Terms and Conditions of Sale

These Terms (“Terms”) govern all sales of goods by Scobis Homes, LLC d/b/a Scobis Millwork + Design (“Seller”) to the purchaser identified on the associated Purchase Order (“Buyer”), under the Purchase Order (“PO”) to which they are attached or referenced.

1. Acceptance
A PO is accepted, and these Terms become binding, upon whichever occurs first: (a) Buyer’s digital approval through Seller’s accounting system; (b) Buyer’s written or emailed confirmation referencing the PO or expressing intent to proceed; or (c) Buyer’s payment of any portion of the amount due. No modification to a PO or these Terms is valid unless approved in writing by Seller, and no additional or conflicting terms proposed by Buyer (including on Buyer’s own purchase forms) apply. Seller may update these Terms from time to time.

2. Payment
Standard terms require: (a) 50% deposit due at order; (b) 25% due when the applicable product enters finishing (stain, paint, or comparable production milestone); and (c) the remaining 25% balance due COD at delivery, unless the PO states otherwise. Accepted payment methods: credit card (+3% processing fee), ACH/e-check (+1%), or check (no fee). Overdue balances incur a $250 late fee plus 1.5% monthly interest (18% APR), and Buyer is responsible for all collection costs, including attorneys’ fees and court costs. Late or unpaid balances may result in delay or cancellation of future orders, delay of production at any milestone, and revocation of any credit terms. Any alternate payment terms must be agreed to in writing by Seller for each specific order.

3. Cancellations, Changes & Returns
Stock items may be canceled or changed prior to shipping, subject to a 30% restocking fee; returned items must be new, unused, and in resalable condition. Custom, non-stock, and manufactured items, including millwork, doors, and similar products produced by Seller are final upon confirmation and may not be canceled, changed, or returned under any circumstances. All change requests must be submitted in writing and are subject to Seller’s approval and any additional charges.

4. Delivery & Title
Delivery timelines are estimates based on supplier and production availability and are subject to change. Title and risk of loss pass to Buyer upon delivery to Buyer or Buyer’s designated carrier. Seller is not responsible for delays caused by freight providers, suppliers, or other third parties beyond its reasonable control (see Section 9, Force Majeure).

5. Inspection & Claims
Buyer must inspect all goods upon delivery. Any claim for shortage, damage, or nonconformity must be submitted to Seller in writing within five (5) business days of delivery, or the goods are deemed accepted. Claims submitted after this period are waived.

6. Materials & Natural Variation
Wood, veneer, glass, and other natural or manufactured materials are subject to inherent variation in grain, color, texture, and finish. Samples and mockups, if provided, are representative only, and variation consistent with the nature of the material is not a defect or grounds for claim.

7. Warranty
Products manufactured by Seller are covered by Seller’s Limited Warranty, available at https://www.scobismillwork.com/warranty, which is incorporated into these Terms by reference. Products supplied but not manufactured by Seller are covered solely by the original manufacturer’s warranty, and Buyer must pursue such claims directly with that manufacturer, subject to its terms. Except as expressly stated in Seller’s Limited Warranty, Seller makes no other warranties, express or implied, including any warranty of merchantability or fitness for a particular purpose.

8. Limitation of Liability
Seller’s liability arising out of or relating to any PO is limited, at Seller’s discretion, to repair, replacement, or refund of the affected goods. Seller is not liable for indirect, incidental, special, or consequential damages, including lost profits, project delays, or installation costs, even if advised of the possibility of such damages

9. Force Majeure
Seller is not liable for any delay or failure to perform caused by events beyond its reasonable control, including material shortages, carrier or supplier delays, weather, labor disputes, or government action.

10. Indemnification
Buyer will defend, indemnify, and hold Seller harmless from any claims, damages, or expenses (including reasonable attorneys’ fees) arising from Buyer’s installation, handling, storage, or use of the goods after delivery, except to the extent caused by Seller’s proven breach of these Terms.

11. Mechanic’s Lien Rights
Seller retains all rights afforded under Missouri’s mechanic’s lien statute, RSMo Chapter 429, including the right to file a lien against the property where Seller’s products are delivered or installed for any unpaid amounts due under a PO. This right exists regardless of Buyer’s relationship to the property owner and is in addition to any other remedy available to Seller.

12. Taxes
Prices are exclusive of applicable sales, use, or other taxes unless the PO states otherwise. Buyer is responsible for all such taxes unless Buyer provides Seller a valid exemption certificate prior to invoicing.

13. Assignment
Buyer may not assign or transfer any PO or these Terms without Seller’s prior written consent. Seller may assign its rights under these Terms without Buyer’s consent.

14. Notices
Notices under these Terms must be in writing and delivered by email, certified mail, or overnight courier to the address associated with the PO, or to an updated address provided in writing.

15. Dispute Resolution & Governing Law
These Terms are governed by the laws of the State of Missouri. Any dispute shall be brought exclusively in the state or federal courts located in St. Louis County, Missouri, and each Party consents to jurisdiction and venue there.

16. Entire Agreement; Severability
These Terms and the PO represent the entire agreement between Buyer and Seller and supersede all prior discussions or agreements relating to the subject matter. If any provision of these Terms is held unenforceable, the remaining provisions remain in full force and effect. Seller’s failure to enforce any provision is not a waiver of its right to do so later.