TERMS & CONDITIONS

Welcome to the website of First Chair Design Company, LLC ("Company," "we," "us," or "our"). We build and sell replica ski chairlift benches and related products ("Products") and offer professional consulting services ("Services") via the internet.

These Terms and Conditions ("Terms") govern your use of this website, any purchases of Products, and any engagement for Services. By accessing or using our website, placing an order for Products, engaging us for Services, or clicking to accept or agree to these Terms when this option is made available, you accept and agree to be bound by these Terms and our Privacy Policy, incorporated herein by reference.

If you do not agree to these Terms, you must not access or use the website, purchase Products, or engage for Services.

1. General Conditions

  • Eligibility: By agreeing to these Terms, you represent that you are at least the age of majority in your state or province of residence.

  • Modification of Terms: We reserve the right to update, change, or replace any part of these Terms by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

2. Products (Benches and Goods) and Orders

A. Product Information

  • We have made every effort to display the colors, features, specifications, and details of the Products as accurately as possible. However, we do not guarantee that your electronic display will be accurate.

  • Information about our Products is for informational purposes only. While we strive for accuracy, we make no representation or warranty as to the accuracy, reliability, completeness, or timeliness of the Product information.

  • All descriptions of Products and Product pricing are subject to change at any time without notice, at our sole discretion. We reserve the right to discontinue any Product at any time.

B. Order Acceptance and Cancellation

  • We reserve the right to refuse any order for Products you place with us.

  • An order confirmation email does not constitute our final acceptance of an order. We reserve the right at any time after receipt of your order to accept or decline your order for any reason.

  • We reserve the right to correct any errors in pricing or product descriptions and to cancel or refuse to accept an order based on an incorrect price or description.

C. Pricing and Payment

  • All prices are listed in US Dollars (USD) and do not include applicable taxes, shipping, or handling charges, which will be added to your total purchase price.

  • You agree to provide current, complete, and accurate purchase and account information for all purchases made via the website.

3. Professional Services

A. Scope of Services

  • The Company offers various design consulting and planning services as described on the website (the “Services”). The specific details, deliverables, timelines, and fees for any engagement will be outlined in a separate, written Service Agreement or Statement of Work (SOW), which, once executed, will be governed by these Terms.

  • In the event of a conflict between these Terms and a signed Service Agreement/SOW, the terms of the Service Agreement/SOW shall prevail only with respect to the specific Services described therein.

B. Client Responsibilities

  • You agree to provide all necessary information, feedback, and cooperation required for the timely and effective performance of the Services. Delays caused by your failure to provide necessary input may result in delays in the Services schedule and may incur additional fees.

C. Ownership of Professional Work

  • Unless explicitly stated otherwise in a separate, written Service Agreement/SOW, the Company retains all intellectual property rights to the methods, concepts, creative ideas, and all other materials developed or created by the Company in the course of performing the Services (the “Work").

  • Upon final payment for the Services, you are granted a non-exclusive, non-transferable license to use the final Work solely for the specific project and purpose outlined in the Service Agreement/SOW. You may not sell, redistribute, or use the Work for any other project or purpose without the Company's express written consent.

D. Cancellation of Services

  • Cancellation terms for Services are governed by the specific Service Agreement/SOW. In the absence of specific terms, any deposit or fees paid for Services are non-refundable once work has commenced.

4. Shipping, Delivery, and Risk of Loss (for Products)

  • Shipping Estimates: Any delivery dates provided for Products are estimates. We are not liable for any delays in shipments.

  • Risk of Loss: The risk of loss and title for all purchased Products pass to you upon our delivery of the Products to the carrier.

  • Damage in Transit: If a Product is damaged during shipping, you must contact us immediately. Our policy for damage is governed by our separate Return & Refund Policy.

5. Warranties, Returns, and Refunds

A. Disclaimer of All Warranties

FIRST CHAIR DESIGN COMPANY, LLC SELLS ITS PRODUCTS AND PROVIDES ITS SERVICES ON AN “AS IS" AND “AS AVAILABLE" BASIS.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

The Company makes no warranty that the Products will meet your requirements, be free from defects (other than those covered by the Damaged or Defective Products Exception in our separate Return & Refund Policy), or that the Services will meet your expectations or be suitable for any specific application. By purchasing a Product or Service, you acknowledge and agree to the terms of the Return & Refund Policy.

B. Exclusion of Express Warranties

No advice or information, whether oral or written, obtained by you from the Company or through the website shall create any warranty not expressly stated in these Terms.

C. Limit on Damages

Because we are selling custom or handmade goods, you acknowledge that no representation or warranty has been made by the Company as to the fitness of the Products for any particular use or purpose.

6. Intellectual Property

  • All content on this website, including but not limited to text, graphics, logos, images, Product designs, and software, is the property of First Chair Design Company, LLC and is protected by intellectual property laws.

7. Limitation of Liability and Indemnification

  • Limitation of Liability: To the fullest extent permitted by law, First Chair Design Company, LLC shall not be liable for any indirect, incidental, punitive, special, or consequential damages, including loss of profits, revenue, data, or use, incurred by you or any third party, arising from your use of the website, the purchase/use of any Product, or the engagement for any Service. Our total liability to you for any damages shall not exceed the amount paid by you for the Product or Service giving rise to the claim.

  • Indemnification: You agree to indemnify, defend, and hold harmless First Chair Design Company, LLC from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your breach of these Terms, or your violation of any law or the rights of a third party.

8. Governing Law and Dispute Resolution

These Terms shall be governed by and construed in accordance with the laws of the State of Colorado, without regard to its conflict of law provisions.

Any legal action or proceeding arising under these Terms will be brought exclusively in the federal or state courts located in Jefferson County, State of Colorado, USA.

9. Contact Information

If you have any questions about these Terms, please contact us.