Terms and Conditions
Terms and Conditions of Use
Last Updated April 20, 2023
By entering into a transaction with The Original Frameless Shower Doors Inc., (hereinafter “us, “our,” or “Frameless,”), or any of its affiliates, you are agreeing to the following terms and conditions.
National Ship Out Orders
The Original Frameless Shower Doors requires from each purchaser a number of documents to be signed and approved prior to fabrication of purchases on all custom frameless glass enclosures. Purchaser provides The Original Frameless Shower Doors with ‘tight sizes’ of the enclosure opening, which requires a custom glass door and/or enclosure. The Original Frameless Shower Doors at its discretion, at any time, can change the type and/or placement of any hardware as they feel fit. A proposal form is sent to purchaser indicating the price, approximate size as well as the finish of hardware and any seals/silicone needed to supply purchaser with. A customer signature is required to move forward on the transaction which clearly states: “By signing, the customer is accepting the following proposal along with the terms and conditions”. Once purchaser signs the provided proposal and supplies sizes on our design layout form and signs all documents provided by Frameless, the fabrication begins immediately.
All glass for a frameless shower door or enclosure is custom made to order. No two pieces are alike. By signing the design form and/or proposal, you the client are obligated to fulfill your obligation. Any revisions to the order such as measurements or specifications must be requested in writing prior to fabrication or additional costs will apply to the customer. There are no refunds or cancellations on your custom made order.
Once the purchaser receives his/her custom made frameless door or enclosure, purchaser must inspect all glass for scratches, chips, and blemishes as well as sizes and any and all hardware for damage. Purchaser shall notify The Original Frameless Shower Doors immediately, within twenty-four (24) hours, after inspection if any damage has occurred during the shipping process. Absolutely no credits, refunds or remakes of any glass or replacement of hardware is granted by The Original Frameless Shower Doors after purchaser starts the installation process and/or does not contact The Original Frameless Shower Doors immediately, within twenty-four (24) hours, after opening the box for the initial inspection. There are no exceptions to this clause.
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 standard limits set forth. Small hair like scratches are common as well as “dot like” spots embedded within the glass. You, the customer, acknowledge that these flaws may be visible, especially when there is a window or light inside the shower or room. You will be asked to sign a proof of delivery receipt. We highly suggest at this time you inspect the box for any visible damage and make note as well as take pictures with the driver still there.
Please make note of any damage to the boxed item upon delivery. This is very important.
If refusing delivery due to visible damage, please note “refused due to visible damage” on the receipt presented. The Original Frameless Shower Doors will replace any or all hardware as well as glass damaged at no cost to purchaser, only upon the customer providing proof of damage in the box in which the item was sent/packaged in (photo’s required). All photos of damaged property must be emailed directly to your online account manager immediately, within twenty-four (24) hours, upon these findings to be eligible for a refund.
If any invoice has to be collected through suit or demand, the purchaser agrees to pay all attorney and collection fees. Any claim made in connection with The Original Frameless Shower Doors’ invoice or products shall be exclusively brought in Broward County, Florida. You, the customer, understand and agree to this written order and printed terms and agreement conditions.
The Original Frameless Shower Doors ships to 48 states in the United States as well as throughout the Caribbean Islands or to the port of your choice. We currently use R&L Carriers for most of our ship outs throughout the U.S., Caribbean Islands as well as the shipping ports in Miami. We also can arrange your shipment for export, leaving all the stress and arrangements for us to handle. We do not ship to P.O. Boxes. All national ship outs will be custom boxed by us, packaged and strapped in thick cardboard with all the interior glass edges protected by specially manufactured Styrofoam for added protection. Overseas ship outs require a custom wood crated container made by us in our facility to insure your frameless enclosure reaches its final destination in the same condition as when it left our manufacturing plant. Our delivery service simply means curbside delivery. Your custom frameless shower enclosure is custom boxed in our facility and delivered to your driveway. The box or items will not be carried inside your home or office.
- The delivery service should notify you to schedule your approximate delivery time appointment.
- All deliveries nationwide are made between the hours of 8:00 a.m. to 5:00 p.m. Monday through Friday and can have up to a 4 hour window.
- Delivery does not mean or include assembly or set up of purchased items or removal of the packaging materials or glass.
- Your frameless shower enclosure can be delivered by a lift gate truck by the driver and given to you to sign for.
- You will be asked to sign a proof of delivery receipt. We highly suggest at this time you inspect the box for any visible damage and make note as well as take pictures with the driver still there.
- Please make note of any damage to the boxed item upon delivery. This is very important.
- The Original Frameless Shower Doors is not liable for carrier delays or loss shipments.
- If refusing delivery due to visible damage, please note “refused due to visible damage” on the receipt presented.
- If you live in an area where you know the truck cannot access, please arrange to meet the truck where it is safe and convenient for all to unload minimizing the risk of damage to your custom glass enclosure.
- All orders placed are guaranteed to arrive in good condition. Before you sign for your frameless shower enclosure or door/package, if any damage is visible or noticeable, simply refuse the delivery and call our office immediately, within twenty-four (24) hours (take photos). We will expedite a remake based on the damages and send it right out to you.
- Your sizes after deductions may vary give or take up to 1/8″ of an inch.
Please keep in mind due to the nature of our terms and conditions, and the fact that every piece of glass we make is custom made to suite your personnel needs. Once you sign off on the design layout, sizes and terms and conditions, your order is immediately processed and put into production. Absolutely no order can be cancelled or modified once it is signed and approved by you.
Every piece of glass contains various types of flaws or blemishes, which could be visible to the naked eye. 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 standard limits set by the federal government. Remaking of glass due to blemishes will be based on the discretion of The Original Frameless Shower Doors using industry standard tolerance levels.
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 installers. We will not be responsible for any structural integrity of the wall or any other mounting surface. We 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, bases and on occasion tubs to safely secure the unit. 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. Shower bases/tubs with an incorrect pitch can cause water damage. Incorrect pitched sills may drain water onto outside floor. 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 customer is to take into consideration the positioning and aim of the showerhead, body sprays and any detachable shower sprayers. Please keep in mind a frameless shower is made to deflect water, not retain it. All of our shower doors and enclosures are custom made in our factory to your openings and specifications; and yours only. Once you sign off on the design and sizes, no alterations can be made since the sizes are sent directly to our factory to be custom made, providing you our commitment for the quickest turnaround time in the industry.
Glass Guidelines: Doors swing in both directions. Mitered doors to mitered glass can only be opened one way. The handle will be installed vertically at standard height determined by (FSD) unless changed in writing by customer. Towel bars are optional and will be at customers request and must appear on signed proposal. Doors located in center area recommended to be installed with a header. Units without a header may appear flimsy. Notching or cutting of decorative tile or structures may be done by our installers, but (FSD) will not be held responsible for any damage, leaking or flaws due to the process. Frameless Shower Doors and Enclosures will not be responsible for any structural changes after final measurements have been taken. All manufacturing costs due to alterations will be charged to the customer. Temper logos may appear in any corner of the glass unless agreed and specified in writing by the customer with our representative during time of contract. Any additional costs will be charged to the customer. All defects in the glass such as scratches, chips, etc., must be acknowledged within 24 hours of installation. Glass is a man-made product. It is shipped across the U.S. then fabricated for each specific need. Shower enclosures require that the glass be tempered. Small hair like scratches are common, as well as “dot like” spots embedded within the glass. You, the customer acknowledge that these flaws may be visible, especially when there is a window inside the shower or room.
- The greenish hue tint to the glass may vary due to the size and thickness of the glass. The larger the piece of glass the greater the greenish hue may appear.
- Gaps around door perimeters may vary from a 1/16″ to a ¼”. Vinyl seals are available free of charge during the time of installation. After time the vinyl may discolor or deteriorate. The Original Frameless Shower Doors will not be responsible for replacing. Replacement will be at customers expense and only installed free of charge at time of installation. If seal is required at a later date, a service fee will apply.
- Enclosures will be centered on curbs or sills unless discussed otherwise with customer or due to structural circumstances. Any variance must be in writing.
- Warpage of glass may occur during tempering process. This will remain within the acceptable tempering association’s guidelines. Specifications are available upon request only.
- Frameless Shower Doors will attempt to cover existing holes that were hidden behind your old, existing framed enclosure. Due to conditions & configurations, as well as thickness differences from the larger framed metal enclosure to the thinner frameless glass, Frameless Shower Doors will not be responsible or expected to cover or fill these holes that were drilled to support the old unit.
- Frameless Shower Doors will assume no liability due to unforeseen conditions such as drilling into pipes that are hidden behind the wall where drilling is necessary. We suggest that the contractor or homeowner notify us in writing prior to drilling if there may be a pipe in the area where a hole is needed. Frameless will redesign and work around a pipe if notified in writing prior to design and installation.
- Any special costs for manufacturing and transporting glass where we do not have accessibility to, stairs or an elevator will be at owner’s expense. (Example: Lift)
- Removals: 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 customer at his/her expense.
- The glass manufacturing industry accepted cutting tolerance as well as ours is plus (+) or minus (-) 1/8″ of an inch.
These terms and conditions are subject to change at any time. Any alterations in this contract not countersigned by The Original Frameless Shower Doors are non-binding. Drawings on contract are not to scale and not accurate to details.
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 Frameless 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.
- Frameless 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.
- Frameless will not assume financial responsibility for construction delays for any reason.
- Frameless is not responsible for losses or damages to others caused by risks that are beyond the reasonable control of Frameless, and not as a result of Frameless’ negligence.
- Should Frameless be required to retain the services of an attorney relating to any transaction with a customer, Frameless shall be entitled to reasonable attorney(s) fees, court costs, and other expenses incurred by Frameless, 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 Frameless, you must provide written notice to Frameless and allow Frameless 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.
Please note that Frameless 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.