Customer Terms and Conditions (Online Acceptance)

Customer Terms and Conditions – v2025.1 – Effective October 3, 2025

By submitting your deposit, you acknowledge and agree to the following terms and conditions set forth by Oak & Ash, LLC, doing business as Madera Furniture Company (“Company”). Your deposit constitutes acceptance of these terms and creates a binding agreement. Each proposal provided by the Company will include a link back to this Agreement.

1. Scope of Work

The Company agrees to produce custom furniture or related pieces based on the specifications provided in your quote or proposal. All design sketches, drawings, and CAD files are for reference only and remain the property of the Company.

2. Deposit and Acceptance of Terms

A 60% deposit is required to initiate production. Deposits are refundable only if products or materials have not been ordered. Design fees and CAD work are non-refundable.
The remaining balance is due upon delivery or pickup, as noted in your proposal.

By submitting your deposit (whether online, by bank transfer, or other payment method), you acknowledge that you have read, understood, and agree to be bound by the following Terms and Conditions. This action constitutes full and binding acceptance of these Terms and forms a legally enforceable agreement between you and Oak & Ash, LLC (doing business as Madera Furniture Company). These Terms shall be governed by the laws of the State of Washington, and venue for any dispute shall be exclusively in Pierce County, Washington.

3. Delivery, Pickup, Installation, and Storage

• The method of delivery, pickup, or installation will be defined in your proposal.

• Site readiness (clear access, stable flooring, power outlets, etc.) is the customer’s responsibility and will be outlined in your proposal.

• If you are unable to accept delivery or arrange pickup within 30 calendar days of the scheduled completion date, Madera reserves the right to charge storage fees starting at $50 per item per month, based on size and volume. These fees will accrue monthly and must be paid prior to delivery or pickup.

  • After 60 days of storage, title to the piece(s) may transfer to you, and Madera may, at its discretion, begin to assess additional handling or holding charges or require immediate removal.

• Risk of loss transfers to the customer upon delivery, pickup, or transfer of title, whichever occurs first.

• The Company is not responsible for damage after the piece leaves the shop or during customer-handled transport.

• The Company is not responsible for delays caused by other trades or contractors. Coordination of access and scheduling with other contractors is the responsibility of the client or client’s representative.

4. Natural Materials and Custom Nature of Work

• Wood and other organic materials naturally vary in grain, color, and tone. These variations are not considered defects.

• Each piece is custom and handmade. Slight variations in appearance or finish are inherent to the nature of the work and not defects.

5. Warranty and Care

• The Company provides a one-year limited warranty on structural integrity.

• Warranty coverage is limited to repair or replacement, at the Company’s discretion.

• This excludes wear and tear, finish changes, environmental damage, improper use, or lack of proper care.

• Improper use includes, but is not limited to:

• Exposing the piece to excess heat, water, or humidity.

• Keeping the piece in areas without a clean, safe, and environmentally controlled atmosphere.

• Using pieces not specifically designed as outdoor furniture in outdoor or uncontrolled environments.

• No other warranties, express or implied (including merchantability or fitness for a particular purpose), are provided.

6. Cancellations and Refunds

• Custom work is non-refundable once material has been ordered or work has begun.

• If canceled prior to that point, deposits may be refunded at the Company’s discretion, minus any design fees or costs incurred.

7. Payment, Progress Billing, and Late Fees

• All final invoices are Net 30.

• For projects extending beyond one month, the Company reserves the right to issue monthly progress invoices based on work completed to date.

• Balances unpaid after 30 days accrue a 1.5% monthly late fee (18% annually, compounding) ,subject to applicable law, until paid in full.

• Accepted payment methods are outlined in your proposal.

8. Change Orders

• Any client-requested changes after work has begun will require a written change order proposal from the Company.

• Change orders must be approved via email by the customer before work proceeds.

• Change orders may result in additional costs and extended timelines.

9. Lien Rights

The Company reserves all lien rights under Washington law for materials furnished and work performed until all invoices are paid in full.

10. Limitation of Liability

The Company’s total liability, whether in contract, tort (including negligence), or otherwise, is strictly limited to the amount paid by you for the specific piece(s) giving rise to the claim.

Under no circumstances will the Company be liable for indirect, incidental, special, punitive, or consequential damages of any kind; including, but not limited to, lost profits, business interruption, loss of data, or loss of use—arising from or relating to this Agreement, the products provided, or any services rendered.

This limitation of liability does not apply in cases of gross negligence, intentional misconduct, or fraud on the part of the Company, to the extent such exclusions are prohibited by applicable law.

11. Dispute Resolution and Governing Law

In the event of any dispute, claim, or disagreement arising out of or relating to this Agreement, the parties agree to first attempt resolution through good-faith negotiation.

If the dispute is not resolved within 30 days, either party may request that the matter be submitted to non-binding mediation conducted by a mutually agreed-upon mediator in Pierce County, Washington. If mediation does not resolve the issue, the dispute shall be submitted to binding arbitration under the rules of the American Arbitration Association (AAA), also conducted in Pierce County, Washington.

Each party shall bear its own legal fees and costs associated with arbitration, except as otherwise provided in this Agreement. The cost of the mediator or arbitrator will be shared equally, unless the arbitrator determines that one party acted in bad faith, in which case costs may be reallocated.

Judgment on the arbitration award may be entered in any court of competent jurisdiction. This Agreement shall be governed by and construed in accordance with the laws of the State of Washington, without regard to its conflict of law principles.

Nothing in this section shall limit either party’s right to seek temporary or injunctive relief in a court of law to prevent immediate or irreparable harm.

This Agreement shall be governed by and construed in accordance with the laws of the State of Washington, without regard to its conflict of law principles.

12. Legal Fees

In the event of arbitration or litigation, the prevailing party is entitled to recover reasonable attorney’s fees and costs.

13. Force Majeure

The Company is not liable for delays or non-performance caused by events beyond its control, including but not limited to fire, flood, pandemic, supply chain disruptions, labor disputes, or acts of government.

14. Severability

If any provision of this Agreement is found unenforceable, the remaining provisions remain in effect.

15. Waiver

Failure by the Company to enforce any provision of this Agreement does not waive its right to enforce it later.

16. Use of Photographs and Marketing Materials

The Company reserves the right to photograph completed pieces for use in its portfolio, website, social media, and other marketing materials. These images may be used for promotional purposes without further notice or compensation.

No personal or identifying information, such as names, addresses, or project pricing will be disclosed without your written consent.

If you prefer that your project not be photographed or used in marketing materials, you must notify the Company in writing prior to delivery or installation. Requests made after this period may not be honored if images have already been captured or published.

17. Privacy Policy

The Company’s collection and use of personal information is governed by its Privacy Policy, available at www.maderawoodworking.com/privacy. By entering into this Agreement, you acknowledge review of that Policy.

18. Entire Agreement

This Agreement constitutes the entire agreement between you and the Company, superseding all prior discussions, emails, or verbal commitments.

19. Survival

The rights and obligations in the following sections shall survive termination or expiration of this Agreement for any reason: Sections 1 (Scope of Work), 4 (Natural Materials), 5 (Warranty and Care), 7 (Payment, Progress Billing, and Late Fees), 9 (Lien Rights), 10 (Limitation of Liability), 11 (Dispute Resolution and Governing Law), 12 (Legal Fees), 16 (Use of Photographs and Marketing Materials), and this Section 19 (Survival).

20. Governing Language

This Agreement is written in English, which shall be the controlling language for all purposes. If this Agreement is translated into another language and there is a conflict between versions, the English version shall prevail.