Terms and Conditions
Stone: Any sample or piece of quartz, marble, ceramic, or any other material provided or displayed by Cabinets Expo, Inc. (“CE”) to Customer in connection with the order made by Customer on the reverse side is merely illustrative. Customer acknowledges and agrees that there are (i) there are or may be differences by thickness, pattern, or shading in every piece of material purchased by it, (ii) the travertine and marbles stocked by CE are “filled and polished” or are “filled and honed;” (iii) all stone products including the stone products sold by CE has tiny pits or spaces between the various mineral crystals because of its crystalline structure.
Cabinets: Cabinets sold by CE are made from natural wood, thus it is common to have dissimilarities between each cabinet. The Customer acknowledges that (i) there may be niches, fissures, grooves, and heartwood that appear on the cabinet frames and panels, (ii) variations in the color shades may also be present due to different ages of wood used, (iii) the various cabinet styles are made with different materials, therefore will very in structure.
Cancellation and Return: Orders of quartz, marble, ceramic, or other materials sold by CE (“Materials”) which are not deemed a Special Order (“Regular Order Items”) and which are left on CE premises over 25 days after the Pick-up Date set forth on the reverse side shall be deemed “abandoned” and shall be subject to a 25% cancellation charge of the total order. In addition to the cancellation charge, CE shall be entitled to re-stock those Regular Order Items which are deemed abandoned herein and resell such items. All cancellation and returns of Regular Order Items shall be subject to a 25% cancellation charge of the total order.
Abandoned Items: Special Orders left on CE premises for more than 120 days from the Pick-up Date set forth on the reverse side shall be deemed “abandoned”. Customer shall be responsible for the total cost of all “abandoned” Special Orders.
Damaged or Missing Parts: All cabinet damages or missing parts must be reported to CE and exchanged within 3 days of the original pick-up date.
Change Order: CE may, but is not obliged to make, any changes requested by Customer with respect to the Materials purchased, whether such purchase is a Special Order or Regular Order Item. In the event CE agrees to make such changes. CE does not guarantee that the Materials subject to the change order will be delivered within the time requested by Customer. CE shall not be responsible or liable for any damages or loss CE may incur if said changed order and is not delivered within the time requested by Customer. Customer bears the liability for all damages and assumes all risks associated with making a changed order after the Materials have been purchased from CE. In the event CE agrees to comply with Customer’s requested changes, a changed order initial for such requested changes shall be incorporated into this contract and shall become part of the contract only if it is in writing and signed by the parties prior to CE placing the order or performing services pursuant to such changed order.
Service Charge: Any change requested by Customer to the Materials purchased by CE on the reverse side, whether Regular Order Items or Special Orders, shall be subject to a $250 service charge if such charge is requested any time after delivery of the Materials to Customer.
Special Order Items: The term “Special Order” as used herein shall mean any and all stone products, handles, hoods, mosaics, shower/bathroom items, any and all products, which CE must order from a catalog and any Materials not in stock. No return, no refund, no exchange, or cancellation is permitted on any Special Orders.
Title and Possession: CE retains titled to and right of possession to the Materials listed on the reverse side until it has received payment of the entire obligation, plus accrued finance charges.
Finance Charges: This invoice is delinquent if not paid by the 10th of the month following the date of invoice. A finance charge of 1.5% per month (18% per year) will be charged on the delinquent amount.
No Guarantee: Customer understands and agrees that CE makes no warranty as to the quality or appearance of the Materials viewed by Customer prior to pick up, nor as to the quality or appearance of the materials once such Materials have been delivered to Customer or Customer’s authorized representative.
Release: Customer must provide the original receipt upon the pick-up date. If there is no original receipt, CE is entitled to hold product until proper documentation is provided in order to release items purchased on the reverse side.
Entire Agreement: This Agreement constitutes the entire agreement of the parties with respect to the subject matter herein and therein and supersedes all prior written and oral agreements or statements among the parties and parties not referenced herein. No representation, statement, condition, warranty, or agreement not contained or referenced in this Agreement shall not be binding on the parties or have any force or effect.
Successors and Assigns: This Agreement shall be binding upon and inure to the benefit of the parties hereto, their heirs, personal representatives, successors, and assigns.
No Waiver: The failure of either party to enforce any of their/its rights under this Agreement shall not constitute a waiver or modification of this Agreement, and either party may, within the time provided by applicable law, take appropriate action to enforce any such rights.
Severability: If any term or provision of this Agreement shall to any extent be held invalid or unenforceable, the remaining terms and provisions of this Agreement shall not be affected thereby, but each term and provision hereunder shall be valid and enforced to the fullest extent permitted by law.
Authority: Customer represents and warrants that CE has the full right, power and authority to enter this Agreement, including the terms and conditions on this side and the reverse side hereto, and to consummate the transaction contemplated by this Agreement; that the person(s) whose signature(s) appear on the reverse side hereto are authorized to execute, deliver and perform this Agreement; and that this Agreement has been duly executed and delivered to CE or its agent and constitutes a legal, valid and binding agreement of Customer enforceable against Customer in accordance with its terms.
Modifications: No supplement, amendment or modification of this Agreement shall be effective unless it is in writing and signed by both Parties.
Attorneys’ Fees: In any action or proceeding which either party brings against the other to enforce its rights hereunder, the unsuccessful party shall pay all costs incurred by the prevailing party, including reasonable attorneys’ fees, which amounts shall be a part of the judgement in said action or proceeding.
Governing Law: The parties agree that all disputes and matters arising under, in connection, or incident to this Agreement shall be litigated in accordance with the laws of the State of California and shall be litigated exclusively in the state or federal courts in the County of Orange, State of California
Miscellaneous: Customer needs to check all merchandise carefully before leaving CE, making sure the quantity and packaging are presentable. CE is not responsible for unloading merchandise delivered to customers. CE is not responsible for any labor cost to the replacement of damaged or defective material. CE is not responsible for cabinets exchanged due to incorrect measurements provided by customer. All dimensions and size designations are given and accepted by Customer.
Terms and Conditions