DORCHESTER CANOPIES LLC

MASTER SALES AND SERVICE TERMS AND CONDITIONS

Effective Date: August 1, 2026

  1. Applicability and Contract Formation

These Master Sales and Service Terms and Conditions (“Terms”) govern all proposals, quotations, orders, sales, and installation services provided by Dorchester Canopies LLC (“Company”) to the commercial or residential purchaser (“Buyer”). Acceptance of any quotation, issuance of a purchase order, or remittance of a deposit constitutes Buyer's unqualified agreement to these Terms. No salesperson or field representative has authority to alter these Terms orally; any modification requires an express writing signed by an authorized officer of Company. Orders accepted by Company's sales representatives are subject to administrative review and rejection by Company’s main office within three (3) business days of receipt. 

  1. Scope of Deliverables, Permitting, and Engineering
  • Scope: Company shall provide only the specific goods and services itemized on the face of the Quotation. 
  • Permitting & Licenses: Unless explicitly quoted as an included line item, Company does not provide permitting services. Buyer bears sole responsibility for obtaining, paying for, and maintaining all municipal permits, zoning variances, licenses, and regulatory approvals required for installation. 
  • Engineering Calculations: Stamped engineering drawings and structural calculation packages are excluded unless expressly quoted as a separate line item. 
  • Intended Use: Canopies, awnings, and shade structures are intended for solar and shading protection only and are not engineered to support secondary loads. 
  1. Site Conditions and Structural Adjustments

Installation feasibility depends upon underlying building structures. If existing framing, studs, or rafters do not align with intended installation points, Company reserves the right to make minor lateral adjustments to ensure secure anchoring. If adequate structural backing is absent, Company will notify Buyer before proceeding. Any additional engineering, specialized fasteners, structural reinforcement, or extra labor required constitutes an additional charge payable by Buyer. Company is not responsible for disconnecting, altering, or reconnecting electrical, plumbing, HVAC, or gas infrastructure. 

  1. Site Access and Delivery

Buyer shall provide unobstructed access to the work area. If site ingress/egress is inadequate to position vehicles and containers within forty (40) feet of the mounting location, or if physical obstacles require mechanical or structural alterations, additional labor charges will apply. Estimated delivery dates are subject to force majeure events, including acts of God, labor disputes, material shortages, supply chain disruptions, severe weather, transit delays, or Buyer delays. Estimated completion dates shall be extended by the duration of any such delay. 

  1. Non-Cancelability of Custom Orders

All products are custom-manufactured to site specifications. Upon payment of deposit or signature of the Quotation, orders cannot be canceled, altered, or revoked by Buyer without Company’s express written consent. In the event of an unauthorized cancellation, Buyer forfeits all deposits, pays for all work in progress, and remains liable for completed custom fabrications. 

  1. Payment Terms, Late Fees, and Adjustments
  • Deposit and Invoicing: A non-refundable deposit of fifty percent (50%) is required upon quotation acceptance. The remaining balance is due and payable immediately upon substantial completion of installation, or prior to shipment if freight-only. 
  • Late Charges: Delinquent balances accrue a finance charge of 1.5% per month (18% per annum) or the maximum legal rate, whichever is lower. 
  • Payment Methods & Fees: Payments may be made via ACH, certified check, wire transfer, or credit card. Credit card transactions may be subject to a surcharge of up to 4% where permitted by applicable law. A $50.00 administrative fee applies to all returned checks. 
  • Price Escalation: Buyer-induced project delays exceeding thirty (30) days from quote acceptance may result in price adjustments reflecting increases in raw material or labor costs. 
  1. Security Interest, Title, and Default Remedies

Until the purchase price is paid in full, Company retains title to and a purchase-money security interest in all products delivered. Upon Buyer’s default in payment, Company reserves the right, in addition to all other remedies at law or equity, to: 

  • Exercise statutory mechanics’ lien or fixture filing rights against the real property; 
  • Re-enter the premises, to the extent permitted by law without a breach of the peace, and repossess the installed or delivered products (with prior payments treated as liquidated compensation for use, depreciation, and recovery expenses); 
  • Void all express warranties; and 
  • Recover all collection costs, court costs, and reasonable attorneys' fees incurred in enforcing this agreement. 
  1. Inspection and Notice of Defects

Buyer shall inspect the products and installation immediately upon completion. Buyer must notify Company in writing of any claimed variance, nonconformity, or defect within three (3) business days of installation. Failure to provide written notice within three (3) business days constitutes final, irrevocable acceptance of the work as satisfactory. 

  1. Right of Refusal and Site Safety

Company reserves the right to suspend or terminate services without liability if site conditions are deemed unsafe, hazardous, unsanitary, or abusive. If work is suspended due to site safety issues caused by Buyer, Buyer shall forfeit the deposit and pay for all mobilization and labor incurred (minimum one hour per technician). 

  1. Limitation of Liability and Indemnification
  • Waiver of Consequential Damages: Under no circumstances shall Company be liable for special, incidental, indirect, punitive, or consequential damages, including loss of business, lost profits, loss of use, or structural damage resulting from preexisting structural deficiencies. 
  • Indemnification: Buyer shall defend, indemnify, and hold harmless Dorchester Canopies LLC, its officers, employees, and agents from any claims, suits, damages, losses, or expenses (including reasonable attorneys' fees) arising out of site conditions, improper maintenance, unauthorized modifications, or third-party claims relating to the product installation, except to the extent caused by Company's sole gross negligence. 
  1. Limited Warranty

Product warranties are strictly limited to the written terms published at  www.dorchestercanopies.com/warranty. Company makes no other warranties, express or implied, and expressly disclaims the implied warranties of merchantability and fitness for a particular purpose. 

  1. Governing Law, Forum Selection, and Precedence
  • Governing Law: This agreement and all disputes arising hereunder shall be governed by the laws of the Commonwealth of Massachusetts, without regard to conflict of law principles. 
  • Jurisdiction and Venue: Exclusive venue for any legal action arising from this agreement shall lie in the state or federal courts located in Plymouth County, Massachusetts. 
  • Order of Precedence: In the event of an irreconcilable conflict between the terms on the face of a signed Quotation and these Terms, the express commercial terms on the face of the Quotation shall control. These documents constitute the entire integrated agreement between the parties and supersede all prior verbal or written understandings.