Pre-Order Money Back Agreement
0. Background
With this Agreement, we are protecting you and your funds during the pre-shipping period. Essentially, we are going to put your money in trust into a standard business checking account that we can't touch until we ship your order. Also, you can ask for and get your money back at anytime prior to our shipping the order. After we ship your order, our normal returns policy applies. See [http://www.localpatio.net/contact][]
This agreement becomes effective as soon as we charge your credit card for the Glider. The day we charge you credit card is the 'effective date' of this Agreement. The Agreement Term is for the pre-shipping period which is 120 days. We expect to ship your glider sooner, but to be safe the pre-shipping period lasts for 120 days starting at the effective date. Finally, if 120 days pass without our shipping your glider your funds will be promptly returned to you without you having to ask for them.
1. Agreement
This is a Trust Agreement and it is made between you (“Grantor”, “you”, “your”) and us, Southern Metal Furniture and Tool, LLC (the "Trustee", “us”, “SMFT”). This agreement is designed to protect the $899.00 you paid us for your Glider. We call this money “the Funds” in this Agreement. The parties agree that the Agreement is supported by adequate consideration
2. Trust Property
You have ordered a Glider from us and you have paid over the Funds, in trust, for the purposes and on the conditions stated in this Agreement.
3. How We Will Hold and Release Your Funds.
We will deposit the Funds in a standard business checking account set up for the purpose of holding the Funds along with the funds of other folks who have ordered Gliders.
We will release the Funds as follows:
(a) On Shipping. Upon the shipment of the Glider to you, the Funds will vest in us and we will deposit the funds into our normal business account. If you would like a refund after this, you will need to follow our standard refunds policy located at: [http://www.localpatio.net/contact][]
(b) On Request for a Refund. Upon receipt of your refund request, we return the Funds to you by crediting your credit card, if possible, or by sending a check to the shipping address you gave us when you ordered. We may require a request in writing for security reasons, but you may request a refund by contacting us via telephone or email. Our contacts are located at: http://www.localpatio/contact We will process your refund within 10 business days of receiving your request. If we require a written request, we will process your refund within 10 business days of getting the written request.
(c) On expiration of the pre-shipping period. Upon the expiration of the pre-shipping period, if we have not shipped your Glider, we will return your funds, promptly, without any requirement for you to contact us.
4. Our Powers as Trustee.
In the administration of the Trust, we have a fiduciary duty to hold the Funds for you and acting as your fiduciary we will do necessary and proper acts in administering the Trust. We will not deduct any amount from the Funds, but we may use interest derived from the Funds to pay any necessary and proper expenses in connection with the operation and conduct of the Trust. If any interest remains after the expiration of the Trust we will pay out that interest to a non-govenmental charity engaged in supporting adoption.
