COMMERCIAL PROGRAM

COMMERCIAL PROGRAM TERMS & CONDITIONS

These terms and conditions apply to all products and services sold by TSP Holding Co. dba Today’s Patio to you.

ANY SALE OF PRODUCT OR SERVICE AND ANY TODAY’S PATIO OFFER OR ACCEPTANCE ARE EXPRESSLY CONDITIONED ON ASSENT TO AND ARE LIMITED TO THESE TERMS. YOUR SIGNATURE ON A TODAY’S PATIO QUOTATION, PARTIAL OR FULL PAYMENT FOR AN ORDER OR YOUR SUBMISSION OF ANY EMAIL OR OTHER WRITTEN DOCUMENT ACCEPTING A TODAY’S PATIO QUOTATION SHALL CONSTITUTE YOUR ACCEPTANCE OF THESE TERMS AND CONDITIONS. ALL TERMS OR CONDITIONS THAT ARE IN ANY WAY INCONSISTENT WITH OR DIFFERENT FROM THESE TERMS ARE HEREBY EXPRESSLY REJECTED.

PRICING & QUOTATIONS
We recognize that there are often several decision-making steps involved to approve orders. All Today’s Patio Commercial Program quotations are valid for a period of 30 days from the date they are issued. After 30 days, prices and availability are subject to change.

ORDER CANCELLATIONS
Commercial Program orders may be cancelled within 10 business days of order approval prior to delivery. Product returned after delivery has been made is governed by the PRODUCT RETURNS policy below. Commercial Program orders may be cancelled within 5 business days of being submitted with no penalty. Orders cancelled 6-10 business days after the order has been approved are subject to a 35% cancellation fee. Orders older than 10 business days from approval may not be cancelled.

PAYMENTS & DEPOSITS
Today’s Patio does not offer, establish or extend credit terms. Today’s Patio accepts cash, major credit cards (Visa, MasterCard, American Express and Discover), personal or business checks, wire transfers and money orders. All Quick Ship and open stock orders require payment in full at the time the order is submitted. All custom orders require a minimum 50% deposit at the time they are submitted, and any remaining balance must be paid in full prior to product delivery or shipment. Today’s Patio will not deliver or ship any product without payment in full. Today’s Patio reserves the right to suspend or delay deliveries or shipments based upon your payment history or account standing. If your account becomes delinquent for any reason, Today’s Patio will suspend all outstanding orders until your account is returned to a satisfactory condition as determined by Today’s Patio. Any amount payable by you that remains unpaid after the due date will be subject to a late charge equal to the lesser of one and one-half percent (1.5%) or maximum rate allowed by law from the due date until such amount is paid. You will be responsible for reimbursing Today’s Patio for all reasonable attorneys’ fees and any other costs associated with collecting delinquent payments.

SALES TAXES
All prices payable for products are exclusive of all taxes. You will pay all applicable taxes, including sales tax and use tax, except to the extent you provide Today’s Patio with a valid resale or sales tax exemption certificate or other evidence of such exemption in a form acceptable to Today’s Patio.

LEAD TIMES
Today’s Patio requests frequent updates from product manufacturers and suppliers regarding current production and shipping lead times. Today’s Patio will use all reasonable efforts to communicate the most current and accurate product delivery and inventory information, but there are no guarantee items will be available when originally stated. Although we will do our best to accommodate quoted lead times, certain delays in manufacturing and shipping that are outside our control will occasionally delay product delivery or shipment. All delivery or shipment dates provided are estimates only, and Today’s Patio will not be liable for damage, loss or expense incurred by you if Today’s Patio fails to meet the specified delivery dates. You also agree that Today’s Patio may make partial shipment or delivery of products at its discretion.

DELIVERY & SHIPPING
For an additional fee, Today’s Patio offers several delivery and shipping options including, but not limited to, “white glove” delivery service and/or curbside shipping. Contact your salesperson for current shipping and delivery rates. “White glove” delivery service shall include unloading, unpacking, assembly, and reasonable product placement at your specified delivery destination. Today’s Patio may, at its discretion, contract third-party companies to perform delivery services. You shall be responsible for providing a suitable and safe environment for “white glove” services, including suitable and safe access to the delivery destination. Today’s Patio and contracted third-party delivery services will not modify, alter or move any product, item or structure that is not part of the product being delivered. Product requiring gas, electric or any other utility will be placed as reasonably requested. All gas, electric and other utility connections to products are the responsibility of the customer.

PRODUCT RETURNS
Product returns will only be accepted for products shipped in error or products found to be defective in material or workmanship and must be reported within 5 business days. No returns will be accepted without prior authorization. All deliveries and shipments should be inspected immediately upon receipt and any damages to product, cartons or boxes should be noted on the freight bill. All freight damages must be reported within 2 business days.

PRODUCT WARRANTY
Today’s Patio carefully selects product based upon high standards of quality and durability. Although products sold by Today’s Patio include express written warranties from their manufacturer, Today’s Patio is not responsible for the warranty or replacement of any product. All product warranties are between the manufacturer and the original purchaser. Today’s Patio will provide assistance, when possible, in the submission of warranty claims to suppliers and manufacturers. We will make every reasonable effort to act as a warranty and service agent on behalf on the original purchaser, but will, in no way, guarantee any outcome or result from the manufacturer. Acting as an agent between the consumer and the supplier or manufacturer shall not imply responsibility for warranty service or product replacement on the part of Today’s Patio.

GENERAL PROVISIONS
Today’s Patio will not be liable for any delay or failure in performance arising out of acts beyond its control. If any provision of these terms and conditions is held to be illegal, invalid or otherwise unenforceable, such provision will be enforced to the extent possible consistent with the stated intention of the parties, or, if incapable of such enforcement, will be deemed to be severed and deleted from these terms and conditions, while the remainder of these terms and conditions will continue in full force and effect. These terms and conditions and any quotation provided by Today’s Patio constitute the complete agreement between the parties and supersede all prior or contemporaneous agreements or representations, written or oral, concerning the subject matter of herein. These terms and conditions may not be amended or modified except in writing and signed by a duly authorized representative of each party; no other act, document, usage, or custom will be deemed to amend or modify these terms and conditions.