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Product Terms & Conditions

 

Pinky’s Iron Doors, LLC (“PINKYS”, “we”, “our”, or “us”) takes pride in providing its customers (“Customer(s)”, “your” or “you”) with high quality iron/steel doors, windows, and other products (“Products”). At PINKYS, customer satisfaction is our number one priority. We strive to provide our clients with superior service, quality, and communication. Please review the following information and terms prior to placing an order through our website. By purchasing our Product, you agree to be bound by these Product terms and conditions (“Agreement”):

  1. GENERAL PRODUCT INFORMATION.

All PINKYS Products are manufactured overseas. PINKYS Products are hand forged, welded and grinded by our artisans and individually finished in our factory. Minor differences in PINKYS Products are normal and to be expected in hand forged end products. Such minor differences are not defects. Iron is a natural material and is never flawless. Natural imperfections of the steel, glass and components will vary within reasonable tolerances and are considered standard in the industry. 

It is important you understand that exposure to natural elements and frequent use is expected to cause PINKYS Products purchased and ordered through our site to naturally age. Any damages or changes to the Products brought on by frequent use or exposure to the elements is considered an organic process that cannot be prevented, and is not a defect that is covered by this Agreement. 

We reserve the right, in our sole and absolute discretion, to improve Products, make changes in specifications, designs and options, at any time without any prior notice and without incurring any obligations.

  1. WARRANTIES AND DISCLAIMERS.

PINKYS provides certain warranties relating to our Products sold through our website that such Products will be free from certain defects for a period of one (1) year from date of receipt. These warranties are subject to exclusions, limitations and restrictions as provided herein. Please review our warranties, exclusion and restrictions prior to placing an order.  

If you believe you have a warranty claim within the specified warranty period relating to a defect in your Product, you must email photos of your Product with a brief description of the defect through our website at www.pinkys.com.  Our customer service team will review the information you provide and determine, in its sole and absolute discretion, whether your warranty claim is covered by our warranty policy as provided herein. The date of defect shall also be determined by PINKYS and in no event shall be prior to the date the Customer first notified PINKYS of any defect.  If our customer service team determines that your alleged defect is covered by a warranty provided herein, we will replace such substandard Product or any parts that have been deemed defective by our customer service team.

The warranties provided herein do not include, and PINKYS will not be responsible for, the provision and/or costs relating to materials and labor, including, but not limited to the following: (i) the removal, uninstallation, and/or re-palletizing Product for return to Pinky’s; or (ii) the reinstallation of new Products or units. The limitations provided in this paragraph will be the sole responsibility of the Customer including, any and all finish work, pertaining to flooring, paint, drywall, construction, exterior finish or labor.

    1. Glass Seal Warranty. PINKYS offers a warranty to the manufacturer seal of glass in its Products.  If such manufacturer seal defect occurs within one (1) year from the date of delivery to the Customer, we will replace and install such glass panel at no cost to the Customer. In the event the manufacturer seal defect occurs between one (1) to two (2) years from the date of delivery to the Customer, we will replace the glass panel only at no cost, and any and all installation costs will be the sole responsibility of the Customer.  Any and all costs relating to a manufacturer seal defect in any Product which occurs after two (2) years from the date of delivery to Customer, will be the sole responsibility of the Customer. We do not warranty any other defects as it relates to glass, including but not limited to, scratched or broken glass, and glass that has been cleaned with foreign chemicals that cause seal/silicone failures. 

 

    1. Finish Warranty.

We will warranty our finish from peeling or fading free of charge for a period of one (1) year from the delivery date to Customer. Customer acknowledges and agrees the following are not defects in any finish to Products and shall be excluded from any warranty coverage: (i) weathering/sun fading which are considered normal occurrences; (ii) damage to the finish which occurs onsite during unloading or improper cleaning during construction;(iii) drying or cracking due to use of foreign chemicals, hose water (hard water), and/or acidic water; and (iv) installation near a pool.

  1. EXCLUSIONS, LIMITATIONS AND RESTRICTIONS. 

 

    1. PINKYS warranties do not cover and specifically exclude the following:

 

      1. Normal wear and tear from use of PINKYS Products, including, but not limited to, door, door hardware, window hardware, hinges, weather stripping, and factory finish.
      2. The installation or use of additional third party or aftermarket products, including window films, screens, hardware, and locks.
      3. Any failures due to accident, misuse, abuse, alteration, faulty building construction or exposure to the elements without proper finishing.
      4. Any failures due to failure to protect Products during any and all construction or finish work, including, but not limited to, waterproofing Products.
      5. Any failures due to improper handling, storage, installation, maintenance, force majeure or acts of God.
      6. Any type of corrosive elements.
      7. Any rust.
      8. viii.All screens for doors & windows.
      9. Damage to Products caused by other trades during construction for any reason, including, but not limited to, due to improper cleaning, installation, taping, paint, dry walling, stucco, sanding, chipping, and rotary and tools.
      10. Any Product that is used or installed within fifteen (15) miles of a coastline. 
      11. Any failure to offload, install and maintain the Product in strict accordance with PINKYS Information Center and PINKYS Home Care Maintenance at all times throughout the life of the Product.

 

  1. BUILDING CODES AND INSTALLATION.
    1. PINKYS does not make any representations or warranties that any information provided or content presented on its website fulfills building codes, ordinances, or regulations for any specific application or any particular jurisdiction. PINKYS is not responsible for any orders or Products that do not pass any city or state code requirements. It is the sole responsibility of the Customer, the building owner, architect, contractor and installer to ensure that the Products selected conform to the applicable local building codes, regulations, plans and/or specifications and permits.
    2. ALL OPENINGS MUST BE SET FOR PINKYS STANDARDS BEFORE INSTALLATION.  IF YOU HAVE ANY QUESTIONS OR NEED FURTHER INFORMATION PLEASE CONTACT A PINKYS SALES PERSON

 

    1. PINKYS will not be responsible for any modifications needed if the opening is not properly framed for its Products.

 

    1. PINKYS provides you with Product installation procedures through PINKYS Information Center (not applicable to custom Products or order). Upon completion of your purchase, you will receive an email with a link on how to receive and install your Product.

5. EXPRESS LIMITED WARRANTY.

 

    1. Our express limited warranty sets forth our maximum liability for our Products. No one is authorized to modify or expand this express limited warranty. 

 

    1. THE ABSOLUTE LIMIT OF PINKYS LIABILITY IS THE PRODUCT PURCHASE PRICE. IN NO EVENT WILL PINKYS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES, INCLUDING LOST PROFITS, LOSS OF USE, LOSS OF DATA, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, HOWEVER CAUSED, AND ON ANY THEORY OF LIABILITY, WHETHER FOR BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), OR OTHERWISE, WHETHER OR NOT PINKYS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE AND EXCLUSIVE REMEDY WITH RESPECT TO ANY AND ALL LOSSES AND DAMAGES RESULTING FROM ANY CAUSE WHATSOEVER IS AS SPECIFIED HEREIN.
    2. The entire risk as to the quality and performance of the goods is with the Customer. 

 

    1. In the event state or provincial law precludes exclusion or limitation of implied warranties, the duration of any such warranties shall be no longer than, and the time and manner of presenting any claim thereon shall be the same as, that provided in the express warranty stated herein.

6. PROMOTIONS AND SALES. 

Promotions, sales, or discounts cannot be combined under any circumstances.
 
Customers have 14 days from the date of purchase (whether during a promotion or not) to select the promotion that best suits their needs. To request a promotional price adjustment, customers must email PINKYS (info@pinkys.com) within this 14-day period. A PINKYS representative will review the request and reach out to the customer.
 
Please note that after 14 days, no adjustments to promotional prices will be allowed.
 

7. CLEARANCE SECTION.   ALL “CLEARANCE” PRODUCT SALES ARE FINAL. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW: (i) ALL PINKYS CLEARANCE PRODUCTS ARE OFFERED AND SOLD ON AN “AS IS”, “WHERE-IS” AND “AS AVAILABLE” BASIS; (ii) ALL CLEARANCE PRODUCTS ARE PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT; (iii) NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM PINKYS OR THROUGH ITS SERVICES WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN; (iv) WITHOUT LIMITING THE FOREGOING, PINKYS AND ITS AFFILIATES DO NOT WARRANT THAT ANY CLEARANCE PRODUCTS WILL MEET YOUR REQUIREMENTS; THAT SUCH PRODUCTS WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; AND (v) NO ORAL OR WRITTEN INFORMATION, REPRESENTATION OR ADVICE GIVEN BY PINKYS OR AN AUTHORIZED REPRESENTATIVE OF PINKYS SHALL CREATE ANY WARRANTY.

 

  1. COLD WEATHER DISCLAIMER.

 

    1. Due to the construction method of our standard iron doors, they are, by design, subject to possible thermal transfer, which could result in condensation build up on the interior portion of the door during extremely cold time periods.
    2. During the winter months when there is sustained periods of extreme cold, and temperatures drop below 25 degree, you may notice the above stated thermal transfer. The condensation if not properly cleaned, could lead to a slippery surface and potentially mold.

 

9. INDEMNITY. Customer agrees to indemnify, defend and hold PINKYS and its members, managers, employees, contractors, agents, representatives, and affiliates harmless from and against any and all liability, claims, losses, costs, and expenses including but not limited to attorneys’ fees that arise from: (i) the Customer’s violation or breach of this Agreement; (ii) the Customer’s violation of any third party’s rights such as trademark, copyright, proprietary and privacy rights, or regulation or ordinance. This indemnification and hold harmless obligation will survive the termination of this Agreement.

 

  1. TITLE AND RISK OF LOSS. Title and risk of loss for all PINKYS Products passes to the Customer as provided below.  Any and all loss or damage that occurs after title of Product passes to the Customer is the sole responsibility of Customer.

 

    1. Product Delivered by PINKYS. All title and risk of loss for Products delivered by PINKYS within the continental United States of America (excluding Alaska and Hawaii) pass to Customer upon delivery to the Customer. 
    2. Product Delivered Outside of the United States of America (including Alaska and Hawaii). All title and risk of loss for Products delivered by PINKYS to a state or country outside of the continental United States of America (including Alaska and Hawaii) passes to the Customer upon loading of the Product on the delivery truck. 
    3. Product Picked Up by Customer. All title and risk of loss for Products picked up by the Customer immediately passes to the Customer upon loading of the Product.

 

  1. RETURN POLICY FOR STOCK PURCHASES  

 

    1. Within thirty (30) days from the date stock Products are delivered and prior to installation or any attempted installation, your purchase can be returned to PINKYS for a partial refund. PINKYS return policy is only offered for purchases of stock Products and not for any custom Products for which all sales are final. In order to be eligible to return your stock Product purchase, you must agree to and comply with the following return policy requirements.  Failure to do so will preclude you from returning any Product. 

 

      1. You must contact PINKYS at info@pinkys.com to obtain your Return Material Authorization (RMA) form. Products cannot be returned without the RMA form.
      2. ALL ORIGINAL CRATING AND PACKAGING MATERIAL MUST BE KEPT AND USED FOR ANY RETURNS. 
      3. The Product must be undamaged and remain in the exact condition it was delivered.
      4. Customers will be responsible for all costs for return shipping and assume all liability for any damages incurred during the return transit.
      5. Product(s) must be shipped back to us and received by PINKYS prior to shipment of any new Products (No cross shipping).
      6. A twenty-five percent (25%) restocking fee will be charged for all returns or exchanges, and PINKYS has the right to refuse any return or charge additional amounts for any damages that may have occurred to the Product(s).
      7. Delivery fees are not refundable.
      8. viii.Refunds will be issued by the same method of payment used for the original purchase.
      9. If you have any questions regarding your Product before or after shipment, contact a PINKYS representative and we will be happy to answer any questions or concerns that may arise.

 

  1. SHIPPING AND DELIVERIES

 

    1. Processing Times. Orders are processed and shipped Monday through Friday. PINKYS ships from Los Angeles, California. Once your order is reviewed by our Credit Card Department, it is sent to the PINKYS warehouse for shipment. Please note, credit card processing can take up to three (3) business days (depending on the accuracy of the information given to us by our Customer).

 

    1. Shipping Destinations. We ship to any residential or commercial address within the continental United States (excluding Alaska and Hawaii). Deliveries to Hawaii and Alaska or outside of the USA requires the Customer to make additional arrangements for the order to be picked up from a PINKYS approved location. All shipments are curbside delivery only, no exceptions. Delivered Products will be offloaded at the destination and will not be unpacked, set up, or placed in any particular area within your home or business.

 

    1. Delivery Dates. All Product delivery dates must be scheduled via email. Any modifications to the delivery date or address must be received in writing and called into the PINKYS office at least forty-eight (48) hours prior to your scheduled delivery date and time. Normal delivery hours for large item shipping are from 8:00am to 5:00pm local time. Expect a transit time of three (3) to fifteen (15) business days when your Product is being shipped via standard shipping, unless otherwise provided by a PINKYS representative in writing. This approximate transit time is based on the location and conditions of the delivery.

 

    1. Failure to Accept Delivery. If the Product arrives at the delivery location during the agreed upon and accepted date and time and you do not or cannot accept the delivery, for any reason, you will incur additional fees, including redelivery fees and storage fees (“Additional Fees”) which you must pay prior to the redelivery of your Product. For your convenience, a tracking number and other delivery information will be given to you once your order ships from PINKYS. DELIVERY COMPANIES WILL NOT GO INTO ANY UNPAVED ROADS INCLUDING BUT NOT LIMITED TO GRAVEL, SAND OR DIRT ROADS. You will be responsible for Additional Fees in the event your Product is undeliverable due to the unpaved conditions described above. 

 

    1. Lead Times and Delivery Dates. All lead times and delivery dates provided to you by PINKYS whether written or oral, including, but not limited to, online, e-commerce, website, phone, invoice, estimate, order tracking via website, order tracking via email, sales forms, logistics forms are estimates of times and delivery dates and are subject to change at any time with or without notice. The most current estimates of delivery times are posted on the PINKYS website. Custom order lead times will be provided by PINKYS custom sales department.

 

    1. Local Deliveries (within sixty (60) miles of our Vernon facility). When choosing “Local Delivery” during checkout, please keep in mind that that Local Delivery includes transportation via our PINKYS truck to your location, but does not include the offloading of your Product(s). You will be solely responsible for offloading your Products from our truck. 

 

    1. LTL Truck Deliveries (Greater than 60 miles of our Vernon facility). Shipping fees are determined by the weight and size of your Product(s), along with the destination. Truck deliveries will be shipped via common carrier. 

 

    1. Offloading Products. All residential deliveries, will require you to have a minimum of two (2) to three (3) able bodied persons on site to offload. While the shipping company may be able to use the lift gate, it is against LTL Safety Guidelines for them to operate a lift gate if there is any overhang. Most of our Products are longer than any standard lift gate, which is why you will need two (2) to three (3) able bodied persons on site to offload Products from inside the truck. It is the Customer's responsibility to have enough assistance to disassemble the crate and take the Product(s) to the designated area. PINKYS is not liable for any damages incurred during the offloading of Products, including, but not limited to, any injuries to you and your workers.
    2. Business/Commercial Deliveries. All Products delivered to business/commercial destinations will be delivered curbside, or to a loading dock. If a loading dock is not available, a fork lift is required. 

 

    1. Shipping Costs. It is important to note that the Customer does not have to pay any amount to the delivery personnel at the time of delivery or at any other time. PINKYS is responsible for making direct payments to the shipping and delivery vendors. Any and all payments made by the Customer to the carrier company or its representatives, for any additional or existing services, will be at the Customer’s sole cost. You acknowledge and agree that PINKYS will not refund such payments under any circumstances. 

 

    1. Will Call Service.  "Will Call" service is available at the Los Angeles facility located at: 2382 East 48th Street, Vernon, California 90058, on Mondays through Thursdays from 8:00am to 12:00pm PST and 1:00pm to 5:00pm PST, and Saturdays from 11:00am to 2:00pm PST. It is your responsibility to contact us to confirm your order and ensure that it is ready for pick up prior to arriving. An email notification will be sent to the email address used to place the order to notify that an order is ready to be picked up.

 

  1. INSPECTION AND CLAIMS
    1. Inspection and Claims. PINKYS inspects each Product prior to shipment. Under no circumstances will PINKYS be liable for any damages that occur during, upon, or after delivery.

 

    1. Visible Damage(s): The consignee must inspect the freight for damage(s) and record any obvious damage to the crate upon delivery. Under National Motor Freight Classification (NMFC) rules, the consignee does not have the right to open and inspect the shipping containers prior to signing for the freight. If the condition of the shipping package is such that there is good reason to suspect major damage, please DO NOT open the freight package and refuse the shipment. Contact PINKYS Customer Service immediately and report your refusal. Please note, by refusing the shipment, you will most likely wait anywhere from three (3) to five (5) weeks to receive resolution. If minimal damage is presented on the package, the consignee MUST notify the carrier of all the details of the damage (i.e. torn packaging material, black mark on the container, etc.).

 

    1. Concealed Damage(s). When damage is discovered after delivery, it should be reported to the PINKYS Customer Service team immediately and under no circumstance later than forty-eight (48) hours of receipt of the Product(s) to be eligible for a claim. Once you contact PINKYS, PINKYS will provide the carrier information to consignee for consignee to file a claim with the carrier. The carrier may complete an inspection. You must hold the freight and shipping packaging until resolution is given.

*IMPORTANT: For both visible and concealed damages, consignee must report any damage marks on shipping packaging to the carrier during delivery to be considered and eligible for a claim resolution. Failing to do so will result in a refusal of your claim. The carrier and PINKYS are not responsible for any unreported claim or late claims made past forty-eight (48) hours from receipt.

    1. If you have a question concerning our Shipping Policy please e-mail us at info@pinkys.com OR write to us at:

PINKYS
2382 East 48th Street
Vernon, California 90058

  1. REMEDIES. PINKYS reserves all rights to pursue any and all legal remedies available to it in the event of a breach of this Agreement or any other agreement with PINKYS, including without limitation, injunctive relief and recording mechanics liens. 

 

  1. PINKY’S HOME CARE MAINTENANCE. All PINKYS Products must be strictly maintained in accordance with the home care maintenance procedures (“PINKYS Home Care Maintenance”) which is provided to you after your purchase of Product.  If you do not receive PINKYS Home Care Maintenance information, you must contact PINKYS prior to taking any action with your Products.  Failure to do so will result in the exclusion of warranties and other restrictions. 

 

  1. CHOICE OF LAW AND VENUE. This Agreement shall be governed by the laws of the United States of America and the State of California, without respect to its conflict of laws principles. You expressly consent to the exclusive jurisdiction and venue of the state and federal courts located in Los Angeles County, California.