TERMS:
Rules that Apply to All Shipments
Policies and Conditions of Service:
These terms and conditions of service constitute a legally binding contract between the “Company” and the “Customer”. In the event, that the Company renders services and issues a document containing Terms and Conditions governing such services, the Terms and Conditions set forth in such other document(s) shall govern those services.
1. Definitions. (a) “Company” shall mean Dynasty Construction Imports, LLC, its subsidiaries, related companies, agents, and/or representatives, (b) “Customer” shall mean the person for which the Company is rendering service, as well as its agents and/or representatives, including, but not limited to, shippers, importers, exporters, carriers, secured parties, warehousemen, buyers and/or sellers, shipper’s agents, insurers and underwriters, breakbulk agents, consignees, etc. It is the responsibility of the Customer to provide notice and copy(s) of these terms and conditions of service to all such agents or representatives; (c)” Documentation” shall mean all information received directly from Customer, whether in paper or electronic form; (d) “Ocean Transportation Intermediaries'' (“OTI”) shall include an “ocean freight forwarder’ and a “non‐vessel operating carrier”; (e) “Third parties” shall include, but not be limited to the following: “carriers, truckmen, cartman, lightermen, forwarders, OTIs, customs brokers, agents, warehousemen and others to which the goods are entrusted for transportation, cartage handling and/or delivery and/or storage or otherwise”.
2. Company as agent. The Company acts as the “agent” of the Customer for the purpose of performing duties in connection with the entry and release of goods, post-entry services, the securing of export licenses, the filing of export and security documentation on behalf of the Customer, and other dealings with Government Agencies; as to all other services, Company acts as an independent contractor.
3. Limitation of Actions. (a) Unless subject to a specific statute or international convention, all claims against the Company for a potential or actual loss must be made in writing and received by the Company, within ninety (90) days of the event giving rise to the claim; the failure to give the Company timely notice shall be a complete defense to any suit or action commenced by Customer. (b) All suits against Company must be filed and properly served on Company as follows; (i) For claims arising out of ocean transportation, within one (1) year from the date of the loss; (ii) For claims arising out of air transportation, within two (2) years from the date of this loss; (iii) For claims arising out of the preparation and/or submission of an import entry(s), within seventy-five (75) days from the date of liquidation of the entry(s); (iv) For any and all other claims of any type, within two (2) years from the date of the loss or damage.
4. No liability For The Selection or Services of Third Parties and/or Routes. Unless services are performed by persons or firms engaged pursuant to express written instructions from the Customer, Company shall use reasonable care in its selection of third parties, or in selecting the means, route and procedure to be followed in the handling, transportation, clearance and delivery of the shipment; advice by the Company that a particular person or firm has been selected to render services with respect to the goods, shall not be construed to mean that the Company warrants or represents that such person or firm will render such services nor does Company assume responsibility or liability for any action(s) and/or inactions(s) of such third parties and/or its agent, and shall not be liable for any delay or loss of any kind, which occurs while a shipment is in the custody or control of a third party or the agent of a third party; all claims in connection with the Act of a third party shall be brought solely against such party and/or its agents; in connection with any such claim, the Company shall reasonably cooperate with the Customer, which shall be liable for any charges or costs incurred by the Company.
5. Quotations Not Binding. Quotations as to fees, rates of duty, freight charges, insurance premiums, or other charges given by the Company to the Customer are for informational purposes only and are subject to change without notice; no quotation shall be binding upon the Company unless the Company in writing agrees to undertake the handling or transportation of the shipment at a specific rate or amount set forth in the quotation and payment arrangements are agreed to between the Company and the Customer.
6. Reliance On Information Furnished. (a) Customer acknowledges that it is required to review all documents and declarations prepared and/or filed with the U.S. Customs and Border Protection, other Government Agency and/or third parties, and will immediately advise the Company of any errors, discrepancies, incorrect statements, or omissions on any declaration or other submission filed on Customer’s behalf; (b) In preparing and submitting customs entries, export declarations, applications, security filings, documentation, and/or export data, the Company relies on the correctness of all documentation, whether in written or electronic format, and all information furnished by Customer; Customer shall use reasonable care to ensure the correctness of all such information and shall indemnify and hold the Company harmless from any and all claims asserted and/or liability or losses suffered by reason of the Customer’s failure to disclose information or any incorrect, incomplete or false statement by the Customer or its agent, representative or contractor upon which the Company reasonably relied. The Customer agrees that the Customer has an affirmative non‐delegable duty to disclose any and all information required to import, export, or enter the goods.
7. Declaring Higher Value To Third Parties. Third parties to whom the goods are entrusted may limit liability for loss or damage; the Company will request excess valuation coverage only upon specific written instructions from the Customer, which must agree to pay any charges therefore; in the absence of written instructions or the refusal of the third party to agree to a higher declared value, at Company discretion, the goods may be tendered to the third party, subject to the terms of the third party’s limitations of liability and/or terms and conditions of service.
8. Insurance. Unless requested to do so in writing and confirmed to Customer in writing, the Company is under no obligation to procure insurance on Customer’s behalf; in all cases, Customer shall pay all premiums and costs in connection with procuring requested insurance.
9. Disclaimers; Limitation of Liability. (a) Except as specifically set forth herein, Company makes no express or implied warranties in connection with its services; (b) In connection with all services performed by the Company, Customer may obtain additional liability coverage, up to the actual or declared value of the shipment or transaction, by requesting such coverage and agreeing to make payment therefore, which request must be confirmed in writing by the Company prior to rendering services for the covered transaction(s). (c) In the absence of additional coverage under (b) above, the Company’s liability shall be limited to the following: (i) where the claim arises from activities other than those relating to customs business, $150.00 per shipment or transaction, or (ii) where the claim arises from activities relating to “Customs business.” $150.00 per entry or the number of brokerage fees paid to the Company for the entry, whichever is less; (e) in no event shall the Company be liable or responsible for consequential, indirect, incidental, statutory, or punitive damages even if it has been put on notice of the possibility of such damages or for the acts of third parties.
10. Advancing Money. All charges must be paid by Customer in advance unless the Company agrees in writing to extend credit to Customer, the granting of credit to a Customer in connection with a particular transaction shall not be considered a waiver of this provision by the Company.
11. Indemnification/Hold Harmless. The Customer agrees to indemnify, defend and hold the Company harmless from any claims and/or liability, fines, penalties, and/or attorney’s fees arising from the importation or exportation of Customer’s merchandise and/or any conduct of the Customer, including but not limited to the inaccuracy of entry, export or security data supplied by Customer or its agent or representative, which violates any Federal, State and/or other laws, and further agrees to indemnify and hold the Company harmless against any and all liability, loss, damages, costs, claims, penalties, fines and/or expenses, including but not limited to reasonable attorney’s fees, which the Company may hereafter incur, suffer or be required to pay by reason of such claims; in the event that any claim, suit or proceeding is brought against the Company, it shall give notice in writing to the Customer by mail at its address on file with the Company.
12. C.O.D. or Cash Collect Shipments. Company shall use reasonable care regarding written instructions relating to “Cash/Collect on “Deliver (C.O.D.)” shipments, bank drafts, cashier’s and/or certified checks, letter(s) of credit, and other similar payment documents and/or instructions regarding the collection of monies but shall have no liability if the bank or consignee refuses to pay for the shipment.
13. Costs of Collection. In any dispute involving monies owed to the Company, the Company shall be entitled to all costs of collection, including reasonable attorney’s fees and interest at 18% per annum or the highest rate allowed by law, whichever is less, unless a lower amount is agreed to by the Company.
14. General Lien and Rights To Sell Customer’s Property. (a) Company shall have a general and continuing lien on any and all property of Customer coming into Company’s actual or constructive possession, or control for monies owed to Company with regard to the shipment on which the lien is claimed, a prior shipment(s) and/or both; (b) Company shall provide written notice to Customer of its intent to exercise such lien, the exact amount of monies due and owing, as well as any on‐going storage or other charges; Customer shall notify all parties having an interest in its shipment(s) of Company’s rights and/or the exercise of such lien. (c) Unless, within thirty days of receiving notice of lien, Customer posts cash or letter of credit at sight, or, if the amount due is in dispute, an acceptable bond equal to 110% of the value of the total amount due, in favor of Company, guaranteeing payment of the monies owed, plus all storage charges accrued or to be accrued, Company shall have the right to sell such shipment(s) at public or private sale or auction and any net proceeds remaining thereafter shall be refunded to Customer.
15. No Duty To Maintain Records For Customers. Customer acknowledges that pursuant to Sections 508 and 509 of the Tariff Act, as amended, (19 USC paragraphs 1508 and 1509) it has the duty and is solely liable for maintaining all records required under the Customs and/or other Laws and Regulations of the United States; unless otherwise agreed to in writing, the Company shall only keep such records that it is required to maintain by Statute(s) and/or Regulations(s), but not act as a “recordkeeper” or “record-keeping agent” for Customer.
16. Obtaining Binding Rulings, Filing Protests, etc. Unless requested by Customer in writing and agreed to by Company in writing, Company shall be under no obligation to undertake any pre or post-Customs release action, including, but not limited to, obtaining binding rulings, advising of liquidations, filing of petition(s) and/or protests, etc.
17. Preparation and Issuance of Bills of Lading. Where Company prepares and/or issues a bill of lading, Company shall be under no obligation to specify thereon the number of pieces, packages and/or cartons, etc; unless specifically requested to do so in writing by Customer or its agent and Customer agrees to pay for the same. The company shall rely upon and use the cargo weight supplied by the Customer.
18. No Modification or Amendment Unless Written. These terms and conditions of service may only be modified, altered, or amended in writing signed by both Customer and Company; any attempt to unilaterally modify, alter or amend the same shall be null and void.
19. Compensation of Company. The compensation of the Company for its services shall be included with and is in addition to the rates and charges of all carriers and other agencies selected by the Company to transport and deal with the goods and such compensation shall be exclusive of any brokerage, commissions, dividends, or other revenue received by the Company from carriers, insurers and others in connection with the shipment. On ocean exports, upon request, the Company shall provide a detailed breakout of the components of all charges assessed and a true copy of each pertinent document relating to these charges. In any referral for collection or action against the Customer for monies due the Company, upon recovery by the Company, the Customer shall pay the expenses of collection and/or litigation, including a reasonable attorney fee.
20. Severability. In the event any Paragraph(s) and/or portion(s) hereof is found to be invalid and/or unenforceable, then in such event, the remainder hereof shall remain in full force and effect. Company’s decision to waive any provision herein, either by conduct or otherwise, shall not be deemed to be a further or continuing waiver of such provision or to otherwise waive or invalidate any other provision herein.
21. Governing Law; Consent to Jurisdiction and Venue. These terms and conditions of service and the relationship of the parties shall be construed according to the laws of the State of Utah without giving consideration to principles of conflict of law. Customer and Company (a) irrevocably consent to the jurisdiction of the United States District Court and the State courts of Utah; (b) agree that any action relating to the services performed by Company, shall only be brought in said courts; (c) consent to the exercise of in personam jurisdiction by said courts over it, and (d) further agree that any action to enforce a judgment may be instituted in any jurisdiction.
Plans and specifications
Please note that when providing Dynasty Construction Imports, LLC plans, schematics, and or drawings to do a take-off of the materials needed for your project, we are not responsible for changes in the plans after their estimate has been given and the order is finalized. Once an order has been made with a manufacturer the order is final. Take offs is a service provided by our company and is subject to human error. The customer needs to double-check all drawings, quantities, and specifications before making the final order. Dynasty Construction Imports, LLC can not be held responsible for discrepancies when the final order is approved by the client.
Shipping Policy
One of the many advantages of choosing Dynasty Construction Imports, LLC for your construction materials is our high quality, high speed, low-cost shipping services. From the very beginning, we realized how important shipping services are for internet sales. We strive to provide fast, quality shipping services that are both hassle-free and damage-free. In our shipping policy below, we address the issues that are of concern to our many customers.
Where We Deliver
We deliver to ALL 50 UNITED STATES including Hawaii and Alaska, as well as Canada. Offshore shipping is also available BUT ONLY for large orders. Please call us at 844-433-6296 for consideration of your offshore order and larger domestic orders.
Delivery Time
Some of our products are stocked at our many domestic distribution centers across the country and these products ship quickly from our domestic wholesalers. Dynasty Construction Imports, LLC tries to have domestic shipments on a shipping truck in 1-5 business days. Transit time may vary from state to state and coast to coast. The salesperson or our shipping office can clarify the approximate times. International shipments can take from 45 to 120 days, but most likely 70 to 90 days from point of sale. DO NOT SCHEDULE INSTALLERS OR CONTRACTORS UNTIL ALL MATERIALS HAVE BEEN DELIVERED AND ARE IN YOUR POSSESSION. Dynasty Construction Imports, LLC IS NOT RESPONSIBLE FOR ADDITIONAL CHARGES ASSUMED BY THE CUSTOMER FROM THE CONTRACTOR FOR A DELAY IN A CONTRACTED STARTING TIME.
Shipping Damage
It is our goal to ship and deliver all orders on time and free of any shipping damage. There are some rare circumstances where shipping damage may occur. If this unlikely event happens, please be sure to make note of the driver’s delivery of any damage that you see. For example, “3 Lighting Boxes Damaged”. If there is damage but you are unsure of the amount, write “Visible Damage”. Count all items and make note of anything missing. Please take pictures to show the extent of damage that can be emailed. Due to the flexibility of certain products like flooring, drywall, wood, and other materials that need estimated percentage overages, only damage above 5% of the amount ordered is eligible for replacement. Any material that is damaged on the ends of the boards or moldings is not replaceable as they can still be used for cuts or by the walls. Orders with shipping damage are not to be refused at delivery and it does not constitute a basis for rejection of the order. A shipping cost has been incurred to ship the materials to your job site and the same likewise if the product is rejected with possible restocking fees. Call your representative at the time of delivery if you need to feel more secure about the situation. If the order is sent back without agreement from Dynasty Construction Imports, LLC you agree to pay shipping both ways and a possible restocking fee. The whole order is not to be rejected due to part of it being damaged.
Product Delivery
With our extensive experience of delivering construction materials to customers nationwide and internationally, it is our goal that your delivery experience is well-communicated and goes smoothly. Unless otherwise agreed in writing, all deliveries are delivered "curbside" or at a warehouse location. For larger orders like full truck loads or shipping containers, you will need a forklift to offload the truck. Some of our deliveries do include a liftgate to lower the pallet off the truck. There are some circumstances where the liftgate is not able to be utilized or available. For example, if a pallet is too long or too heavy to fit on the liftgate then the individual boxes will need to be hand offloaded from the truck. Also, smaller orders will not include a liftgate considering they can be hand offloaded easily. Since liftgate service is not guaranteed please have help at the time of delivery if you are not capable of offloading boxes by yourself. If you would like to confirm if a liftgate will be able to be used on your delivery please call Dynasty Construction Imports, LLC to confirm. It is the customer's responsibility to move the building materials from the curb into their home, business, or job site. After order ships, it is expected that the carrier can efficiently schedule an appointment with the customer and proceed with delivery within 3 business days of the shipment arriving at the carrier's local facility. If it is by request from a customer that the shipment be held for a future delivery date beyond this time then they would assume the responsibility of paying for any storage charges that are accrued during that time and must be paid to Dynasty Construction Imports, LLC before delivery can take place. Dynasty Construction Imports, LLC can hold shipments at a local warehouse near your job site if the customer is not ready to receive the order. This will be an additional charge for time and storage. This will need to be negotiated with a sales representative before the time of purchase. Upon arrival, your order should be inspected in two ways. 1) Be sure that the proper number of materials was delivered as ordered. 2) Be sure to match the model/item number with the model/item numbers on your invoice from Dynasty Construction Imports, LLC. If you feel that there is a shortage, please note on the delivery receipt the number of items that are missing and contact Dynasty Construction Imports, LLC immediately. If there is any damage, please see the Shipping Damage section.
Return Policy
Dynasty Construction Imports, LLC will accept returns of only domestic wholesale merchandise within 30 days of receipt and with return approval from a Dynasty Construction Imports, LLC employee. Custom and International orders are not returnable. Special orders and accessories are not returnable. The customer may incur a restocking fee from the distributor and is liable for shipping costs both ways. Returned merchandise must be in original packaging and customers must palletize when necessary.
Cancellation Requests
We understand that your project needs may change and that orders may need to be altered after being submitted. Please note that cancellations are by request and will depend on the nature of the materials ordered and how far along the order process they are. There are some products that will be produced specifically for your order and cannot be canceled. It is possible that some items may incur a restocking fee if they are canceled while in production but not yet shipped. If an order has been approved for cancellation and has shipped to another warehouse or the customer, there will be restocking and shipping costs. A cancellation request is not valid by voicemail or email from a customer and must be confirmed and acknowledged by a Dynasty Construction Imports, LLC employee. All cancellation requests must be confirmed in writing by Dynasty Construction Imports, LLC. Please call for more details.
Claims
The exclusive venue of any and all claims, demands, and/or causes of action arising out of or relating to the manufacture, distribution, sale, installation, repair, or modification of our products (“Claims”) shall be the state or federal court sitting in Salt Lake County, Utah. The purchaser consents to the jurisdiction of the Utah courts for Claims. In any civil actions concerning the Claims, the purchaser agrees to pay the attorney fees and costs Dynasty Construction Imports, LLC incurs in connection with such civil action in the event the litigant loses. Purchaser willingly and voluntarily waives a jury trial on claims. Other than warranty-related issues, products that have been installed are deemed to be acceptable. Any issues with uninstalled materials received must be reported within 10 days of delivery.
Digital Image Disclaimer
The digital images displayed on this website are intended to be the most accurate representation of the products possible. Due to the differences between monitors and device screens, we cannot be held responsible for any variance between the actual product and what is digitally represented on your screen.
Payment
We accept Visa, MasterCard, Discover, American Express, Personal Checks, Company Checks, Certified Checks, Money Orders, and Bank Wires.
"Guaranteed Next Day Shipping or It Ships For Free" Details
Please note that "next day shipping" is defined as "next business day" and that qualifying items will be shipped the next business day after the order has been placed. Our "next business day" shipping commitment is considered to be fulfilled if an order needs to be shipped in multiple shipments and 1 of them has shipped on time. While this promotion only applies to orders placed online, most orders placed over the phone do ship the next business day as a standard practice unless otherwise specified by the sales rep or customer.
Privacy Rights
Dynasty Construction Imports, LLC respects the privacy of those who use our website which is found at Dynastyconstructionimports.com. This policy applies to information you may supply to us on the website, not to information supplied by phone, in person, or by mail.
The information we collect
Information is collected for online purchases. This information is volunteered to us. The part of the information that would enable a financial transaction is not seen by or kept by Dynasty Construction Imports, LLC. So another transaction cannot be made without your permission. Within 30 days we do have the ability to return part or all of your funds sent. Some websites collect your name, address, financial information, and personal preferences automatically when you visit their site. Dynasty Construction Imports, LLC does not collect that information unless volunteered. When you are on our site our web server collects the web address (the URL) of the website you came from. Our web server also records the pages you visit on our site, any search terms you entered on our site, and the browser you used to view our site. To protect your information we deploy technological safeguards like encryption, access control, and firewalls. We use a secure socket layer (SSL) to encrypt credit card transactions.
How we use the information
The information you provide is used to answer your questions, to process a purchase transaction, and to ship products. Also to see what areas of the country are most interested in our products and to keep you informed as to offer special offers to our clients. Our website uses technologies to track pages used and the amount of time per use, basic information that enables Google to generate reports for us about customer usage of our site. Our website does not use technology (including our mobile site) to determine your location. We do not contract with third parties to put ads in front of you when you are away from our site. There is no need for you to use a web browser to block our site from tracking you. We do not use a third party to contact you or follow you in any form except as an email service to send an email ad to those who volunteered their email address. Email recipients can unsubscribe at any time.
Disclosure of Information to Third Parties
We do not rent or sell your information to third parties. We only disclose information to our government if they demand it.
Information on Social Media
The privacy policies stated here apply in the same way to social media, as to how the information is used and kept. Social network platforms have their own privacy policies. We do not report to social media your activity and likes and dislikes for products viewed or purchased.
How will customers & visitors know of a change in our Privacy Policies?
Any changes to our policy will be posted on this page.
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