Our Terms and Conditions

We believe in providing our clients with all information concerning their projects up front. Please review our Terms and Conditions to ensure that you understand our commitments to you, the Client.

Governing/Controlling Terms.

The terms and conditions contained in this document shall govern all Kitchenscapes Goods and Services transactions and shall supersede any documents and other communications submitted to the Client by Kitchenscapes.

Prices.

All prices presented to the Client are subject to change until an order is placed with the vendor or manufacturer.

Goods and Services Provided.

Kitchenscapes limits the Goods and Services provided to those specifically detailed on Proposals presented to the Client.

Deliveries.

All deliveries of Goods will be made to the Client’s garage.

In the event there is no garage, delivery shall be made to the most accessible area as determined at the sole discretion of Kitchenscapes.

Placement of Goods elsewhere will incur a $300.00 “in-home” delivery surcharge.

The Client bears full responsibility to ensure the access to the delivery areas is accessible and cleared of any obstructions and hazards.

Delivery of Goods may be delayed or cancelled at the sole discretion of Kitchenscapes if the worksite is determined to be unsafe.

Delays caused by unsafe worksite conditions shall incur a minimum charge of $300.00 with an additional $300.00 per hour after the first hour. These charges are not prorated for partial hours.

Delivery date change requests by the Client or the Client’s representatives must be submitted to Kitchenscapes no later than 10 business days prior to a scheduled delivery.

The Client will be responsible for all costs incurred plus a 10% surcharge for changes made to a scheduled delivery date with less than 10 business days’ notice to Kitchenscapes.

Changes to delivery dates requested by the Client or the Client’s representatives may not be possible.

Delivery services are provided by third parties, and the Client hereby agrees to hold Kitchenscapes harmless for any and all damages, losses, injuries, or any other defects or loss of use resulting from the delivery of cabinetry, appliances, or any other Goods.

Installation Services.

Kitchenscapes does not install cabinetry, appliances, or any other Goods and assumes no liability for work performed by third parties performing installation services.

The Client hereby agrees to hold Kitchenscapes harmless for any damages, losses, injuries, or any other defects or loss of use resulting from installation by third parties of cabinetry, appliances, or any other Goods.

Payment Terms.

All accounts are due and payable according to the terms stated on the applicable invoice.

As collateral security for the payment of the purchase price of the Goods and Services, the Client hereby grants to Kitchenscapes a security interest in and to all of the right, title and interest of the Client in and to the Goods and Services.

The security interest granted under this provision constitutes a purchase money security interest under the Uniform Commercial Code. The Client agrees to assist Kitchenscapes in taking any action Kitchenscapes deems necessary or appropriate to perfect and protect Kitchenscapes’ security interest, including the filing of any financing statements, continuation statements and other documents under the Uniform Commercial Code (or other similar laws) in effect in any jurisdiction with respect to the security interest created hereby.

Late Payment.

Late payments are defined as the Client’s failure to make payments within 30 calendar days of invoice due dates.

Late payments will make the Client’s account and/or job accounts with Kitchenscapes immediately due and payable without notice or demand.

Any discounts extended on any balance that has not been paid within 30 calendar days of the invoice due date shall become null and void.

Late payments will incur a $250.00 administrative fee plus a 12% per annum service charge on any unpaid balance.

The Client shall be responsible for all costs of collection and enforcement of this provision, including attorneys’ fees and court costs.

Any portion of a month shall be deemed a full month for the purpose of calculating any administrative fees and service charges.

Waiver of any administrative fees and service charges for any given month by Kitchenscapes shall not be deemed a waiver of any future service charges or interest.

Claims.

Claims for damages or visible defects to Goods must be received in writing by Kitchenscapes within 5 business days of delivery of Goods.

Following this 5-day period, the Client shall be deemed to have irrevocably accepted the Goods.

If Goods are damaged or visibly defective and the manufacturer acknowledges responsibility under its warranty or otherwise, Kitchenscapes will work with the manufacturer on the Client’s behalf to replace the damaged or defective Goods.

Cancellations and Returns.

Orders may not be cancelled or returned (unless the vendor or manufacturer approves the return) for any reason after Kitchenscapes has placed the order with the vendor or manufacturer.

Returned Goods and Services.

Returned Goods must be unused and in their original packaging.

All returns are subject to freight, handling, and restocking charges.

Custom cabinetry is not eligible for return or refund.

Credits and Deposits.

Kitchenscapes will apply any credits issued to the Client against the Client’s outstanding invoices.

Deposits paid by the Client for custom cabinetry or customized appliances are non-refundable once Kitchenscapes has placed the order with the vendor or manufacturer.

Delays and Goods Availability.

Kitchenscapes shall not be liable or responsible for any loss or damage due to any delays in delivery, or failure to deliver Goods due to any circumstances beyond Kitchenscapes’ control, including, but not limited to manufacturing delays, inability to secure Goods and services from Kitchenscapes’ usual sources of supply, fire, flood, earthquake or other casualty, accidents, transportation delays, labor disputes, civil disorders, governmental orders or actions, or acts of war or terrorism.

No orders will be placed until invoiced deposits are paid by the Client.

No deliveries will be made until invoiced final payments have cleared.

Kitchenscapes shall not be liable or responsible for any delays in delivery due to the Client’s failure to make deposits or final payments according to the terms stated on the applicable invoice.

Storage; Storage Fees.

Goods stored by Kitchenscapes on behalf of the Client are subject to a $250.00 storage fee after seven (7) days from the date of delivery to the storage facility and $250.00 per month thereafter.

Storage fees are not pro-rated. For storage fees, a month is defined as twenty-eight (28) consecutive days.

Kitchenscapes shall not be liable or responsible for any loss or damage to stored Goods, either at a site managed by Kitchenscapes or at a site managed by the Client.

Risk of Loss.

Risk of loss shall transfer to the Client upon delivery of Goods to the Client.

Warranty.

Warranties are solely and exclusively provided by the applicable vendor or manufacturer of the Goods. The terms of warranties will be furnished upon request.

Kitchenscapes does not provide any additional warranties.

Intellectual Property

Unless otherwise provided, Kitchenscapes shall be deemed the author of any drawings, specifications and all other documents and shall retain all common law, statutory, and other reserved rights, including the copyright of these products.

The Client shall be permitted to retain copies of Kitchenscapes' drawings, specifications and all other documents for information and reference once a 15% deposit is paid.

Kitchenscapes' drawings, specifications or other documents shall not be used by the Client or others on other projects or for completion of the Client’s project by others except by agreement in writing and with appropriate compensation of Kitchenscapes.

Indemnification.

The Client shall defend, indemnify and hold harmless Kitchenscapes and its owners, officers, directors, employees, agents and advisors from and against any claim, loss, damage, suit, cause of action, liability, judgment or expense (including, without limitation, attorneys’ fees and costs), resulting from, arising out of or in connection with any injury, disease or death of persons or damage to or loss of any property, or violation of any applicable laws or regulations resulting from or in connection with the sale, transport, installation or use of the Goods and Services, whether based upon negligence, breach of warranty, strict liability in tort, contract, or any other theory of law. This paragraph shall survive the termination of this transaction indefinitely.

Dispute Resolution/Venue.

Any dispute arising out of this transaction shall be resolved by litigation or binding arbitration (“Dispute Resolution”) at Kitchenscapes’ sole option. Such Dispute Resolution shall be conducted at a location selected by Kitchenscapes and in the event of binding arbitration, by an arbitration service selected by Kitchenscapes. A single arbitrator shall preside over the arbitration, and the decision of the arbitrator shall be final and binding upon the parties. If the parties cannot agree upon a single arbitrator, the procedure of the arbitration service selected by Kitchenscapes shall be used to select an arbitrator. All actions arising out of or related to this transaction or the Goods and services sold hereunder, regardless of form or theory of liability, must be brought against Kitchenscapes within the applicable statutory period, but in no event more than one (1) year after the date of invoice.

Costs of Collection.

If Kitchenscapes retains or employs attorneys or other agencies in order to secure payment of any sums due from the Client, or otherwise enforce the terms of this document, including, but not limited to, the filing of foreclosure actions on liens filed due to the Client’s failure to make payment, the Client agrees to pay attorney and/or collection fees, costs, and any and all other related expenses in addition to all sums due.

Authority; Personal Liability.

The person(s) executing this document on behalf of the Client hereby represents he/she has authority to execute this document on behalf of the Client and acknowledges if no such authority exists that he/she by executing this document becomes personally liable under its terms.

Modification.

The terms and conditions contained herein may not be amended, modified, supplemented, superseded, or otherwise altered in any way except by a writing signed by an authorized representative of both the Client and Kitchenscapes.

Non-waiver.

Kitchenscapes’ failure to insist upon the strict performance of any term or condition herein shall not be deemed a waiver of any of Kitchenscapes’ rights or remedies hereunder, nor of its right to insist upon the strict performance of the same or any other term herein in the future. No waiver of any term or condition hereunder shall be valid unless in writing and signed by an authorized representative of Kitchenscapes.

Severability.

If any term or provision hereof is held to be illegal, invalid or unenforceable under any present or future laws, regulations, or ordinances of any federal, state, or other government to which this transaction is subject, such term or provision shall be fully severable and the remaining terms and provisions herein shall remain in full force and effect and shall not be affected by such illegal, invalid or unenforceable term or provision.

Force Majeure.

Kitchenscapes shall be excused for the period of any delay in the performance of any obligations when prevented from so doing by causes beyond its control, including without limitation, acts of God including fire, flood, earthquake, storm, hurricane or other natural disaster or casualty), civil commotion, government sanction, blockage, embargo, labor disputes, strike, lockout, inability to obtain any material or services, war (declared or undeclared) or acts of terrorism.

Entire Agreement.

This document constitutes the entire, complete, and exclusive agreement between the Client and Kitchenscapes with respect to the subject matter hereof and contains all the agreements and conditions of sale. No course of dealing or usage of the trade shall be applicable unless expressly incorporated herein.