Skip to Content

STANDARD TERMS AND CONDITIONS OF SALE

These Standard Terms and Conditions of Sale ("Terms") apply to all quotations, estimates, sales, installations, services, and transactions provided by Godby Hearth & Home ("Company," "we," "us," or "our") through any channel, including but not limited to in‑store, written estimates, invoices, purchase orders, and electronic transactions processed through Odoo.

By accepting a quote, approving an estimate, placing an order, or remitting payment, the customer ("Client") agrees to be bound by these Terms. Any Client terms and conditions are expressly rejected unless agreed to in writing by an authorized representative of Godby Hearth & Home.

1. Scope of Work

These Terms apply to all products and services, including but not limited to fireplaces, inserts, stoves, grills, patio products, shower doors, water features, accessories, parts, delivery, installation, labor, service calls, and repairs.

All quoted prices are based on information available at the time of estimation. Changes in scope, site conditions, product availability, or customer requests may require written change orders and additional charges.

2. Quotes, Estimates & Pricing

All quotes and estimates are non‑binding until accepted by the Client and approved by the Company. Pricing is subject to change due to manufacturer price increases, freight adjustments, tariffs, or supply‑chain conditions beyond our control.

Unless otherwise stated, estimates are valid for 30 days from the date issued.

3. Deposits & Payment Terms

Deposits

A 50% deposit is typically required prior to ordering products or scheduling work, unless otherwise stated in writing.

Once products are ordered, deposits become non‑refundable, particularly for custom, special‑order, or made‑to‑order items.

Payment Terms

Payment terms vary by customer and job type:

  • Builders / approved accounts: Net 30
  • Retail customers: Due upon receipt unless otherwise stated

Accepted payment methods include credit card, ACH, and check.

4. Late Payment & Non‑Payment

If payment is not received by the due date, the Company reserves the right to:

  • Suspend work, delivery, or services without notice
  • Delay scheduling or product release

The Company may assess interest up to 10% on overdue balances where permitted by law.

If an account remains unpaid more than sixty (60) days past due, the Company may engage a collection agency or pursue legal remedies. All costs of collection, including reasonable attorney’s fees and court costs, shall be the responsibility of the Client.

5. Cancellations, Returns & Refunds

Cancellations

Orders may be canceled only if products have not yet been ordered. Once product orders are placed, cancellations are not permitted.

Non‑Returnable Items

The following items are non‑returnable and non‑refundable:

  • Custom or made‑to‑order products
  • Special‑order fireplaces or components
  • Clearance or discounted items
  • Installed products

Returns

If a return is approved in writing, all freight, handling, and restocking costs shall be paid by the Client.

6. Installation, Site Conditions & Customer Responsibilities

The Client is responsible for ensuring:

  • Safe, clear, and timely access to the job site
  • Site readiness, including framing, utilities, structural integrity, and code compliance
  • Removal or protection of furniture, décor, and personal property

The Company is not responsible for delays, damages, or additional costs caused by:

  • Hidden or pre‑existing conditions
  • Inaccurate site information provided by the Client
  • Code requirements discovered after contract execution

7. Scheduling, Delays & Force Majeure

All delivery and installation dates are estimates only and not guaranteed.

The Company shall not be liable for delays caused by events beyond its reasonable control, including but not limited to:

  • Manufacturer backorders or supply‑chain disruptions
  • Freight delays
  • Weather conditions
  • Acts of God
  • Labor shortages
  • Governmental actions or inspections

8. Warranties

Manufacturer Warranties

All product warranties are provided solely by the manufacturer and are passed through to the Client where applicable. The Company makes no independent product warranty.

Labor Warranty

Labor warranty, if any, is limited and subject to separate written terms. Absent a specific written agreement, labor is warranted only to be performed in a commercially reasonable manner.

Disclaimer

The Company disclaims all implied warranties, including warranties of merchantability and fitness for a particular purpose, to the fullest extent permitted by law.

9. Limitation of Liability & Indemnification

The Company’s total liability for any claim arising out of or relating to a transaction shall be limited to the amount paid by the Client for the specific work or product giving rise to the claim.

In no event shall the Company be liable for consequential, incidental, indirect, or special damages, including loss of use, loss of profits, or business interruption.

The Client agrees to indemnify and hold harmless the Company from any claims, damages, or expenses arising from site conditions, third‑party actions, or Client‑provided information.

10. Title & Risk of Loss

Ownership of products transfers to the Client upon completion of installation or delivery, whichever occurs first. Risk of loss passes to the Client upon delivery to the site, regardless of installation status.

11. Claims & Notice

Any claim must be submitted in writing within eight (8) days of delivery or service completion. Failure to do so constitutes acceptance of the work and products as delivered.

12. Dispute Resolution

In the event of a dispute, the parties agree to first attempt good‑faith resolution prior to initiating formal legal proceedings.

If resolution cannot be achieved, disputes shall be resolved in a court of competent jurisdiction located in the State of Indiana.

13. Governing Law

These Terms shall be governed exclusively by the laws of the State of Indiana, without regard to conflict‑of‑law principles.

14. Acceptance & Modifications

The most current version of these Terms, as published or linked through Company documentation or Odoo, shall govern all transactions. Continued engagement with the Company constitutes acceptance of any updated Terms.

No waiver or modification of these Terms shall be valid unless made in writing and signed by an authorized representative of Godby Hearth & Home.