PIRCH Terms and Conditions

INSTALLERS

Delivery and installation services may be performed by employees of PIRCH or by third parties.  In this Agreement, we refer to installation personnel as “Professionals.”

AUTHORIZATION

By entering into this Agreement, You authorize PIRCH to (a) arrange for Professionals to perform installation services and/or (b) order and arrange for the delivery of special order merchandise, including special order merchandise that may be custom made, as specified in the Agreement.

ENTIRE AGREEMENT

This Agreement constitutes the entire understanding between You and PIRCH regarding the products and services specified in this Agreement and may only be amended by a Change Order signed by You and PIRCH.  This Agreement expressly supersedes all prior written or verbal agreements, representations or warranties made by PIRCH, Professional, You, or anyone else.  Except as set forth in this Agreement, You agree there are no oral or written agreements, representations, warranties or inducements, express or implied, in any way conditioning this Agreement, and You expressly disclaim their existence.  Do not sign the Agreement if blank or incomplete.  By signing, You acknowledge that You have read, understand, and accept this Agreement in its entirety.  You further acknowledge receiving a complete copy of this Agreement.  Keep it to protect Your legal rights.

CHANGES AND CHANGE ORDERS

Any changes to an installation, i.e., a substitution of material or an expansion of the scope of the work, will require You and PIRCH to sign a Change Order that will become part of this Agreement.  We may require You to pay the additional cost caused by a Change Order at the time a Change Order is agreed by You and PIRCH.

ADDITIONAL CHARGES

For work that requires an additional charge, Professionals will provide an estimate prior to the work, and a description of any permits or additional parts or labor needed.  Most additional charges are not known until the Professional does an inspection of your service address.  Some things can be hidden in the structure or behind appliances that cannot be seen until work is underway.  Delivery and installation more than 75 miles from the applicable PIRCH Showroom are subject to additional fees.

PAYMENTS

You agree to pay PIRCH according to the terms and conditions of this Agreement.  With the exception of accounts that have been approved by PIRCH for net payment terms, all products must be paid in full no less than thirty (30) days prior to the required delivery or installation date.  Any payments not made when due are subject to a late payment charge equal to 1.5% per month or, if less, the maximum lawful interest rate permitted under applicable law.

RETURN POLICY

PIRCH accepts returns or exchanges on closed box, unused merchandise that has not been installed within fourteen (14) days of Your receipt of an item. Proof of purchase is required for a refund, credit or exchange. Once returned, the item will be inspected, and exchanges, credits and refunds will be issued for the purchase price only. If You return an item bought as part of a bundle or with a promotional discount or free item, your refund, credit or exchange may be reduced by the value of the discount or free item. In the event of a return of items purchased in connection with a promotional or reward card or mail-in rebate, all or a portion of the card or rebate amount may be deducted from any refund, credit or exchange. Any taxes charged will be refunded in accordance with state and local laws. Pirch does not accept returns on installed items unless the product arrived at the point of delivery damaged or was damaged as a result of Pirch’s installation process.

Shipping and delivery charges are non-refundable with the exception of product that arrived at the point of delivery damaged or defective merchandise. Installation fees are non-refundable after Pirch installation is completed.

REFUNDS

Refunds will be made in the same form as original purchase.  Refunds on purchases made by cash or check will be refunded by check mailed approximately ten (10) business days after receipt of returned merchandise.  Refunds by credit card will be processed by PIRCH within five (5) business days.  Your credit card merchant may take longer to post the refund to Your account.  Refunds on purchases made with a gift card will be refunded via store credit.  Refund for products financed by Synchrony Financial will post to Your account within ten (10) business days.

RESTOCKING FEE

You will be charged a minimum 25% restocking fee on all regular stock returns.  Returns on special order items are limited to transit damage or manufacturer defect only.  Special order returns due to customer preference, no-fits or any other reason will not be accepted.  PIRCH does not accept returns on special orders or custom products.

Where all conditions for returning or exchanging a purchase are not met (e.g., You do not have original packaging or accessories or do not have Your receipt or packing slip), PIRCH may, in its discretion, permit the return or exchange of the purchase subject to a minimum restocking charge of 25% of the purchase price (unless prohibited by law).

HOLDING FEE

We would be happy to hold your product for fourteen (14) days from the time we receive all products for the scheduled phase of your job. For inventory storage beyond fourteen (14) days, a monthly holding fee of 5% will be assessed.

CUSTOM ORDERS

Custom orders begin production immediately upon order and are built to Your specifications.  They cannot be cancelled, changed, returned or refunded at any time.  A non-refundable 100% deposit will be taken when the order is placed.

RESCHEDULES

In the event that You or your contractor, designer or other representative confirms a delivery or install date and the job site is not ready, or no one will be present at the designated time, and PIRCH or Professional is not notified of the need to reschedule at least twenty four (24) hours in advance, You will be charged a restocking fee of $199.

EXCUSABLE DELAY

Neither PIRCH nor Professional is responsible for start/finish delays resulting from events beyond their control including, but not limited to, Change Orders, acts of nature, governmental actions, manufacturing/delivery delays or damage to merchandise caused by third parties, labor strikes/unrest, Your credit/financing, any incorrect information You provide, legal encumbrances on Your property, Your property’s nonconformance with zoning requirements or building code requirements, hidden/unforeseen physical/hazardous conditions (including, but not limited to, environmental hazards such as mold, asbestos and lead paint) at Your service address, or You noncompliance with this Agreement.  PIRCH reserves the right to terminate this Agreement and/or require Professional to discontinue installation given any of the foregoing conditions.

SAFETY

To ensure the health and safety of our employees and service providers, we reserve the right to refuse or reschedule work due to unsafe conditions, which may include, without limitation, extreme temperatures, extreme weather conditions, natural disasters, infestation, or the existence of other hazards.

CUSTOMER RESPONSIBILITIES

If Your service address is subject to any easements, covenants, or other legal encumbrances that could affect installation, You agree to let PIRCH or Professional know about them before installation. You agree to facilitate the location of utility lines.  You are responsible for identifying property lines.  You agree to ensure that work areas are free of preexisting physical or environmental hazards, and building/zoning code violations.  You agree to provide Professional access to work areas during working hours and provide access to sanitary facilities or pay the facilities’ rental costs.  You agree to ensure any security system You have will not interfere with installation.  You agree to provide power to, and, as applicable, climate control in, work areas.  You agree not to allow unattended minors at Your service address while Professional is present.  You agree to control and keep pets away from work areas.  You agree to keep posted permits on display at all times.  You agree to pay any transportation/storage charges or other resulting charges.  YOU ASSUME THE RISK AND THE FULL RESPONSIBILITY OF PHYSICALLY ASSISTING WITH DELIVERY OF MATERIALS OR WITH INSTALLATION.

PERMITS

Depending upon Your location, permits may be required for the installation.  If Permits are required, You are responsible to obtain and pay for such permits.  If agreed by You and PIRCH, Professional may obtain any necessary permits, but You are responsible for the cost of such permits.

CANCELLATION RIGHT

You have the right to cancel this transaction without any penalty or obligation, within three (3) business days. You may cancel by emailing, mailing, faxing, or personally delivering a written notice to PIRCH at the store address specified on the Invoice by midnight of the third business day after You received a signed and dated copy of this Agreement that includes this notice. Include Your name, Your address, and the date You received the signed copy of this Agreement, and the Invoice number, and refer to this notice.

TERMINATION FOR BREACH

You may terminate this Agreement if PIRCH breaches this Agreement and fails to cure such breach within thirty (30) days after You provide PIRCH written notice of the breach.  If You breach this Agreement and fail to cure such breach within thirty (30) days (or five (5) days for failure to pay on time) after notice of the breach, or if You decline a reasonable Change Order request, PIRCH may immediately terminate the Agreement without further obligation to You.  In the event of termination, You agree to pay PIRCH the costs of merchandise, materials, labor, and other services provided by PIRCH and/or Professional through the date of termination, plus any other amounts specified in this Agreement or allowed under applicable law.

DISCLAIMERS AND LIMITATIONS OF LIABILITY

PIRCH MAKES NO REPRESENTATION OR WARRANTY ABOUT THE SUITABILITY OF ANY OF THE MERCHANDISE AND PRODUCTS THAT IT SELLS FOR ANY PURPOSE.  ALL MERCHANDISE AND PRODUCTS ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND FROM PIRCH, EXPRESSED OR IMPLIED BY PIRCH.

WE AND OUR PROFESSIONALS AND OTHER THIRD PARTY SERVICE PROVIDERS SHALL NOT BE LIABLE FOR ANY FAILURE OR DELAY IN PERFORMANCE DUE TO ANY CAUSE BEYOND OUR CONTROL.  IF OUR PROFESSIONALS’ OR THIRD PARTY SERVICE PROVIDER’S ABILITY TO RENDER SERVICES IS IMPAIRED BY YOU OR CIRCUMSTANCES BEYOND OUR CONTROL, WE AND /OR OUR PROFESSIONALS AND OTHER THIRD PARTY SERVICE PROVIDERS MAY CHOOSE NOT TO PROVIDE SERVICES.  FOR ANY UN-INSTALLATION SERVICES PROVIDED, YOU AGREE THAT NEITHER WE NOR OUR PROFESSIONALS OR OTHER THIRD PARTY SERVICE PROVIDERS SHALL BE RESPONSIBLE FOR REPAIRING ANY CHANGES MADE TO YOUR RESIDENCE.  NEITHER WE NOR OUR PROFESSIONALS OR OTHER THIRD PARTY SERVICE PROVIDERS WILL DISASSEMBLE, DECONSTRUCT, OR BREAK DOWN ANY PRODUCT FOR HAUL-AWAY SERVICES EVEN IF NECESSARY FOR REMOVAL.

PIRCH IS NOT RESPONSIBLE FOR MANUFACTURER SPECIFICATIONS, CHANGES, PRODUCTION DELAYS, OR INSTRUCTIONS ISSUED BY MANUFACTURER.  ANY QUESTIONS REGARDING THE SPECIFICATIONS OR USE OF MERCHANDISE SHOULD BE DIRECTED TO THE PARTICULAR MANUFACTURER.

IN NO EVENT SHALL PIRCH BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY MERCHANDISE, PRODUCTS OR SERVICES PURCHASED OR OBTAINED FROM PIRCH , WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES. FURTHER, PIRCH SHALL NOT BE RESPONSIBLE FOR, AND DOES NOT ASSUME, ANY LIABILITY OR DAMAGES OF ANY SORT FOR ANY DELAY OR INABILITY TO USE ANY MERCHANDISE OR PRODUCTS SOLD TO YOU.  IN NO EVENT SHALL PIRCH’S LIABILITY UNDER THIS AGREEMENT EXCEED THE AMOUNT PAID BY YOU FOR THE DEFECTIVE MERCHANDISE, PRODUCTS OR SERVICES. 

YOU HEREBY RELEASE AND HOLD HARMLESS PIRCH, PROFESSIONALS AND ANY THIRD PARTY SERVICE PROVIDER FROM AND AGAINST ANY LOSS, LIABILITY, OR DAMAGE THAT YOU OR THE OWNER OR LESSEE MAY SUFFER, INCLUDED BUT NOT LIMITED TO ANY CHANGES OR ALTERATIONS TO YOUR SERVICE ADDRESS (CHANGES TO WALLS, BASE BOARDS, FLOORS, ETC.).

THESE DISCLAIMERS, LIMITATIONS AND EXCLUSIONS APPLY REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE AND WHETHER OR NOT PIRCH HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND NOTWITHSTANDING THE FAILURE OF ANY AGREED OR OTHER REMEDY OF ITS ESSENTIAL PURPOSE.

SOME STATES DO NOT ALLOW DISCLAIMERS, LIMITATIONS OR EXCLUSIONS OF CERTAIN WARRANTIES, DAMAGES OR LIABILITY, SO THE ABOVE PROVISIONS MAY NOT APPLY TO YOU IN WHOLE OR IN PART.

CLAIMS

Any claim by You against PIRCH or Professional related to or arising under this Agreement must be made in writing within thirty (30) calendar days after the date You first become aware of a fact supporting such a claim.  If You have not made any claim or rejected the products or services within thirty (30) days after receiving the products or services, You will be deemed to have accepted them (if not previously accepted), and You will have no right to reject the products or services for any reason or to revoke acceptance.

GENERAL PROVISIONS

This Agreement may not be assigned or otherwise transferred by You to any third party.  Headings used in this Agreement are intended for convenience or reference only and shall not control or affect the meaning or construction of any provision of this Agreement. 

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