to RealAcoustix within the appropriate initial 72-hour period after delivery to the customer, warranty claims will not be honored unless and until full payment for all products and shipping has been received by RealAcoustix. In any case, warranty claims by the customer shall not be grounds for withholding payments to RealAcoustix.

Due to varying conditions, including climate and manufacturing variables, all products are subject to a +/- 3/32” variance in height, width or depth. While every effort is made to keep the variables as exact as possible, material expansion and contraction, as well as other conditions, will, at times, cause variances in materials. Trim factors for mounting materials, such as ceiling tiles, are warrantied to fit into the appropriate space without falling out or exposing gaps or edges. All mounting sizes are averages only and not warrantied to be exact, only to be appropriate to be retained in the mounting surface.

All RealAcoustix wood and fabric-covered products are warrantied against cracking, fading, delaminating or separating for a period of one year from the date of purchase unless the products are subjected to direct or indirect UV light i.e. sunlight, close florescent light etc. Direct UV light within a few feet will discolor wood, finishes and fabrics over time and fade their natural beauty. Please be cautious as to where products are installed and their exposure to elements. Warranties are limited to environments that are climate-controlled (conditioned) with a temperature that shall be maintained between 55° and 75° (12.8°C – 23.9°C) and humidity that shall be maintained between the levels of 30% to 55%. It is strongly recommended that the client or facility where the products are installed maintain logged temperature and humidity data for each day that the product is on the property it is to be installed on, through the last day of the warranty. All warranties shall be limited to the repair or replacement of products at the discretion of RealAcoustix LLC. The customer shall assume all costs related to the removal of and/or re-installation of warrantied products.

Product Storage prior to installation: In all cases, products waiting to be installed must be stored in an environment that meets the temperature and humidity conditions as listed in this document. Conditions exceeding these levels will void any warranties by RealAcoustix.

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.