Terms of service

Terms and Conditions

These Terms and Conditions (“Terms”) govern all quotations, proposals, sales, deliveries, installations, remodeling services, assembly services, and related work provided by BEAMSHYFT LLC (“Beamshyft,” “Company,” “we,” “us,” or “our”) to any customer (“Customer” or “you”). By requesting a quote, approving a proposal, placing an order, making payment, accepting delivery, authorizing installation or services, or otherwise engaging Beamshyft, you agree to be bound by these Terms.

If there is any conflict between these Terms and a written quote, proposal, invoice, order confirmation, or approved change order issued by Beamshyft, these Terms control unless Beamshyft expressly states otherwise in writing.

1. Scope of Products and Services

Beamshyft provides construction materials including but not limited to tiles, cabinets, hardware, related materials, delivery, assembly, installation, kitchen remodeling, and other related products or services as described in the applicable quote, proposal, invoice, order confirmation, or change order (collectively, the “Order Documents”).

Beamshyft will perform approved services in a proper, thorough, and workmanlike manner using personnel with the skill and experience reasonably required for the work.

2. Acceptance of Orders

No order is binding on Beamshyft until Beamshyft issues a written acceptance, quote, proposal, invoice, order confirmation, scheduling confirmation, or otherwise begins performance.

Beamshyft may decline or cancel any request before acceptance.

Descriptions, measurements, renderings, finish samples, estimated timelines, and similar materials are for reference only unless expressly stated as guaranteed in writing.

3. Quotes, Proposals, and Pricing

Quotes and proposals are based on the information available at the time they are issued. Pricing may be adjusted if:

  • site conditions differ from what was represented, 

  • measurements or specifications change, 

  • material costs, freight costs, taxes, tariffs, or permit-related costs increase, 

  • the Customer requests upgraded products, revised layouts, additional labor, or extra services, or 

  • access, scheduling, or project conditions create additional time or cost. 

Unless otherwise stated in writing, quotes may be withdrawn or revised prior to acceptance.

4. Change Orders

Any change to the products, scope of work, materials, specifications, quantities, delivery requirements, installation details, or schedule must be approved by Beamshyft in writing.

Additional or revised work may result in changes to price, lead time, and completion date. Beamshyft is not required to perform changes unless they are confirmed in writing.

5. Customer Responsibilities

The Customer shall:

  • provide accurate measurements, site information, and project requirements unless Beamshyft is separately engaged to field-measure; 

  • respond promptly to reasonable requests for decisions, approvals, access, or information; 

  • provide safe and timely access to the property and work areas; 

  • ensure the site is ready for delivery and installation, including clear access and a suitable work environment; 

  • obtain or cooperate in obtaining any approvals, consents, or permissions required from landlords, associations, or other third parties unless Beamshyft expressly agrees in writing to do so; and 

  • take all reasonable steps to avoid Customer-caused delays. 

Beamshyft is not responsible for delays, added costs, or performance issues caused by inaccurate information, site conditions not disclosed in advance, denied access, or Customer delay.

6. Delivery; Installation; Scheduling

Delivery dates and installation schedules are estimates unless expressly guaranteed in writing.

Beamshyft will use reasonable efforts to meet projected dates, but is not liable for scheduling changes, shipping delays, manufacturer delays, backorders, labor shortages, weather issues, access problems, or other events outside its reasonable control.

The Customer must inspect products upon delivery or as soon as reasonably possible after installation and notify Beamshyft promptly of any visible damage, shortages, or nonconformities.

If delivery or installation is delayed by the Customer, Beamshyft may charge reasonable storage, redelivery, rescheduling, or remobilization fees.

7. Payment Terms

All assembled items must be paid in full upfront. All orders placed directly through Beamshyft’s website without the assistance of a sales representative must also be paid in full at the time of purchase. For online orders placed without a sales representative, the customer is solely responsible for ensuring the accuracy of all measurements, product selections, quantities, finishes, and order details before submitting the order. 

For unassembled orders placed through a Beamshyft sales representative, a 20% down payment is required at the time the order is placed, with the remaining balance due in accordance with Beamshyft’s invoice or payment instructions.

Beamshyft may apply payments first to oldest outstanding balances, late charges, collection costs, and then to current invoices.

8. Taxes

The Customer is responsible for all sales, use, excise, and similar taxes, duties, fees, or governmental charges imposed in connection with the purchase, delivery, installation, or services, except for taxes imposed on Beamshyft’s net income or general business operations.

If Beamshyft is required to pay any taxes or charges on the Customer’s behalf, the Customer shall reimburse Beamshyft.

9. Late Payments; Suspension Rights

Any undisputed amount not paid when due may accrue interest at the maximum rate permitted by applicable law. The Customer shall also reimburse Beamshyft for reasonable costs of collection, including reasonable attorneys’ fees and costs, to the extent permitted by law. If any undisputed amount remains unpaid after written notice, Beamshyft may suspend ordering, delivery, installation, warranty service, or other performance until the account is brought current.

10. Title; Risk of Loss

Unless otherwise required by law or expressly stated otherwise in writing:

  • risk of loss for products passes to the Customer upon delivery to the property, job site, or other agreed delivery location; and 

  • title to products remains with Beamshyft until Beamshyft receives payment in full for those products. 

The Customer is responsible for protecting delivered materials from theft, damage, weather exposure, or misuse after delivery.

11. Limited Product Warranty

Beamshyft warrants that cabinets, hardware, and related products supplied by Beamshyft will be free from defects in material and workmanship under normal residential use for the duration of the product’s useful life, as reasonably determined by Beamshyft.

This limited warranty applies only to the original purchasing Customer and is not transferable.

This limited warranty does not cover:

  • damage caused by improper installation by anyone other than Beamshyft; 

  • misuse, neglect, abuse, accident, alteration, or improper maintenance; 

  • exposure to excessive moisture, heat, cold, or other extreme environmental conditions; 

  • normal wear and tear; 

  • natural variations in wood grain, color, texture, or finish; 

  • ordinary aging, fading, expansion, contraction, or similar changes over time; or 

  • labor, removal, transportation, or reinstallation costs, except where installation services were performed by Beamshyft and Beamshyft determines that the installation itself was defective. 

Beamshyft’s obligation under this limited warranty is, at its option, to repair or replace the defective product or component.

12. Limited Service Warranty

Beamshyft warrants that its installation, assembly, remodeling, and related services will be performed:

  • in accordance with the applicable Order Documents, 

  • in a timely, workmanlike, and professional manner, and 

  • consistent with generally recognized industry standards for similar services. 

If the Customer believes Beamshyft breached this service warranty, the Customer must provide written notice describing the issue within 30 days after the applicable services were delivered or completed.

Beamshyft will have a reasonable opportunity to inspect and cure any verified warranty issue. If Beamshyft cannot cure a verified breach within a reasonable time, the Customer’s sole remedy shall be either:

  • re-performance of the affected services, or 

  • a refund of the portion of fees actually paid for the nonconforming services, reduced by the value of services already received. 

13. Warranty Claims Procedure

To make a warranty claim, the Customer must provide:

  • written notice, 

  • photographs if reasonably requested, 

  • proof of purchase, and 

  • reasonable access for inspection. 

Beamshyft may deny warranty claims where the Customer refuses inspection, has not paid amounts due, or where the condition falls outside the warranty coverage.

14. Disclaimer of Other Warranties

Except as expressly stated in these Terms, Beamshyft makes no other warranties, express or implied, to the maximum extent permitted by law, including any implied warranties of merchantability or fitness for a particular purpose.

Nothing in these Terms is intended to waive or limit any non-waivable rights the Customer may have under applicable Massachusetts consumer protection law.

15. Limitation of Liability

To the fullest extent permitted by law, and except for liability that cannot be limited by law, Beamshyft’s total liability arising out of or relating to any order, product, service, or these Terms shall not exceed the total amount actually paid by the Customer to Beamshyft for the specific products or services giving rise to the claim.

Beamshyft shall not be liable for any incidental, indirect, special, consequential, or exemplary damages, including loss of use, loss of enjoyment, temporary housing costs, delay damages, inconvenience, lost profits, or diminution in property value, even if Beamshyft was advised such damages might occur.

Nothing in this section limits liability for gross negligence, willful misconduct, or any liability that cannot lawfully be excluded or limited.

16. Delays; Force Majeure

Beamshyft is not responsible for failure or delay in performance caused by events beyond its reasonable control, including acts of God, flood, fire, weather events, epidemic, pandemic, war, terrorism, civil unrest, labor shortages, strikes, transportation delays, utility failures, supply-chain interruptions, material shortages, government action, or similar events.

If such an event occurs, Beamshyft’s time for performance shall be extended for a reasonable period. If performance is substantially delayed for an extended period, Beamshyft may revise the schedule, suspend performance, or cancel the affected portion of the order.

17. Cancellations and Termination

Beamshyft may terminate or suspend any order or services if the Customer:

  • fails to pay any undisputed amount when due, 

  • materially breaches these Terms or any Order Documents, 

  • refuses reasonable access, 

  • causes repeated delays, or 

  • otherwise prevents Beamshyft from performing. 

The Customer may cancel an order only with Beamshyft’s written consent and upon payment of:

  • all work performed through the date of cancellation, 

  • all materials ordered, manufactured, shipped, or delivered for the project, 

  • all non-cancelable supplier charges, 

  • restocking fees, shipping charges, and storage charges if applicable, and 

  • any other costs reasonably incurred as a result of the cancellation. 

Custom, special-order, made-to-order, and non-stock items may be non-cancelable and non-refundable once ordered.

18. Site Conditions

Beamshyft is not responsible for concealed, unknown, or pre-existing conditions, including plumbing, electrical, framing, wall, floor, moisture, mold, code, or structural issues that are discovered before, during, or after delivery or installation.

If such conditions require additional labor, materials, delays, or redesign, Beamshyft may issue a revised quote or change order.

19. Acceptance of Work

Products and services will be deemed accepted upon the earliest of:

  • the Customer’s written acceptance, 

  • the Customer’s use of the products or completed space, 

  • substantial completion of the work, or 

  • failure to provide written notice of a specific issue within a reasonable time after delivery or completion. 

Minor punch-list items that do not materially impair use will not be grounds to withhold full payment.

20. Returns and Exchange:

No returns are permitted without Beamshyft’s prior written approval. Approved returns may be accepted at Beamshyft’s warehouse. Upon request, Beamshyft may arrange pickup of approved returns, subject to the same pricing structure applicable to shipping and delivery.

Returned products must be unused, undamaged, and in their original condition, unless otherwise approved by Beamshyft in writing. Products damaged by the customer, damaged due to wear and tear, improperly assembled, altered, installed, or otherwise not in resalable condition are not eligible for return. Customers are responsible for properly assembling all products in accordance with applicable instructions, and Beamshyft will not accept returns for assembled cabinets that have been damaged.

Defective products may be eligible for return or exchange only after inspection and approval by Beamshyft. Beamshyft reserves the right to determine whether a product is defective, damaged, improperly assembled, or otherwise ineligible for return.

Unopened products returned in the original box may be eligible for a full cash refund, subject to Beamshyft’s approval. Open-box returns may be eligible for store credit only and may be subject to a $50 deduction per cabinet and a $10 deduction per filler. Undamaged assembled items may be accepted at Beamshyft’s discretion and are subject to a $50 restocking fee per cabinet and a $10 restocking fee per filler.

Custom, assembled, installed, altered, damaged, or special-order items are generally not eligible for return. Refunds or credits, if any, will exclude amounts for completed services, delivery, installation, pickup, nonrecoverable costs, freight charges, handling charges, and any other charges already incurred by Beamshyft.

21. Intellectual Property; Designs

Any drawings, layouts, renderings, proposals, pricing structures, specifications, and related design or sales materials prepared by Beamshyft remain Beamshyft’s property unless Beamshyft agrees otherwise in writing.

The Customer may use those materials only for the project for which they were provided and may not copy, distribute, or use them for competitive bidding, manufacturing, or third-party installation without Beamshyft’s written consent.

22. Independent Contractor

Beamshyft is an independent contractor. Nothing in these Terms creates any partnership, joint venture, agency, employment, or fiduciary relationship between Beamshyft and the Customer.

23. No Waiver

A delay or failure by Beamshyft to enforce any right shall not operate as a waiver of that right or any other right.

24. Entire Agreement

These Terms, together with the applicable Order Documents, constitute the entire agreement between Beamshyft and the Customer concerning the subject matter of the order and supersede prior discussions or understandings on that subject.

25. Amendments

No amendment or modification is binding unless in writing and approved by Beamshyft.

Beamshyft may update these website Terms from time to time. The version in effect at the time of the applicable order will govern that order unless otherwise agreed in writing.

26. Assignment

The Customer may not assign any rights or obligations relating to an order without Beamshyft’s prior written consent. Beamshyft may assign its rights to payment and enforcement.

27. No Third-Party Beneficiaries

These Terms benefit only Beamshyft and the Customer and do not create rights in any third party.

28. Governing Law

These Terms and all disputes arising out of or relating to any order, product, service, or relationship with Beamshyft shall be governed by the laws of the Commonwealth of Massachusetts, without regard to conflict-of-laws principles.

29. Venue; Jury Trial Waiver

Any legal action arising out of or relating to these Terms, the Order Documents, or Beamshyft’s products or services shall be brought in a court of competent jurisdiction in Massachusetts.

To the fullest extent permitted by law, Beamshyft and the Customer each waive any right to a trial by jury in any dispute arising out of or relating to these Terms or the parties’ dealings.

30. Notices

Any notice required under these Terms must be in writing and sent to the contact information provided by the receiving party, including the contact information shown on the applicable order or invoice, unless updated in writing.

For Beamshyft, notices shall be sent to:

BEAMSHYFT LLC

Attn: Beamshyft Legal Department
Email: notices@beamshyft.com

Notice is effective upon confirmed receipt.

31. Severability

If any provision of these Terms is held invalid or unenforceable, the remaining provisions shall remain in full force and effect to the fullest extent permitted by law.

32. Contact Information

Questions regarding these Terms, invoices, warranty claims, or service issues should be directed to:

Attn: Beamshyft Legal Department
Email: notices@beamshyft.com

33. Privacy Policy

Beamshyft may collect customer information, including names, contact information, billing and shipping details, project information, measurements, order history, payment-related information, and communications submitted through the website, by phone, email, or through a sales representative. Beamshyft uses this information to process orders, provide quotes, coordinate delivery or pickup, communicate with customers, improve its products and services, and manage customer accounts. Beamshyft does not sell customer personal information. Customer information may be shared with employees, contractors, delivery providers, payment processors, service providers, or other third parties only as reasonably necessary to operate the business, fulfill orders, process payments, provide customer service, comply with legal obligations, or protect Beamshyft’s rights. By using the website or submitting information to Beamshyft, the customer consents to Beamshyft’s collection, use, and handling of information as described in this policy.


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