Terms and Conditions
All sales final and non-refundable. A deposit of 50% due upon receipt. Any payments made through Credit or Debit Cards, will have a 3.5% processing fee. Final payment due at day of installation. TERMS AND CONDITIONS Effective Date: March 25, 2025
The following terms and conditions govern the agreement between EC Drum Cages, LLC (“Contractor”) and the Client to purchase, deliver, and install drum enclosures or related products. By signing the proposal, the Client agrees to these terms.
1. Payment Terms
• A deposit of 50% of the total project cost is due upon signing the proposal to initiate the project.
• Upon completion of installation, the Client or their authorized representative will inspect the drum enclosure and sign an Installation Completion Form (see Section 2). If the Client signs the form acknowledging that the enclosure is installed as per the proposal specifications, is functional (i.e., achieves the expected noise reduction, as verified by a dB meter test), and has no issues requiring repairs or replacement of parts, the remaining balance (50% of the total project cost) is due in full within three business days of installation completion.
• If the Client notes an issue on the Installation Completion Form that requires the Contractor to repair or replace a part of the enclosure (e.g., a functional defect or an aesthetic issue such as a loosened baseboard, missing corner guards, or damaged glass), the payment terms will be adjusted as follows:
• 25% of the total project cost is due within three business days of installation completion, regardless of the pending repairs.
• The final 25% is due within three business days of the completion of the agreed-upon repairs or replacements, as scheduled by the Contractor.
• Payments can be made via check (payable to EC Drum Cages, LLC), credit/debit card (subject to a 2.9% processing fee), or bank transfer (details provided upon request).
• Late payments will incur a 1.5% monthly interest charge on the outstanding balance, starting 5 business days after the due date. The Contractor reserves the right to pursue legal action, including filing in small claims court or placing a lien on the property for non-payment.
2. Installation and Acceptance
• Upon completion of installation, the Client or their authorized representative must inspect the drum enclosure in the presence of the Contractor’s team. The Client will sign an Installation Completion Form acknowledging that the enclosure installed as per the proposal specifications and is functional (i.e., achieves the expected noise reduction, as verified by a dB meter test conducted during installation).
• The Client must note any issues requiring repairs or replacement of parts (e.g., functional defects, loosened components, missing parts, or aesthetic concerns like scratches) on the Installation Completion Form. If no such issues are noted, the enclosure is deemed entirely accepted, and the remaining balance is due in full as per Section 1. If issues are pointed out, the payment terms will follow the 25%/25% schedule outlined in Section 1, and the Contractor will schedule a follow-up visit to address these issues within 30–60 days, depending on the availability of materials and the Contractor’s schedule.
• If the Client or their representative is unavailable to inspect the enclosure at the time of installation, the enclosure will be deemed accepted as installed, and the remaining balance will be due in full within three business days unless the Client reports an issue requiring repairs in writing within five business days of installation (see Section 3).
3. Responsibility for Defects
• The Contractor warrants that the drum enclosure will be free of manufacturing defects affecting its functionality (i.e., noise reduction capability) for 90 days from the installation date. Any functional defects reported within this period will be repaired or replaced at no cost to the Client, provided the defect is not due to misuse, improper cleaning, or unauthorized modifications by the Client.
• Aesthetic issues (e.g., scratches, minor dents, or imperfections in materials) identified after the Client begins using the enclosure or after cleaning are not covered under this warranty, as they may result from the Client’s actions (e.g., abrasive cleaning methods). However, the Contractor will work with the Client in good faith to address such concerns, which may include repairs or replacements at the Contractor’s discretion, potentially at an additional cost.
• The Client must report any defects or concerns in writing (via email to info@ecdrumcages.com) within five business days of installation. Failure to report within this timeframe may result in the Client being responsible for the cost of repairs or replacements.
4. Client Responsibilities
• The Client is responsible for ensuring the installation site is accessible and prepared for the Contractor’s team on the scheduled installation date. Any delays caused by the Client (e.g., site not ready, access issues) may result in additional fees.
• The Client must follow the Contractor’s care instructions for the drum enclosure, including using non-abrasive cleaning methods to avoid scratches or damage to the polycarbonate glass or other materials. The warranty will not cover damage caused by improper care or misuse.
5. Scheduling and Travel
• Due to the Contractor’s location in Kissimmee, FL, follow-up visits for adjustments or repairs may require scheduling 30–60 days in advance, depending on the availability of materials (e.g., corner guards, replacement parts) and the Contractor’s travel schedule. The Contractor will reasonably accommodate the Client’s preferred dates but cannot guarantee immediate visits for non-urgent issues.
• Travel fees may apply for follow-up visits if the installation site is more than 50 miles from Kissimmee, FL, and the visit is requested outside the agreed-upon schedule.
6. All Sales Final and Non-Refundable
• All sales are final and non-refundable once the Client signs the proposal and pays the initial 50% deposit. The Client may not cancel the order or request a refund for any reason, including but not limited to changes in circumstances, dissatisfaction with the product’s appearance, or delays in delivery or installation, except as provided below.
• The Client may request a refund of the deposit only if the Contractor fails to deliver the drum enclosure within 90 days of the scheduled delivery date due to reasons within the Contractor’s control (e.g., failure to order materials), and the parties cannot agree on a revised delivery schedule. In such cases, the Contractor will refund the deposit within 30 days of the Client’s written request.
• If the drum enclosure is delivered and installed but fails to meet the functional specifications outlined in the proposal (e.g., does not achieve the expected noise reduction, as verified by a dB meter test during installation), and the Contractor is unable to repair or replace the enclosure to meet these specifications within 30 days of installation, the Client may request a full refund, including the deposit, provided the Client returns the enclosure to the Contractor in its original condition.
• Aesthetic issues (e.g., scratches, appearance of metal strips, or minor imperfections) do not constitute grounds for cancellation or refund, as these are addressed under the warranty and repair provisions in Section 3.
7. Limitation of Liability
• The Contractor is not liable for delays in delivery, installation, or repairs due to factors beyond its control, including but not limited to vendor delays, weather conditions, or unforeseen travel issues.
• The Contractor’s liability is limited to the cost of the drum enclosure. The Contractor is not responsible for consequential damages, including loss of use, lost revenue, or other indirect costs arising from the use or installation of the enclosure.
8. Dispute Resolution
• Any disputes arising from this agreement will first be addressed through good-faith negotiation between the Contractor and the Client. If a resolution cannot be reached within 30 days, the dispute will be resolved through small claims court in Osceola County, Florida, or another mutually agreed-upon venue.
• The Client agrees to pay reasonable legal fees and court costs incurred by the Contractor in pursuing payment or enforcing this agreement.
9. Entire Agreement
• This proposal, including these terms and conditions, constitutes the agreement between the Contractor and the Client. Any verbal agreements or modifications must be documented in writing and signed by both parties to be enforceable.
By signing the proposal, the Client acknowledges that they have read, understood, and agreed to these terms and conditions.