PAYMENT: 100% of the Price is due upon signing this Contract of Sale for Materials (the Deposit). All returned checks are subject to a $35.00 service fee charge.
FAILURE TO ACCEPT MATERIALS AND/OR CANCELLATIONS: If Materials are not accepted within 10 days of tender, the Buyer will be subject to a monthly storage fee of 15% of the Price. The 15% monthly storage fee applies on the eleventh day after expected tender, and is charged on that calendar day on each subsequent month that the Materials are not accepted. The Buyer may cancel its order with the Seller only within 24 hours after Payment is received. If an order is cancelled within 24 hours after Payment is received, the Buyer shall pay the Seller a $350.00 cancellation charge, and the remainder of the Buyer’s Deposit shall be returned.
RETURNS: The Buyer has the duty to inspect all materials before installation or assembly. The risk of loss of any Materials is passed onto the Buyer F.O.B. point of shipment. All returned items must be accompanied with the original sales receipt and be returned within 30 days of their tender to the Buyer. Returned items must be in their original box and in resalable condition. The following items are non-returnable and non-refundable: (i) Custom Orders, (ii) ’Sold As Is’ items, and (iii) Natural Stone products such as marble, granite, or quartz products. Any Materials returned to the Seller will incur a 15% handling charge, with the remaining 85% of the Price returned to the Buyer as a store credit.
GRANITE/QUARTZ: The Buyer understands that all marble, granite, quartz, and nature stones are products of nature and as such, may have small cracks, blemishes, voids and inconsistencies, which are inherent properties in stone, and are not considered defects. Variations in color, shade, surface, texture and slab thickness are also common in marble, granite, and quartz. Once a stone has been selected, the Seller will attempt to provide a product that relates to the product initially selected or specified to provide consistency and matching color, but cannot guarantee an identical color match. Location of cuts and joints will be at the discretion of the Seller.
CHANGES: If the Buyer requests any additional Materials or services, or changes any specifications, colors, sizes or details after execution of this agreement, this may result in additional cost and delay in tendering the Materials.
DISPUTES: Any dispute that arises from this agreement shall be subject to binding arbitration. If the parties cannot agree on an arbitration locale and authority, the parties agree that the dispute will be submitted to the American Arbitration Association under the Construction Industry Dispute Resolution Rules in King County, Washington. The prevailing party to any dispute shall be entitled to an award of the attorney’s fees and costs of said action. The prevailing party shall be defined as the single party in whose favor a net monetary settlement or arbitration award is received after all offsets, back charges, counterclaims and other adjustments are resolved. Additionally, the Buyer shall pay for the attorney’s fees and costs necessary to file or release any lien drafted and recorded to recover any portion of the Price.
PAYMENT (FOR ORDERS UNDER $10,000.00): 100% of the Price is due upon signing this Contract of Sale for Installation (the Deposit), and additional balance due for added materials and labor is due 1 day after the last day of substantial completion of the Services. If the Buyer fails to pay any amount when due, interest will accrue on the unpaid balance at the rate of 1.5% per month, or the maximum interest rate allowed by law if it is less than this amount. All returned checks are subject to a $35.00 service fee charge.
PAYMENT (FOR ORDERS $10,000.00 AND OVER): 90% of the Price is due upon signing this Contract of Sale for Installation (the Deposit), and the remaining 10% is due 1 day after the last day of substantial completion of the Services. If the Buyer fails to pay any amount when due, interest will accrue on the unpaid balance at the rate of 1.5% per month, or the maximum interest rate allowed by law if it is less than this amount. All returned checks are subject to a $35.00 service fee charge.
CANCELLATION: At any time before the start of installation the Buyer may cancel its order with the Seller. In this case, the Buyer shall forfeit its Deposit to the Seller and additionally pay the Seller a $350.00 cancellation charge. If the Buyer wishes to cancel its order after installation has begun, the Buyer shall forfeit its Deposit to the Seller and additionally pay the Seller 10% of the Price. Any materials or product installed by the Buyer at the time of cancellation will be removed by the Seller from the Buyer’s property and returned to the Seller.
GRANITE/QUARTZ: The Buyer understands that all marble, granite, quartz, and nature stones are products of nature and as such, may have small cracks, blemishes, voids and inconsistencies, which are inherent properties in stone, and are not considered defects. Variations in color, shade, surface, texture and slab thickness are also common in marble, granite, and quartz. Once a stone has been selected, the Seller will attempt to provide a product that relates to the product initially selected or specified to provide consistency and matching color, but cannot guarantee an identical color match. Location of cuts and joints will be at the discretion of the Seller.
CHANGES: If the Buyer requests any additional services, or changes any specifications, colors, sizes or details after execution of this agreement, this may result in additional cost and delay in tendering the Services. Requested changes need not be put in writing. The additional price and delay associated with any change is determined by the Seller, and any additional cost for the change is due to the Seller upon request.
INSTALLATION AND WAIVER OF CLAIMS: Installations by the Seller require all new cabinets to be installed completely, old countertops removed from exiting cabinets and the site made ready to receive new countertops. The Seller may request access to the site for measuring. At this time, the Buyer must provide all detail specifications, sink type, cook-top and tap information to avoid additional site visits. Any additional site visits will be charged to the Buyer at the cost of $250.00 per visit. Site measuring will take place when all cabinets are in place and the above-identified specifications are in-hand. The Buyer, and any other necessary parties such as a contractor, must be present during site measurements to avoid misunderstandings of details. During installation, marble, granite, and quartz dust may be present. While the Seller will try to minimize the amount of dust, it will not be liable for any clean-up costs. The Seller warrants that all labor, material, products and taxes will be paid. When the Services are finally complete, the Seller will request that the Buyer sign a Job Completion Form, acknowledging that the Buyer has inspected the work, finds it finally complete, and waives and releases the Seller from all claims and liabilities related to the work. Upon final completion of the work, the Buyer has the duty to inspect the work and insure that it has been done properly and is free from defects. The Buyer shall sign the Job Completion Form and waive any and all claims against the Seller if the work is found satisfactory. If there are problems or defects found, the Buyer shall request them repaired, and sign the Job Completion Form after they are repaired. If the Buyer and Seller dispute whether the work is proper or free of defects, the parties shall submit to arbitration. The Buyer and Seller mutually waive any consequential damages for economic or personal injury loss. This parties expressly exclude and waive any and all expressed or implied warranties available under any federal, state, county or city law, statute or ordinance including any express or implied warranties of fitness, merchantability or habitability. The failure to sign the Job Completion Form shall not delay when any payment of the Price is due to Seller, as the final payment of the Price is due upon substantial completion, and the Job Completion Form is due upon final completion.
DISPUTES: Any dispute that arises from this agreement shall be subject to binding arbitration. If the parties cannot agree on an arbitration locale and authority, the parties agree that the dispute will be submitted to the American Arbitration Association under the Construction Industry Dispute Resolution Rules in King County, Washington. The prevailing party to any dispute shall be entitled to an award of the attorney’s fees and costs of said action. The prevailing party shall be defined as the single party in whose favor a net monetary settlement or arbitration award is received after all offsets, back charges, counterclaims and other adjustments are resolved. Additionally, the Buyer shall pay for the attorney’s fees and costs necessary to file or release any lien drafted and recorded to recover any portion of the Price.