Dock Sales Terms & Conditions

Effective Date: January 1, 2026 Legal Name: FWM Inc. Trade Name: FWM Docks (“Company”, “we”, “us”) Customer: The purchaser listed on the Quote (“Customer”, “you”)

We work hard to quote accurately and set clear expectations. Most projects go exactly as quoted and scheduled. These Terms are here mainly to cover the uncommon situations where access, site conditions, permitting, or weather create changes outside our control.

Our Intent: We work hard to quote accurately and set clear expectations. Most projects go exactly as quoted and scheduled. These Terms are here mainly to cover the uncommon situations where access, site conditions, permitting, or weather create changes outside our control.

Effective Date: January 1, 2026 Legal Name: FWM Inc. Trade Name: FWM Docks (“Company”, “we”, “us”) Customer: The purchaser listed on the Quote (“Customer”, “you”)

These Terms & Conditions (“Terms”) govern all sales of products and services by the Company to Customer. By approving a Quote electronically, submitting any required payment, or accepting delivery of products, Customer agrees to these Terms.

1. Scope and Order Acceptance

• Quote Controls: The specific products, services, pricing, and payment requirements are those listed on the Company Quote (“Quote”).
• Approved Drawing: If an approved drawing is provided, the dock layout and configuration will be based on the approved drawing and the Quote together.
• Acceptance: An order is accepted when the Company receives the required payment stated on the Quote (deposit or paid in full) and releases the order for production, procurement, scheduling, delivery, or installation.
• Validity: Quotes are subject to change until the order is accepted and the required payment is received.
• Conflicts: If anything in these Terms conflicts with the Quote, the Quote controls for that order.

2. Payment Terms

• Payment Schedule: Deposit percentage and payment timing are defined on the Quote.
• Default Terms (unless the Quote states otherwise):
  • Deposit: Required to approve the order and release materials and scheduling. Deposits are considered non-refundable and may only be refunded at the sole discretion of FWM Inc.
  • Balance & Release: The remaining balance is due in full prior to pickup, delivery, or installation. Materials will not leave the Company facility until the balance is paid, unless approved credit terms are established in writing.

3. Definitions of Service

We offer pickup, delivery, and installation. These definitions are here to prevent confusion.

A) Customer Pickup (Customer Installation)

• Vehicle Suitability: Customer takes possession at the Company facility. Customer is solely responsible for determining if their vehicle, trailer, and rack system are safe, legal, and adequate for the weight and dimensions of the product.
• Loading Assistance: As a courtesy, we may assist with loading using forklifts or heavy equipment. However, Customer assumes all risk associated with loading. The Company is not liable for damage to Customer’s vehicle, trailer, or personal property during loading (e.g., suspension failure, scratches, dents, or rack collapse) unless caused by our gross negligence.
• Securement & Safety: Customer is solely responsible for securing and strapping the load. We do not provide straps and we do not verify securement. Customer is solely responsible for compliance with all road safety laws (including weight limits, overhang flags/lights, and height clearance).

B) Delivery (Driveway/Curbside Default)

• Definition: “Delivery” means transportation to the Customer’s address and offload at the driveway/curbside or the nearest point safely accessible by the delivery truck and trailer.
• Scope: Delivery does not include carrying materials to the waterfront, down stairs, down steep slopes, or across landscaping unless specifically included on the Quote.
• Changes: If a different drop location or handling is discussed, it must be approved by the Company and confirmed in writing (including any added labor or equipment charges, if applicable).

C) Installation

• Definition: Installation means assembly and placement of the dock system into the water based on the approved drawing (when used) and the Quote.
• Access: Installation pricing is based on the access plan discussed during quoting, including how close the truck/trailer can safely get to the waterfront and the expected carry distance.
• Best Effort: Our installers will safely try to get trucks and trailers as close to the water as reasonably possible.
• Unknown Access Conditions: If actual access differs from what was communicated (including longer carry distance, stairs, steep slopes, soft ground, obstacles, or a truck/trailer that cannot reach the expected drop point), additional labor or equipment may be required and additional charges may apply, unless “Manual Transport” (or similar wording) is listed on the Quote. Any additional charges will be communicated for approval before proceeding.

4. Site Information and Design Reliance

• Based on Provided Details: Pricing, dock configuration, and material requirements are based on site information provided by Customer, including (as applicable) water depth, bottom conditions, shoreline slope, wave/wake exposure, and access.
• Most Jobs: In most projects, site conditions match what was provided and no material changes are required.
• Adjustments (when needed): If actual conditions differ from what was provided, the Company may need to modify materials, anchoring approach, equipment, or labor to complete the job properly and safely. Examples include deeper water requiring longer poles, unexpected bottom conditions requiring different anchoring/hardware, underwater obstructions, or access limitations.
• Change Approval: If changes are required due to site conditions, we will communicate the options and any cost impact for approval before moving forward. Customer is responsible for additional costs required to accommodate actual site conditions.

5. Access, Work Area, and Utilities

• Access: Customer must provide clear, safe access for delivery trucks and installation crews, including a suitable staging/offload area.
• Safe Equipment Operation: We will not operate trucks, trailers, or equipment in a way that is unsafe or likely to cause avoidable damage (for example, getting stuck, tipping risk, or unsafe grades).
• Utilities and Site Features: Customer is responsible for identifying, marking, and protecting underground utilities and site features, including irrigation, lighting, septic components, drainage, propane lines, invisible fence lines, and power lines. The Company is not liable for damage to unmarked items.
• Surface Conditions: Reasonable vehicle and equipment access may cause minor ruts or scuffs.

6. Permits, Approvals, and Environmental Compliance

• Customer Responsibility: Customer is solely responsible for determining the need for, and obtaining, all required permits, permissions, and approvals, including HOA rules, municipal approvals, and any state or environmental requirements.
• We Do Not Handle Permits: The Company does not apply for permits, does not verify permitting, and does not provide legal or environmental compliance advice. Permitting is the Customer’s responsibility.
• Delays: If permits or approvals are required and are not in place, the project may be delayed or rescheduled.
• Reimbursement: If the Company incurs any fines, penalties, or legal costs due to the Customer’s failure to obtain required permits or approvals, the Customer agrees to reimburse the Company for those costs.

7. Scheduling, Delays, and Safety

• Best Effort: We make every effort to meet scheduled dates and keep a tight schedule.
• Estimates: Delivery and installation dates are estimates and may change due to weather, water/ice conditions, site readiness, production timelines, carrier scheduling, or other factors beyond our control.
• Right to Pause or Reschedule: The Company may pause, stop, or reschedule work if conditions are unsafe, including high winds, lightning, ice, hazardous water levels, unsafe access, or other site hazards.
• Not-Ready Site: If we arrive and the site is not ready or access is materially different than represented, the job may be rescheduled and additional trip/standby or labor charges may apply.

8. Risk of Loss and Responsibility After Delivery

• Customer Pickup: Risk of loss transfers when materials are loaded or released to Customer.
• Driveway/Curbside Delivery: Risk of loss transfers when materials are offloaded at the agreed drop location.
• If Not Installed by Us Right Away: If materials are delivered but not installed by the Company immediately, Customer is responsible for securing and protecting materials after offload (including from theft, vandalism, weather, and water).

9. Inspection and Acceptance

• Inspect Promptly: Customer must inspect products and completed work promptly.
• Notice Window: Any claims regarding shortages, damage, or workmanship must be made in writing within five (5) days of delivery or installation. Failure to notify within this window constitutes acceptance.

10. Warranty, Water Levels, and Adjustments

• Manufacturer Warranty: Products are covered by the applicable manufacturer’s warranty.
• Workmanship: If installation is included, we warrant installation will be performed in a professional manner.
• Water Level Setup: For installation, we will set dock height based on professional judgment and conditions at the time of installation.
• Customer Input: If Customer desires a specific dock height, the request must be made prior to the start of installation.
• Post-Install Adjustments: Any request to raise, lower, move, or reconfigure the dock after installation has commenced or completed is a billable service call.
• Fluctuation Risk: Water levels fluctuate due to weather and season. The Company is not responsible if the dock becomes submerged (high water) or ends up dry (low water) after installation due to natural fluctuations.
• Exclusions: Warranties do not cover damage caused by storms, ice, wake, impact, misuse, neglect, improper maintenance, unauthorized modifications, or acts of nature.

11. Safety and Limitation of Liability

• Dock Use Involves Risks: Customer acknowledges that docks, gangways, ramps, and waterfront areas involve inherent risks, including slipping, tripping, falling, drowning, diving/jumping injuries, pinch points and crush injuries during assembly/adjustment, unstable or shifting surfaces, wave/wake movement, ice conditions, underwater hazards, boat strikes, weather-related hazards, and unsupervised use by guests or children.
• Customer Responsibility: Customer is responsible for safe use and supervision, and for warning all users that water depth and underwater conditions can change and hazards can exist.
• Limitation of Liability: To the fullest extent permitted by law, the Company is not liable for indirect, incidental, special, or consequential damages. The Company’s total liability is limited to the amount paid for the specific product or service giving rise to the claim. This limitation does not apply to liability for bodily injury caused by the Company’s negligence, or for gross negligence or willful misconduct.

12. Returns and Cancellations

• All Sales Are Final: All sales are final. Any exception must be approved in writing by the Company.
• Cancellations: If Customer requests cancellation after acceptance, Customer remains responsible for costs incurred (including materials, special orders, fabrication/production time, freight, and restocking, if applicable). Deposits are handled per Section 2.

13. Authority and Electronic Acceptance

• Authority: If Customer is a business entity, the person approving the Quote represents they have authority to bind the Customer.
• Acceptance: Electronic approval, signature, and payment are treated as acceptance and agreement to these Terms.

14. Governing Law

These Terms shall be governed by the laws of the State of New Hampshire.