Terms & Conditions
DISCOUNT CABINET CORNER. LLC.
TERMS AND CONDITIONS OF SALE
THE FOLLOWING TERMS AND CONDITIONS GOVERN ALL SALES
1. Purchaser acknowledges that the conditions described on the finish option information sheet and wood characteristics & finish awareness sheet have been carefully explained and the purchaser understands and accepts them.
2. The purchase understands that the products described are specifically designed and custom built for the buyer, these are products which seller does not regularly stock and are special order parts that the seller takes immediate steps upon execution of this agreement to design, order and construct those items set forth herein: therefore, this agreement is not subject to cancellation by the purchaser for any reason.
3. Purchaser must report any defect or damaged products to Discount Cabinet Corner. LLC within 24 hours of receiving said product. With the exception of counter tops and vitreous china plumbing fixtures which must be inspected at time of delivery for immediate claim.
4. The standard form of warranty shall apply to the service and equipment furnished (except where other warranties of purchased products apply). Seller warrants that it has title to the goods sold. Seller makes no, and hereby disclaims, warranties of any kind, express or implied, including, without limitations, warranties of merchantability and fitness for a particular purpose with respect to the goods referred to herein. Any warranty affecting these goods is solely by their manufacturer, the terms of which will be furnished upon request. The warranty shall become effective when signed by the seller and delivered to the purchaser. Provided the contract and all change orders are paid in full.
5. Discount Cabinet Corner will take every step possible to deliver products in a timely manner. But; a delivery date, when given, shall be deemed approximate. Seller shall not be responsible for any delays in delivery of the goods due to any circumstances beyond seller’s control, including, but not limited to fire, flood, earthquake, transportation delay, labor disputes, civil disorders, governmental orders or actions, acts of war or terrorism, and inability to secure goods from seller’s usual sources of supply.
6. The purchaser agrees to accept delivery of the product or products when ready. The risk of loss, as to damage or destruction, shall be upon the purchaser upon the delivery and receipt of the product. Delay caused by purchaser may result in storage fees and additional trip charges.
7. Any additional work (change orders) will be treated as a separate contract, of which deposits, payments and terms as previously listed are binding.
8. Title to the item sold pursuant to this agreement shall not pass to the purchaser until the full price as set forth in this agreement and all change orders are paid to the seller in full.
9. Customer acknowledges and agrees that delays in payment shall be subject to interest charges of (1 1⁄2% per month) 18% per annum, and in no event higher than the interest rate provided by law. If the seller is required to engage the services of a collection agency or an attorney, the purchaser agrees to reimburse the seller for any reasonable amounts expended in order to collect the unpaid balance, including and not limited to all attorney, collection, court and filing fees.
10. No claim for damages, defects, shortages or otherwise shall be valid unless made in writing within ten (10) days of delivery of goods to customer. If the goods are damaged or defective and the manufacturer acknowledges responsibility under its warranty or otherwise, seller may, but shall not be required to (I) replace the damaged or defective goods from inventory, if available, or(II) allow customer a credit for the amount of the purchase price of the goods. Under no circumstances and in no event will seller be liable for personal injury or property damage or any other loss, damage, labor, cost of repairs or incidental, punitive, special or consequential damages of any kind. In no event shall seller’s responsibility to customer exceed the purchase price of the goods involved.
11. No installation, plumbing, electrical, flooring, decorating or other construction work is to be provided unless specifically set forth herein. In the event the seller is to perform the installation, it is understood that the price agreed upon herein does not include possible expense entailed in coping with hidden or unknown contingencies found at the job site. In the event such contingencies arise and the seller is required to furnish labor or materials or otherwise perform work not provided for or contemplated by the seller, the actual costs thereof will be paid for by the purchaser. Contingencies include but are not limited to: inability to reuse existing water, vent and waste pipes, air shafts, ducts, grilles,
louvers and registers; the relocation of concealed pipes, risers, wiring or conduits, the presence of which cannot be determined until the work has started; or imperfections, rotting or decay in the structure or parts thereof necessitating replacements.
12. The seller retains the right upon breach of this agreement by the purchaser to sell those items in the seller’s possession. In effecting any resale on breach of this agreement by the purchaser, the seller shall be deemed to act in the capacity of agent for the purchaser. The purchaser shall be liable for any net deficiency on resale.
13. If any provision of this agreement is declared invalid by any tribunal, the remaining provisions of the agreement shall not be affected thereby.
14. This agreement sets forth the entire transaction between the parties; all prior agreements, warranties or representations made by either party are superseded by this agreement. All changes in this agreement shall be made by a separate document and executed with the same formalities. No agent of the seller, unless authorized in writing by the seller, has any authority to waive, alter, or enlarge this contract, or to substituted, or to make a different contracts, representation, or warranties.
15. Signature warrants that all information appearing on this form is true and correct. In consideration of Discount Cabinet Corner LLC. or any related company accepting checks from above named customer, I (we, buyer)hereby personally guarantee payment and collection of all checks, both personal or company, and agree to pay any delinquent balances, services charges, and cost of collection of such amounts. I (we, buyer) hereby acknowledge that I (we, buyer) have read and agree to abide by the terms of sale as listed above. Acceptance of this proposal is a binding contract between all parties.