Terms and Conditions

OVERVIEW

The terms “we,” “us,” and “our” means Shawn Penoyer, LLC, a Georgia limited liability company. The term the “Site” means www.chandelierinstallation.net. The term “Portal” means the customer portal (accessed through https://invoice.zoho.com/portal/shawnpenoyerllc1) we provide you for accessing, reviewing, accepting, and paying quotes, customer service agreements, and invoices. The terms “user,” “you,” and “your” refer to Site visitors, Portal users, customers, potential customers, and any other users of the Site or Portal. The Site contains information about us, including how to contact us, a general description of the services we provide, a blog, frequently asked questions, and information about the services we provide. The Portal contains customer quotes, customer service agreements, invoices, statements, and a record of payments made.

Your use of the Site, access or other use of the Portal, acceptance of a quote and/or customer service agreement, scheduling services, purchasing services and any associated materials, or paying an invoice are all subject to the following Terms and Conditions. These Terms and Conditions apply to all Site visitors, Portal users, customers, and potential customers. By using the Site, accessing or otherwise using the Portal, accepting a quote or customer service agreement, scheduling service, purchasing services and associated materials, or paying an invoice, you agree to these Terms and Conditions, without modification, and acknowledge reading them.

USE OF THE SITE AND PORTAL / PURCHASE OF SERVICES

To access or use the Site or Portal, accept an estimate, or purchase services or associated materials, you must be 18 years of age or older and have the requisite power and authority to enter into these Terms and Conditions. Children under the age of 18 are prohibited from using the Site or Portal. Information provided on the Site or in the Portal, including but not limited to the pricing for services or associated materials, are subject to change. Shawn Penoyer, LLC makes no representation or warranty that the information provided, regardless of its source (the “Content”), is accurate, complete, reliable, current, or error-free. Shawn Penoyer, LLC disclaims all liability for any inaccuracy, error, or incompleteness in the Content.

ACCOUNT CREATION

In order to obtain a quote or customer service agreement, schedule a service, pay an invoice, or use the Portal, you may be required to provide information about yourself including your name; address; email address; username and password; and other personal information. You agree that any information you give to Shawn Penoyer, LLC will always be accurate, correct, and up to date. You must not impersonate someone else or provide account information or an email address other than your own. Your account must not be used for any illegal or unauthorized purpose. You must not, in the use of the Site or Portal, violate any laws in your jurisdiction.

LAWFUL PURPOSES

You may use the Site and Portal for lawful purposes only. You agree to be financially responsible for all purchases made by you or someone acting on your behalf through the Site or Portal. You agree to use the Site and Portal and to purchase services or associated materials through the Site or Portal for legitimate, non-commercial purposes only.

REFUSAL OF SERVICE

Our provision and sale of services and associated materials are offered subject to our acceptance of your order or requests. We reserve the right to refuse service, not accept an order for services or associated materials in whole or part, or cancel an order for services or associated materials in whole or part without assigning a reason for doing so. No order for services is deemed accepted by us until you have signed a quote describing the services we agree to provide and the price you agree to pay. No order for associated materials is deemed accepted by us until any required payment has been processed.

ORDER CONFIRMATION

We will email and/or text you to confirm the placement of your order for services or associated materials and will include details concerning material delivery or the scheduling of services. In the event there is an error in this email or text confirmation, it is your responsibility to notify us by email within twenty-four (24) hours of our sending the confirming message. Requests to cancel or reschedule service appointments are governed by the Cancellation & Rescheduling section below. Cancellation notices must be sent to: shawn@chandelierinstallation.net.

SCOPE OF WORK

All services provided by Shawn Penoyer, LLC are limited strictly to the items specifically listed on the approved quote, invoice, or customer service agreement. Each service is itemized and billed individually.

No additional work, services, or modifications are included unless expressly stated in writing. Any requests for additional services, changes in scope, or unforeseen conditions will require a separate written estimate and written approval prior to proceeding.

The customer acknowledges and agrees that all services are provided on an à la carte basis. The absence of a service from the approved quote or invoice means that such service is not included in the scope of work.

CANCELLATION & RESCHEDULING

Service appointments require acceptance of a written quote describing the scope of work and pricing. Service is performed only after a written quote has been accepted. A reservation deposit may be required to hold a service date/time, and such deposit is applied toward the final invoice.

Once a quote has been accepted and a service date reserved, cancellations or rescheduling requests must be made at least forty-eight (48) hours prior to the scheduled service time. Cancellations made with less than forty-eight (48) hours’ notice may be subject to a cancellation fee based on reserved time, travel distance, and administrative preparation.

If a customer chooses not to accept a provided quote, no service will be performed and any payments received will be refunded, less any non-refundable reservation deposit expressly identified in writing at the time of booking and payment.

Cancellation fees, if applicable, are not penalties but represent a reasonable estimate of time reserved and costs incurred in preparation for service.

ALL SALES FINAL

All sales are final except as expressly stated in these Terms and Conditions. Any cancellation or rescheduling of service appointments is governed by the Cancellation & Rescheduling section above. Refunds, if any, are handled only as described in these Terms and Conditions.

LIGHT FIXTURE INSTALLATION & CLEANING

If the services you purchase from us include the installation and/or cleaning of a chandelier or other light fixture, you understand and agree that we are not electricians and are not responsible for the suitability, condition, or soundness of the existing outlet, outlet boxes, electrical service, wiring, support boxes or brackets, or other existing components of the space in which we are installing or cleaning the fixture. We do not supply or install bulbs, lamp wire, ceiling medallions, dimmers, trim plates, support brackets, outlets, outlet boxes, controllers, or chain for your fixture unless those items are listed and specifically included on your quote or customer service agreement. If any necessary parts or components are included with a fixture you have purchased for us to install or clean, it is your responsibility to confirm all parts are supplied with your purchased fixture.

If we arrive to clean or install a fixture and the necessary parts are not present or we cannot safely clean or install the fixture through no fault of our own, we may elect to cancel the provision of the service with no obligation to reschedule at a later date and without any additional duty or obligation to perform the installation and/or cleaning services. We may elect to refund or not invoice you for some portion of the agreed-upon price but are under no obligation to do so. If we cannot install or clean the fixture through our failure to have the items previously listed on your quote or customer service agreement, we will reschedule the provision of services at a later date.

If you have purchased the on-site drip method of cleaning, it does not include the removal of crystals from the fixture, hand-polishing or repair, as cleaning is done using a spray drip method of all exterior glass and attachments without disassembly. You understand and agree that fixtures that have never been cleaned or are heavily soiled may require multiple cleanings, each of which must be separately invoiced and scheduled at later date.

LIGHT FIXTURE PICKUP & TRANSPORTATION

If the services you purchase involve the pickup and transport of a chandelier or other fixture, the fixture must be wrapped and ready for transport from a local merchant or storage facility and delivered to a location within a five (5) mile radius of the local merchant or storage facility. Our pickup and transportation pricing does not include installation or cleaning of the fixture, which must be purchased separately if desired. We do not inspect, warranty, or repair the fixture, and deliver it in an as-is condition without warranty.

PAYMENT

A reservation deposit may be required to hold a service date/time and is applied toward the final invoice. Unless otherwise agreed in writing, remaining balances are due immediately upon completion. We do not extend credit. If an invoice becomes delinquent, we may assess reasonable late fees/interest as permitted by law and pursue collection, including recovery of reasonable costs and attorney’s fees where allowed.

FIXTURES, MATERIALS & DELIVERY

Unless otherwise specified in writing, Shawn Penoyer, LLC does not sell, manufacture, or ship products. Customers are responsible for purchasing and ensuring delivery of all fixtures, parts, and materials required for their project prior to the scheduled service date.

We do not inspect, warranty, or guarantee the condition, completeness, or compatibility of customer-supplied fixtures or components. It is the customer’s responsibility to verify that all necessary parts are present and suitable for installation.

If we are requested to pick up, transport, or deliver a fixture, such services must be separately quoted and approved in writing. All transported items are handled with care but are moved at the customer’s risk unless otherwise agreed in writing.

Any delays, damages, missing components, or issues related to third-party purchases, shipping, or delivery are the responsibility of the customer or the original seller and may impact scheduling, service time, and total cost.

If Shawn Penoyer, LLC is requested to source, order, or supply replacement parts or materials (including but not limited to chandelier components, arms, hardware, or electrical parts), such items will be quoted separately and must be approved in writing prior to ordering.

Lead times for ordered materials may vary based on availability, manufacturer, or supplier conditions and may impact project scheduling. Any delays related to third-party suppliers, shipping carriers, or product availability are outside of our control.

All special-order or custom materials must be paid in full in advance prior to ordering and are non-refundable once ordered. Shawn Penoyer, LLC will not procure or order materials without prior payment and written approval. Additional service visits, labor, or adjustments required due to parts ordering, compatibility issues, or installation requirements may result in additional charges.

WARRANTY

Some associated materials we procure may be sold with a manufacturer’s warranty. It is your responsibility to obtain that information from the manufacturer as you see fit, and to contact the manufacturer if you have questions or concerns. We make no warranties with respect to any service or associated materials we provide or procure, express or implied, including any warranties concerning the specific function of any service or associated materials, or their reliability, availability, or ability to meet your specific needs. To the extent permitted by law, we expressly disclaim all implied warranties, including but not limited to implied warranties of satisfactory quality, non-infringement, merchantability and fitness for a particular purpose.

INTELLECTUAL PROPERTY

The Site, Portal, and written or printed materials we provide you contain intellectual property owned by Shawn Penoyer, LLC, including trademarks, copyrights, proprietary information, and other intellectual property. You may not modify, publish, transmit, participate in the transfer or sale of, create derivative works from, distribute, display, reproduce or perform, or in any way exploit in any format whatsoever our intellectual property, in whole or in part, without our prior written consent.

CHANGED TERMS

We may at any time amend these Terms and Conditions. Such amendments are effective immediately upon notice to you by us posting the new Terms and Conditions on the Site or Portal or providing you with the new terms on a quote or invoice. Any use of the Site or Portal, acceptance of a quote or payment of an invoice by you after being notified means you accept these amendments. We reserve the right to update any portion of our Site, Portal, quotes or invoices, including these Terms and Conditions, at any time.

SAFETY

Our employees, independent contractors, or agents may be present in your home, in your office or other commercial space, or on your property for the purpose of delivering associated materials or performing services. You will keep your property in a safe condition at all times and provide us with advance notice of any and all potential hazards. We will act in compliance with CDC guidelines for the prevention of COVID-19 and other infections or communicable diseases while in your home, office or other commercial space, or on your property, but not all such risks are preventable. You assume all risks inherent in our presence in your home, in your office or other commercial space, or on your property, and waive and release all claims and liabilities, now known or hereinafter known against Shawn Penoyer, LLC, its officers, board of directors, members, partners, employees, agents, contractors, and all of their successors and assigns, on account of injury, disease, infection, death, and property theft or damage, arising out of or attributable to our presence at your home or on your property.

LIMITATION OF LIABILITY

YOU AGREE THAT UNDER NO CIRCUMSTANCES SHALL WE BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, EXEMPLARY, OR ANY OTHER DAMAGES ARISING OUT OF YOUR USE OF THE SITE OR PORTAL, ACCEPTANCE OF A QUOTE, PAYMENT OF AN INVOICE, OR PURCHASE OF SERVICES OR ASSOCIATED MATERIALS, OR ARISING OUT OF SHAWN PENOYER, LLC’S PERFORMANCE OF SERVICES OR PROCUREMENT OF ASSOCIATED MATERIALS. ADDITIONALLY, SHAWN PENOYER, LLC IS NOT LIABLE FOR DAMAGES IN CONNECTION WITH (I) ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, DENIAL OF SERVICE, ATTACK, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, OR LINE OR SYSTEM FAILURE; (II) LOSS OF REVENUE, ANTICIPATED PROFITS, BUSINESS, SAVINGS, GOODWILL OR DATA; AND (III) THIRD PARTY THEFT OF, DESTRUCTION OF, UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF YOUR INFORMATION OR PROPERTY, REGARDLESS OF OUR NEGLIGENCE, GROSS NEGLIGENCE, FAILURE OF AN ESSENTIAL PURPOSE AND WHETHER SUCH LIABILITY ARISES IN NEGLIGENCE, CONTRACT, TORT, OR ANY OTHER THEORY OF LEGAL LIABILITY. THE FOREGOING APPLIES EVEN IF SHAWN PENOYER, LLC HAS BEEN ADVISED OF THE POSSIBILITY OF OR COULD HAVE FORESEEN THE DAMAGES. IN THOSE STATES THAT DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR THE DAMAGES, OUR LIABILITY IS LIMITED TO THE FULLEST POSSIBLE EXTENT PERMITTED BY LAW. IN NO EVENT SHALL SHAWN PENOYER, LLC’S CUMULATIVE LIABILITY TO YOU EXCEED THE TOTAL PURCHASE PRICE OF THE SERVICE OR ASSOCIATED MATERIALS YOU HAVE PURCHASED FROM SHAWN PENOYER, LLC, AND IF NO PURCHASE HAS BEEN MADE BY YOU SHAWN PENOYER, LLC’S CUMULATIVE LIABILITY TO YOU SHALL NOT EXCEED $100.

THIRD-PARTY RESOURCES

The Site and Portal may contain links to third party websites and resources. You acknowledge and agree that we are not responsible or liable for the availability, accuracy, content, or policies of third-party websites or resources. Links to such websites or resources do not imply any endorsement by or affiliation with Shawn Penoyer, LLC. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.

INDEMNIFICATION

You shall indemnify and hold us harmless from and against any and all losses, damages, settlements, liabilities, costs, charges, assessments, and expenses, as well as third party claims and causes of action, including, without limitation, attorney’s fees, arising out of any breach by you of any of these Terms and Conditions, any use by you of the Site or Portal, or your purchase of services or associated materials from Shawn Penoyer, LLC. You shall provide us with such assistance, without charge, as we may request in connection with any such defense, including, without limitation, providing us with such information, documents, records, and reasonable access to you, as we deem necessary. You shall not settle any third-party claim or waive any defense without our prior written consent.

AUDIO/VIDEO RECORDINGS

We may utilize audio/video recording devices in our vehicles and/or on our person(s) while performing services in your home, at your office, or on your property. Our use of these devices is for the purpose of quality control and assurance, and training. It is our intention to record our work for our customers. We will not intentionally record private conversations to which we are not a party, the activities of any person in a private place out of public view, or a person under the age of 18 without the parent’s consent. We may post videos/photos on our website and/or social media for advertising purposes to showcase our work including before and after images.

EFFECT OF HEADINGS

The subject headings of the paragraphs and subparagraphs of this Agreement are included for convenience only and shall not affect the construction or interpretation of any of its provisions.

ENTIRE AGREEMENT; WAIVER

This Agreement constitutes the entire agreement between you and Shawn Penoyer, LLC pertaining to the Site, the Portal, and the purchase of services or associated materials, and supersedes all prior and contemporaneous agreements, representations, and understandings between us. No waiver of any of the provisions of this Agreement by Shawn Penoyer, LLC shall be deemed, or shall constitute, a waiver of any other provision, whether or not similar, nor shall any waiver constitute a continuing waiver. No waiver shall be binding unless executed in writing by Shawn Penoyer, LLC.

NOTICES

All notices, requests, demands, and other communications under this Agreement shall be in writing and properly addressed as follows:

ANTI-CORRUPTION AND BRIBERY POLICY

Shawn Penoyer, LLC is committed to conducting business with integrity, transparency, and fairness across all services we provide, including chandelier installation. We maintain a zero-tolerance policy toward bribery and corruption in any form.

No employee, contractor, agent, or representative of Shawn Penoyer, LLC may offer, give, request, or accept bribes, kickbacks, improper payments, gifts, or anything of value intended to improperly influence a business decision or secure an undue advantage. Modest, lawful, and infrequent hospitality may be acceptable only if it is not intended to influence decision-making.

We comply with all applicable local, state, and federal anti-corruption and anti-bribery laws and expect the same from our suppliers, subcontractors, and business partners. Any suspected violation must be reported to management promptly; retaliation against good-faith reports is strictly prohibited.

GOVERNING LAW; VENUE; MEDIATION

This Agreement shall be construed in accordance with, and governed by, the laws of the State of Georgia. The exclusive venue for any arbitration or court proceeding based on or arising out of this Agreement shall be DeKalb County, Georgia. Except with regard to late payment on invoices as described above, the parties agree to attempt to resolve any dispute, claim, or controversy arising out of or relating to this Agreement by mediation, which shall be conducted under the then current mediation procedures of The Justice Center of Atlanta or any other procedure upon which the parties may agree. The parties further agree that their respective good faith participation in mediation is a condition precedent to pursuing any other available legal or equitable remedy, including litigation, arbitration, or other dispute resolution procedures.

RECOVERY OF LITIGATION EXPENSES

If any legal action or any arbitration or other proceeding is brought for the enforcement of this Agreement, or because of an alleged dispute, breach, default, or misrepresentation in connection with any of the provisions of this Agreement, the successful or prevailing party or parties shall be entitled to recover reasonable attorney’s fees and other costs incurred in that action or proceeding, in addition to any other relief to which it or they may be entitled.

SEVERABILITY

If any term, provision, covenant, or condition of this Agreement is held by an arbitrator or court of competent jurisdiction to be invalid, void, or unenforceable, the rest of the Agreement shall remain in full force and effect and shall in no way be affected, impaired, or invalidated.

ASSIGNMENT

These Terms and Conditions bind and inure to the benefit of the parties’ successors and assigns. These Terms and Conditions are not assignable, delegable, sublicensable, or otherwise transferable by you. Any transfer, assignment, delegation, or sublicense by you is invalid.