These terms and conditions, hereafter known as "Terms," are applied to any furniture building order and are therefore between Siroh & Ivy (the "Business") and the person ordering the furniture (the "Client") dated based on Client's completion of the initial invoice.
1. SCOPE OF WORK
Business and Client expressly agree that the furniture to be created by Business shall be limited to the deliverables, hereafter known as “the Work,” expressly outlined in the Client's invoice.
Any alterations to the Work will be discussed and approved in writing by both the Business and the Client. Associated invoices shall then be amended.
Upon receipt of Client’s initial invoice, Business agrees to complete the Work according to the timeline outlined in the invoice.
If Client delays in their communication, decision making, or payments, the above timeline will extend day-for-day. Also, note that delays in shipping of hardware/building supplies, as well as the availability of said supplies, may impact the timeline. Business will make Client aware of any changes to the timeline.
Client shall pay Business the full amount of the invoice as compensation for the project. In most cases, a retainer of 50% of the total cost is required before Business purchases the materials or begins any other work. The remaining balance of payment is due upon satisfactory completion of the Work and prior to delivery/pickup.
Payment shall be made in immediately available funds either by check or online invoice. Business and client shall agree which method is best.
All invoices include sales tax as an additional line item as required by law.
The Work will not be available for pickup or delivery until Client fulfills the remaining balance of payment. Once the final payment is made, Business will work with Client to determine Client’s preferred method of delivery.
In the event that Client cannot pick it up, Client agrees to pay all necessary shipping expenses and assume responsibility for insurance and liability, whether Client uses a shipping service or hires Business to deliver the Work. If needed, Business will submit an additional invoice to Client for shipping expenses incurred.
5. ADJUSTMENTS TO THE WORK
Throughout the project, Business will review progress with Client. Client may only request changes to the Work prior to the application of any finish or topcoat. These changes must be submitted to Business in writing.
Business will charge their normal hourly rate of labor for adjustments that are not due to any fault on the part of the Business. Any new material costs incurred by these adjustments will be added to the final invoice as well.
6. Acceptable final dimensions
Business agrees to use all reasonable professional means to produce the finished Work at the original dimensions outlined in the invoice. However, Client agrees that the finished Work is acceptable as long as it is within one (1) inch—either smaller or larger—of the original agreed upon dimensions.
7. TERMINATION & KILL FEE
Client may terminate these Terms at any time by sending written notice thereof to Business at the address provided herein. This includes refusing the Work upon its completion.
If the Terms are terminated before Business begins work, Client agrees to relinquish 25% of the initial retainer plus any costs beyond that percentage due to purchases made by Business for the Work. However, Client shall not pay any other costs associated with these Terms.
If the Terms are terminated after Business begins work or the final Work is refused, Client agrees to relinquish the initial retainer in full and compensate Business an additional 10% of the total project cost.
If these Terms are terminated by Client, Business shall retain ownership of all rights of copyright and the original Work, including but not limited to completed furniture, sketches, and raw materials. Business retains rights to complete, display, and sell the Work, free of any claims or interests of Client.
There are no returns once Client gives final approval and completes the final invoice.
9. POLICY AGREEMENTS
By completing an invoice, Client also agrees to have read and accepted all terms outlined in Business's following policies:
- Cosmetic Standards (https://sirohandivy.com/pages/cosmetic-standards)
- Polyurethane Finish Policy (https://sirohandivy.com/pages/polyurethan-finish)
- Shipping Policy (https://sirohandivy.com/policies/shipping-policy)
- Refunds Policy (https://sirohandivy.com/policies/refund-policy)
- Backorder Policy (https://sirohandivy.com/pages/backorder-policy)
- Ivy League Guarantee (https://sirohandivy.com/pages/ivy-league-guarantee)
These policies are easy to find at sirohandivy.com and clearly outline what Client can expect from Business and their products.
10. NON-PAYMENT; REMEDIES
Any delinquent payments due shall bear interest at the highest applicable statutory rate in any jurisdiction in which these Terms are made. If no such statutory rate applies, payment delinquencies shall bear interest at a rate of 2.5% per month. Client agrees that it shall bear responsibility for any fees incurred by Business in enforcing these Terms, including but not limited to attorneys’ fees and court costs.
11. SEVERABILITY; INTEGRATION
Client and Business agree that these Terms shall not be amended except by a writing executed by both parties, and expressly state that this writing shall constitute a complete expression of the entire agreement between the parties and that no additional terms exist that are not included herein. To the extent any provision contained in these Terms shall be found to be void, invalid, or otherwise unenforceable in any way, such invalidity shall not affect the remainder of these Terms, which shall remain in full force and effect.
12. UNAUTHORIZED USE BY CLIENT; INDEMNITY
Client agrees to indemnify Business against any and all claims and expenses, including but not limited to attorneys’ fees and costs, incurred as a result of Client’s unauthorized use of the Work under these Terms, including the enforcement of these Terms by Business.
13. WARRANTY OF ORIGINALITY
Client agrees that it shall hold Business harmless for any claim or liability caused by Client’s use of Business’s product to the extent such use infringes upon the rights of any other person.
14. RELEASE OF LIABILITY
Client agrees that it shall not hold Business or any agent thereof liable for any damages arising from Business’s failure to complete the Work in a timely manner, regardless of whether such failure was caused by intentional or negligent acts or omissions of Business or of any third party.
15. APPLICABLE LAW
These Terms shall be governed by the laws of the County of Beaver in the State of Pennsylvania and any applicable Federal law.