Contract for setting

[isaku5]

Anyone who''s been following my many asscher threads, may remember that after several diversions, I went back to the original 2.26 asscher which I planned on having set in NY.

The setting is going to be expensive which I knew when going ahead with the project. I also expected to pay upfront before any work was done; however, what I didn''t expect was a detailed contract which specified that I must accept the finished product" AS IS (caps in contract)and that the setting is not returnable for refund or exchangeable under any circumstance". Also,no warranty is provided for" defects in workmanship, materials, or specific design".

This seems to imply to me that if for any reason there is a problem, it will be mine to live with.

Is this type of contract to be expected?? Would you sign such an agreement???

 

[aljdewey]

Date: 7/27/2006 10:48:17 PM
Author:isaku5

......... contract which specified that I must accept the finished product'' AS IS (caps in contract)and that the setting is not returnable for refund or exchangeable under any circumstance''. Also,no warranty is provided for'' defects in workmanship, materials, or specific design''.

Is this type of contract to be expected?? Would you sign such an agreement???

I''d expect the part in yellow; most vendors do not allow you to simply "change your mind" on a custom setting. Hence, the non-returnable, non-refundable.

However, most DO warranty against defects in workmanship or materials. I believe they also have to fulfill any written conditions of the design elements.

I personally wouldn''t sign an agreement that didn''t include some provisions stipulating their agreement to repair/replace any defects in workmanship.

Without knowing who the vendor is, I can''t say for sure this is a normal or standard contract for him. Is the vendor one who frequents PS? If so, the many changes of heart you''ve been through in your short time on PS may be driving the ''payment in full up front'' and the ''AS IS'' clauses. If the vendor worries there''s stronger-than-average chance you won''t consummate the transaction, such terms could be a way of mitigating risk by discouraging anything other than a "full-steam ahead" mindset.

Or, it could just be that particular vendor.....hard to say.

 

[aljdewey]

...

 

[mrssalvo]

I agree with Aljedway. The first part about not being refunded is common. The second part would personally make me nervous. I''ve done 3 custom projects since being on PS and each vendor allowed for workmanship or defect errors. I''d see if you can have that part ammended or at least find out the logic or reasoning behind it...