Terms And Conditions
Ship out Orders
The Original Frameless Shower Doors Inc. known as (FSD) requires from each purchaser several documents to be signed and approved whether in print or digitally prior to the fabrication of any custom frameless shower door or enclosure. By signing and approving these documents the purchaser is accepting all Terms and Conditions set forth. (FSD) will not fabricate any door/enclosure until paid in full and all documents have been signed and submitted by the purchaser and approved by (FSD). If there are missing signatures or incorrect information provided by the purchaser, (FSD) will not be able to fabricate the enclosure(s) in a timely manner until the purchaser provides the updated information. After measuring the purchaser will provide (FSD) TIGHT SIZES of the shower or tub opening. Once the tight size measurements are received, (FSD) will make any necessary deductions to the glass sizes to ensure a proper fit. (FSD) at its discretion can change the type and or placement of any hardware at any time for safety and or aesthetics.
Freight charges can change on a daily basis. If the purchaser orders a shower door/enclosure and delay’s the fabrication and or delivery for longer than 7 days, the purchaser will be responsible to pay any additional freight charges that may apply.
All ship out orders where final measurements have not yet been submitted by the purchaser within 30 days of purchase will be subject to a 5% administrative fee.
(FSD) ships to all 50 states, US territories, and the Caribbean Islands. (Canadian shipments require customs broker.) (FSD) will not ship to a P.O. Box. All of our shower door/enclosures are packaged in custom wood crates, designed and built for your unique glass panels and lined with high-density foam and all of the corners of the glass are covered with thick rubber for extra protection to ensure your enclosure reaches its destination in the same condition as it left our manufacturing plant.
(FSD) reserves the right to use any carrier it chooses unless otherwise specified by the purchaser in writing.
All deliveries are made between the hours of 8:00 am and 5:00 pm Monday through Friday. The carrier not (FSD) will contact the purchaser prior to delivery to confirm the approximate time of delivery. Depending on the carrier, the purchaser will be given a four-hour window for delivery. Delivery does not mean or include removal of glass or hardware from the wood crate, assembly or set up.
All ship out orders will be delivered CURBSIDE, meaning that the driver will not bring the package onto your driveway or to your front door unless otherwise requested by the purchaser. If the purchaser requests delivery to their front door (White Glove Service) the purchaser will agree to pay the additional shipping charges that apply. Not all areas are eligible for White Glove Service. The purchaser is required to ask an (FSD) representative if this service is available in their area.
Most shipments are delivered by an 18 wheeler truck. The purchaser is responsible to let an (FSD) representative know if their home or business will not be easily accessible. If the purchaser lives or does business in an area where the carrier cannot access the property due to unforeseen obstacles, or if the carrier cannot contact the recipient of the package to schedule delivery and if the purchaser changes the delivery location while the package is already in transit (reconsignment), the purchaser will be responsible for any storage or redelivery fees charged by the carrier. If necessary the purchaser can make arrangements with the carrier to meet the delivery driver at another location that is accessible and safe to unload and receive the package(s).
Upon receipt of package(s) the purchaser must check to see if there is significant visible damage to the package(s). If so please note on the receipt presented by the carrier “refused due to visible damage” and return. The purchaser must also notify (FSD) of such damage via phone 855-273-1329 ext130 & email [email protected] immediately (within 24 hours) of delivery including photos of the damaged package(s). Once the package is returned to (FSD) we will assess the damage and remake any glass that is damaged or broken.
Once the purchaser receives his/her custom made frameless door/enclosure, purchaser must immediately open the package(s) (How to open the wooden crate? >>) and inspect all glass for scratches, chips and blemishes as well as hardware for damage and proper finish. Purchaser must notify (FSD) and email photos of any damages (within 24 hours) to [email protected] after opening the package(s). (FSD) will not authorize any credits, refunds or remakes of any glass or hardware if the purchaser has already started the installation process.
Once the purchaser accepts shipment and removes glass from box, they are responsible for any damage or breakage. (FSD) recommends wearing safety glasses and gloves for protection while opening and emptying package as well as installing enclosure.
Cancellations or Refunds
Every piece of glass made by (FSD) is unique and one of a kind. All of our shower doors and enclosures are CUSTOM MADE for the purchaser only and cannot be used in any other opening. If the purchaser wants to cancel their custom order, they must call and send an email to their assigned sales representative (within 24 hours) of purchase. All refunds will be issued by check only. Once the glass is cut there are NO CANCELLATIONS or REFUNDS and the purchaser is obligated to receive their custom made shower door/enclosure.
(FSD’s) goal is to custom make your shower door/enclosure within 48 hours from the time of purchase. (FSD) is not liable for any delays due to 3rd party carriers, lost shipments, acts of GOD, weather, machinery down time, loss of internet connection, out of stock glass or hardware, or any other unforeseen event out of the control of (FSD). (FSD) will do it’s best to notify the purchaser informing them of any delays and will give the purchaser an exact or approximate delivery time. If the purchaser delays installation or delivery of any shower door / enclosure that has already been fabricated for a period longer than 10 days, the purchaser will be responsible to pay a storage fee of $25.00 per day to (FSD) until goods are installed or delivered.
Glass is a man made product. Every piece of glass contains various types of flaws or blemishes, which could be visible to the naked eye. Even the best glass available in the market may contain minor defects. The federal government mandates that no defects should be visible in the glass when it is viewed vertically or horizontally from a distance of 11 feet away under normal lighting conditions. All of our glass meets or exceeds these standards set forth by the federal government. The remaking of any glass due to normal blemishes will be based solely at the discretion of (FSD) and based on using industry standard tolerance levels. Warping of glass is common and may occur during the tempering process. This will remain within accepted tempering association’s guidelines. Specifications are only available upon request from purchaser.
The glass manufacturing industry and (FSD) have an accepted cutting tolerance level so all glass sizes can vary plus (+) or minus (-) up to 1/8?. If your glass is within these tolerance levels (FSD) will not be responsible for any remakes of new glass whatsoever. Vertical gaps on doors may vary from 1/16? to 3/8? depending on the configuration. All pivot or wall mounted doors will typically have a 3/8” to ½” gap on top and bottom. Vinyl seals are available free of charge only at time of purchase or installation. After time the vinyl seals may discolor or deteriorate. These seals are considered a Wear and Tear Item and will not be replaced by (FSD) unless paid for by purchaser. If the purchaser wants (FSD) to deliver and install such seal (s), the purchaser will also be responsible to pay a minimum service fee of $125.00.
All glass has a greenish hue or tint due to the iron content in the glass. This greenish hue can vary due to the size and thickness of the glass. Low iron glass has a lesser greenish hue and can also vary due to the size and thickness of the glass. Shower enclosure glass is required to be tempered. All of our tempered glass is inspected and certified by the (SGCC) Safety Glazing Certification Counsel to insure the best quality tempered glass in the industry. Temper logos may appear in any corner of the glass. If the purchaser does not want tempering logos they must notify (FSD) in writing prior to the fabrication of the glass.
Installations and Repairs
The Original Frameless Shower Doors objective is to design and install your unit with a “tight as possible” installation. Due to circumstances out of our control, glass cannot conform to bellies, bows and uneven tile or poor workmanship performed by tile contractors. (FSD) will not be responsible for any structural integrity of the wall or any other mounting surface. (FSD) will not assume any responsibility for cracked surface material due to installation or removal of existing enclosures. All units require hole drilling in tile, marble, granite and in some cases notching of bull nose or decorative border tiles. Also on occasion we need to drill into cast iron or fiberglass tubs to safely secure the unit. With glass tiles (FSD) may recommend drilling through grout lines only to secure enclosure. Glass tiles as well as porcelain and ceramic will on occasion crack while drilling. The Original Frameless Shower Doors will not be held responsible to repair or replace any tiles that break due to normal drilling. Any tile or surface damage that may result in the removal of an existing unit or upon an installation of a new unit is to be corrected by the purchaser at his/her expense. Shower bases/tubs with an incorrect pitch can cause water damage. Incorrect pitched sills may drain water onto the outside floor. A threshold or (Dam) will be installed by (FSD) under any door where the curb is pitched wrong or off level towards the outside of the enclosure. If purchaser refuses this threshold upon the initial installation, (FSD) will charge a service fee at a minimum of $125.00 to go back and install one after the initial installation has occurred. Opening door outward can cause water to drain down on bathroom floor. Correctly built stalls following quality construction will eliminate most of the above problems. Although the doors and enclosures are manufactured to fit given sizes, there may be steam or water leakage, especially in a direct spray situation. The purchaser is to take into consideration the positioning and aim of the showerhead(s), water pressure, body sprays and any detachable shower sprayers. Please keep in mind a frameless shower is made to deflect water, not retain it. All glass will be centered on curb or tub, unless otherwise specified in writing by (FSD) or purchaser. Glass hinged doors swing in and out unless layout of opening dictates otherwise.
(FSD) will assume no liability due to unforeseen conditions such as drilling into pipes that are hidden behind walls where drilling is necessary. (FSD) requests that the contractor or homeowner notifies (FSD) prior to drilling if a pipe is in the area where a hole is needed. (FSD) will redesign and work around a pipe if notified prior to design and installation.
Any special costs for fabrication and transporting glass where we do not have accessibility to, stairs or an elevator will be at purchaser’s expense. (Example: Lift).
All drawings done by (FSD) are not to scale and may not be 100% accurate.
All of our shower doors and enclosures are custom made in our factory specifically for your opening(s) specifications and yours only. Once you sign off on the design and sizes, no alterations can be made since the sizes get sent directly to our factory to be custom made, providing you our commitment of the quickest turnaround time in the industry.
Mitered glass doors mounted or close up to an angled walls can sometimes only be opened one way depending on the layout of the opening. All handles, hooks and towel bars will be installed at our standard height unless otherwise instructed by purchaser and put in writing on proposal or invoice. Towel bars and hooks are optional and will be at purchaser’s request and must appear on the signed proposal or invoice. Doors located in center area in most cases are recommended to be installed with a header. Units without a header may appear flimsy and can create movement or (FLEX) while opening and closing door. Notching of decorative protruding tiles or structures may be done by our installers and (FSD) will not be held responsible for any leaking, damage, breakage or flaws due to the process. (FSD) will not be responsible for any structural changes after final measurements have been taken. All additional manufacturing and material costs due to alterations will be charged to the purchaser. All defects in the glass and hardware such as scratches, chips, etc., must be acknowledged within 24 hours of installation and purchaser must email all photos of said defects to (FSD). Small hair like scratches are common, as well as “dot like” spots embedded within the glass. You, the purchaser acknowledge that these flaws may be visible at any time, especially when there is a window inside the shower or room.
If the purchaser wants to reschedule a prescheduled installation or repair, they must contact (FSD) via phone or email 24 hours prior to their scheduled appointment or a $75.00 rescheduling fee will apply.
If (FSD) arrives to a pre-scheduled appointment and the purchaser or representative fails to appear at the scheduled time, the purchaser will be charged $125.00 for restocking and or rescheduling.
If (FSD) must remove an existing enclosure, (FSD) will not be held liable for any damage to walls, tiles, furniture or any other items in the bathroom while removing the enclosure. (FSD) will attempt to cover existing holes that were hidden behind the old existing framed enclosure. Due to conditions & configurations, as well as thickness differences from the larger framed metal enclosures to the thinner frameless glass enclosures, (FSD) will not be responsible or be expected to cover or fill these holes that were originally drilled to support the old unit. After removing existing framed enclosures you may see discoloration or stains on tile, cultured marble, marble, granite, etc. which are common. (FSD) will not be responsible to remove any such stains after removal. (FSD) will dispose of the old enclosure at purchasers request at the time of removal.
Warranties and Maintenance
All warranty claims are subject to inspection by (FSD).
(FSD) provides a lifetime limited warranty on its hardware and StayCLEAN™ glass.
If any hardware fails or discolors within one year of the initial installation or receipt of goods, it will be replaced at no charge to the purchaser. If any hardware fails or discolors after a period of one year of the initial installation, there will be no charge for the hardware however the purchaser will pay a small service charge at a minimum of $125.00 depending on the length of time to repair and the location of the jobsite. Ship out customers will only pay the shipping cost.
Hard coat finishes on hardware may vary from selections due to materials used. Hardware is made of brass and headers are made of steel and aluminum. Finishes may vary from time to time or have a different shade due to the use of different materials used per application. This is to be expected and not covered under warranty.
Never use an abrasive cleaner such as (Comet or similar) on our hardware. Many of the components are coated with clear lacquer that will be damaged if subjected to harsh, abrasive chemicals. Drying the hardware with a clean soft towel on a daily basis is the best way to maintain it. If mineral deposits form on the hardware, mix a couple of drops of liquid soap (such as Ivory or similar) into a cup of warm water. Clean the hardware using a soft non abrasive cloth, rinse thoroughly with clean warm water and dry.
Due to the inherent nature of brass, (FSD) does not warranty any polished brass finishes.
Hinges are greased at the factory for a quiet trouble free operation. If squeaking occurs after installation, we suggest using a small amount of 3 and 1 oil. Do not use any lubricating sprays such as (WD-40).
If any hardware or glass becomes loose or needs adjustment within one year of the installation by (FSD) we will repair it at no charge to the purchaser. After one year the purchaser will agree to pay a minimum service charge of $125.00 depending on the length of time to repair and the location of the jobsite.
(FSD) warranties leaks on its installations around fixed glass panels only for a period of 1 year. If a leak occurs after a period of 1 year, the purchaser will be subject to a minimum service fee of $125.00.
(FSD) is not responsible for any mold growing on silicone caulk or tile. Mold can occur from unclean areas or stagnant water.
Limited Lifetime Warranty for StayCLEAN™ Glass
StayCLEAN™ glass shower doors are guaranteed to remain more water repellent than regular glass for the lifetime of the glass as long as basic manufacturer maintenance recommendations are followed and no harsh or abrasive cleaners are used. The patented nano-technology chemically bonds to the glass and creates a patented, protective film that when properly applied by an authorized applicator, is guaranteed not to haze, chip, crack, peel, or discolor for the lifetime of the glass. No revitalizer is required; however our maintenance products will assure a clear and easy-to-clean surface for many years to come and are one way to satisfy the basic manufacturer maintenance requirements specified in this warranty. Ask us about the Consumer Maintenance Kit, a complete system for following basic manufacturer recommended maintenance. In the event of a covered product failure, (FSD’s) liability is limited to the cost of replacing chemical materials for retreatment, and will in no way extend to indirect, incidental or consequential damages incurred in relationship to this product.
THE FOREGOING WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES OF ANY KIND INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. COMPANY SHALL NOT BE LIABLE FOR INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES RESULTING FROM THE USE OF THIS PRODUCT. NOTE, SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS MIGHT NOT APPLY TO YOU AS THE ORIGINAL PURCHASER. THIS LIMITED WARRANTY GIVES THE ORIGINAL PURCHASER SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE. (FSD) SHALL BE THE SOLE JUDGE AS TO WHETHER BASIC MANUFACTURER MAINTENANCE RECOMMENDATIONS HAVE BEEN FOLLOWED, AND IF IN COMPANY’S JUDGMENT THE PRODUCT FAILURE HAS ARISEN FROM IMPROPER MAINTENANCE OR FAILURE TO FOLLOW COMPANY’S RECOMMENDATIONS, THEN COMPANY SHALL BE RELEASED FROM ANY OBLIGATION OR LIABILITY UNDER THIS LIMITED WARRANTY.
Unless purchaser has a prearranged account in writing with (FSD), all custom ship out orders must be paid in full prior to being fabricated.
All remaining balances must be satisfied in full at time of completion of the installation by (FSD). If balance is not satisfied at time of completion, (FSD) reserves the right to remove the enclosure(s) until balance is paid in full. If (FSD) reinstalls the enclosure(s) the purchaser will pay a minimum reinstallation fee of $185.00 per enclosure prior to the reinstallation.
If (FSD) is under contract to install multiple enclosures in the same property but can only install a percentage of the enclosures due to unforeseen events or circumstances, the purchaser will submit payment for the enclosure(s) installed upon completion.
If the purchaser issues a check to (FSD) for deposit or final balance and it is returned non-sufficient funds or stopped payment, the purchaser will immediately pay the returned check fee to (FSD) along with the final balance by credit card, cash or cashier’s check only.
Please note that (FSD) is required to charge sales tax on all orders that are shipped to, delivered to, or picked up in, the state of Florida. Any shipments or deliveries made outside of Broward County, Florida may be subject to additional sales surtax rates imposed in the county where the products are delivered.
Limitation of Liability
Our liability to buyer, whether in contract, in tort, under any warranty, in negligence or otherwise, shall not exceed in any case the return of the amount of the purchase price paid by buyer and under no circumstances shall we be liable for special, indirect or consequential damages. The price stated for the goods is consideration for limiting seller’s liability. No action, regardless of form, arising out of the transaction between seller and buyer may be brought by buyer after the date of goods received. Without limitation of the foregoing, in no event will we be responsible or liable for (a) penalties or penalty clauses of any description, or (b) indemnification of buyer or others for costs, damages or expenses arising out of or related to the goods.
Any and all causes of action relating to the relationship between (FSD) and the customers shall be brought in a court of competent jurisdiction in Broward County, Florida.
All orders, since each unit is custom made, are final, subject only to the exceptions stated herein.
(FSD) is not liable, nor will it refund any funds, for the condition or suitability for the unit to be placed in the customer’s home or building.
(FSD) will not assume financial responsibility for construction delays for any reason.
(FSD) is not responsible for losses or damages to others caused by risks that are beyond the reasonable control of (FSD), and not as a result of (FSD’s) negligence.
Should (FSD) be required to retain the services of an attorney relating to any transaction with a customer, (FSD) shall be entitled to reasonable attorney(s) fees, court costs, and other expenses incurred by (FSD), whether or not suit is filed.
The terms of this agreement shall be interpreted and construed pursuant to Florida Law.
If you have a claim against (FSD), you must provide written notice to (FSD) and allow (FSD) to have ninety (90) days to cure any alleged monetary or non-monetary breaches prior to having the ability to file a lawsuit.
If you live in (or your principal place of business is in) the United States, Please read the following Class Action Waiver, it affects, in part, how disputes are resolved.
Class Action Waiver and Waiver of Jury Trial
We hope we never have a dispute, but if we do, you and we agree to try for ninety (90) days to resolve it informally. If we can’t, you and we agree that any claim brought in connection with our relationship, shall be brought in a Court of competent jurisdiction, exclusively in Broward County, Florida. Moreover, you agree not to sue us in front of a jury. More specifically, both you and we agree that WE HEREBY KNOWINGLY, VOLUNTARILY, IRREVOCABLY AND INTENTIONALLY WAIVE ANY RIGHT TO A TRIAL BY JURY IN CONNECTION WITH ANY LITIGATION BASED ON OR ARISING OUT OF OUR RELATIONSHIP. THIS PROVISION IS A MATERIAL INDUCEMENT FOR THE PARTIES ENTERING INTO THIS AGREEMENT.
Furthermore, you hereby agree that you are not permitted to bring or be a part of a Class Action lawsuit, a class-wide arbitration, private attorney-general actions, and any other proceeding where someone acts in a representative capacity. You also agree that you will not combine any individual proceedings or causes of action without the consent of all parties.
The term “dispute” is as broad as it can be. It includes any claim or controversy between you and us concerning the services or product you have either purchased or used, under any legal theory including contract, warranty, tort, statute, or regulation.
The terms “us,” “our,” “we,” or Frameless or Original Frameless shall also be as broad as it can be. It includes The Original Frameless Shower Doors, Inc., and any of its affiliates or related entities or individuals.