Disclaimer
TERMS & CONDITIONS
Unless otherwise directed by customer, if this contract includes installation, it is a construction contract which is an agreement between the Contractor and the Owner to alter, improve, repair, replace, or erect real property. It is expressly agreed that title to and ownership of the fixtures included in a construction contract pass to the Owner upon permanent and complete installation of the fixtures to real estate. A construction contract will include a surcharge (S/C) to cover the non-itemized expenses incurred in the fulfillment of the construction contract. If this contract does not include installation or if it is a contract with a valid tax-exempt organization or if a valid resale/exemption certificate has been issued or if a direct pay permit has been issued or if the project is to be completed outside the states of Missouri or Illinois, it is a sale of tangible personal property and it is expressly agreed that title and ownership of the fixtures pass upon delivery, prior to installation. All taxable sales of tangible personal property will have the appropriate sales tax (S/T) charged on the invoice.
The tax amount shown on this invoice has been calculated per a tax code as determined by the type of job being completed; the first and second paragraphs of this document control as to whether a sales tax or a surcharge is calculated while the type of job determines the rate. Regardless of the rate and type calculated, due to program limitations all of these amounts are listed on the invoice as a single tax amount with varying rates. All of the appropriate sales and or use taxes are being remitted to the various states and counties by Brandkamp Cabinets LLC per the tax code assigned.
It is expressly understood and agreed that any specified completion date is only a target date and that contractor will make its best efforts to meet such date, however contractor will not be responsible for any delays beyond its control, including but not limited to, delays caused by weather, fire, accidents strikes or any other type of a lockout. There is no agreement regarding this order other than what is specifically contained herein. Any part of this agreement contrary to the laws of any state shall not invalidate any other part thereof. All cabinets products included herein are being manufactured in Montgomery City MO and are guaranteed against any defect in material or workmanship.
It is expressly understood and agreed that payment in full shall be due upon completion of installation or delivery unless prior arrangements have been made and agreed to. Interest at the rate of 1% per month shall accrue on any unpaid balance thereafter until paid in full. In the event this contract shall be placed for collection, the Owner shall be responsible for payment of all costs of collection, service charges and legal/attorney fees which shall accrue and be due and payable hereunder in addition to the balance due and owing, including interest thereon.
NOTICE TO OWNER
Failure of this Contractor to pay those persons supplying material or services to complete this contract can result in the filing of a mechanics lien on the property which is the subject of this contract pursuant to Chapter 429, RsMo. To avoid this result you may ask this Contractor for “lien waivers” from all persons supplying materials or services for the work described in this contract. Failure to secure lien waivers may result in your paying for labor and material twice.
DEPOSIT & BILLING POLICY AND WAIVER ACKNOWLEDGMENT
Brandkamp Cabinets, LLC (hereinafter “Brandkamp Cabinets”) provides this Deposit & Billing Policy and Waiver Acknowledgement to the undersigned customer (“Customer”) prior to the Customer completing its order. The terms and conditions outlined herein are incorporated as part of the agreement between Brandkamp Cabinets and the Customer
DEPOSIT POLICY
Brandkamp Cabinets requires a deposit in the amount of One Thousand Dollars ($1,000.00) on orders of $5,000.00 or greater. This deposit is refundable if Customer cancels its order at least thirty (30) days prior to the scheduled installation date set forth below. If Customer cancels its order within thirty days of the scheduled installation date, the Deposit is non-refundable and shall be retained by Brandkamp Cabinets.
COST OF CABINETS DUE ON SCHEDULED INSTALLATION DATE
Brandkamp Cabinets will produce and be ready to deliver the cabinet order on the scheduled installation date. If for any reason the Customer is not ready for final installation of the order, then the base cost of producing the cabinets will still be due on the installation date. Customer will be invoiced separately for the delivery and installation portions of the charges upon final installation.
STATEMENT OF DISCLAIMER
Brandkamp Cabinets is pleased you have chosen our company for your custom cabinets. Please read and acknowledge the following statements regarding the natural characteristics of wood grain and the artistic and unique appearance of each of our glazed products before placing your order.
Materials - What to Expect
Brandkamp Cabinets' wood cabinets, doors and components are hand built using the finest furniture grade natural hardwoods, natural softwoods and manufactured sheet materials depending on application and selections. Many of these materials are products of nature, and therefore, variations in color, grain and texture are to be expected. Some materials have unique grain characteristics that may cause the final finish to look darker or lighter in some areas. Therefore, while your cabinetry will have the same basic appearance as our door samples, they will be absolutely unique and perhaps noticeably different.
Engineered wood products provide long term consistent color and grain patterns, however slight variations are expected and acceptable in man-made and natural products. Light reflecting from different angles, proximity to light source, differences in color of light source and difference in surrounding surfaces can cause the illusion of variations in color and shading. These differences are to be expected and naturally occurring. You can anticipate the consistency of quality and craftsmanship in all of our cabinetry.
Stained, Painted and Glazed Finishes
Our finished sample is a close color representation of what an overall kitchen will look like and is not meant to match every door or cabinet. The artistic nature of hand-built cabinetry with hand-applied finish, along with the unique qualities of natural and manufactured materials can create an unbalanced or inconsistent look. The differences in the final look from home to home or door to door are part of the design. When selected, the art of the hand-glazing process combined with the differences created by the natural characteristics of the materials will exaggerate both the character and variation in the finish. These differences should be expected
Discoloration: All finishes are susceptible to discoloration due to airborne particles such as cooking, grilling, smoke, fireplaces or candles. Prolonged exposure to natural or artificial light and/or moisture may alter the finish color as well. Touch up or replacement items completed after installation may not result in an exact match due to discoloration.
Expansion and Contraction:
Please be aware wood expands and contracts due to environmental changes in temperature and humidity. Five-piece cabinet doors (and multi-panel cabinet doors) are constructed with a small amount space in the frame groove, which allows the panel to float slightly within the frame, allowing for expansion of the panel due to changes in the environment, without causing the frame to split or crack.
The natural process of expansion and contraction can create open joints in the finish. An open joint line related to expansion or contraction is not considered a defect. The finish will still protect the surface, and the structural integrity of the joint will not be affected. Wood may expand and contract differently from cabinet to cabinet and even joints within the same cabinet may behave differently. Some joined wood may not show any joint lines, others may be slightly visible, while others may display easily visible joint lines. Joint lines also may occur due to repeated impacts from normal everyday use. An exposed open wood joint can be damaged from prolonged exposure to water or heavy moisture. Therefore, wipe off any excess moisture from cabinet surfaces as soon as possible.