Lead Times, Terms & Conditions
LEAD TIMES: Please keep in mind that most products are carefully made to order. Lead times vary based on your project selections and most commonly range from Ready-to-Ship to ~16 Weeks. Please reach out to us directly to inquire about a specific lead times or to create a custom quote to secure your project pricing and lead times.
PRODUCT PRICING: Product pricing on this website is subject to change at any time and is not guaranteed. Some products are available at a lesser cost; reach out for a custom quote to receive best pricing.
SHIPPING & SALES TAX: Shipping costs and standard tax rates are not reflected in the product pricing shown prior to check-out. If you are tax exempt, please request a custom quote for your order and provide us with your tax exemption or re-sale certificate to remove sales tax.
CUSTOM QUOTES: Custom quotes are valid for 30 days upon receipt. Upon client approval of a quote, pricing may be held and ship dates may be pushed for up to ~120 days (or more based on project needs). Custom Quote Pricing is project-specific and confidential.
CUSTOM ORDER PAYMENT TERMS: For orders with an estimated ship date of LESS than ~8 weeks, payment is required upon receipt of invoice. For orders with a ship date of MORE than ~8 weeks, unless otherwise approved in writing, a 50% Deposit Payment is due upon receipt of invoice and the remaining 50% balance is due immediately upon receipt of goods.
INSTALLATION NOT INCLUDED.
Standard Terms and Conditions
Applicability.
These terms and conditions of sale (these “Terms”) are the only terms that govern the sale of the goods (“Goods”) by PS Lifestyle Products, LLC, an Ohio limited liability company (“Seller”) to the buyer named on the Proposal, Invoice, or Order Confirmation (as identified on the applicable Order Confirmation) (“Buyer”). Collectively Buyer and Seller are referred to as the “Parties” and individually as “Party.”
The proposal, invoice, or order confirmation (the “Order Confirmation”) provided to Buyer and these Terms (collectively, this “Agreement”) comprise the entire agreement between the Parties, and supersede all prior or contemporaneous understandings, agreements, negotiations, representations and warranties, and communications, both written and oral. This Agreement supersedes any of Buyer's general terms and conditions of purchase regardless of whether or when Buyer has submitted its purchase order or such terms. Seller expressly rejects Buyer's general terms and conditions of purchase, and fulfillment of Buyer's order does not constitute acceptance of any of Buyer's terms and conditions or serve to modify or amend these Terms. Acceptance of the Order Confirmation by Buyer is a prerequisite to the purchase of the Goods and shall operate as an acceptance of these Terms which are expressly incorporated into the Order Confirmation.
Delivery.
The Goods will be delivered within a reasonable time after receipt of Buyer’s purchase order, subject to availability of the Goods. Delivery dates provided by Seller are estimates only and are dependent upon manufacturer scheduling and shipping availability. While Seller will use reasonable efforts to communicate any changes in ship dates as soon as they are known, ship dates are not guaranteed, and Seller shall not be liable for any delay, loss, or damage in transit.
Unless otherwise agreed in writing in the applicable Order Confirmation, the Goods shall be drop-shipped directly from the third-party manufacturer or supplier engaged by Seller to the address or port designated by Buyer (the “Delivery Point”), using the manufacturer’s standard methods for packaging and shipment.
Buyer may elect to upgrade shipping services to include a lift gate, which allows the shipper to offload the items from the truck and deliver them to a loading dock or just inside the first interior threshold. If Buyer chooses to engage a third-party shipping company, Buyer shall be responsible for all related handling, packaging, and crating fees.
Seller may, in its sole discretion, without liability or penalty, make partial shipments of Goods to Buyer. Each shipment will constitute a separate sale, and Buyer shall pay for the Goods shipped whether such shipment is in whole or partial fulfillment of Buyer's Order Confirmation.
Title and Risk of Loss. Risk of loss shall pass to Buyer upon tender of the Goods to the carrier at the manufacturer’s shipping point, and Seller shall have no obligation to handle, warehouse, or physically deliver the Goods beyond that point. Buyer is responsible for all shipping, handling, packaging, crating, insurance, and any additional delivery service fees, unless otherwise expressly stated in the Order Confirmation. As collateral security for the payment of the purchase price of the Goods, Buyer hereby grants to Seller a lien on and security interest in and to all of the right, title, and interest of Buyer in, to, and under the Goods, wherever located, and whether now existing or hereafter arising or acquired from time to time, and in all accessions thereto and replacements or modifications thereof, as well as all proceeds (including insurance proceeds) of the foregoing. The security interest granted under this provision constitutes a purchase money security interest under the Ohio Uniform Commercial Code.
Inspection.
It is the responsibility of the Buyer or its designated recipient, whether at the final destination or at any temporary storage location, to inspect all Goods prior to accepting delivery and signing the Bill of Lading. Buyer will be deemed to have accepted the Goods unless it notifies Seller in writing of any Nonconforming Goods (as defined below). Any claims for Nonconforming Goods must be reported within twenty-four (24) hours of receipt, and such claims must include photos and a copy of the signed Bill of Lading. “Nonconforming Goods” means only the following: (i) product shipped is different than identified in the Order Confirmation; or (ii) product's label or packaging incorrectly identifies its contents.
If Buyer timely notifies Seller of any Nonconforming Goods, Seller shall, in its sole discretion, (i) replace such Nonconforming Goods with conforming Goods, or (ii) credit or refund the Prices for such Nonconforming Goods, together with any reasonable third-party shipping and handling expenses actually incurred and paid by Buyer in connection therewith. Buyer shall ship, at its expense and risk of loss, the Nonconforming Goods to the address provided by Seller at the time of confirmation. If Seller exercises its option to replace Nonconforming Goods, Seller shall, after receiving Buyer's shipment of Nonconforming Goods, ship to Buyer, at Buyer's expense and risk of loss, the replaced Goods to the Delivery Point.
Buyer acknowledges and agrees that the remedies set forth in Section 4(b) are Buyer's exclusive remedies for Nonconforming Goods. Except as provided under Section 4(b), all sales of Goods to Buyer are made on a one-way basis and Buyer has no right to return Goods purchased under this Agreement.
Price.
Buyer shall purchase the Goods from Seller at the prices (the “Prices”) set forth in Seller's published price list in force as of the date of the Order Confirmation.
All Prices are exclusive of all sales, use, and excise taxes, and any other similar taxes, duties, and charges of any kind imposed by any governmental authority on any amounts payable by Buyer. Buyer shall be responsible for all such charges, costs, and taxes; provided, that, Buyer shall not be responsible for any taxes imposed on, or with respect to, Seller's income, revenues, gross receipts, personnel, or real or personal property or other assets. The Prices exclude transportation and insurance costs which are the responsibility of the Buyer.
Payment Terms.
Payment for all Goods must be received in full before the Goods are released for delivery, or, at Seller’s discretion, Buyer may make a fifty percent (50%) deposit upon receipt of Order Confirmation or Invoice, with the remaining fifty percent (50%) due immediately upon Buyer’s receipt of the Goods. Seller shall have no obligation to release or schedule delivery of any Goods until the required payment or deposit has been received.
Buyer shall pay interest on all late payments at the lesser of the rate of 5% per month or the highest rate permissible under applicable law. Buyer shall reimburse Seller for all costs incurred in collecting any late payments, including, without limitation, attorneys' fees. In addition to all other remedies available under this Agreement or at law (which Seller does not waive by the exercise of any rights hereunder), Seller shall be entitled to suspend the delivery of any Goods if Buyer fails to pay any amounts when due hereunder and such failure continues for ten (10) days following written notice thereof. Buyer shall not withhold payment of any amounts due and payable by reason of any set-off of any claim or dispute with Seller, whether relating to Seller's breach, bankruptcy, or otherwise.
Ancillary Services and Buyer Responsibility. Seller may, at its discretion, provide limited ancillary services related to the purchase of Goods, including assistance with design, product selection, licensing, or related matters. All such services are provided “AS IS” and without any representations, warranties, or guarantees of any kind, whether express or implied. It is the sole responsibility of the Buyer to ensure the compatibility of any equipment purchased for its property prior to placing an order. Any drawings, layouts, or elevations provided by Seller are intended solely as conceptual directives and must not be used as a substitute for official building drawings. While such materials may include general recommendations or rough‑ins for plumbing, electrical, and ventilation, Seller and its employees are not licensed architects or engineers. Seller expressly disclaims any responsibility or liability for compliance with applicable building codes, the placement or installation of equipment, or the quality, performance, or workmanship of any architects, contractors, plumbers, electricians, or other professionals engaged by Buyer. All such licensed professionals must be independently retained by the Buyer and shall be solely responsible for their respective work.
DISCLAIMER OF WARRANTIES.
SELLER MAKES NO EXPRESS OR IMPLIED WARRANTY WHATSOEVER WITH RESPECT TO THE GOODS, INCLUDING ANY (a) WARRANTY OF MERCHANTABILITY; (b) WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE; OR (c) WARRANTY AGAINST INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY; WHETHER ARISING BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE, OR OTHERWISE. BUYER ACKNOWLEDGES THAT IT HAS NOT RELIED UPON ANY REPRESENTATION OR WARRANTY MADE BY SELLER, OR ANY OTHER INDIVIDUAL OR ENTITY ON SELLER'S BEHALF.
To the extent the supplier or manufacturer of the Goods offers a warranty, Seller will use reasonable efforts to assist Buyer in submitting or processing any warranty claim with such supplier or manufacturer, but Seller shall have no further obligation or liability with respect thereto.
Seller shall have no liability or responsibility for any third‑party activities related to the Goods, including without limitation any delivery, storage, installation, integration, modification, or use by Buyer or any subcontractor, agent, or other third party. Seller does not control and shall not be responsible for any resulting damage, loss, or non‑conformance arising from such third‑party actions or omissions.
Limitation of Liability.
IN NO EVENT SHALL SELLER OR ANY OF ITS REPRESENTATIVES BE LIABLE FOR CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR ENHANCED DAMAGES, LOST PROFITS OR REVENUES OR DIMINUTION IN VALUE, ARISING OUT OF OR RELATING TO THIS AGREEMENT, REGARDLESS OF (A) WHETHER SUCH DAMAGES WERE FORESEEABLE, (B) WHETHER SELLER WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND (C) THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT, OR OTHERWISE) UPON WHICH THE CLAIM IS BASED.
SELLER'S AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT, WHETHER ARISING OUT OF OR RELATED TO BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, SHALL NOT EXCEED THE TOTAL OF THE AMOUNTS PAID TO SELLER PURSUANT TO THIS AGREEMENT IN THE TWELVE (12) MONTH PERIOD PRECEDING THE EVENT GIVING RISE TO THE CLAIM.
Compliance with Law. Buyer shall at all times comply with all laws applicable to this Agreement, Buyer's performance of its obligations hereunder, and Buyer's use of the Goods. Without limiting the generality of the foregoing, Buyer shall (a) at its own expense, maintain all certifications, credentials, licenses, and permits necessary to conduct its business relating to the purchase or use of the Goods and (b) not engage in any activity or transaction involving the Goods, by way of shipment, use, or otherwise, that violates any law.
Termination. In addition to any remedies that may be provided under these Terms, Seller may terminate this Agreement with immediate effect upon written notice to Buyer, if Buyer: (i) fails to pay any amount when due under this Agreement; (ii) has not otherwise performed or complied with any of these Terms, in whole or in part; or (iii) becomes insolvent, files a petition for bankruptcy or commences or has commenced against it proceedings relating to bankruptcy, receivership, reorganization or assignment for the benefit of creditors.
Waiver. No waiver by Seller of any of the provisions of this Agreement is effective unless explicitly set forth in writing and signed by Seller. No failure to exercise, or delay in exercising, any right, remedy, power, or privilege arising from this Agreement by Seller operates or may be construed, as a waiver thereof. No single or partial exercise of any right, remedy, power, or privilege hereunder by Seller precludes any other or further exercise thereof or the exercise of any other right, remedy, power, or privilege by Seller.
Confidential Information. All non-public, confidential, or proprietary information of Seller, including but not limited to specifications, samples, patterns, designs, plans, drawings, documents, data, business operations, customer lists, pricing, discounts, or rebates, disclosed by Seller to Buyer, whether disclosed orally or disclosed or accessed in written, electronic, or other form or media, and whether or not marked, designated, or otherwise identified as “confidential” in connection with this Agreement is confidential, solely for the use of performing this Agreement and may not be disclosed or copied unless authorized in advance by Seller in writing. Upon Seller's request, Buyer shall promptly return all documents and other materials received from Seller. Seller shall be entitled to injunctive relief for any violation of this Section. This Section does not apply to information that is: (a) in the public domain; (b) known to Buyer at the time of disclosure; or (c) rightfully obtained by Buyer on a non-confidential basis from a third party.
Force Majeure. Neither Party shall be liable or responsible to the other Party, nor be deemed to have defaulted under or breached this Agreement, for any failure or delay in fulfilling or performing any term of this Agreement (except for any obligations to make payments to the other party hereunder), when and to the extent such failure or delay is caused by or results from acts beyond the impacted Party's (“Impacted Party”) control, including, the following force majeure events: (a) acts of God; (b) flood, fire, earthquake, or explosion; (c) war, invasion, hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest; (d) order or action by any governmental authority or requirements of law; (e) embargoes or blockades in effect on or after the date of this Agreement; (f) national or regional emergency; (g) strikes, labor stoppages or slowdowns, or other industrial disturbances; (h) telecommunication breakdowns, power outages or shortages, lack of warehouse or storage space, inadequate transportation services, or inability or delay in obtaining supplies of adequate or suitable materials; and (i) other events beyond the reasonable control of the Impacted Party.
Assignment. Buyer's rights, interests, or obligations hereunder may not be assigned, transferred, or delegated by Buyer without the prior written consent of Seller. Any purported assignment or delegation in violation of this Section is null and void. No assignment or delegation relieves Buyer of any of its obligations under this Agreement.
Relationship of the Parties. The relationship between the parties is that of independent contractors. Nothing contained in this Agreement shall be construed as creating any agency, partnership, joint venture, or other form of joint enterprise, employment, or fiduciary relationship between the parties, and neither party shall have authority to contract for or bind the other party in any manner whatsoever.
No Third-Party Beneficiaries. This Agreement benefits solely the Parties to this Agreement. Nothing in this Agreement, express or implied, confers on any other person any legal or equitable right, benefit, or remedy of any nature whatsoever under or by reason of this Agreement.
Governing Law; Jurisdiction. This Agreement is governed by, and construed in accordance with the laws of the State of Ohio without regard to any principles governing the conflict of laws. All legal proceedings shall be instituted in the state or federal courts of the State of Ohio, County of Cuyahoga. Each Party irrevocably and unconditionally submits to the exclusive jurisdiction of such courts.
Severability. If any term or provision of this Agreement is determined to be invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of this Agreement or invalidate or render unenforceable such term or provision in any other jurisdiction.