TERMS AND CONDITIONS OF SALE
- These Terms and Conditions (“Terms”) apply to all quotations, proposals, estimates, sales orders, invoices, rental agreements, and services provided by BIMtech Inc dba Dwellpoint, a California company (“Seller”), to the customer identified on the invoice or agreement (“Client”).
1. ACCEPTANCE OF TERMS
- All orders are subject to these Terms. Placement of an order, approval of a quote, payment of an invoice, or acceptance of delivery constitutes acceptance of these Terms, whether or not they are signed. We Reserve The Right To Make Changes From Time To Time, CONSISTENT WITH APPLICABLE LAW.
2. QUOTES & PRICING
Quotes are valid for 30 days unless otherwise stated.
Pricing is based on specifications provided by Client. Changes in scope, materials, quantities, schedule, or artwork may result in revised pricing.
Clerical errors may be corrected at any time.
Prices do not include applicable sales tax, use tax, shipping, installation, permits, rush fees, or third-party costs, unless explicitly stated.
Standard terms are Net 30 from invoice date unless otherwise stated in writing.
Seller may require deposits, prepayment, or progress payments, especially for custom fabrication, large-format printing, rentals, or first-time Clients.
Past-due balances may accrue interest at 1.5% per month (18% annually) or the maximum rate allowed by California law, whichever is less.
Client is responsible for all reasonable collection costs, including attorneys’ fees, court costs, and collection agency fees, where permitted by law.
Seller will charge California sales tax as required by law.
Claims for resale or exemption must be supported by a valid resale certificate or exemption documentation on file prior to invoicing.
Client is responsible for any taxes assessed due to invalid or missing documentation.
Client is responsible for the accuracy of all artwork, content, spelling, dimensions, colors, and specifications provided.
Proofs are provided for Client review and approval. Approval constitutes authorization to proceed, and Seller is not responsible for errors approved by Client.
Color variations may occur due to substrates, inks, lighting conditions, and production methods and are considered acceptable within industry tolerances.
All custom-printed, fabricated, or made-to-order items are non-returnable and non-refundable, except for defects caused solely by Seller.
Claims for defects must be made in writing within 5 business days of delivery.
Delivery dates are estimates and not guaranteed unless explicitly stated in writing.
Risk of loss passes to Client upon delivery, pickup, or transfer to a carrier.
Seller is not responsible for delays caused by shipping carriers, weather, venue restrictions, force majeure, or third-party vendors.
Orders or rentals canceled after production has begun are subject to charges for work performed, materials purchased, and committed costs.
Event rental cancellations may be subject to cancellation fees depending on notice period and reserved inventory.
Client represents that it owns or has the right to use all logos, images, artwork, trademarks, and content supplied.
Client agrees to indemnify and hold Seller harmless from any claims arising from intellectual property infringement related to Client-supplied materials.
Seller retains ownership of all pre-existing designs, fabrication methods, templates, tooling, and production files unless otherwise agreed in writing.
Seller’s liability is limited to the amount paid by Client for the specific goods or services giving rise to the claim.
Seller is not liable for indirect, incidental, consequential, special, or lost-profit damages, including event cancellation losses, venue penalties, or brand damages.
Client-provided materials or instructions
Improper use of products or rental equipment
Event operations, installation environments, or venue conditions
3. PAYMENT TERMS
4. SALES TAX & EXEMPTIONS
5. ARTWORK, PROOFS & APPROVALS
6. CUSTOM PRODUCTS & NO RETURNS
7. DELIVERY, INSTALLATION & RISK OF LOSS
8. EVENT EQUIPMENT RENTALS
For rented equipment, the following additional terms apply:
a. Care & Responsibility
Client assumes full responsibility for rented equipment from delivery/pickup through return. Equipment must be returned in the same condition it was received; ordinary wear and tear excepted.
b. Loss or Damage
Client is responsible for repair or replacement costs for lost, stolen, damaged, or abused equipment, including damage caused by weather, misuse, or unauthorized modification.
c. Use & Compliance
Equipment may only be used as intended and in compliance with all applicable laws, venue rules, and safety requirements.
d. Insurance
Seller may require proof of general liability insurance naming Seller as additional insured for certain rentals or events.
9. CANCELLATIONS & CHANGES
10. INTELLECTUAL PROPERTY & CLIENT MATERIALS
11. LIMITATION OF LIABILITY
To the fullest extent permitted by California law:
12. INDEMNIFICATION
Client agrees to indemnify, defend, and hold harmless Seller and its officers, employees, and contractors from any claims, damages, liabilities, or expenses arising from:
13. FORCE MAJEURE
Seller is not liable for failure or delay caused by events beyond reasonable control, including but not limited to acts of God, weather, labor disputes, supply chain disruptions, equipment failure, or governmental actions.
14. GOVERNING LAW & VENUE
These Terms are governed by the laws of the State of California, without regard to conflict-of-law rules.
Any legal action shall be brought in a court of competent jurisdiction in California.
15. SEVERABILITY & ENTIRE AGREEMENT
If any provision is held invalid, the remaining provisions shall remain in full force.
These Terms constitute the entire agreement unless superseded by a written agreement signed by both parties.