Terms and Conditions

1. Overview

The terms “we,” “us,” and “our” mean Shawn Penoyer, LLC, a Georgia limited liability company. “Chandelier Installation” and ChandelierInstallation.net are service names used by Shawn Penoyer, LLC. The “Site” means www.chandelierinstallation.net. The “Portal” means any customer portal, electronic estimate, invoice, payment, scheduling, or document-signing system we make available, including services provided through Zoho or other approved providers.

The terms “customer,” “you,” and “your” include Site visitors, prospective customers, customers, property owners, authorized representatives, designers, contractors, businesses, and any person or entity requesting or purchasing services from us.

These Terms and Conditions apply to Site and Portal use and to requests for quotes, estimates, inspections, property intake, transportation, storage, scheduling, installation, removal, cleaning, repair, crating, delivery, materials, and other services. A project-specific written quote, estimate, invoice, work order, property-intake authorization, storage agreement, Fragile Fixture Liability Acknowledgment, or other signed written agreement may supplement these Terms. If a project-specific signed document expressly conflicts with these general Terms, the project-specific signed document controls for that project.

Electronic acceptance, electronic signatures, online approvals, and electronic payment may be used to form and document agreements. Customers are responsible for reviewing the complete written scope, pricing, payment requirements, and incorporated policies before accepting or signing.

2. Use of the Site and Portal / Purchase of Services

You must be at least eighteen (18) years old and have authority to enter into an agreement for yourself, the property owner, or the business or other entity you represent. You agree to provide accurate information concerning the service address, fixture, ceiling height, access conditions, project scope, ownership or authority, and other facts reasonably necessary to quote or perform the work.

Website pricing, calculators, photographs, FAQs, examples, verbal discussions, text messages, and preliminary price ranges are provided for planning and general information. They do not create a fixed-price obligation unless incorporated into a written estimate, quote, invoice, or work order accepted by Shawn Penoyer, LLC and the customer. We may correct errors, omissions, or outdated information before a project is accepted.

Use of the Site or Portal must comply with applicable law. You may not misuse the Site, submit false information, interfere with its operation, impersonate another person, or use another person’s payment or account information without authorization.

3. Account Creation and Customer Information

You may be asked to provide contact, billing, service-address, account, or project information in order to receive quotes, access customer documents, schedule service, make payments, or communicate through a customer portal. You agree that information you provide will be accurate and reasonably current.

You are responsible for maintaining the confidentiality of any account credentials, access links, or verification codes made available to you and for promptly notifying us if you believe an account or customer document has been accessed without authorization.

4. Lawful Purposes

The Site, Portal, estimates, invoices, and services may be used only for lawful and legitimate residential, commercial, trade, design, property-management, construction, and related purposes. Our services are not limited to non-commercial customers.

If you request services for property you do not personally own, or on behalf of a company, association, landlord, tenant, designer, builder, contractor, insurer, mover, consignee, or other third party, you represent that you have authority to request the work and approve the charges and terms applicable to the services you authorize.

We will not knowingly perform work that we reasonably believe is illegal, unsafe, outside the agreed scope, beyond our permitted service capabilities, or prohibited by building management, property rules, applicable codes, or other lawful requirements.

5. Refusal, Suspension or Termination of Service

All requested services are subject to our acceptance. We reserve the right to refuse, suspend, postpone, or discontinue work when reasonably necessary to protect people, property, our business, or the integrity of the project.

Reasons may include unsafe site or fixture conditions; inadequate ceiling support; electrical conditions requiring a licensed electrical contractor; inaccurate or materially incomplete project information; missing fixtures, parts, hardware, bulbs, instructions, or access; blocked work areas; inability to safely use ladders, scaffolding, lifts, or other equipment; hostile, abusive, threatening, discriminatory, or inappropriate conduct; unpaid balances; refusal to approve necessary additional work; refusal to accept an applicable Fragile Fixture Liability Acknowledgment; an expectation that Shawn Penoyer, LLC assume an undefined replacement, collectible, sentimental, or unverified valuation risk; work requested outside the accepted scope; building or property restrictions; suspected fraud; or any condition that makes completion unsafe, impractical, unlawful, or materially different from what was quoted.

If work must stop because of customer-caused conditions, missing information or materials, denied access, unsafe conditions, or another matter outside our control, applicable reservation payments, travel charges, minimum service charges, setup charges, labor already performed, and other earned or non-refundable amounts remain due. A separate return visit and revised quote may be required.

If Shawn Penoyer, LLC cancels an accepted project for reasons not caused by the customer and does not offer a reasonable rescheduling option, any unearned prepaid service amount will be refunded, excluding completed services, non-returnable materials, special-order items, third-party costs, and other amounts properly earned or non-refundable under the accepted agreement, except where applicable law requires otherwise.

6. Quote Acceptance, Electronic Signature and Appointment Confirmation

Formal project approval generally occurs through a written estimate or quote. The customer must review the scope and pricing, electronically accept the estimate when required, and complete any requested digital signature. Acceptance authorizes only the work expressly listed.

Acceptance or signature of a quote alone does not reserve an appointment. A service date is reserved only after all required approval steps have been completed, the required reservation payment or full advance payment has been received and confirmed, and Shawn Penoyer, LLC has confirmed the appointment.

An invoice may be generated after estimate acceptance. The invoice may display the full approved project balance even when only a smaller reservation payment is required before scheduling. The customer must pay the amount specifically stated in the accepted estimate, invoice, work order, or written payment instructions.

Appointment requests remain subject to availability until confirmed. Dates discussed verbally, by text, email, or through an unconfirmed booking request are not guaranteed. Customers must promptly report any error in a quote, invoice, service address, fixture description, appointment date, or other confirmation information.

7. Scope of Work, Pricing and Changes

All services are provided on an a la carte basis and are limited to the line items, quantities, assumptions, exclusions, and written notes contained in the accepted quote, estimate, invoice, work order, or customer service agreement. A service that is not specifically listed is not included merely because it may be related to the project.

Common separate services may include fixture removal, assembly, crystal installation, cleaning, repairs, bulb installation, dimmer work, ceiling medallions, ceiling box replacement, security cables, attic access, ceiling reinforcement, scaffolding or lift access, transportation, pickup, delivery, crating, storage, disposal, parts sourcing, return visits, and other specialty work.

Pricing is based on the information available when the quote is prepared, including fixture dimensions, weight, condition, ceiling height, location, access, assembly requirements, quantity, support conditions, travel, and expected scope. If those facts are inaccurate, incomplete, or change, or if concealed conditions are discovered after work begins, we may pause the project and provide revised pricing before additional work proceeds.

Bundled or multi-item pricing is based on completing the quoted scope during the planned service visit or project sequence. If the customer later removes items, reduces the scope, separates work into additional visits, delays a portion of the project, or changes access or scheduling conditions, remaining line-item pricing may be recalculated to reflect travel, setup, minimum service requirements, equipment, and reserved time.

No employee or contractor is required to perform unapproved additional work. Where practical, additional services will be explained and quoted before proceeding. Emergency safety measures reasonably necessary to protect people or property may be taken when immediate customer approval cannot reasonably be obtained, but no elective additional work will be performed without authorization.

8. Return Visit / Rebooking and Change-of-Scope Charge

Pricing and scheduling are based on the fixture locations, ceiling heights, site conditions, customer instructions, and scope approved at the time of booking. Customers are responsible for confirming that fixture placement, project design, required parts, and installation decisions are finalized before the scheduled service appointment.

If we arrive for a scheduled appointment and the quoted work cannot be completed because the customer changes the fixture location, project layout, installation plan, or scope; required fixtures or parts are unavailable; the work area is inaccessible or unprepared; access is denied; or other customer-controlled conditions prevent completion, the scheduled visit is considered used.

A minimum $295 Return Visit / Rebooking Charge will apply to a subsequent appointment. Additional labor, high-ceiling access, equipment, materials, structural or electrical work, or other changes to the original scope will be quoted separately and are in addition to the rebooking charge. If the revised scope materially differs from the accepted quote, a supplemental quote or change order must be approved before additional work is performed.

The Return Visit / Rebooking Charge does not apply when a return visit is required solely because of an error or failure attributable to Shawn Penoyer, LLC.

RETURN VISIT / REBOOKING AND CHANGE-OF-SCOPE CHARGE

Pricing and scheduling are based on the fixture locations, ceiling heights, site conditions, customer instructions, and scope approved at the time of booking. Customers are responsible for confirming that fixture placement, project design, required parts, and installation decisions are finalized before the scheduled service appointment.

If we arrive for a scheduled appointment and the quoted work cannot be completed because the customer changes the fixture location, project layout, installation plan, or scope; required fixtures or parts are unavailable; the work area is inaccessible or unprepared; access is denied; or other customer-controlled conditions prevent completion, the scheduled visit is considered used.

A minimum $295 Return Visit / Rebooking Charge will apply to a subsequent appointment. Additional labor, high-ceiling access, equipment, materials, structural or electrical work, or other changes to the original scope will be quoted separately and are in addition to the rebooking charge.

If the revised scope materially differs from the accepted quote, a supplemental quote or change order must be approved before additional work is performed.

The Return Visit / Rebooking Charge does not apply when a return visit is required solely because of an error or failure attributable to Shawn Penoyer, LLC.

9. Cancellation and Rescheduling

A project-specific non-refundable reservation payment, or in some cases full advance payment, is required before an appointment is confirmed. The amount and payment requirement are stated in the applicable estimate, invoice, work order, or written instructions. Unless otherwise stated, a reservation payment is applied toward the approved project balance.

Customer cancellation. Reservation payments are non-refundable when the customer cancels the project, except where a refund is required by applicable law or expressly approved in writing by Shawn Penoyer, LLC. Completed services, special-order materials, custom fabrication, purchased materials, third-party charges, and other earned or expressly non-refundable amounts are not refundable.

Rescheduling with at least 48 hours notice. A customer who requests rescheduling at least forty-eight (48) hours before the confirmed appointment may generally transfer the existing reservation payment to a new available appointment for the same substantially unchanged project. Rescheduling is subject to calendar availability, current pricing if the scope changes, and any project-specific written terms.

Late rescheduling, no-show, denied access, or project not ready. If rescheduling is requested with less than forty-eight (48) hours notice, or if the work cannot proceed because the customer is unavailable, access is denied, the fixture has not arrived, required parts are missing, the work area is not prepared, site conditions materially differ from what was represented, or other customer-controlled readiness requirements are not satisfied, the reservation payment may be forfeited and a new reservation payment may be required.

Company rescheduling. If Shawn Penoyer, LLC must reschedule, the customer’s reservation payment remains applied to the project and transfers to the replacement appointment. If we cancel the project and do not offer a reasonable replacement date, unearned prepaid service amounts will be handled as stated in these Terms and the Refund and Cancellation Policy.

Nothing in this section limits a cancellation or refund right that cannot lawfully be waived.

10. Refunds, Completed Services and Non-Refundable Amounts

Payments for completed labor and services are non-refundable. Reservation payments are non-refundable except where applicable law requires otherwise or Shawn Penoyer, LLC expressly agrees in writing. Special-order or custom materials, fabrication, purchased parts, third-party charges, priority or expedited scheduling charges, and other amounts identified as non-refundable are also non-refundable once incurred or committed.

If a customer-provided chandelier, light fixture, bulb, dimmer, driver, transformer, control, or other component is defective, incompatible, damaged, incomplete, or later fails, completed installation labor is not refunded. Removal of the defective item, a return visit, troubleshooting, replacement, reinstallation, repair, or other corrective work is a separate service unless the problem was caused by our failure to perform the originally quoted service with reasonable care.

Approved refunds, if any, are processed according to our Refund and Cancellation Policy and may require processing time by banks or payment providers. Any non-waivable statutory cancellation or refund right controls over inconsistent language in these Terms.

11. Light Fixture Installation, Removal, Cleaning and Related Services

Chandelier and light-fixture services may include installation, replacement, removal, assembly, crystal installation, cleaning, adjustment, repair, or related work only when specifically included in the accepted scope. Unless separately quoted, standard installation does not include new circuits, panel work, concealed rewiring, major electrical relocation, structural engineering, permits, extensive drywall repair, painting, attic reconstruction, or other work outside the agreed service.

We are not a licensed electrical contractor. If conditions are discovered that require work outside the type of fixture replacement, connection, mounting, or related service we are prepared or permitted to perform, we may require the customer to retain a licensed electrician, engineer, builder, drywall contractor, painter, or other qualified trade before the project can continue.

Ceiling outlet boxes, framing, anchors, brackets, support systems, existing wiring, switches, dimmers, and other concealed building components cannot always be evaluated from photographs or before an existing fixture is removed. We will not knowingly install a fixture on support we reasonably determine to be unsafe. Ceiling box replacement, reinforcement, security cables, attic access, specialty mounting, or other corrective work is separately chargeable unless already included.

Bulbs, dimmers, remotes, controllers, chain, rods, lamp wire, canopy components, mounting hardware, replacement crystals, and other accessories are customer-supplied unless specifically listed as supplied by us. Bulb installation, unpacking, assembly, crystal dressing, cleaning, modifications, disposal, and other labor are not included unless identified in the quote.

Cleaning scope depends on the purchased service. Spray-drip or other exterior cleaning does not include disassembly, removal of crystals, restoration, polishing of metal finishes, rewiring, structural repair, or hand cleaning unless specifically quoted. Older, antique, heavily soiled, damaged, oxidized, or previously repaired fixtures may require additional services or multiple visits.

12. Light Fixture Pickup, Handling, Transportation and Delivery

Pickup, loading, transportation, delivery, removal from a showroom, disassembly, packing, crating, storage, reassembly, and installation are separate services unless specifically combined in a written quote. Pricing depends on distance, fixture size and weight, condition, whether the fixture is boxed or assembled, access, required personnel, equipment, and the handling method.

Customer-owned chandeliers and decorative fixtures may be fragile, aged, pre-owned, repaired, incomplete, improperly packed, or structurally compromised. We may decline transportation if we cannot safely control the handling process or if the fixture is not reasonably prepared for transport. Specialty suspension, padding, crating, partial disassembly, or additional personnel may be required and quoted separately.

For store, antique-shop, resale, consignment, mover, designer, or third-party pickups, the customer is responsible for confirming ownership or release authorization and for verifying before pickup that the fixture is the correct item and that all intended parts, crystals, arms, canopy pieces, chain, mounting hardware, electrical leads, remotes, instructions, and other components are included. Unless inspection is specifically purchased as a service, accepting an item for transport does not constitute an appraisal, completeness inspection, or warranty of the seller’s representations.

If the customer transports a chandelier or fixture personally, all damage occurring before the fixture enters our custody remains the customer’s responsibility. Customers are encouraged to inspect the fixture before accepting it from a seller and again after transport. A fixture damaged, bent, loosened, or rendered incomplete during customer or third-party transportation may require a revised installation or repair quote.

13. Payment, Reservation Requirements and Past-Due Balances

Reservation payment. A non-refundable reservation payment or full advance payment is required before a service appointment is confirmed. The required amount is stated in the applicable estimate, invoice, work order, or written payment instructions and may vary by service, project value, materials, scheduling requirements, risk, and scope. Certain services, including cleaning, crating, custom fabrication, specialty procurement, expedited work, or other custom projects, may require full payment before scheduling.

Appointment confirmation. Approval or signature of an estimate does not, by itself, reserve a date. The required payment must be received and the appointment must be confirmed by Shawn Penoyer, LLC. Payment submitted for an unconfirmed date does not guarantee that specific date if it has already become unavailable.

Final balance. Unless a different written payment schedule applies, the remaining balance is due immediately upon completion of the scheduled services and before our personnel depart the property or job site. We do not extend credit unless expressly agreed in writing.

Late payment. Unless waived in writing or prohibited by applicable law, a $35.00 late-payment/administrative fee will be added if payment that is due at completion is not received before our team departs the property. Additional past-due balances may be subject to reasonable collection costs, interest or late charges only to the extent stated in the applicable invoice or agreement and permitted by law.

Payment methods. Payment may be made using the methods displayed on the invoice, customer portal, secure online checkout, or otherwise approved by Shawn Penoyer, LLC. Available processors and payment methods may change. Any transaction or convenience fee charged to the customer will be disclosed before payment when applicable.

Additional work. Approved change orders, added services, parts, materials, return visits, storage, transportation, or other additional charges may be invoiced separately or added to the project balance. Payment of a reservation amount does not cap the final invoice when the customer approves additional work or when the accepted quote expressly allows adjustment for changed or concealed conditions.

Nothing in this section limits any payment, cancellation, or refund right that cannot lawfully be waived.

14. Fixtures, Materials and Delivery

Unless otherwise specified in writing, Shawn Penoyer, LLC does not manufacture the customer’s chandelier or fixture and is not the seller of customer-supplied products. Customers are responsible for purchasing the correct fixture and ensuring that all customer-supplied fixtures, parts, accessories, hardware, bulbs, remotes, controls, chain, rods, wire, instructions, and other materials required for the project are available at the service location when needed.

Customers should inspect shipments for obvious damage and confirm that all boxes have been received. Unless inspection or assembly has been specifically requested, customers should avoid fully unpacking fragile or complex chandeliers in a manner that scatters, loses, bends, or damages components before our arrival. Manufacturer packaging, instructions, spare crystals, and hardware should be retained until installation has been completed and the fixture has been tested.

We do not warranty or guarantee the quality, condition, completeness, merchantability, electrical performance, structural integrity, compatibility, finish, color, dimensions, or manufacturer specifications of customer-supplied fixtures or components. Defects, missing pieces, concealed damage, seller misrepresentation, shipping damage, incompatible parts, or manufacturer failures may delay or prevent installation and may require additional billable services.

If Shawn Penoyer, LLC is requested to source, order, or supply replacement parts or materials, those items will be quoted separately. Special-order, custom, cut-to-length, fabricated, non-returnable, or specifically procured materials generally require payment in advance and are non-refundable once ordered, fabricated, or committed, except where applicable law requires otherwise.

Supplier, manufacturer, freight, shipping-carrier, customs, inventory, or third-party delays are outside our control and may affect scheduling. Return visits, additional labor, storage, handling, or project changes resulting from missing, delayed, defective, incorrect, or incompatible customer or third-party materials are separately chargeable unless caused by our own error.

If Shawn Penoyer, LLC takes possession of customer-owned property for pickup, transportation, inspection, evaluation, quotation, repair, cleaning, storage, delivery, or installation, the Customer-Owned Property, Temporary Custody and Storage provisions of these Terms also apply.

15. Customer-Owned Property, Temporary Custody and Storage

When Shawn Penoyer, LLC accepts customer-owned property for inspection, pickup, removal, repair handling, cleaning, packing, crating, transportation, storage, delivery, or later installation, the customer remains the owner of the property and is responsible for disclosing known damage, missing parts, special value, prior repairs, fragility, storage requirements, and handling restrictions.

Temporary custody, storage, packing, boxing, crating, or transport is limited to the written scope accepted for the project. We may document condition, components, packaging, and transfer points through photographs, video, notes, labels, or intake records. Unless a separate written inventory or appraisal service is purchased, accepting property does not mean we have verified completeness, authenticity, origin, age, value, or replacement availability.

Customer-owned property must be picked up, accepted for delivery, or otherwise transferred as agreed. Storage, handling, return delivery, additional visits, and related charges may apply when customer delays, access restrictions, missing authorization, or changed instructions extend custody beyond the agreed scope.

Fragile, antique, Murano, crystal, inherited, sentimental, high-value, or difficult-to-replace property may require a project-specific Fragile Fixture Liability Acknowledgment before we accept or continue handling, storage, transport, disassembly, packing, repair handling, or reinstallation.

16. Insurance and Property Coverage

Shawn Penoyer, LLC maintains business insurance and may provide a Certificate of Insurance for qualifying projects when required. The customer or property owner is responsible for maintaining active homeowner, condominium, renters, landlord, commercial property, building, or other appropriate insurance covering the premises and customer-owned property.

Customer/property insurance is the primary source to which any covered property damage claim should be submitted first, subject to the actual terms, exclusions, limits, deductibles, and determinations of the applicable insurance carrier. After the customer's applicable insurer has reviewed the claim, any remaining question involving Shawn Penoyer, LLC's commercial insurance is subject to applicable law, the customer's policy, our policy, and the determinations of the applicable insurance carriers.

Shawn Penoyer, LLC’s insurance is subject to its own policy terms, conditions, exclusions, deductibles, limits, insurer determinations, and other-insurance provisions. Nothing in these Terms creates insurance coverage, increases policy limits, changes the priority between insurers, makes Shawn Penoyer, LLC an insurer of customer property, or requires an insurer to pay a claim that is not covered under its policy.

Customers with chandeliers, artwork, antiques, collections, or other property having unusual financial, historical, sentimental, collectible, custom, or difficult-to-replace value should consult their own insurance professional before work begins and obtain any appropriate scheduled-property endorsement, valuable-articles rider, inland-marine coverage, cargo coverage, or similar insurance rider needed to cover removal, handling, repair, storage, transport, packing, crating, or installation.

17. Workmanship, Customer-Supplied Products and Warranty Limitations

Any specific workmanship warranty or service guarantee offered for a project must be stated in the accepted written quote, invoice, work order, or other written warranty. General marketing statements do not expand a project-specific written warranty.

Shawn Penoyer, LLC does not provide a manufacturer warranty for fixtures, bulbs, LED drivers, transformers, dimmers, remotes, controls, motors, lifts, electronics, replacement parts, or other products manufactured or supplied by third parties. Any manufacturer warranty belongs to the customer subject to the manufacturer’s terms.

We do not warrant pre-existing electrical systems, junction boxes, ceiling framing, concealed supports, customer-supplied parts, prior repairs, antique or vintage components, manufacturer defects, material fatigue, corrosion, oxidation, finish changes, normal wear, bulbs, consumables, or conditions outside our control.

If a customer-supplied fixture is installed and later proves defective, incompatible, incomplete, or nonfunctional for reasons unrelated to our workmanship, the completed installation remains billable. Any return visit, troubleshooting, removal, repair, or replacement installation is a separate service unless otherwise agreed in writing.

To the fullest extent permitted by law, all implied warranties not expressly required by law are disclaimed. Nothing in this section limits liability or warranty obligations that cannot lawfully be disclaimed.

18. Intellectual Property

The Site, Portal, policies, templates, photographs, videos, service descriptions, written materials, and other content we provide contain intellectual property owned by Shawn Penoyer, LLC or licensed for our use. You may not copy, modify, publish, distribute, display, reproduce, sell, or create derivative works from our intellectual property without prior written consent, except for personal use relating to your own project documents.

19. Changed Terms and Policy Updates

We may update these general Terms and Conditions and related website policies from time to time. Updated terms apply prospectively to later Site or Portal use and to later transactions after they are posted or otherwise provided to the customer.

Unless a signed project document expressly incorporates later revisions, a website update does not retroactively change the agreed price or material obligations of an already accepted project. For an accepted project, the version of these Terms incorporated into or reasonably available with the accepted quote, estimate, invoice, work order, or other project agreement, together with any later written change order signed or approved by the parties, governs that project.

We may update non-contractual website information, scheduling availability, published pricing examples, FAQs, payment methods, and service descriptions at any time, provided that an accepted project-specific written agreement controls in the event of an express conflict.

20. Safety, Site Readiness and Access

The customer must provide a reasonably safe, accessible work environment and disclose known hazards before service. The installation or service area and access path must be cleared of furniture, rugs, artwork, decor, valuables, fragile items, and other obstructions unless moving such items is specifically included in the quote. Children, pets, occupants, guests, and other contractors must remain clear of active ladders, scaffolding, tools, electrical work areas, glass, crystals, and equipment.

The customer must provide necessary parking, loading access, gate codes, elevator reservations, building permissions, front-desk instructions, attic access, electrical-panel access, water access for cleaning when required, and other site access identified for the project. Additional charges may apply when undisclosed access restrictions, parking requirements, stairs, elevators, long carries, high-rise rules, or other conditions materially increase the work.

We may stop or postpone work when weather, flooring, structural conditions, electrical conditions, ceiling support, access, occupant activity, building restrictions, or other circumstances create an unreasonable safety risk. We are not required to place ladders, scaffolding, or equipment where adequate footing, clearance, or safe setup cannot be achieved.

The customer must notify us before service of unusually delicate flooring, wall finishes, artwork, furniture, alarms, security systems, sprinkler systems, pets, medical conditions, restricted areas, or other property conditions requiring special precautions. Reasonable protective measures will be used, but ordinary access and setup may involve movement of tools, ladders, scaffold components, carts, packaging, and equipment through the property.

21. Limitation of Liability

To the fullest extent permitted by applicable law, Shawn Penoyer, LLC will not be liable for indirect, incidental, special, exemplary, punitive, or consequential damages, including loss of use, lost profits, lost business, loss of revenue, diminution in value unrelated to direct physical damage, or other consequential economic losses arising from a service, delay, product defect, third-party act, or customer-provided condition.

We are not responsible for losses caused by manufacturer defects; defective or incompatible customer-supplied products; concealed building conditions; pre-existing damage; aged, brittle, weakened, repaired, or fatigued fixture components; third-party sellers, movers, carriers, contractors, payment processors, or manufacturers; customer misinformation; customer or third-party transportation; or work performed by others before or after our services, except to the extent a loss is directly caused by our failure to exercise the level of care required by applicable law.

For ordinary contract or negligence claims that may lawfully be limited, any contractual limitation will be applied only to the fullest extent permitted by law and in conjunction with the Insurance and Property Coverage section above. Nothing in these Terms excludes or limits liability for gross negligence, willful or wanton misconduct, fraud, or any other liability that applicable law does not permit the parties to waive or limit.

Customers must promptly notify us of any claimed damage or service issue and provide a reasonable opportunity to inspect the condition before repairs, alterations, disposal, or corrective work by others materially changes the evidence, except where immediate action is reasonably necessary to protect people or property.

22. Third-Party Products, Services and Resources

The Site, Portal, estimates, invoices, and project communications may reference or use third-party services, including manufacturers, suppliers, payment processors, booking platforms, shipping carriers, movers, consignment stores, designers, contractors, insurers, financial institutions, maps, review platforms, and other providers. We do not control and are not responsible for the independent acts, omissions, policies, availability, representations, warranties, delays, or failures of those third parties.

A recommendation, link, product reference, or coordination effort does not make Shawn Penoyer, LLC the seller, manufacturer, insurer, guarantor, or agent of an independent third party unless expressly stated in writing. Customers remain responsible for reviewing third-party terms, warranties, product specifications, return policies, and insurance coverage applicable to their purchase or property.

23. Indemnification

To the extent permitted by applicable law, the customer agrees to indemnify and hold Shawn Penoyer, LLC and its members, employees, contractors, and agents harmless from third-party claims, losses, or reasonable costs arising from the customer’s material breach of these Terms; false or materially inaccurate information supplied by the customer; the customer’s lack of authority to order work; unsafe conditions under the customer’s control that were not disclosed; customer or third-party handling or transportation; or claims concerning customer-supplied property, products, instructions, or work performed by persons other than Shawn Penoyer, LLC.

This indemnification obligation does not require the customer to indemnify Shawn Penoyer, LLC for losses to the extent caused by Shawn Penoyer, LLC’s own gross negligence, willful or wanton misconduct, fraud, or other conduct for which indemnification cannot lawfully be required.

24. Photographs, Video and Project Documentation

We may photograph or video-record customer-owned fixtures, packaging, parts, work areas, ceiling conditions, access conditions, existing damage, completed work, vehicle loading or unloading, and other project details for documentation, quality control, training, safety, insurance, dispute prevention, and business records. Our vehicles or personnel may also use ordinary security or dash-camera systems.

We will not intentionally record private conversations to which we are not a party or intentionally photograph private areas unrelated to the work. We will use reasonable efforts to avoid publishing personally identifying information, documents, addresses, license plates, children, or private customer information.

Non-identifying photographs or video of fixtures and completed work may be used in our portfolio, website, educational materials, or social media unless the customer provides a written request before service asking that project images not be used for marketing. Separate express permission will be obtained before intentionally using a customer’s recognizable likeness or testimonial in advertising when such permission is reasonably required. See also our Privacy Policy.

25. Effect of Headings

The subject headings are included for convenience only and do not affect the construction or interpretation of these Terms.

26. Entire Agreement; Document Priority; Waiver

These Terms and Conditions, together with the applicable accepted quote, estimate, invoice, work order, property-intake authorization, storage agreement, Fragile Fixture Liability Acknowledgment when applicable, Refund and Cancellation Policy, and any written change order expressly incorporated into the project, constitute the agreement concerning the applicable services.

If documents conflict, a project-specific signed or electronically accepted quote, estimate, invoice, work order, storage agreement, or written change order controls over inconsistent general website language for that project. A later written modification expressly accepted by both parties controls over an earlier inconsistent term.

Verbal discussions, preliminary estimates, text messages, website examples, and informal statements do not modify an accepted written agreement unless the parties clearly approve the modification in writing. Failure by Shawn Penoyer, LLC to enforce a provision on one occasion does not waive that provision or any other provision on a later occasion.

27. Notices and Customer Communications

Routine project communications, estimates, invoices, scheduling notices, payment reminders, change requests, readiness instructions, and other ordinary business communications may be delivered by email, text message, telephone, customer portal, electronic invoice system, booking platform, or other contact method supplied by the customer.

The customer is responsible for maintaining current contact information and monitoring communications relating to an active project or customer-owned property in our custody. A communication sent to the last email address, telephone number, or mailing address supplied by the customer may be relied upon for ordinary business purposes.

Where these Terms, a separate agreement, or applicable law requires certified mail, statutory overnight delivery, personal delivery, or another formal method, the specifically required method will control instead of ordinary electronic communication.

Shawn Penoyer, LLC
1261 Lavista Road NE #H4
Atlanta, GA 30324-3854
shawn@chandelierinstallation.net

28. Anti-Corruption and Bribery Policy

Shawn Penoyer, LLC is committed to conducting business with integrity, transparency, and fairness across all services we provide. 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.

29. Governing Law; Venue; Good-Faith Dispute Resolution

These Terms and any project agreement are governed by the laws of the State of Georgia, without regard to conflict-of-law principles, except to the extent federal law or another non-waivable law applies.

Before filing litigation concerning a service dispute, the parties agree to make a good-faith effort to communicate directly and, when reasonably appropriate, to attempt mediation in DeKalb County, Georgia with a mutually acceptable mediator. This requirement does not prevent either party from pursuing collection of undisputed amounts, filing an insurance claim, preserving a statute of limitation, seeking emergency injunctive relief, or using another remedy that cannot reasonably await mediation.

Subject to any non-waivable jurisdiction or venue requirement, the parties agree that courts located in DeKalb County, Georgia will be the preferred venue for disputes arising from these Terms or services provided by Shawn Penoyer, LLC.

30. Recovery of Enforcement and Litigation Expenses

To the extent permitted by applicable law and the controlling project agreement, a prevailing party in an action or proceeding to enforce these Terms or an accepted project agreement may seek recovery of reasonable attorney’s fees, court costs, collection costs, and other recoverable expenses in addition to any other relief available by law.

31. Severability

If any term, provision, covenant, or condition is held by a court or other tribunal of competent jurisdiction to be invalid, void, or unenforceable, the remainder will remain in effect to the fullest extent permitted by law.

32. Assignment

These Terms bind and inure to the benefit of the parties’ successors and permitted assigns. The customer may not assign, delegate, sublicense, or otherwise transfer rights or obligations under these Terms or an accepted project agreement without prior written consent from Shawn Penoyer, LLC. Any unauthorized transfer is invalid.