Terms and Conditions
Jamaica Cottage Shop, Inc.
The following Terms apply to your access to and use of our online shop and the supply of goods ordered via our shopping cart, as well as e-mail, phone and orders placed in person. By ordering goods from Jamaica Cottage Shop, you acknowledge that you have read, understood, and agree to be bound by these Terms. This Terms Agreement constitutes a legally binding agreement made between you, whether personally or on behalf of an entity (“user” or “you”) and Jamaica Cottage Shop, Inc. and its affiliated companies (collectively, “Company” or “we” or “us” or “our), concerning your access to and use of the https://jamaicacottageshop.com Website and Shopping Cart, phone calls and e-mails.
You may buy goods offered online by us by adding them to your shopping cart and completing the order form available on our website. You may also stop by the factory location in South Londonderry, VT to place an order, email, and/or call your order in. To buy goods , you must be at least 18 years of age. By placing an order, you confirm that you are at least 18 years of age and that all information you provide is accurate, complete and not misleading.
You agree to deal with us in good faith and in compliance with all applicable laws. We may cancel orders where we consider that you have not dealt with us in good faith or have otherwise breached applicable laws, even if the payment method has been charged and/or an order has been confirmed. If your credit card is charged for the purchase and we cancel the order, we will notify you for the amount charged at our discretion.
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the Website or The Company products provided by you to The Company are non-confidential and The Company shall be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
Placing an Order –
The Company bills you through an online billing account for purchases of products and/or services when placing your order online. For orders in person and/or via phone, The Company accepts all major credit/debit cards, as well as cash, check, money orders, wire transfers, and PayPal. You agree to pay The Company all charges at the prices then in effect for the product(s) you or other persons using your billing account may purchase, and you authorize The Company to charge your chosen payment provider for any such purchases. If you have ordered a product that is subject to additional charges, then you agree to contact The Company with payment provider information prior to the shipping/delivery of your product and you consent to The Company charging your payment method for any balance due without requiring your prior approval.
Order Confirmation —
Once you submit an order, you have a 3 day grace period in order to make changes or cancel the order as long as the product has not shipped yet. All orders are subject to acceptance by us, at our discretion. Estimated time frame is calculated from the date of your order confirmation.
Orders are considered confirmed based on the following:
1. Upon expiration of the 3 day grace period, your order is considered “confirmed” and will be placed on our Production Schedule (your lead time will begin upon expiration of the 3 day grace period); OR
2. An exception is an order whose additional screening has resulted in The Company requesting a signature on the itemized invoice as confirmation to move forward. Please Note: a signature request does not void or alter the 3 day grace period allowed for changes or cancellation. All standard policies will remain in effect while The Company waits for the returned signed document. The order will be considered “On Hold” and will not be put onto our Production Schedule until the signed invoice has been received by The Company. Once the signed invoice has been received, the order is considered confirmed and the lead time will begin.
Lead times are estimates only; no promises or guarantees.
All prices are in US dollars ($). All prices are subject to change without notice. While all information and pricing is deemed accurate, The Company has the right to refuse or cancel any orders placed containing incorrect amounts due to typographical errors or incorrect prices. We are under no obligation to accept an order for which the price was posted incorrectly.
Formal Quotes are good for 30 days unless otherwise specified on the quote, with exception, if the quote entails a special offer, promotion or discount, the quote is only good for as long as the special offer is valid. Visa, MasterCard, Discover, Amex, & PayPal accepted.
The full payment for your order (including the product price, shipping/delivery charges, and applicable tax) is deducted from your credit card on completion of your online order. Once payment has been processed/validated, the order details will be emailed to our office and a Cottage Associate will review the order and generate an itemized invoice including all specifications and quantities of the product included with your order. The itemized invoice is emailed to the email address you supply during the Cart Checkout process. The turnaround time for generating and emailing the invoice to you has no bearing on any policies as outlined in these Terms.
While the Shopping Cart has been set up to the best of our ability to take into account all fees associated with an order, additional fees including Diesel Surcharges, Residential Delivery Fees, and additional Delivery and/or Re-assembly Fees that may not have been generated in the Cart may apply. It is not our intent to have any “hidden fees” and we are happy to discuss any questions you may have prior to submitting your online order – feel free to call to speak with a Cottage Associate 866 297 3760 or email us. We will email you should there be any additional fees associated with your Cart purchase. Failure to receive and or reply to our email before the 3 day grace period (see 2 Cancellations section) has expired does not warrant exemption from the Cancellation Policies should you decide not to proceed due to additional fees involved.
Delivery will commence based on the current estimated lead time (see Shipping).
Please keep in mind that transactions may involve additional screening and we will require confirmation on key details before we proceed to fill the order. In this event, we will contact you via email. In some cases this may delay your order by a short period, depending on whether we are able to reach and discuss details with you or not.
A deposit will no longer be refundable after one year from deposit date, at which time a deposit can be used as store credit for up to a period of 3 years after the deposit date after which time the deposit is considered forfeited. Standard Cancellation policies will remain in effect for all orders that have been placed on Hold.
Any and all products ordered by you remain the property of The Company until they are paid in full to the satisfaction of The Company.
The Company may provide special offers in relation to goods from time to time. At any time, we may terminate any special offer without advance notice. If terminated, a special offer will continue to apply to goods you ordered in good faith in accordance with these Terms before the special offer was terminated. The Company is under no obligation to honor a special offer in combination with any other discount or promotion that you are already taking advantage of. Special offers do not apply to and cannot be applied to past or existing orders. “Lowest Pricing Guaranteed” is an offer open to the public, pertaining to all new orders, and does not pertain to past or existing orders. The offer is a guarantee that The Company will match or beat any competitor pricing based on the following: You must send us a competitor advertisement for a comparable building – the materials, dimensions of lumber, and the construction will all be taken into consideration to compare the costing of the buildings to the best of our ability and in following with our product line (we will not substitute materials that we do not currently use in our product line in order to match the competitor building). The advertisement must reveal their shipping costs. The advertisement must be offered to the public and not private contractor pricing and/or other agreement/quote not available to the public.
CANCELLATIONS & CHANGES
Your order is refundable if cancelled within 3 days as long as the item has not shipped yet (the format for determining the timeframe is based on the date the order was placed and not based on what time the order was placed); Otherwise all of your deposit will be refunded except 25% of the total product cost. All cancelled or returned orders will be subject to an additionalprocessing charge of 3%. Please allow an estimated 5 to 10 business days for processing refunds. Standard cancellation policies will remain in effect for buildings on hold. If you must cancel please send us an email to or call toll free (866) 297-3760. Be sure to leave a message if after hours or if you are unable to discuss your cancellation with a Cottage Associate.
If you would like to make changes to your order, you may do so within the 3 day grace period as outlined above. After the 3 day grace period, there is a $250 fee to discuss changes, as well as the possibility of labor costs of $125/hour per man plus materials (case-by-case, call the office to discuss with a Designer should you be interested in changing your order).
Change Fees and Cancellation Fees are based on the 3 day grace period and apply regardless of whether the product has been designed/produced yet. If we have already built your fully assembled project and you request any changes to be made, the order will be cancelled per our standard cancellation policies, all cancellation fees applied, and a new order generated to accommodate the changes.
From time to time there may be errors on our website including but not limited to wrong pricing, wrong descriptions and offers for products that are not available or are no longer available. Despite anything else in these Terms, to the extent legally permitted, we may decline or cancel any orders that are affected by the error, even if the order has been confirmed and a credit card charged. If your credit card is charged for the purchase and we cancel the order, we will notify you and discuss recommended alternatives or cancellation options.
It is the client’s responsibility to research and handle all permitting, zoning, site preparation, and weather-concerns in their area that may affect delivery, the product, and/or their readiness to purchase and/or accept delivery. JCS’s PRODUCT is the building (Pre-Cut Kit, Ready-To-Assemble, DIY Plan (not to be confused with blueprints or engineered drawings which they are NOT), and Fully Assembled) and Materials, Accessories, & Millwork offered on the website. While staff is eager to assist clients by linking to recommended assemblers, site prep contacts, and/or others, JCS does NOT claim to know or offer services of or relating to permitting, zoning, site preparation, or the hook up of any electrical, heating, plumbing, or solar packages after delivery. It is the client’s responsibility to ensure they research local municipality information and guidelines regardless of their proximity to JCS’s location, property knowledge (soil, drainage, hookup locations if any, etc), site prep that will be necessary for their property, and to source a licensed professional to handle the hookup of all packages after delivery. Failure to do so may result in issues that JCS is not liable for and will not waive or exempt from all standard policies. The client’s site does not need to be prepped for JCS to deliver an FA building – not prepping the site accordingly to JCS recommendations will void the Warranty; however, JCS is happy to deliver regardless of the client’s site preparation – JCS delivers all year round (weather/holiday/equipment/DOT-dependent). It is up to the client to research and prepare accordingly when, and before, they purchase as weather can change and impact delivery lead times very quickly. JCS is not responsible for changes in weather that affect the Company’s ability to deliver within the estimated lead time. Estimated lead time is an estimate only and calculated from the date of deposit/order confirmation. JCS makes no promises or guarantees, but will do its best.
Pictures may be of client-modified projects and do not depict the standard option of the design (per its downloadable spec sheet online) – they may contain windows, doors, siding, hardware, etc., not included in the standard design/order. Please refer to the PDF spec sheet online for the design’s standard specifications or ask a Cottage Associate 866 297 3760. It is your responsibility to understand what does or does not come standard for your product selection. The Company is under no obligation to supply materials free of charge for any misunderstanding of the
Some cutting of lumber is to be expected during assembly of any of the kits. It is The Company’s intention that all framing members including siding, roofing, pre-dimensioned trim, fastening hardware, windows and pre-made doors are cut and ready for assembly. The floor system walls and rafters have all been cut, color-coded and part numbered. The detailed cut list coincides with the step-by-step plans. While The Company has pre-cut all of the lumber and roof metal for our pre-cut kits, and have geared many kits to a do-it-yourself homeowner with beginner to basic knowledge of carpentry, there may be minimal on-site cutting involved that is necessary to complete a project. Due to the nature of the full
dimensional rough sawn lumber, a 1/4” variance is common. Extra lumber is included to compensate for this. Fascia and Shadow Trim boards are generally sent long to allow it to be cut to size for each building. Siding boards may need cutting to fit tight. Substitutions of lumber lengths and species are common and will not affect the outcome of building the design. Time required to assemble a kit is only an estimate and cannot factor in all the variables of each job site. Some kits are more complicated than others and may require the advice and assistance of a licensed contractor. The Company is not responsible for any labor that has gone above and beyond the estimated assembly time. We feel confident that the organization, plans and thought that have gone into the preparation of the kits will result in a quality finished product. Basic carpentry tools will be needed and a saw is recommended should there be any on-site cutting required. Consider speaking to our Tech Support first before cutting or changes to the project.
If you order goods and some are not in stock, you agree that we may fill that part of your order for which stock is available and ship the backordered items as soon as they arrive at our shop.
For Kits – any changes to the standard design (per the PDF specification sheet) including rough opening dimensions for door and or windows, siding, and/or roofing, etc., will require on-site cutting and will not be reflected in the step-by-step plans. The changes are the responsibility of you who may make their own modifications by purchasing substitute and/or additional materials via separate order. Kits will be pre-cut for all standard rough openings regardless of client-requested deductions of standard options. We make all attempts to accommodate revisions to original design but make no guarantee to quantity of materials needed for the modifications. Additional Millwork orders do not include the lumber to frame and trim (available separately, ask a Cottage Associate). See “For Plans” below for more information regarding the step-by-step plans that accompany your kit.
For Plans — Step-by-step plans are not engineered drawings or blueprints. DIY do-it-yourself plans are for rough sawn full-dimensional lumber: standard 1 ¾” for 2” stock and true 4” for 4×4 by actual width. Plans are in American English measurements and are not offered in metric.
Vermont engineered drawings may be available for separate purchase – contact a design team member to learn more. Plans may be purchased online and accessed right away digitally or you may opt to pay the shipping and handling fee to have them printed and mailed to you as a hardcopy. Plans orders are non-refundable. No exceptions. When The Company provides you with Purchased Plans or Free Plans, whether digital or hardcopy, they are copyrighted and you have not been given license to sell or transfer them. You agree to use the Plans to build the design depicted in the Plans (the “Project”) one time and one time only; and to modify and reproduce the Plans solely to the extent required for purposes of satisfying your specific needs and/or to meet the requirements of your specific state and local building codes, ordinances or regulations in completing the Project. In addition to any other requirements set forth in these Terms you agree that you will not and shall not authorize or permit anyone else to, sell, redistribute or publish the Plans, or otherwise disclose the Plans to anyone other than contractors, consultants, lenders or governmental agencies on a “need to know” basis as reasonably required for the purpose of building the Project. You understand that The Company does not modify the Plans regardless of specific design requests.
The term “trial stages” applies to pre-cut kits that have not yet completed the trial period necessary to address all possible discrepancies that may occur and need to be resolved. It takes accurate feedback over time to iron out all of the inconsistencies, discrepancies, and errors that may exist in sizes and designs of kits that are newly offered to the public for purchase. Each will still have a fair potential to contain inconsistencies and discrepancies that will need troubleshooting by you on-site, including on-site cutting and adjustments. Please work closely with our tech support to continue to move forward in the best way possible to complete the project. While we will work closely to help complete the project via Tech Support calls and emails, the Company is under no obligation to pay for any additional or unexpected labor involved. This applies to the trial kit’s PDF specification sheet available for download on the Product Page for the design – all information including, but not limited to, pallet shipping sizes, weights, and/or estimated assembly time are estimates only and subject to change. Cube sizes and weights vary based on options, moisture content in the lumber, and other conditions unforeseen at time of purchase. It is your responsibility to contact our Logistics Department prior to shipping to communicate and gather final information regarding shipping cube sizes, total shipping cubes, and final pallet weights. JCS is not responsible for additional freight/shipping costs the client may accrue with third parties while arranging their part of any shipping and/or pick up of any product.
The Company complies with all federal, state, and local laws regarding the transporting of products and cannot ship if the weather conflicts with any laws. Lead times for production and delivery are estimates only and vary depending on product. Please be sure to discuss your order lead time with a Cottage Associate. It is your obligation to enter the correct delivery address details at the time of ordering. Plans and Accessories are the only orders that may be shipped to a PO Box. We make no guarantee that the product will meet all local and state codes; it is your responsibility to look into all local and state building codes, setbacks and permits prior to placing an order. Failure to do so warrants no exception from any of The Company’s Cancellation or Returns policies.
From time to time, we may offer free shipping promotions or similar. During the stated period of the promotion, the express terms of any specific promotion override these Terms other than the Special offers and Error sections. You must pay any return freight costs on change of mind purchases; however we will cover redelivery costs for exchanges for the first exchange.
Free Shipping stipulates that the product will be received by the deadline date or standard shipping rates apply. The Company complies with all federal, state, and local laws regarding the transporting of products and cannot ship if the weather conflicts with any laws. The Free Shipping stipulation remains in effect for all reasons including (but not limited to) the inability of us to ship due to weather or any other acts of God or if the site preparation is not complete. Additionally, shipping rates apply if the access to the site is inaccessible or obstructed for any reason. The only exception is The Company fault due to unforeseeable circumstances such as truck and/or equipment failure at which time the delivery can be rescheduled at no charge. We make all accommodations possible, but cannot guarantee shipment by the deadline date if the delivery schedule is already full – so be sure to contact our dispatcher and book your delivery early. For pre-cut kits: Cube sizes and weights vary based on options, moisture content in the lumber, and other conditions unforeseen at time of purchase. It is your responsibility to contact our Logistics Department prior to shipping to communicate and gather final information regarding shipping cube sizes, total shipping cubes, and final pallet weights. JCS is not responsible for additional freight/shipping costs the client may accrue with third parties while arranging their part of any shipping and/or pick up of any product.
Fully assembled buildings are delivered within a 200 mile radius of our southern Vermont factory. We allow a 3 hour limit for delivery and set up of Fully Assembled buildings. The delivery time will begin where the municipality stops maintaining the road. Thereafter, $62.50 for every 15 minutes over the allotted time will be charged and due on delivery. Additional fuel surcharges may apply to rural areas (see PRICES section).
We will provide the necessary concrete blocks for installation of the building. Each building has a pre-determined amount of blocks needed for a proper set up on a level site (outlined on the itemized invoice you are emailed). If the site is out of level and requires extra blocks upon delivery of the building, $10 per block will be charged (due on delivery). It is your responsibility to have the site prepped and all obstacles removed prior to our delivery driver’s arrival. Clients are responsible for having all heating units; plumbing and/or electric inspected, certified and hooked up (and trouble-shooted, if necessary) by a licensed technician after delivery.
Delivery equipment is very heavy. If the grass is wet on the day of delivery, rutting will most likely occur. We are not responsible for lawn, in ground sprinkler system, buried tank or landscape feature damages that may be caused by delivery equipment. If you have concerns that the area is too wet, you may request a new delivery date keeping in mind that we are then at the mercy of the delivery schedule and cannot guarantee delivery will be completed in your estimated lead time. It is your responsibility to inform The Company of any concerns or obstacles
that may affect the ability of the truck and trailer to access the site for delivery. Standard Cancellation policies will remain in effect regardless of the ability of The Company to deliver the fully assembled product to the site that you have prepared and additional charges may be applied for any and all attempts of The Company to complete the installation.
For winter deliveries, it is your responsibility to ensure the entry, path, and site are all clear of snow and ice. You must sand all necessary areas. If any area of your property (including any roads that the municipality does not maintain for you) that the delivery truck and trailer must use is not properly sanded, The Company is not liable for any resulting accidents, issues, or damage. In instances where you have not cleared and sanded the necessary areas, the driver reserves the right to refuse to complete the delivery and installation and a new delivery date will be
scheduled keeping in mind that you are responsible for all return and re-delivery fees that will be applied and there is no guarantee as to how soon another attempt may be made.
You may send photos of your property including the truck access point, path, and intended site if you have any concerns. If photos are not sufficient, a Site Visit may be requested. Site Visits are $250 (USD) and must be paid prior to the visit. The $250 payment may be reimbursed if you move forward with your project. In other instances, the charge may be waived if you have already paid for your order; however, the $250 fee for any site visit completed will be due should you cancel your order and not move forward with a project.
Wide load cancellations within 48 hours of delivery date will incur a $100/re-permit fee for each permit required. Wide load transportation permits must be ordered days in advance to be sure the load is ready for transport therefore if the delivery is canceled within 48 business hours of transporting new permits must be ordered as they are only valid for a single trip.
Pre-Cut Kits – In House
The Company drivers deliver pre-cut kits curbside to residences or businesses that are within a Two Hundred mile radius of the shop (zip code 05155). The delivery equipment can off load your kit hydraulically. At the discretion of the driver you may mark the location on your property where the kit can be off loaded however the delivery is curbside and the driver is under no obligation to enter the property. You do not need to be present at the time of delivery. We allow a 2 hour limit for kit delivery. Additional shipping fees may apply for extreme urban or rural areas and for kit deliveries that take more than 2 hours. Truck must be able to be off loaded completely out of the traveled roadway. Lift gate service is not available.
Pre-Cut Kits – Freight: contiguous US
Kits delivered outside of our in-house delivery zone will be shipped via third party freight. Free shipping for freight deliveries applies to clients that have their kits delivered to a local business that they find that has space for a full-sized (enclosed) tractor trailer and the appropriate equipment for unloading. Appropriate off-loading equipment includes forklifts or tractors that have the ability to safely maneuver a minimum of 5,000 lbs. You must enter a valid Business address as the shipping address in order to receive the free shipping. By indicating that the shipping address is a business, you are relaying that the address can accommodate a full-size tractor trailer, and that there is appropriate equipment to unload the packages. The Company is not responsible for any issues or additional fees due to incorrect information supplied. Remote areas and those off of dirt roads may not be eligible for freight shipping and you will need to find a more suitable address for delivery and offloading and accept responsibility for all additional fees that may be involved – discuss your intended shipping address with our Logistics Team prior to purchase should you have any concerns.
Cube sizes and weights vary based on options, moisture content in the lumber, and other conditions unforeseen at time of purchase. It is your responsibility to contact our Logistics Department prior to shipping to communicate and gather final information regarding shipping cube sizes, total shipping cubes, and final pallet weights. JCS is not responsible for additional freight/shipping costs the client may accrue with third parties while arranging their part of any shipping and/or pick up of any product.
The truck must be able to be off loaded completely out of the traveled roadway. Lift gate service is not available. Most often times, the freight truck is an enclosed full-size tractor trailer.
Kits that weigh less than 3,000 lbs. may be shipped to a residence. A $550 residential delivery charge will be added to freight shipments that are delivered to residential addresses. The kit will need to be unloaded by hand from the trailer. It is required that you have space for a full-sized truck and trailer to park off the public traveled right of way. It is recommended that you have several able-bodied people be there at the time of delivery to help unload the kit by hand when the truck arrives. Each helper should be equipped with a pair of gloves and a cutting tool to cut bands and plastic wrapping. The driver of the truck is not required to assist with unloading. (See Damage section and Returns policy for more info).
Pre-Cut Kits – Freight: Canada
In addition to all information as outlined under “Pre-Cut Kits – Freight: contiguous US”, all shipments to Canada will be subject to a 7% import duty tax on the total cost of freight being shipped. This duty tax takes care of all brokerage fees, documentation and import duties. Cube sizes and weights vary based on options, moisture content in the lumber, and other conditions unforeseen at time of purchase. It is your responsibility to contact our Logistics Department prior to shipping to communicate and gather final information regarding shipping cube sizes, total shipping cubes, and final pallet weights. JCS is not responsible for additional freight/shipping costs the client may accrue with third parties while arranging their part of any shipping and/or pick up of any product.
Packing Problems: Please check your items against your receipt. If there are any discrepancies please call a Cottage Associate 866 297 3760 or email us prior to the delivery driver leaving. In addition to your statutory rights, if you change your mind we will happily exchange or refund your item/s providing the following conditions have been met (with the exception of plans purchases which are nonrefundable):
1. The item has not shipped yet and standard cancellation policies apply; If the item has already shipped, you return it to us at your cost; and
2. Items must be in original condition as purchased, with all labels/tickets attached.
Returns/exchanges can be returned at your cost to:
Jamaica Cottage Shop, Inc.
170 Winhall Station Road
South Londonderry, VT 05155
If you return items to us that do not comply with the above requirements, we may either return them to stock inventory without any further compensation to you or will return them to you at your cost.
Upon delivery, a quick inspection should be conducted and the freight bill signed to show you received the correct number of packages and that there is no damage. You do not have to accept any delivery of damaged merchandise and may refuse the shipment. Write any damage on the bill of lading and inform the driver. You must call the office 866 297 3760 or email us to report the damage and to inform us as to whether or not you will be accepting delivery or refusing the shipment before the driver leaves. If your kit is missing parts or damaged, please contact us right away.
Contact The Company within 7 days of receipt of a damaged RTA (ready-to-assemble) garbage bin or pellet box kit. For the pre-cut kits, a full inventory should be taken and JCS contacted within 10 days to report any damaged or missing pieces. We will replace any broken or damaged parts pending our production and shipping schedules – please email or text us at 1-8002-297-3760 with photos of the damaged parts as well as the part #’s as indicated on the parts’ labels. The Company. reserves the right to determine whether a part is actually damaged or if it is a part of the nature of the rough sawn lumber used in our manufacturing process. Lumber labeled EL (extra lumber) should be used first to correct any issues (temporary bracing lumber may also be cut and used for correcting errors in other parts of the materials). Unless specified otherwise, all lumber is full-dimensional rough sawn milled lumber – a small % of wane, cracks, knots, etc are to be expected. After 10 days, The Company will reserve the right to determine the course of action on a case-by-case basis.
The Company will not reimburse the cost of labor for replacement of any defective part and will repair or replace the defective item free of charge within the stated warranty period, provided that the defective part is returned for inspection. The consumer will be responsible for the cost of shipping the defective part back to us and The Company will be responsible for the cost of shipping the replaced part back to the consumer.
For hardware and accessories purchases: 14 day return policy – client is responsible for returning the item at their own cost. Item(s) must be returned in the same condition as they were shipped and in like-new condition or the return may be rejected. Restock Fees of 25% of the total product cost may apply. Special/custom orders are non-refundable. Shipping Fees are not eligible for reimbursement.
The Company structures are covered for a period of two years for defects in materials and workmanship. We will repair or replace any defects at our discretion. Our manufacturing and shipping process is closely scrutinized, however, should you have any concerns whatsoever, our toll free line offers prompt and courteous assistance.
The Company is not responsible for any mishandling of, improper storage of, or neglectful maintenance of any product after delivery has been completed and reserve the right to deny any warranty claims where any of these acts have been deemed to be the cause of the product issue.
The warranty is null and void if the site is not prepared according to our recommendations prior to delivery, or if the product is moved or altered by anyone other than a The Company professional. This includes, but is not limited to additions, cutting, or changing the building in any way. Any damage occurring during a delivery to a site that is not properly accessible or prepared is not covered by the warranty and is the responsibility of you. Any damages caused by lack of maintenance, vandalism, or improper installations (not performed by a The Company employee) are not covered under this warranty. The warranty does not include acts of god, fire, flood, windstorms, doors or windows, damage due to misuse, accident, neglect or any building that has been altered in any way. Leveling, sagging and/or shifting are natural occurrences and are not covered under this warranty.
Wood is a natural substance that is affected by weather conditions and must be properly maintained. This warranty does not extend to color change due to normal weathering. Seasonal cracks and chips are natural characteristics of wood and are excluded from warranty. Additionally for pre-cut kits: The protective wrapping should be removed from the ends of the kits right away after delivery; Kits should be stored in protective wrapping for no more than 10 days, thereafter under a roof. Lumber should always be allowed to breathe and be vented and open to the air, allowing any moisture to escape. Tarping the lumber is the worst thing that can be done and will create a habitat for moisture and insects to collect, as well as mold, resulting in rapid decay of the materials. Improper handling and storage of the kit will void the warranty, no exceptions.
Termite prone areas mid-Atlantic and southern states hemlock and pine will not stand up to termites. A termite shield made from non-corrosive metal such as aluminum should be in place to deter termite damage. Cedar and pressure treated lumber is encouraged in these termite prone areas. The Company is not responsible for any wood deterioration due to termite/insect damage.
The Company determines the best course of action to resolve any issues covered under the Warranty. If The Company is to ship any materials or products to resolve an issue or if The Company is to schedule a driver or carpenter to return to the client’s site to perform any repairs to the product that were a direct result of the delivery and installation of the product, a Work Order will be generated with applicable information, instructions, and materials, as well as any additional costs that may not be covered under the Warranty. After the initial Work Order, should any further Work Orders need generating to resolve any issues, a Release of Liability will be generated. The Release of Liability is standard protocol in the event of a second or multiple Work Order request and must be signed by you and returned to The Company before any further Work Orders will be completed and/or shipped.
LIMITATION OF LIABILITY
To the extent legally permitted, in no event will we be liable to any party for any direct, indirect, incidental, special, exemplary or consequential damages of any type whatsoever related to or arising from the supply of goods or services via this website or the use of such goods or services by any person, including, without limitation, any lost profits or savings, damage to or loss of property or personal injury (including death), even if we are expressly advised of the possibility of such damages. This exclusion and waiver of liability applies to all causes of action, whether based on contract, warranty, tort (including negligence) or any other legal theories. To the extent that the above exclusion of liability is unenforceable, invalid or ineffective for any reason, it will be severed from these Terms and our maximum aggregate liability for all losses, damages and other amounts referred to in the above exclusion of liability under any cause of action referred to in the above exclusion of liability is limited.
You agree to indemnify, defend, and hold us, our officers, directors, employees, agents, contractors, licensors and suppliers harmless from and against all losses, expenses, claims, proceedings, damages and costs (including actual, special, direct, indirect, incidental, exemplary or consequential) of every kind and nature made by any other party due to or arising out of any violation of these Terms, any terms and policies it incorporates by reference, the rights of another party, any applicable law, statute, ordinance or regulation or due to or arising out of any activity related to goods and services supplied by us.
In the event of conflict, to expedite resolution and control the cost of any dispute, controversy, or claim related to this Agreement (“Dispute”), you and The Company agree to first attempt to negotiate any Dispute informally before initiating any arbitration or court proceeding. Such informal negotiations commence upon written notice from one person to the other.
If you and The Company are unable to resolve a Dispute through informal negotiations, the parties agree to submit to binding arbitration. Any election to arbitrate by one party hall be final and binding on the other. The arbitration shall be commenced and conducted under the Commercial Arbitration Rules of the American Arbitration Associate (“AAA”) and, where appropriate, the AAA’s Supplementary Procedures for Consumer Related Disputes (“AAA Consumer Rules”), both of which are available at the AAA website www.adr.org. The arbitrator will make a decision in writing, but need not provide a statement of reasons unless requested by a party. The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so. Except where otherwise required by the applicable AAA rules or applicable law, the arbitration will take place in Windham County in the State of Vermont. The parties agree that punitive damages will not be permitted. Each party shall bear its own costs in the event of arbitration. Any arbitration shall be kept confidential by the parties and shall not be disclosed by the parties, except as required by law. You agree that any arbitration shall be limited to the Dispute between The Company and you individually.
You agree that the Dispute does not pertain to Company officers, employees, or other individuals representing The Company.
You can contact us using any of the following methods:
· By calling our office during regular business hours (as posted on our website)
· By emailing us at design (at) jamaicacottageshop (dot) com; or
· By mail addressed to Jamaica Cottage Shop, Inc., 170 Winhall Station Road, South Londonderry, VT 05155
NOTICES TO YOU
We may notify you by email, a general notice on this website or by other reliable method to an address or using contact information previously provided by you.
You acknowledge and agree that we are excused from performing our supply and other obligations and will not be responsible for any delays where and so long as we are prevented from performing our obligations under these Terms by events or causes beyond our reasonable control. We will endeavor to notify you of any delay and its expected duration. If we are prevented from performing our obligations for longer than a reasonable time (as determined by The Company), we may elect to cancel your order and issue you a credit for the order without further liability to you.
These Terms (including any terms or policies incorporated by reference) set out the entire agreement between you and us concerning its subject matter and supersedes all prior communications.
We may alter these Terms from time to time by posting the altered version on our website. You should visit the website regularly to keep up to date with any alterations. In the case of an alteration, the altered Terms only apply to goods ordered via the website after the alteration takes effect.
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