Terms of Service
Services
A.D. Busch LLC designs and builds custom residential and commercial furniture based on agreed specifications (the “Project”) following a client’s inquiry.
Payment Terms
a. Non-binding Estimate
A.D. Busch will provide the Client with a non-binding estimate (“Estimate”) based on the communications that follow the inquiry. A.D. Busch requires the Client to deposit at least 50% of the Estimate in order to begin work. Depending on the scope, materials, and time required to complete the order, A.D. Busch may require the Client to deposit more than 50%. The remaining balance is due upon completion of the Project. Credit card payments will incur an additional 3% processing fee. The estimate is non-binding on A.D. Busch.
Change Orders
If the Client changes the scope of the Services and/or Project—including but not limited to rush orders, design changes, material or finish modifications, or additions to the project scope—the Client will bear the costs of those changes. All changes must be confirmed via email. The Client may also be required to make an additional deposit, and the project timeline may be adjusted accordingly.
Representations & Warranties
a. Client Representations
The Client represents and warrants that:
i. They have the right to enter into this Agreement and to fully perform all obligations herein.
ii. Entering into and performing this Agreement does not conflict with or breach any other agreement to which the Client is subject.
b. A.D. Busch Representations
A.D. Busch represents and warrants that:
Services will be provided in a professional and workmanlike manner and in accordance with reasonable industry standards.
Except for the express representations and warranties stated herein, A.D. Busch makes no warranties, express or implied, including warranties of merchantability or fitness for a particular purpose.
Limitation of Liability
IN ALL CIRCUMSTANCES, THE MAXIMUM LIABILITY OF A.D. BUSCH, ITS DIRECTORS, OFFICERS, EMPLOYEES, DESIGN AGENTS, AND AFFILIATES TO CLIENT FOR DAMAGES, REGARDLESS OF THE FORM OF ACTION (WHETHER IN CONTRACT, TORT, OR OTHERWISE), SHALL BE LIMITED TO THE FEES PAID UNDER THIS AGREEMENT. A.D. BUSCH SHALL NOT BE LIABLE FOR ANY LOST PROFITS, BUSINESS INTERRUPTION, OR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES ARISING OUT OF OR RELATING TO THE SERVICES PROVIDED.
Storage & Delivery
Client acknowledges that A.D. Busch does not offer long-term storage. Once the Project is completed, it must be picked up or delivered within 5 business days. If the completed items cannot be delivered or assembled due to site access issues, payment is still due per the proposed schedule for completed fabrication. Additional storage costs may accrue and are the Client’s responsibility.
A.D. Busch does not personally provide delivery services but works with a trained and insured third-party service. A.D. Busch can assist in arranging delivery or provide contact information so the Client may arrange delivery. Clients may also use their own moving service.
Intellectual Property
A.D. Busch Ownership and Control
All intellectual property created by A.D. Busch—including but not limited to copyrights, patents, trademarks, designs, and drawings—is the sole property of A.D. Busch. No materials, whether previously or newly created, may be reproduced, reused, or distributed without A.D. Busch’s written consent.
Promotion & Use of Images
A.D. Busch reserves the right to document and photograph all completed Projects and use images in its portfolio, on websites, in presentations, publications, or other media, for the purposes of creative recognition and professional promotion. A.D. Busch may photograph the Project on-site but will take care not to show personal or identifying information unless given express permission. Either party may reference the Project on their respective websites or marketing materials, subject to reasonable approval from the other party.
Privacy Policy
When a Client submits an inquiry or engages A.D. Busch for a Project, personal information—including names, email addresses, and billing information—is collected. A.D. Busch does not sell or rent Client data. Information is retained for at least the duration of the Project, and possibly longer for records purposes. Clients may request updates or deletion of their data at any time by contacting A.D. Busch at https://www.adbusch.com/contact-us. While A.D. Busch takes reasonable steps to protect Client information, it does not control or take responsibility for third-party services like delivery or storage providers.
Termination
a. Due to Cost Increases
If material or labor costs exceed the original estimate, the Client may cancel the Project provided work has not started. If work has begun, the Client must pay for completed work, and A.D. Busch will refund any remaining deposit.
b. Client Breach
If the Client violates or fails to agree to these Terms of Service, A.D. Busch may terminate the Services after notifying the Client via phone or email. A.D. Busch retains the right to pursue legal remedies.
c. Impossibility of Performance
Services may be terminated immediately due to unexpected and uncontrollable circumstances, including natural disasters or the death of either party.
Consequences of Termination
Upon termination, A.D. Busch is entitled to compensation for Services provided up to that date. The Client must return any designs or materials provided. The intellectual property provisions in Section 7 will survive termination.
Dispute Resolution
a. Negotiation and/or Mediation
If a dispute arises, both parties agree to first try resolving it through negotiation in good faith. If unsuccessful, mediation may be initiated through the American Arbitration Association (or a mutually agreed forum). Each party may propose three mediators; if no agreement is reached, each selects one, and the two mediators choose the final mediator. Mediation fees are split evenly. Each party is responsible for their own attorney’s fees.
b. Arbitration
If mediation fails, arbitration may be initiated under the current rules of the American Arbitration Association.
i. Notice must be given in writing. One arbitrator will be selected by each party, and those two will select a third.
ii. Arbitration will take place in Portland, Oregon, in English. Awards may include injunctive or equitable relief and are final and binding.
iii. Judgment on the award may be entered in any court with jurisdiction.
Governing Law & Venue
This Agreement is governed by the laws of the United States and the State of Oregon, without regard to conflicts of law principles. The parties consent to jurisdiction in the state and federal courts of Multnomah County, Oregon.
Severability
If any provision is deemed invalid or unenforceable, the remainder shall continue in full force and effect.
Agreement
By engaging A.D. Busch LLC’s Services, the Client agrees that these Terms of Service form a binding agreement, entered into via electronic communications without the need for a physical document or handwritten signature.
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