These Terms & Conditions ("T&C") govern all orders placed with Oltre Castings and Design ("Oltre," "we," "us," "our") for the manufacture, shipment, delivery, and/or installation of cast stone, cast limestone, and GFRC products. By placing an order, the Client ("you," "your," "Customer") agrees to be bound by these T&C.

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PART A: GENERAL TERMS (ALL ORDERS)

1. Quotes, Orders, and Payments

Quotes and Validity: Written quotations are valid for 30 days from the date of issuance unless otherwise stated. Oltre reserves the right to adjust pricing if material or other costs change significantly prior to order confirmation.

Order Confirmation: An order is deemed binding upon the earliest of:

• A signed quote or proposal;
• Receipt of a deposit or full payment (as applicable); or
• A purchase order referencing Oltre's quote.

Payment Methods: We accept credit cards, bank transfers, and checks. Payments made by credit card may be subject to a processing surcharge of up to 3%, where permitted by law.

Card on File Authorization: By providing a credit or debit card for payment, the Client authorizes Oltre Castings and Design to securely store the card information and charge the card for: (a) the deposit and/or balance due under the applicable quote or proposal; (b) any approved change orders or additional services; and (c) any outstanding balance that becomes past due per the terms of the applicable invoice. The Client will receive an invoice or receipt for each charge processed. The Client may revoke this authorization at any time by providing written notice to Oltre, provided all outstanding balances are paid in full.

Late Payments: Any overdue balance may incur interest at 1.5% per month on the outstanding amount, or the maximum rate permitted by Oregon law, whichever is less. Oltre may suspend or delay manufacturing, shipment, or installation until full payment is received. In the event of non-payment, the Client is responsible for all collection costs, including reasonable attorney fees.

2. Manufacturing and Lead Times

Standard manufacturing lead time is approximately 6 weeks from the date the order becomes binding and all design details are finalized. Expedited production is available at an additional cost of $1,050 and reduces the lead time to approximately 4 weeks.

Oltre will notify you of any significant delays, including those caused by supply chain disruptions or force majeure events.

Products may require design adjustments to ensure safe handling, shipping, or installation. Oltre will seek your approval for any material design changes prior to production.

Dimensional Tolerance: All dimensions are nominal. Manufactured products may vary by up to +/- 1/4 inch from specified dimensions. Such variations are within industry standards and are not considered defects.

3. Design Approval and Client Sign-Off

Oltre is pleased to offer professional guidance, recommendations, and design input throughout the project. However, the Client acknowledges and agrees to the following:

• All design decisions, including but not limited to style, dimensions, finish, stone profile, color, hearth configuration, and layout, are ultimately the responsibility of the Client.
• Oltre may provide professional opinions and recommendations upon request. These recommendations are offered in good faith based on our experience but do not constitute a guarantee of aesthetic satisfaction.
• The Client is responsible for reviewing and approving all design renderings, shop drawings, and material samples before production begins.
• Once the Client provides written approval (via email, signed drawing, or signed quote) of the final design, Oltre is not liable for dissatisfaction with the approved design choices.
• Any design changes requested after written approval has been given, or after production has begun, may result in additional charges and extended lead times.

By placing an order, the Client confirms that all design selections reflect their own preferences and that they accept full responsibility for the aesthetic outcome of approved designs.

Natural Material Variations: Cast stone, cast limestone, and GFRC are manufactured products that may exhibit minor, natural variations in color, texture, veining, and surface finish. Samples, renderings, and photographs are representative only and do not guarantee an exact match. Such variations are inherent to the product and are not considered defects.

4. Change Orders

Any modifications to the approved design, scope, or schedule after written approval or after production has begun must be submitted in writing and approved by both parties. Change orders may result in additional charges, extended lead times, and a revised payment schedule. No verbal change orders will be honored.

5. Cancellations and Refunds

• Custom Products: Once production has started, deposits and payments are non-refundable for the custom portion of the order.
• Standard Products: If production has begun, partial refunds may be available based on work completed at the time of cancellation.
• Installation or shipping fees already incurred (labor, scheduling, carrier charges, materials procurement) are non-refundable.
• All cancellation requests must be submitted in writing.

6. Warranty

One-Year Limited Warranty: Oltre warrants its products against defects in materials and workmanship for one (1) year from the date of delivery or installation, whichever applies.

This warranty does not cover damage caused by misuse, negligence, accidents, improper maintenance, unauthorized modifications, settling, or structural failures unrelated to our products or installation.

Warranty Conditions by Order Type:

• Installation Orders: The warranty is valid only if Oltre performs the installation. If the Client or a third party alters, moves, or modifies the installed product after our installation, the warranty is void.
• Shipping-Only Orders: If Oltre does not perform the installation, the warranty covers manufacturing defects only. Oltre cannot guarantee product integrity under unknown installation conditions, and the warranty does not extend to damage caused by third-party installation.

7. Code Compliance and Third-Party Appliance Clearances

Oltre manufactures, and where contracted installs, decorative cast stone, cast limestone, and GFRC surrounds, mantels, hearths, and related architectural components. Oltre's product is a facing material. Compliance with building codes, fire codes, local ordinances, and the published installation requirements of any third-party appliance — including but not limited to gas, wood-burning, electric, pellet, or ventless fireplaces, inserts, stoves, and their flue assemblies — is the responsibility of the Client and, as applicable, the Client's builder, general contractor, and/or licensed appliance installer.

Appliance Manufacturer's Manual Controls. Where Oltre's product is installed adjacent to a fireplace, insert, stove, or other heat-producing appliance, the clearance dimensions — including the minimum vertical distance above the firebox opening, the maximum horizontal projection of mantels and mantel legs, hearth extension depths, wall-protection requirements, and any air-gap requirements to adjacent combustibles — are published by the appliance manufacturer in that appliance's installation manual and are governed by the appliance's UL or equivalent safety listing. Those dimensions are coordinated between the project builder, the appliance installer, and the Client. They are not properties of Oltre's material and are not within Oltre's scope of certification or responsibility.

Material Performance vs. Installation Geometry. Oltre will, upon request, provide written documentation of its material composition and thermal performance to assist the Client in addressing inspector questions concerning non-combustibility. Oltre does not certify installation clearances, installation geometry, or compliance with any appliance manufacturer's published clearance tables. Any recommendation or guidance offered by Oltre regarding mantel profile, projection depth, vertical placement, or code interpretation is professional design input only and does not transfer responsibility for code compliance to Oltre.

Permits and Inspections. Obtaining required permits and passing municipal, county, or third-party inspections is the Client's responsibility. Oltre is not responsible for delays, costs, rework, or remediation arising from:

• Clearance dimensions between Oltre's product and a third-party appliance that fail to satisfy the appliance manufacturer's published clearance tables;
• Local code interpretations by an Authority Having Jurisdiction;
• Site conditions, framing, or appliance installation performed by parties other than Oltre;
• Changes in code, manual revision, or AHJ policy after the order becomes binding.

Remediation of Clearance Non-Conformance. If a finished installation fails inspection because its geometry does not satisfy the appliance manufacturer's clearance requirements, remediation is the Client's responsibility. Where the Client elects to modify, re-install, or replace Oltre's product as part of that remediation, Oltre will quote that work as a separate change order. The original purchase price of the product is not refundable on this basis, and Oltre's warranty does not cover product loss arising from clearance-driven modification.

8. Limitation of Liability

Oltre is not liable for any indirect, incidental, special, or consequential damages (including lost profits) arising from the manufacture, shipment, delivery, installation, or use of our products. In all cases, Oltre's maximum liability is limited to the total amount paid by the Client for the specific order in dispute.

9. Force Majeure

Oltre is not responsible for delays or inability to perform caused by events beyond our reasonable control, including but not limited to natural disasters, pandemics, strikes, raw material shortages, supply chain disruptions, carrier delays, or building delays caused by other trades.

10. Governing Law and Dispute Resolution

These T&C are governed by the laws of the State of Oregon, without regard to conflicts of law principles. Any dispute arising hereunder shall be resolved in the courts located in Marion County, Oregon, unless both parties agree to alternative dispute resolution.

11. Entire Agreement

These T&C, together with any signed quote, proposal, or purchase order, represent the entire agreement between the Client and Oltre regarding the manufacture, shipment, and/or installation of Oltre's products. No other terms, conditions, or representations apply unless agreed to in writing by both parties.

12. General Provisions

Severability: If any provision of these T&C is held invalid or unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect.

Waiver: Oltre's failure to enforce any provision of these T&C shall not constitute a waiver of that provision or the right to enforce it in the future.

Photography and Portfolio: The Client grants Oltre permission to photograph the completed installation for use in Oltre's portfolio, website, social media, and marketing materials. No personally identifiable information will be published without additional consent.

Lien Rights: Oltre reserves all rights under Oregon's Construction Lien Law (ORS Chapter 87), including the right to file a construction lien for unpaid balances related to materials furnished or installation services performed.

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PART B: SHIPPING AND DELIVERY (SHIPPING-ONLY ORDERS)

The following terms apply when the Client orders products for shipment/delivery only, without Oltre installation services.

13. Payment for Shipping-Only Orders

For shipping-only orders, full payment is required before production and shipment are scheduled.

14. Shipping and Delivery

Carrier: Orders typically ship via FedEx Freight (LTL freight) or a comparable carrier. Delivery times range from 4 to 8 business days after pickup from our facility.

Title and Risk of Loss: Title and risk of loss pass to the Client upon delivery of the product to the carrier at Oltre's facility (FOB Origin). Oltre's provision of "Free Shipping" refers to Oltre covering freight costs only and does not alter the transfer of title or risk of loss.

Free Shipping: Where a quote states "Free Shipping," this includes curbside delivery to a freight-accessible address within the lower 48 U.S. states. Any additional delivery services (inside delivery, liftgate for commercial addresses, special handling for remote locations) may incur extra fees.

Curbside Delivery: Residential delivery means curbside delivery with a liftgate. The freight carrier is not responsible for moving crates beyond the curb, un-crating, or installation.

Remote or Difficult Locations: If your location is remote, inaccessible to large freight trucks, or requires special equipment, you may be required to arrange pickup from the carrier's terminal. Any additional fees or arrangements are the Client's responsibility.

15. Inspection and Acceptance at Delivery

Un-Crating and Inspection: The Client must un-crate and inspect the merchandise before signing the delivery receipt. If damage is apparent, note "CONTENTS DAMAGED" on the delivery receipt before signing.

Reporting Damages: Document damage with photographs of both the product and packaging. Notify Oltre within 24 hours at (503) 689-1088 or sales@oltreusa.com. Failure to note and document damage at delivery may void insurance claims and limit your remedies.

Filing Claims: Oltre will assist in filing a freight claim if the damage is properly documented. We will work with you on repairs or replacement, at our discretion, once a claim is approved.

16. Returns (Shipping-Only Orders)

• Standard (non-custom) fireplaces may be returned if unused and undamaged. The Client is responsible for return shipping and proper crating. A restocking fee of 25% of the product price applies to all returns.
• Custom fireplaces are non-returnable once production has started.
• Refunds, if applicable, are processed after Oltre inspects the returned product. Shipping costs are non-refundable unless Oltre is at fault.

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PART C: INSTALLATION SERVICES

The following terms apply when the Client orders installation services from Oltre, in addition to the General Terms in Part A.

17. Payment for Installation Orders

A 30% deposit of the total project cost is required to begin production. No materials will be ordered and no production will be scheduled until the deposit is received.

The remaining 70% balance is due upon completion of installation, or within 5 business days of installation, whichever comes first.

If additional services (such as framing) are included, those costs are due in full before that work begins.

18. Scope of Installation

Oltre's installation service includes the assembly and secure placement of the cast stone fireplace or mantel. Installation does not include site preparation, framing, flooring modifications, electrical, plumbing, gas line work, or modification of existing structures unless explicitly stated in the signed quote or proposal.

Framing: The Client is responsible for ensuring that all framing and structural support is completed, level, plumb, and ready to receive the cast stone installation prior to our scheduled arrival. If the Client requests that Oltre perform framing work, this will be quoted as a separate line item at additional cost.

Site Readiness: The Client must ensure the job site is accessible, clean, and safe for our installation crew. Adequate electrical power must be available on-site. Any required permits are the responsibility of the Client unless otherwise agreed in writing. Additional costs may apply if our crew arrives and the site is not ready, including trip charges and rescheduling fees.

19. On-Site Measurements

Oltre may conduct on-site measurements after production has begun. These measurements are part of our standard process to confirm fit and any final design details.

20. Completion and Acceptance

Upon completion, the Client should inspect the installed fireplace within 5 business days for compliance with agreed specifications and workmanship quality. Any concerns must be raised in writing within this period. If no issues are reported within 5 business days, the installation is deemed accepted and final payment is due.

21. Site Safety and Insurance

Our team carries relevant insurance to cover on-site accidents or injuries directly related to our installation work. Oltre is not liable for injuries or damages caused by other contractors, the Client, or third parties on-site.

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