Terms and Conditions
The following are the Terms and Conditions of Sale applicable to Nighthawk Design Company, LLC sale of products and services:
The term "Seller" as used herein shall refer to Nighthawk Design Company, LLC/ Nighthawk Consulting, LLC. The term "Buyer" as used herein shall refer to the customer designated on a Seller order acknowledgment (“Order Acknowledgement”) which contains or incorporates by reference these Standard Terms and Conditions for Sale. The terms “Product” or “Products” refer to the goods or Services (as defined hereinafter) sold by Seller described on a Seller Order Acknowledgement The term "contract" as used herein shall refer to the terms, conditions and warranties contained in this document.
- PRODUCTS AND SALE TERMS
Buyer agrees to purchase and Seller agrees to sell Products specified in Seller’s Order Acknowledgement under the terms of this document. Any terms or conditions in addition to or different from this document asserted by Buyer as applicable to this transaction, in a purchase order, on a web site, or otherwise incorporated by reference (including general or special conditions, plans, specifications, drawings, samples, or quality standard), are inapplicable and rejected by Seller. Buyer shall be deemed to have so assented unless Buyer notifies Seller to the contrary in writing within ten (10) days of receipt of this document. If for any reason Buyer should fail to accept these terms in writing, any conduct by Buyer which recognizes the existence of a contract pertaining to the subject matter hereof, including payment and/or acceptance of Products, shall constitute an acceptance by Buyer of this document and all of its Standard Terms and Conditions of Sale.
(a) Payment will be made according to agreed upon terms: credit card
(b) Checks are accepted subject to collection and the date of collection shall be deemed the date of payment. Any check received from Buyer may be applied by Seller against any obligation owing by Buyer to Seller, under this or any other contract, regardless of any statement appearing on or referring to such check, without discharging Buyer's liability for any additional amounts owing by Buyer to Seller; and the acceptance by Seller of such check shall not constitute a waiver of Seller's right to pursue the collection of any remaining balance.
(c) Buyer agrees to pay the entire net amount of each invoice rendered by Seller pursuant to the terms of each such invoice without offset or deduction.
(a) Standard payment terms require receipt of cash in advance of performance for all accounts.
(b) Commissioned orders require a non-refundable 50% down payment. Once placed, the order can be canceled within 48 hours, after that, the 50% down payment will not be refunded. Once delivered, commissioned pieces are non-returnable. Please see our Warranty and Returns page for further details.
(c) Final invoice must be paid prior to shipping/ delivery for commissioned pieces. Detailed images will be provided on the finished piece before invoice is sent.
Unless otherwise agreed in writing, Buyer shall be responsible for the payment of any and all Federal, state and local sales, use, and excise taxes and all other taxes and charges assessed in connection with sales made under this contract.
All shipments will be made FOB Seller's facility unless otherwise specified in Seller’s Order Acknowledgement. In the absence of specific instructions, Seller will select the carrier. Title to the goods shall pass to Buyer upon delivery thereof by Seller to the carrier; thereupon, Buyer shall be responsible for the goods. Transportation from the FOB point designated in Seller’s Order Acknowledgement, handling and insurance are at the cost of Buyer. Goods held for Buyer, or stored for Buyer, shall be at the risk and expense of Buyer.
All delivery dates are approximate. Seller will use commercially reasonable efforts to fill orders according to the delivery dates acknowledged by Seller. Delivery may be made in installments. Default or delay by Seller in shipping or delivering the whole or any part or installment of the goods or services under this contract shall not affect any other portion thereof.
Unless Buyer notifies Seller in writing within five (5) calendar days from the date of shipment of any goods or services that said goods or services are rejected, they will be deemed to have been accepted by Buyer. In order for the notice of rejection to be effective, it must also specify the reason(s) why the goods or services are being rejected.
- SELLER'S WARRANTY AND LIMITATION OF LIABILITIES
At Nighthawk Design Company, LLC, we design and create bespoke furniture that is meant to last. Here are the details on the warranty protection on every piece of furniture we make. For product care information, please check the product care page.
Due to the various conditions it can be placed in, Nighthawk Design Company, LLC provides a 1 year limited warranty on all outdoor furniture to be free of manufacturing defects in materials and workmanship under normal use and care.
Nighthawk Design Company, LLC provides a limited lifetime warranty on all indoor furniture to be free of manufacturing defects in materials and workmanship under normal use and care.
As we build our products to last for generations, this warranty is transferable between the original owner and their family. Warranty becomes void if sold to a 3rd party.
Home Decor and Signs
Nighthawk Design Company, LLC provides a 1 year limited warranty on all home decor and signs to be free of manufacturing defects in materials and workmanship under normal use and care.
Size and Dimension Variability
The size and dimension of the finished product may vary slightly from the approved drawings. This is due to the natural expansion and contraction of wood products and the handmade nature of our products. Buyer assumes all responsibility regarding product size and fit for custom orders. In no event will orders be refunded in the event of a mistake for size or fit due to buyer error.
The appearance of the wood used in the finished product may vary from any samples shown. This is due to the natural variability of the wood used in the manufacture of our products. No warranty shall be provided in the exact color of the wood, the appearance of the wood, or in the exact finishes of the products.
Buyer acknowledges that wood may contain pitting, knots, cracks, checking, pin holes, grain variation, and color differences between heart and sap wood. No two products will be alike.
Nighthawk Design Company, LLC does not warrant:
- Products manufactured by third parties
- Natural variations in wood grain
- Cracks, checks, and pitting found naturally in wood and slabs
- Changes in surface finishes, including fading, due to aging or exposure to light
- Defects that result from negligence, soiling, improper cleaning, misuse, abnormal use or accident
- Defects or damage caused by shipping
- Incorrect installation or use
- Act's of God
Nighthawk Design Company, LLC is not responsible for damage or injury to one's self or others, including bodily harm and property damage.
Home decor and signs may be returned within 30 days of purchase for a full refund less a 10% restocking fee. Returns must be free of damage, staining, or soiling. Buyer is responsible for the cost of shipping, or the return of item to Nighthawk Design Company, LLC. A return claim must be completed before a return will be accepted and refunded.
Sales of furniture, custom products, or third party items not manufactured by Nighthawk Design Company are final.
If paying with Affirm, please note that you may not receive a rebate of any interest that may have already accrued on an amount that later gets refunded.
To initiate a warranty claim or return, please contact us at: Ian@nighthawkdesigncompany.com
For warranty claims, please provide a detailed description of the issue, and include pictures of the defect if possible.
Nighthawk Design Company, LLC will solely decide whether a repair or replace a product under a warranty claim.
Unless otherwise provided in writing, Seller reserves the right to change specifications of goods ordered by Buyer herein, provided that the changes will not materially affect form, fit or function.
- EXCUSABLE DELAYS
In addition to any excuse provided by applicable law, Seller shall not be charged with any liability for delay, non-delivery or failure to perform any of its obligations herein arising from any event beyond Seller's control, whether or not foreseeable by either party, including but not limited to, delays of suppliers, labor disturbance or strike, war, terrorism, epidemic, pandemic, fire, accident, adverse weather, inability to secure transportation, governmental act or regulation, inability of Seller to obtain materials, shortages of materials, and other causes or events beyond Seller's control, whether or not similar to those enumerated above.
(a) Each Buyer order for Products is subject to acceptance in writing by Seller. No order will vary these terms.
(b) Order Changes ‑ Buyer is liable for the costs of any changes to the goods, services, delivery schedule or specifications requested by Buyer and agreed to by Seller including, but not limited to, cancellation or restocking charges, non‑recurring engineering costs and other expenses, tooling and fixture charges, re‑certification charges, re‑work, wastage, and disassembly labor costs.
Except as otherwise agreed in writing, Buyer shall not have the right to terminate or reschedule all or any portion or installment of the Products covered by this contract without the written consent of Seller.
- BUYER'S DEFAULT
Payment as required by the terms of this contract must be made when due regardless of any claim by Buyer. Failure by Buyer to pay the purchase price when due, or otherwise to perform this contract, shall give Seller the unlimited right, without liability, to take possession of the Products, with or without notice, . In addition, Seller, at its option by giving written notice to Buyer of its election to do so, may, cancel any undelivered portions thereof and/or demand immediate payment of all outstanding bills of Buyer. All rights and remedies of Seller shall be cumulative and may be exercised successively or concurrently without impairing Seller's security interest in the goods. Buyer agrees to pay Seller reasonable attorneys' fees and legal expenses incurred by Seller in exercising any of its rights and remedies upon default in such amount as is permissible under law. All the foregoing is without limitation or waiver of any other rights or remedies available to Seller according to law or otherwise.
- LIMITATION ON ACTIONS
No action, regardless of form, arising out of this contract may be brought by either party more than one year after the cause of action arose, provided; however, in the case of non‑payment, not more than two years from the date of last payment.
- ERRORS AND OMISSIONS
The Seller, Nighthawk Design Company, assumes no responsibility or liability for any errors or omissions for any services provided.
(a) Damages can not exceed cost of services provided.
(b) Seller is not liable for any perceived lost profits by the client for any services provided.
(a) This contract contains the entire agreement between the parties and supersedes any prior or contemporaneous oral or written agreements or communications between them relating the subject matter thereof.
(b) Buyer agrees to comply with all applicable export laws, regulations and orders. Buyer acknowledges that the applicable export laws, regulations and orders may differ from item to item and/or from time to time.
(c) This contract may not be assigned, modified, or terminated without Seller's prior written consent, and any attempt to assign, modify or terminate without such consent shall be absolutely void.
(d) No delay or omission to exercise any right, power or remedy accruing to Seller upon breach or default by Buyer under this contract shall impair any such right, power or remedy of Seller, or shall be construed as a waiver of any such breach or default, or any similar breach or default thereafter occurring; nor shall any waiver of a single breach or default be deemed a waiver of any subsequent breach or default. All waivers must be in writing.
(e) No amendments to or modifications of the provisions of this contract will be valid and binding upon Seller unless in writing and signed by an authorized representative of Seller.