TERMS AND CONDITIONS- JANUARY 1, 2020 Volterra Architectural Products LLC (“VOLTERRAPRODUCTS.COM”) owns and operates this Website. This document governs your relationship with VOLTERRAPRODUCTS.COM. Access to and use of this Website and the products and services available through this Website (collectively, the "Services") are subject to the following terms, conditions and notices (the "Terms of Service"). By using the Services, you are agreeing to all of the Terms of Service, as may be updated by us from time to time. You should check this page regularly to take notice of any changes we may have made to the Terms of Service. TERMS OF SALE By placing an order you are offering to purchase a product on and subject to the following terms and conditions. All orders are subject to availability and confirmation of the order price. Delivery times may vary according to availability and subject to any delays resulting from 3rd party delivery delays for which VOLTERRAPRODUCTS.COM will not be responsible. In order to contract VOLTERRAPRODUCTS.COM you must be over 18 years of age and possess a valid credit or debit card issued by a bank acceptable to us. VOLTERRAPRODUCTS.COM retains the right to refuse any request made by you. If your order is accepted we will inform you by email. When placing an order you undertake that all details you provide to us are true and accurate, that you are an authorized user of the credit or debit card used to place your order and that there are sufficient funds to cover the cost of the goods. All prices advertised are subject to such changes. (a) Our Contract When you place an order, you will receive an acknowledgement email confirming receipt of your order: this email is an acknowledgement and will constitute acceptance of your order. You have 24 hours to cancel your order unless it is a “QUICK SHIP” product. Only the goods listed in the e-mail at the time of purchase will be included in the contract formed. If you do not receive an acknowledgement email contact customerservice@volterraproducts.com or call 602.258.7373. (b) Pricing and Availability While we try and ensure that all details, descriptions and prices which appear on this Website are accurate, errors may occur. If we discover an error in the price of any goods which you have ordered we will inform you of this as soon as possible and give you the option of reconfirming your order at the correct price or cancelling it. If we are unable to contact you we will treat the order as cancelled and all charges will refunded. Delivery costs will be charged in addition; such additional charges are clearly displayed where applicable and included in the 'Total Cost'. (c) Payment Upon receiving your order we carry out a standard authorization check on your payment card to ensure there are sufficient funds to fulfil the transaction. Your card will be debited upon authorization being received. (D) Storage Fees If you delay the order for any reason you may be liable for storage fees from the Freight Company or VOLTERRAPRODUCTS.COM. For large volume orders that may only require a deposit to start production and have a balance due before shipping and VOLTERRAPRODUCTS.COM cannot collect on this balance, then storage fees of $100.00 per day or 1% of the total order per day (whichever is greater) will be charged. In both cases, above storage fees will occur 2 days after the estimated ship date. RETURNS VOLTERRAPRODUCTS.COM manufactures products to order. We do not accept returns for any reason. Shipping Policy (a) Delivery dates Delivery dates are estimates and are stated on each buy now page. Delivery dates may change at any time. (b) Pricing Prices stated on the website do not include shipping. Shipping will be calculated when checking out and after adding your ship to address. If you misrepresent your ship to address such as a business address vs. residential address, incorrect address, limited access etc. may result in added charges. (c) Damaged Shipment 1) INSPECT YOUR SHIPMENT IMMEDIATELY BEFORE SIGNING FOR THE DELIEVERY. 2) If there is any suspicion of damage, take pictures of the package and areas of the product question. 3) An authorized person must sign for or reject the shipment. 4) If there is damage you must reject the shipment and call us immediately (602.258.7373) or if you see damage but accept the shipment you must note damage on the receipt and have the driver also sign for acceptance of damage and then file your own claim with the freight company. The freight company may want to inspect the damaged product so do not discard the product. 5) If for any reason you are unable to fully inspect your shipment, you must write on the delivery ticket “SUBJECT TO INSPECTION” and inspect for damage within 24 hours. 6) Hidden damage: you must inspect the package within 24 hours of delivery and call us within this timeframe. If you do not call us within 24 hours your claim is invalid. INSTALLATION (a) Installation of Product The contents of this website have recommended installation guidelines. We recommend that a licensed contractor installs the products purchased on this site and they follow local and national building codes. (b) Fire Rated Resin (resin that passes ASTM-E84) material is not recommended or warrantied for exterior use. Fire Rated Resin is recommended for HDF Mantel installations and may be required in commercial applications. Standard HDF and HDF products using ASTM-E84 Fire Rated Resin may distort/warp when surface and internal temperatures reach 200° F. Check local codes for installations near fireplace, heater, furnace or any heat source. PRIVACY POLICY VOLTERRAPRODUCTS.COM will only use your information and any information given to us internally and to help aid the manufacturing and delivery process. By using this Website, you consent to the processing described therein and warrant that all data provided by you is accurate. PROHIBITIONS You must not misuse this Website. You will not: commit or encourage a criminal offense; transmit or distribute a virus, trojan, worm, logic bomb or any other material which is malicious, technologically harmful, in breach of confidence or in any way offensive or obscene; hack into any aspect of the Service; corrupt data; cause annoyance to other users; infringe upon the rights of any other person's proprietary rights; send any unsolicited advertising or promotional material, commonly referred to as "spam"; or attempt to affect the performance or functionality of any computer facilities of or accessed through this Website. Breaching this provision would constitute a criminal offense and VOLTERRAPRODUCTS.COM will report any such breach to the relevant law enforcement authorities and disclose your identity to them. We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of this Website or to your downloading of any material posted on it, or on any website linked to it. Intellectual Property, Software and Content The intellectual property rights in all software and content (including photographic images, technical drawings, CAD details, designs etc.) made available to you on or through this Website remains the property of VOLTERRAPRODUCTS.COM or its licensors and are protected by copyright laws and treaties around the world. All such rights are reserved by VOLTERRAPRODUCTS.COM and its licensors. You may store, print and display the content supplied solely for your own personal use. You are not permitted to publish, manipulate, distribute or otherwise reproduce, in any format, any of the content or copies of the content supplied to you or which appears on this Website nor may you use any such content in connection with any business or commercial enterprise. WARRANTY Each individual product will have a product guaranty in the technical data which is located on the lower half of the page within Product Specifications. DISCLAIMER OF LIABILITY The material displayed on this Website is provided without any guarantees, conditions or warranties as to its accuracy. Unless expressly stated to the contrary to the fullest extent permitted by law VOLTERRAPRODUCTS.COM and its suppliers, content providers and advertisers hereby expressly exclude all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity and shall not be liable for any damages whatsoever, including but without limitation to any direct, indirect, special, consequential, punitive or incidental damages, or damages for loss of use, profits, data or other intangibles, damage to goodwill or reputation, or the cost of procurement of substitute goods and services, arising out of or related to the use, inability to use, performance or failures of this Website or the Linked Sites and any materials posted thereon, irrespective of whether such damages were foreseeable or arise in contract, tort, equity, restitution, by statute, at common law or otherwise. This does not affect VOLTERRAPRODUCTS.COM’s liability for death or personal injury arising from its negligence, fraudulent misrepresentation, misrepresentation as to a fundamental matter or any other liability which cannot be excluded or limited under applicable law. LINKING TO THIS WEBSITE You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link from any website that is not owned by you. This Website must not be framed on any other site, nor may you create a link to any part of this Website other than the home page. We reserve the right to withdraw linking permission without notice. Disclaimer as to ownership of trade marks, images of personalities and third party copyright Except where expressly stated to the contrary all persons (including their names and images), third party trademarks and content, services and/or locations featured on this Website are in no way associated, linked or affiliated with VOLTERRAPRODUCTS.COM and you should not rely on the existence of such a connection or affiliation. Any trademarks/names featured on this Website are owned by the respective trade mark owners. Where a trade mark or brand name is referred to it is used solely to describe or identify the products and services and is in no way an assertion that such products or services are endorsed by or connected to VOLTERRAPRODUCTS.COM. Access to this Website is permitted on a temporary basis, and we reserve the right to withdraw or amend the Services without notice. We will not be liable if for any reason this Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts or this entire Website. This Website may contain links to other websites (the "Linked Sites"), which are not operated by VOLTERRAPRODUCTS.COM. VOLTERRAPRODUCTS.COM has no control over the Linked Sites and accepts no responsibility for them or for any loss or damage that may arise from your use of them. Your use of the Linked Sites will be subject to the terms of use and service contained within each such site. INDEMNITY You agree to indemnify, defend and hold harmless VOLTERRAPRODUCTS.COM, its directors, officers, employees, consultants, agents, and affiliates, from any and all third party claims, liability, damages and/or costs (including, but not limited to, legal fees) arising from your use this Website or your breach of the Terms of Service. VARIATION VOLTERRAPRODUCTS.COM shall have the right in its absolute discretion at any time and without notice to amend, remove or vary the Services and/or any page of this Website. INVALIDITY If any part of the Terms of Service is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of the Terms of Service will not be affected all other clauses remaining in full force and effect. So far as possible where any clause/sub-clause or part of a clause/sub-clause can be severed to render the remaining part valid, the clause shall be interpreted accordingly. Alternatively, you agree that the clause shall be rectified and interpreted in such a way that closely resembles the original meaning of the clause /sub-clause as is permitted by law. COMPLAINTS We operate a complaints handling procedure which we will use to try to resolve disputes when they first arise, please let us know if you have any complaints or comments. WAIVER If you breach these conditions and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these conditions. ENTIRE AGREEMENT The above Terms of Service constitute the entire agreement of the parties and supersede any and all preceding and contemporaneous agreements between you and VOLTERRAPRODUCTS.COM. Any waiver of any provision of the Terms of Service will be effective only if in writing and signed by a Director of VOLTERRAPRODUCTS.COM. QUESTIONS If you have any questions or need clarification of the above Terms and Conditions please email us at customerservice@volterraproducts.com or call 602.258.7373.