1. Acceptance of Terms; Conflicting Terms Rejected
By approving an estimate, issuing a purchase order, delivering material to US Bullnosing, Inc., accepting delivery, picking up completed material, accepting completed work, or making payment, Customer agrees to these Terms and Conditions. These Terms apply to all estimates, sales orders, invoices, fabrication services, delivery services, and related transactions unless otherwise agreed in writing by US Bullnosing, Inc. These Terms, together with the applicable estimate, sales order, invoice, credit application, and the Limited Warranty attached as Exhibit A, constitute the entire agreement between the parties. Any additional, different, or conflicting terms contained in any Customer purchase order, acknowledgment, release, or other document are expressly rejected and shall have no force or effect unless agreed to in a writing signed by an authorized officer of US Bullnosing, Inc.

2. Payment Terms and Late Fees
Payment is due according to the terms stated on the applicable estimate, sales order, invoice, credit application, or other written agreement approved by US Bullnosing, Inc. Payment terms begin from the invoice date unless otherwise stated in writing. Time is of the essence with respect to all of Customer’s payment obligations.

Any unpaid balance not paid when due may be subject to a finance charge of one and one-half percent (1.5%) per month (eighteen percent (18%) per annum), or the maximum rate permitted by law, whichever is less, calculated as simple, non-compounding interest from the due date until paid in full. Acceptance of partial payment does not waive US Bullnosing, Inc.’s right to collect the remaining balance, late fees, collection costs, or any other amounts due.

If there is any conflict among the payment terms stated in an estimate, sales order, invoice, credit application, or other written agreement, the following order of precedence controls: (a) for Customers approved for credit, the approved credit application or credit agreement controls; and (b) if no approved credit terms exist, the invoice terms control. In all cases, any written exception signed by an authorized officer of US Bullnosing, Inc. supersedes conflicting terms.

3. Deposits, All Sales Final, and Custom Fabrication
All deposits and payments are non-refundable. Custom and fabricated products are made to order and are non-cancelable, non-returnable, and non-refundable once production or fabrication has begun. If Customer cancels after work has begun, Customer remains liable for all work performed, all materials ordered or consumed, and a reasonable charge for lost production time and scheduling, in addition to any deposit retained.

4. Suspension of Services / Credit Hold
If Customer’s account becomes past due, US Bullnosing, Inc. may, without liability, place the account on credit hold and suspend production, fabrication, delivery, pickup, release of materials, future orders, estimates, and/or services until the account is brought current. US Bullnosing, Inc. may require payment in advance, cash on delivery (COD), or other satisfactory security before continuing work or accepting additional orders.

5. Collection Costs and Attorney Fees
Customer agrees to pay all costs incurred by US Bullnosing, Inc. in collecting past-due amounts, enforcing these Terms and Conditions, or protecting its rights, including but not limited to reasonable attorney fees, court costs, collection agency fees, filing fees, service fees, expert fees, and other related expenses, whether incurred before suit, during litigation, in arbitration or mediation, on appeal, or in post-judgment collection.

6. Retention of Title and Security Interest
Title to all goods remains with US Bullnosing, Inc. until the purchase price and all related charges are paid in full. To secure payment, Customer grants US Bullnosing, Inc. a purchase-money security interest in all goods sold to Customer and in the proceeds thereof until all amounts owed are paid in full. Customer authorizes US Bullnosing, Inc. to file any UCC-1 financing statements and take any other action reasonably necessary to perfect and enforce that security interest, and agrees to execute any documents requested for that purpose.

7. Customer-Supplied Material
Customer acknowledges that US Bullnosing, Inc. often fabricates, cuts, bullnoses, glazes, mounts, polishes, modifies, or otherwise processes material supplied by Customer or third parties. Customer is solely responsible for verifying that all material supplied is suitable for the requested work, including size, thickness, shade, caliber, finish, strength, quantity, and condition. US Bullnosing, Inc. is not responsible for manufacturing defects, hidden defects, shade variation, warpage, breakage caused by material weakness, improper labeling, shortages, incorrect material, or any other issue related to material supplied by Customer or others.

8. Fabrication Risk and Waste
Customer understands that cutting, bullnosing, waterjet cutting, mosaic fabrication, coping fabrication, glazing, polishing, rectification, anti-slip work, and other fabrication processes involve inherent risk of breakage, chipping, shade variation, size variation, surface variation, and waste. Customer should provide additional material for testing, setup, waste, breakage, and future replacement needs. Unless otherwise agreed in writing, US Bullnosing, Inc. is not responsible for delays, shortages, or additional costs caused by insufficient material supplied by Customer.

9. Inspection, Notice, and Waiver (Condition Precedent)
Time is of the essence with respect to all inspections, notices, and claims. Customer must inspect all material and completed work immediately upon pickup, delivery, or receipt. As an express condition precedent to any claim of any kind, including any warranty claim, Customer must provide written notice by email to office@usbullnosing.com as follows: (a) for any visible, apparent, or reasonably discoverable defect, damage, shortage, incorrect work, billing discrepancy, or nonconforming work, within five (5) business days of pickup, delivery, or the invoice date, whichever occurs first; and (b) for any other defect or claim, within thirty (30) days of the invoice date.

ANY DEFECT, DAMAGE, SHORTAGE, DISCREPANCY, NONCONFORMITY, OR CLAIM NOT REPORTED IN STRICT COMPLIANCE WITH THESE NOTICE REQUIREMENTS IS ABSOLUTELY, IRREVOCABLY, AND PERMANENTLY WAIVED AND BARRED. THE FAILURE TO REPORT A CLAIM IN STRICT COMPLIANCE WITH THESE NOTICE REQUIREMENTS CONSTITUTES CUSTOMER’S FULL AND FINAL ACCEPTANCE OF THE PRODUCT AND WORKMANSHIP, AND MAY NOT BE ASSERTED IN ANY PROCEEDING, REGARDLESS OF WHEN THE DEFECT WAS OR COULD HAVE BEEN DISCOVERED. No course of dealing, course of performance, or acceptance of any late or noncompliant notice shall waive or modify these requirements. Notice is deemed given only upon US Bullnosing, Inc.’s actual receipt of the email.

10. Installation Constitutes Acceptance
Installation, attempted installation, alteration, distribution, sale, use, or incorporation of fabricated material into a project constitutes Customer’s irrevocable acceptance of the product and workmanship as to any visible or reasonably discoverable defect. US Bullnosing, Inc. shall not be responsible for visible defects, shade issues, sizing issues, finish issues, layout issues, or other conditions that could have been identified prior to installation.

11. Limited Warranty
US Bullnosing, Inc. provides a limited warranty on its custom bullnose trim and other fabricated products as set forth in US Bullnosing, Inc.’s Limited Warranty attached as Exhibit A and incorporated by reference. Unless otherwise stated in writing, US Bullnosing, Inc. warrants that its fabricated products will be free from defects in material and workmanship for a period of one (1) year from the invoice date, subject to all exclusions, limitations, claim procedures, and remedies stated in the Limited Warranty. This limited warranty applies only to products used in standard residential and commercial applications under normal conditions. All warranty coverage and every warranty claim are expressly conditioned upon Customer’s strict compliance with the inspection and notice requirements of Section 9; failure to provide timely written notice voids and permanently bars any warranty claim, notwithstanding the warranty period.

12. Warranty Exclusions
The Limited Warranty does not apply to, and US Bullnosing, Inc. shall not be liable for, any of the following:

• • Improper installation or installation not performed in accordance with industry standards.
  • Misuse, abuse, accidents, negligence, improper handling, or improper maintenance.
  • Exposure to chemicals, extreme temperatures, weather, environmental conditions, or other conditions outside normal use.
  • Normal wear and tear, including scratches, scuffs, fading, staining, or surface wear.
  • Alterations, modifications, cutting, installation, or other changes made to the product after purchase.
  • Manufacturing defects, hidden defects, warpage, shade variation, caliber variation, thickness variation, or other issues related to material supplied by the customer, manufacturer, distributor, or third party.
  • Insufficient material supplied by the customer for testing, setup, waste, breakage, or replacement needs.

13. Exclusive Remedy
If a product is found by US Bullnosing, Inc. to be defective under the terms of the Limited Warranty, US Bullnosing, Inc.’s sole obligation, at its sole and absolute discretion, shall be to repair the defective product, replace the defective product, or refund the original purchase price of the defective product. These remedies are the Customer’s sole and exclusive remedies, and Customer waives all other remedies.

14. Limitation of Liability
To the fullest extent permitted by law, US Bullnosing, Inc.’s liability is limited to repair, replacement, or refund of the defective product or service giving rise to the claim. In no event shall US Bullnosing, Inc.’s total aggregate liability for any and all claims arising out of or relating to any order, product, service, or these Terms exceed the amount actually paid by Customer to US Bullnosing, Inc. for the specific product or service giving rise to the claim. US Bullnosing, Inc. shall not be liable for labor costs, installation expenses, removal costs, reinstallation costs, project delays, lost profits, lost business, loss of use, incidental damages, consequential damages, indirect damages, special damages, punitive damages, or third-party claims. This limitation of liability does not apply to acts of gross negligence, intentional misconduct, or fraudulent conduct by US Bullnosing, Inc.

15. Disclaimer of Other Warranties
The US Bullnosing, Inc. Limited Warranty is the sole and exclusive warranty provided by US Bullnosing, Inc. All other warranties, express or implied, including but not limited to implied warranties of merchantability and fitness for a particular purpose, are disclaimed to the fullest extent permitted by law. To the extent applicable law does not permit the full exclusion of implied warranties in a consumer (residential) transaction, such implied warranties are limited in duration to the one-year period of the Limited Warranty, to the fullest extent permitted by law.

16. No Back Charges Without Written Approval
Customer may not deduct, offset, back charge, or withhold payment for any claim, alleged defect, delay, shortage, warranty issue, or dispute unless approved in writing by an authorized officer of US Bullnosing, Inc. All undisputed amounts remain due according to the applicable payment terms.

17. Delivery and Risk of Loss
Unless otherwise agreed in writing, risk of loss transfers to Customer upon pickup, delivery, or transfer to a carrier, installer, contractor, customer representative, or other third party. Delivery dates and completion dates are estimates only and are subject to production schedules, material availability, equipment conditions, power interruptions, labor availability, and other factors outside US Bullnosing, Inc.’s control. US Bullnosing, Inc. shall not be liable for any delay in delivery or completion.

18. Storage and Abandonment
If Customer fails to pick up or accept completed material within ten (10) days after notice that it is ready, Customer shall pay storage charges of $15.00 per pallet or standard crate, and $40.00 per oversized crate, slab bundle, or A-frame, for each week or partial week of storage, with a minimum charge of $25.00 per occurrence. Material not picked up or accepted within thirty (30) days after such notice may be deemed abandoned, and US Bullnosing, Inc. may, without liability and without further notice, sell, dispose of, or otherwise handle the material and apply any proceeds to amounts owed. Customer remains liable for any deficiency, storage, and related costs.

Any notice that material is ready, that storage charges are accruing, or that material may be deemed abandoned may be given by any reasonable means, including email, text message, invoice notation, customer portal or messaging system, or other written communication sent to the contact information Customer has provided. Such notice is effective when sent, and US Bullnosing, Inc. is not required to confirm Customer’s receipt.

19. Returned Checks / Failed Payments
Returned checks, failed ACH payments, chargebacks, or rejected payments may be subject to a service charge, plus any bank fees or collection costs incurred by US Bullnosing, Inc. US Bullnosing, Inc. may require certified funds, wire transfer, credit card payment, or cash before releasing additional material or accepting future orders.

20. Chargebacks
If Customer files a chargeback and the chargeback is resolved in US Bullnosing, Inc.’s favor by the credit card issuing bank, the credit card processor, or by card companies including, but not limited to, American Express, Visa, or Mastercard, Customer agrees to reimburse US Bullnosing, Inc. for any costs incurred in researching and responding to the chargeback, including US Bullnosing, Inc.’s actual costs paid to the credit card processor, its banks, or other third parties to resolve the chargeback dispute in US Bullnosing, Inc.’s favor. Customer further agrees that these amounts will be added to the original amount of the relevant order to which the chargeback was applied, and the total amount will then be immediately due and payable.

21. Construction Lien Rights
Customer acknowledges that US Bullnosing, Inc. may furnish labor, services, and/or materials that improve real property and that US Bullnosing, Inc. retains all lien and bond-claim rights available to it under Chapter 713, Florida Statutes, and any other applicable law. Upon request, Customer shall promptly provide the legal description of the project, the name and address of the property owner, the general contractor, and the lender (if any), and any notice of commencement, so that US Bullnosing, Inc. may timely serve any Notice to Owner and otherwise perfect and preserve its lien and bond-claim rights. Nothing in these Terms waives, limits, or subordinates US Bullnosing, Inc.’s lien or bond-claim rights

US Bullnosing, Inc. may require Customer to provide complete project information — including the project address and legal description, the property owner, the general contractor, the lender (if any), any Notice of Commencement, and Customer’s role on the project — before beginning production or releasing material. If Customer fails or refuses to provide requested project information, US Bullnosing, Inc. may require payment in full before production, pickup, or delivery.

22. Indemnification
To the fullest extent permitted by law, Customer shall indemnify, defend, and hold harmless US Bullnosing, Inc. and its officers, employees, and agents from and against any and all claims, damages, losses, liabilities, and expenses (including reasonable attorney fees) arising out of or relating to Customer’s installation, handling, storage, modification, distribution, sale, or use of the fabricated material, or to material supplied by Customer or third parties, except to the extent caused by US Bullnosing, Inc.’s gross negligence, intentional misconduct, or fraud.

23. Force Majeure
US Bullnosing, Inc. shall not be liable for any delay or failure to perform caused by events beyond its reasonable control, including but not limited to acts of God, weather, fire, flood, hurricane, pandemic, labor disputes, shortages of labor or material, equipment failure, power or utility interruptions, transportation delays, supplier delays, governmental action, or other causes outside its reasonable control. Delivery and completion dates shall be extended for a period equal to the duration of any such event.

24. Dispute Resolution
The parties agree to make a good-faith effort to resolve any dispute before filing suit. If a dispute, controversy, or claim arises out of or relating to these Terms and Conditions or the alleged breach thereof, and if the dispute cannot be settled through negotiations within thirty (30) days, the parties agree to endeavor first to settle the dispute by mediation before resorting to litigation. US Bullnosing, Inc. may proceed with immediate legal action without first mediating when necessary to collect past-due amounts, preserve lien rights, recover materials, or protect its interests.

25. Limitation of Actions
To the fullest extent permitted by law, and pursuant to Section 672.725, Florida Statutes, any action by Customer arising out of or relating to the transaction, the products, the services, or these Terms and Conditions must be commenced within one (1) year after the cause of action accrues, after which such action is permanently barred.

26. Waiver of Jury Trial
TO THE FULLEST EXTENT PERMITTED BY LAW, EACH PARTY KNOWINGLY, VOLUNTARILY, AND INTENTIONALLY WAIVES ANY AND ALL RIGHT TO A TRIAL BY JURY in any action, proceeding, or counterclaim arising out of or relating to these Terms and Conditions, the products, the services, or any transaction between the parties.

27. Governing Law, Jurisdiction, and Venue

All transactions shall be governed by the laws of the State of Florida, without regard to its conflict-of-laws principles. Customer agrees that any lawsuit or legal proceeding arising out of or relating to the transaction, estimate, sales order, invoice, services, materials, or these Terms and Conditions shall be filed exclusively in the state courts located in Broward County, Florida, unless US Bullnosing, Inc. elects another legally proper venue.

28. Severability
If any provision of these Terms and Conditions is found unenforceable, the remaining provisions shall remain in full force and effect, and the unenforceable provision shall be enforced to the maximum extent permitted by law.

29. Acceptance and Acknowledgment
Customer acknowledges and agrees that Customer has read and understands these Terms and Conditions and the Limited Warranty attached as Exhibit A, and has had the opportunity to consult with its attorney before accepting this agreement.

30. Entire Agreement
These Terms and Conditions, together with the applicable estimate, sales order, invoice, credit application, the Limited Warranty (Exhibit A), and written approvals, represent the entire agreement between Customer and US Bullnosing, Inc. Any changes must be approved in writing by an authorized representative of US Bullnosing, Inc.

31. Electronic Signatures, Counterparts, and Records
US Bullnosing, Inc. and Customer agree that this agreement may be executed and accepted electronically, including through DocuSign or a similar service, and that electronic signatures, initials, and records are valid, binding, and enforceable to the same extent as handwritten signatures and paper records under the federal E-SIGN Act and applicable Florida law governing electronic signatures and transactions. This agreement may be executed in one or more counterparts, and a signed copy delivered electronically or by other reasonable means has the same effect as an original.

32. Taxes and Resale Certificates
Customer is responsible for all sales, use, excise, and other taxes arising from any transaction, except taxes on US Bullnosing, Inc.’s net income. Quoted prices do not include taxes unless expressly stated. For any tax-exempt or resale purchase, Customer must provide a valid Florida resale or exemption certificate before the transaction; absent a valid certificate, applicable tax will be charged. Customer shall reimburse US Bullnosing, Inc. for any tax, interest, or penalty later assessed on a transaction Customer claimed was exempt.

33. Consent to Electronic Communications
Customer consents to receive communications from US Bullnosing, Inc. by email, text message (SMS), telephone, and customer portal at the contact information Customer provides, including communications regarding estimates, orders, production status, readiness for pickup or delivery, invoices, payment and past-due reminders, and account notices. Customer represents that it is authorized to receive such communications at that contact information and will promptly notify US Bullnosing, Inc. of any change. Standard message and data rates may apply, and Customer may opt out of non-transactional messages at any time.

34. Assignment; Successors and Assigns
Customer may not assign or transfer its rights or obligations under these Terms without the prior written consent of US Bullnosing, Inc. US Bullnosing, Inc. may assign its rights, including the right to payment, without Customer’s consent. These Terms bind and benefit the parties and their respective successors, heirs, and permitted assigns.

35. Insurance and Jobsite Deliveries
When US Bullnosing, Inc. delivers material to a jobsite or third-party location at Customer’s direction, Customer is responsible for site conditions, access, unloading, staging, and protection of the material after delivery, and risk of loss passes as provided in Section 17. Upon request, Customer shall provide a certificate of insurance evidencing commercial general liability coverage and, for larger or contractor accounts, shall name US Bullnosing, Inc. as an additional insured. US Bullnosing, Inc. is not responsible for loss, theft, or damage to material after it has been delivered or released.

36. Personal Guaranty (Credit Accounts)
As a condition of any extension of credit, US Bullnosing, Inc. may require an owner, officer, or principal of Customer to personally guarantee Customer’s obligations. Where the Personal Guaranty block below is signed, the individual signing (the «Guarantor») personally, absolutely, and unconditionally guarantees the full and timely payment and performance of all of Customer’s present and future obligations to US Bullnosing, Inc., including all charges, finance charges, collection costs, and attorney fees described in these Terms. This is a guaranty of payment and not merely of collection, and US Bullnosing, Inc. may proceed directly against Guarantor without first pursuing Customer. Guarantor waives notice of acceptance, demand, presentment, and protest.

PERSONAL GUARANTY (Credit Accounts Only)
By signing below, the individual Guarantor agrees to be personally bound by Section 36 above.