Terms & Conditions
These Terms and Conditions of Sale (the “Terms”) apply to every quotation, estimate, sales order, and sale of products by EcoDomo LLC (“EcoDomo,” “we,” or “Seller”) to the purchaser (“Buyer” or “you”). By placing an order — in writing, electronically, or verbally — or by paying a deposit or invoice, Buyer accepts these Terms. Together with the face of EcoDomo’s quotation, estimate, or sales order, they form the entire agreement between the parties and apply to all current and future orders on the account. Any different or additional terms in a Buyer’s purchase order or other documents do not apply unless EcoDomo agrees to them in writing.
1. Orders and Acceptance
A purchase order or written or verbal order confirmation constitutes Buyer’s agreement to purchase. EcoDomo will confirm accepted orders by issuing a Sales Order. Prices and availability are subject to change until an order is confirmed and the required deposit is received, at which point pricing for that order is fixed. This agreement may be modified only by a writing signed by EcoDomo.
2. Pricing, Payment, and Deposits
All accounts and orders are payable in Gaithersburg, Montgomery County, Maryland. Payment terms are as follows:
• Orders under $5,000. Orders under $5,000 are payable in full before the order is processed.
• Made-to-order or non-stock material. A 50% deposit is due upon signing of the sales quote to begin production, and the remaining 50% is due before the material leaves our warehouse.
• Taxes, tariffs, and freight. Quoted prices are exclusive of taxes, duties, tariffs, crating, and shipping unless stated otherwise. These are added to the invoice.
Deposits on Custom Products are non-refundable, as described in Section 3. Past-due balances may accrue a service charge of 1.5% per month (or the maximum rate permitted by Maryland law, if lower).
3. Custom and Made-to-Order Products
Most of what we make is produced specifically for you. A “Custom Product” is any material that is cut, embossed, dyed, sprayed, finished, or otherwise produced to Buyer’s specifications, or ordered in a non-stock color, size, texture, or finish.
Because Custom Products are made for a single project and cannot be returned to inventory or resold, they are non-cancelable and non-refundable once the order is placed and the deposit is paid, and production has begun.
Production of a Custom Product typically begins immediately: sheets are cut to size, embossed with the selected texture, and the dye lot for the full order is mixed and matched — often before the color sample is even sent for approval. Approval of a color, cutting, dye lot, or embossing (“Color for Approval”) confirms the specification and authorizes us to complete the order; it does not restart the cancellation window.
We understand that project plans sometimes change. Where we are able to, we will try to work with you — for example, by applying a paid deposit toward a modified or future order. We cannot, however, refund deposits on Custom Products, and any such accommodation is at EcoDomo’s discretion.
4. Natural Materials and Product Expectations
Leather is a natural material. Variation in color, tone, marking, and texture is inherent and desirable, and is not a defect. Hand-applied finishes — such as crocodile, shagreen, or other tipped finishes — show greater variation. We make every effort to remain consistent within and across dye lots. Samples convey the general character of a material only and are not exact representations; natural variation does not entitle Buyer to cancel an order or claim damages.
5. Inspection and Claims
Buyer or Buyer’s agent must inspect all materials promptly on receipt and before any fabrication, installation, or finishing. Any claim for color variation, quantity, or other irregularity must be made in writing within three (3) business days of receipt, accompanied by a copy of the original order. Fabrication, installation, finishing, or other use of the material constitutes acceptance, and no claim can be made after that point.
6. Warranties and Disclaimer
Materials are sold according to EcoDomo’s standard warranties as described on the applicable quotation or sales order. There are no warranties that extend beyond that written description.
EXCEPT AS EXPRESSLY STATED ABOVE, ECODOMO MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AND SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE WITH RESPECT TO THE MATERIALS PROVIDED.
All hard-surface materials are subject to abrasion in high-traffic areas; care should be used in their selection, placement, and installation. Buyer is responsible for selecting experienced fabricators and installers, and for verifying square footage; EcoDomo does not guarantee the quantity of material a project will require.
7. Limitation of Liability
ECODOMO IS NOT LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, OR SPECIAL DAMAGES OF ANY KIND, INCLUDING
COSTS OF FABRICATION, INSTALLATION, FINISHING, REMOVAL, OR LABOR. ECODOMO’S TOTAL LIABILITY FOR ANY
CLAIM RELATING TO THE MATERIALS SHALL NOT EXCEED THE AMOUNT ACTUALLY PAID BY BUYER FOR THE MATERIAL
GIVING RISE TO THE CLAIM.
8. Returns and Cancellations
Our return policy depends on the type of material:
• Stocked items. They may be returned within fifteen (15) days of the invoice date, with prior written approval, in the original unopened box or crate, and accompanied by a copy of the original order. Buyer pays return freight. Approved returns are subject to a 25% restocking fee and are credited as in-store credit only.
• Custom and special-order materials. Custom Products (see Section 3) are non-cancelable, non-returnable, and non-refundable.
All returns require prior approval. EcoDomo does not issue cash refunds; authorized returns are credited as in-store credit.
9. Shipping, Delivery, Title, and Risk of Loss
Buyer must provide accurate ship-to and delivery information. EcoDomo arranges shipping on Buyer’s behalf; only curbside delivery is provided unless requested otherwise in advance. Title and risk of loss pass to Buyer once the material leaves EcoDomo’s loading dock. Buyer should inspect shipments on delivery and note any visible damage on the delivery receipt. Claims for loss or damage in transit are to be made by Buyer directly to the carrier.
10. Storage Fees
Materials not picked up or shipped within thirty (30) days of the sales order date incur storage fees of $0.05 per square foot per day or $25.00 per day, whichever is greater, payable as part of the cost of the materials. Stocked items left beyond 30 days may be canceled at EcoDomo’s discretion; Custom Products are non-cancelable and remain Buyer’s responsibility. EcoDomo is not responsible for invoiced materials left in its warehouse beyond 30 days from the sales order date.
11. Force Majeure
EcoDomo is not liable for any failure or delay in delivery caused by events beyond its reasonable control, including strikes, lockouts, fires, floods, epidemics or pandemics, acts of government, tariffs or trade restrictions, inability to obtain materials or shipping capacity, equipment breakdowns, carrier or supplier delays, and utility, telecommunications, or network failures.
12. Collection Costs and Attorney’s Fees
Buyer is responsible for the reasonable costs EcoDomo incurs to collect past-due amounts, including collection and attorney fees. In any dispute arising out of or relating to these Terms or the materials sold, the prevailing party is entitled to recover its reasonable attorney’s fees and costs, at both the trial and appellate levels.
13. Governing Law, Jurisdiction, and Venue
These Terms are governed by and construed under the laws of the State of Maryland. Buyer consents to personal jurisdiction and venue in Montgomery County, Maryland for any dispute arising under or relating to these Terms or the materials sold.
14. Modification, Waiver, and Severability
These Terms may not be modified or terminated orally; any modification or termination is valid only if in a writing signed by the party against whom it is enforced. EcoDomo’s failure to enforce any provision is not a waiver of its right to enforce it later. If any provision is found unenforceable, the remaining provisions stay in full effect, and the unenforceable provision will be applied to the maximum extent permitted by law.
15. Entire Agreement
These Terms, together with the face of EcoDomo’s estimate of our sales order, constitute the entire agreement between the parties and govern all current and future sales orders on the account. All prior proposals, negotiations, and representations regarding a transaction are merged into and superseded by this agreement.
