PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF THIS CONTRACT
1.All Materials are first quality unless otherwise stipulated on this invoice. Materials on this invoice are to be ordered as per Buyer’s selection of quality, color and dimensions. All colors subject to dye-lot variations if materials are special ordered or cut from stock. Buyer understands this agreement and is not subject to cancellation or change.
2.LA KITCHEN CITYhereafter referred to seller, will immediately order the described materials or the final yardage but shall not be responsible for delays in delivery of material from the manufacturer, the availability of the installation schedule, and other various circumstances beyond the control of the seller.
3.LA KITCHEN CITYwill make every endeavor to honor the installation date agreed upon with the Buyer. However, seller disclaims any responsibilities for delays due to various reasons; manufacturer or mill delays, late deliveries, bad or rainy weather, sickness or unpredicted circumstances. No adjustment will be made to the purchase price if delays are incurred by the Buyer due to circumstances beyond the control of the seller. Seller does not guarantee a specific time when the installer will arrive, start or finish the job. Buyer will not be reimbursed for any money lost due to time off from work.
4.In the event of Buyer dissatisfaction with the installation: Buyer agrees to cooperate with the seller and allow a reasonable length of time for completion of corrective measures. Seller reserves the right to send a representative to inspect the job and have a final decision, which will meet California State Construction Standards.
5.Buyer understands that nonpayment of any completed work will result in a mechanics lien being place on the jobsite address and court papers filled. Buyer will be responsible to pay for the mechanics lien release fees. Seller also retains the right to reposes merchandise for non-payment and Buyer agrees to pay an interest at the rate of 12% per annum on the remaining balance of the job.
6.Buyer agrees to pay 25% restocking charges due to cancellation, size or material changes. Delay in installation for more than a week accrues restocking and warehouse charges but special order will not be returned or cancelled.
7.Seller guarantees labor for one year from date of installation unless otherwise specified in writing. RENTAL PROPERTIES ARE GUARANTEE FOR 30 DAYS ONLY.
8.Seller and/or installer are not responsible for disconnecting and reconnecting hook-ups: Televisions, stereos, alarms (under carpet wiring), phone and major appliances. If items mentioned above are not disconnected the installer will disconnect and reconnect. However, Buyer assumes full responsibility.
9.All door cutting is the responsibility of the Buyer.
10.Buyer is responsible for uneven floors or walls due to pre-existing conditions. Seller is not responsible to fix any surface. Should existing flooring imperfections become evident once existing flooring is pulled up, Buyer is responsible for fixing floor or paying Fix 4 Less for labor and material to correct floor. Prices do not include floor preparation, sub-floor or base boards.
11.Installers do not move waterbeds, slate pool tables, grand pianos/clocks, computers, antiques, hospital beds or entertainment centers. Seller/ installers are not responsible for ceiling to floor mirrors or mirrors affixed to doors. Seller/installers are not responsible for damage to ceilings, walls, floors, doors, doorjambs or furniture being removed.
12.All floor covering jobs will have an additional 10% material to compensate for cuts and waste.
13.Only written agreements on the contract will be honored. No verbal agreements will be honored regardless of who makes them.
14.Payments in full are immediately due and payable once installation of any specific item is complete or material only of any specific item is received.
15.Usually 5% of less padding than carpet is needed for the average wall-to-wall installation. All pad prices have been adjusted to reflect this savings.
16.The right of cancellation does not apply if Buyer signs the Sales Contract at the office of LA KITCHEN CITYand if any special orders purchased by seller for Buyer, including rush delivery, have been made.
17.All unfulfilled contracts are void ninety days from the purchase date.
18.Seller/installer does not vacuum flooring once job is complete.
19.Any carpet padding pulled up by the Buyer will not be picked up or hauled away by LA KITCHEN CITY
20.All Kitchen cabinet jobs do not include plumbing, electrical or removal of old kitchen cabinets unless otherwise written on invoice.
21.No promises, changes, guarantees, or preparations are made unless specifically stated in writing by LA KITCHEN CITYmanagement. The sales personnel cannot make any written or verbal agreements or changes. This contract is subject to approval by the main office.
22.Any controversy or claim arising out of the relating, to this contract, or the breach thereof shall be settled by arbitration in accordance with uniform rules for the Better Business Bureau Arbitration and judgment upon the arbitrators(s) may be entered in any court having jurisdiction thereof.
