Terms & Conditions
Thank you for choosing Simply Cabinetry (hereinafter also referred to as “Brand”). Simply Cabinetry is trademarked and used only by a group of licensed partners and owners of Independent Companies (hereinafter also referred to as “Seller”, ”Company”, “We”, “Our”) Whom provide products and service to Professional Consumers (hereinafter also referred to as “Client”, “Purchaser”, ”Consumer”). These terms and conditions govern your access to, and use of, our special order products including but not limited to; cabinetry, hardware, countertops, accessories (“collectively products”) and services; including, but no limited to, our showroom, consultations, design services, and the purchase of cabinetry (“collectively services”). We pride ourselves on offering more selection ranging from, but not limited to, various; suppliers, factories, manufacturers, distributors (“collectively vendors”)
Each showroom / location is independently owned and operated
Consumer Notice
These products and services are intended to be purchased by industry professionals and businesses. Our products require professional installation and project management. For these reasons consumer laws may not be applicable and individual consumers must accept all risks associated with this agreement. It is the sole responsibility of the client to obtain these proper professionals to perform the scope of work required.
Professional installation & Project management is Required
Products
We pride ourselves on offering quality construction materials ranging from cabinetry, hardware, countertops and accessories. These products are designed to provide organized storage and can range in style, functionality, and construction. These products are man made and sourced from natural materials, therefore, imperfections are to be expected. Products may vary by lot and batch. All products are sold as is and make no claim to the final description.
Our products are man made and sourced from natural materials imperfections are to be expected.
Natural Characteristics of Wood
We must bring to your attention natural and inherent characteristics of wood products that will create a unique look to each completed project. Wood, being a product of nature, has many variations that give each product its own unique appeal. Cabinets are made up from many parts of different trees. Each part may accept stains differently causing a natural variation that creates the finished product. Variations in grain as well as the natural occurrence of mineral deposits, pin holes and sap streaks should be expected. In addition, wood is also impacted by the environment in which it resides. Elements such as temperature fluctuations and exposure to natural light contribute to the continuous impact on wood. As temperatures vary, wood will expand and contract, causing the appearance of small visible lines at the mitered seams particularly on doors with painted finishes. This is natural and does not compromise the integrity or the finish of the cabinetry. Also, the level and consistency of natural / ultraviolet light will contribute to the changing or darkening of some cabinetry.
We offer real wood products that have unique characteristics and variations are to be expected.
Design Services
Our Design Team is here to assist in selecting products that fit your space, lifestyle and aesthetic. Our Design services are free with purchase. Our Clients have the ultimate final decision of design and final selection. For advanced designs including; custom cabinetry, spacial challenges, multiple revisions, or a design release, a small minimum 10% deposit may be required. All Projects are "Fit to Design" therefore: appliances, sinks, hardware, faucets, lighting, surfaces, etc must be selected based on the cabinetry design. Walls, windows, doorways, appliances, plumbing, electrical, mechanical locations may need to be altered to design to accommodate requests. The cost of these job site changes are at the expense of the customer. For additional help, our professional services are available at a minimum rate of $100/hr. All designs are the intellectual property of Simply Cabinetry. All designs are a visual representation and are not a guarantee of final results. All design work must be checked, prior to ordering, with your professional Contractor / Installer. NOTE: Building codes vary, therefore, please confirm with local government officials and/or architects as this is beyond the scope of our responsibility.
Please confirm all designs & dimensions with your Contractor / Installer
Pricing & Payments
We attempt to honor all quotes in writing for 30 days. Pricing is subject to change without notice. However all discounts are subject to their respective terms set by vendors or promotion period. Discounts and promotions can not be used on past purchases. Only one promotion may be redeemed per order (not stackable). Discounts will be forfeited and must be repaid for clients not honoring the terms of this agreement to its entirety. Payment methods include: cash, check, credit / debit cards, and financing. Select payment methods may incur additional fees. Financing is subject to approval through 3rd party services. Financing is considered a promotion and cannot be used with other promotional offers. All payments must be paid to “Company”. DO NOT make any checks or personal cash app payments to a direct individual or employee representative of the company. The Invoice total represents the project minimum cost, changes and alterations thereafter will result in additional fees (see change orders). Please confirm all products specified in your bill of material. All payments including deposits are non refundable. Deposits may only be applied or used for the same entire project they were originally paid to. Orders must be paid in full before releasing for fulfillment / production . Full payment is an applicable form of confirmation to release order. We reserve the right to collect for any and all additional fees, expenses, labor hours, costs, and professional service fees including but not limited to the Brand and our attorneys that include; failure to pay, returned checks, unpaid invoices, change orders, unjustified charge backs, merchant disputes, and project disputes.
Orders are non negotiable. All payments are final
Orders
Please double check and confirm all products; including but not limited to color, style, quality, quantity, parts, modifications, accessories, features, construction included in your order with your Contractor / Installer via your invoice, quote, or bill of materials. This list is available by request (provided a deposit has been paid). These products represent the included materials in your project. Failure to review these details may result in additional costs and/or unsatisfactory results.
Orders can not be changed after confirmation
Change Orders
Change orders aka add-on orders are additional products, parts, or services required to complete a project due to changes and alterations to the initial order and/or design for reasons such as aesthetic changes, functional changes, job site changes, or failure to confirm initial order or availability of products or related products. Change orders require additional products and services to be rendered, therefore, applicable fees and costs of these are the responsibility of the client.
We do accept change orders for design, installation, or job site changes
Lead Times
All lead times are estimates and subject to change without notice. Products may ship in separate batches or from separate warehouses or factories. Please note, your order may have backordered items, these items will ship when they are available. For this reason, we, in conjunction with the vendors/factory, reserve the right to make substitutions of products based on parts & resources available. No compensation will be provided for backordered items or job site delays.
Products ship factory direct, lead time varies. Be sure to have a secure location selected to store them
Returns and exchanges
All of our products are special ordered for a specific project or individual need. Therefore, these products can not be returned or exchanged. For damaged products see (claims) for additional products see (change orders). We or the client may order or request additional products for a fact known in the industry as “waste factor” to insure the contractors have additional materials to complete the project. For this and other reasons projects may have leftover products, pieces or parts. We encourage our clients to keep these parts for future use or be used on a future project. These leftover parts have no monetary value. In the rare event a return or exchange is granted it is subject to any and all recoverable costs including shipping, restocking, repackaging and paid in the form of credit on account used for a future order with us.
All products are special order and can not returned refunded or exchanged
Cancellations
Orders may be canceled for any reason and must be done in writing by the original purchaser and must be done prior to final Delivery. Cancellations are subject to a one hundred percent cancellation fee of the original cost plus all additional fees and costs associated with the order. payments / deposits will not be returned or refunded. undeliverable orders and unresponsive clients are subject to cancelation. We reserve the right to cancel any order at any time for any reason.
Orders may be canceled and payments/Deposits will not be returned.
Receiving deliveries
Orders are placed promptly with our vendors and fulfilled/shipped out immediately upon completion. Orders are not held for specific installation or project schedules. All orders are shipped Free on Board (FOB). Shipping service varies by product and vendor. Services may include: Fedex / UPS package delivery, (where boxes are left at job site near front door) Freight truck load LTL tailgate (one truck driver arrives on site and Consumer / Contractors are required to unload and set on site), final mile white glove (where truck and multiple guys unload products at first dry landing). Orders ship factory direct via these 3rd party authorized representatives. It is important to communicate with these shipping agents promptly as it can cause delays in your project. An authorized representative over the age of 18 must be on site to accept the delivery. Note: Orders may ship from multiple factories and require multiple deliveries. Orders must be checked for accuracy, damages, and stored in a climate controlled area. Orders are accompanied with a packing slip, manifest, or bill of lading. Please note any and all shortages and \ or damages before signing, otherwise claims will not be honored. Orders must be scheduled or picked up within 2 weeks (can vary by vendor) or storage fees will accrue. Fees are set by the delivery company at a minimum rate of $10 per day per cabinet. These fees must be paid to the delivery agent before order may be released for delivery. Failure to accept or schedule delivery in 2 weeks will result in cancelation (see cancelation). We will not reimburse or credit for any delivery charges for missed deliveries, multiple deliveries or changes in delivery terms such as pick ups. Pickups are not recommended in the unlikely event requested, it is the clients responsibility to schedule this service and bring all necessary moving labor and equipment. In the event that a job site is not secure or not accessible or not deliverable, the client is responsible for making alternative arrangements at the expense of the client.
Orders ship factory direct, customer is responsible for coordinating inspection, deliveries, and Proper storage.
Installation
Our products require professional installation by licensed bonded and insured contractors. Failure to hire qualified professionals can result in damage to our products, additional cost of goods required, extended timeline, and unsatisfactory results. Your professional installers responsibility must include: reading plans, confirming dimension and designs, project management, loading transporting and accounting for products, ensuring safe and proper storage of products, installing, securing, modifying, leveling, adjusting cutting / trimming, final touch up, documenting and communicating all shortages and claims, providing the labor to satisfy any and all warranty and claims. Projects may require cabinets to be retrofitted or modified on site by the installer examples include but not limited to: sinks / farm sinks, appliances, oven / microwave cabinets, chases and cut outs, plumbing access, accessories, and components. Most of our products ship assembled, however, periodically some products and accessories require assembly or installation on site. Note: It is the client’s responsibility to confirm access to the site as some cabinets require large openings to fit into the final space, failure to do so will result in rigging, reconstruction, redelivery or reordering(see change order). Our representatives are under no obligation to install or construct any part of the order expressed or implied nor be responsible for any products that are damaged through misuse or mistakes in installations. We may refer industry professionals and should be used at your own risk
Installation services are NOT included in your order. Do not schedule installation until products have arrived and have been fully inspected for damages and accuracy.
Warranty
Our products are covered by industry leading warranties through the respective vendor / manufacturer. We make no claim to the terms of these warranties expressed or implied. Warranties are typically limited and cover only material defects or craftsmanship and limited to the replacement of materials only (no labor services). We do not cover contractor expenses or labor to cover these costs. For more details or information or for the certificate of product warranties please contact your local sales or design team. Warranties do not cover misuse abuse neglect improper care storage maintenance installation, nor loss from theft, flooding/water or natural disasters.
Your order maybe covered under a Vendor / Manufacturer warranty please read it carefully for complete details
Claims
It is the responsibility of the customer to report and properly document all claims. All claims must be submitted via our online form system as this allows us to properly track and process these claims in a timely manner. Claim details must be thorough and will require photographs supporting the claim. Claims are all subject to vendor approval. Claims include: Shipping claims which include shortages and visible damages; these claims must be submitted immediately after delivery and be documented on the shipper's paperwork. Product claims which include hidden damages, wrong product, defective items; these items must be submitted within 7 days (one week) after receiving the product. Warranty claim which includes product failure after installation (See warranty). Installation is acceptance, shipping and product claims will not be honored or approved for installed products. DO NOT DISCARD DAMAGED PRODUCTS UNTIL YOU HAVE AN ACCEPTABLE REPLACEMENT AND VENDOR HAS NOT REQUESTED THE PRODUCT BACK. All Labor expenses resulting from a claim such as; disposal, installation, inspection, reconstruction, etc is at the expense of the client.
Inspect all products prior to installation, claim damages immediately. Do not install damaged or defective products.
Legal
Indemnity; Limitation of Liability.
Purchaser shall indemnify, defend and hold harmless Seller, including its directors, officers, agents, and employees, from all claims, losses, damages, expenses (including reasonable attorneys’ fees and court costs), and liabilities for injury to or death of any person, or for loss or damage to any real or tangible personal property arising out of the acts or omissions of Purchaser under this Agreement. IN NO EVENT SHALL SELLER BE LIABLE FOR ANY INCIDENTAL, INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FURTHER, SELLER’S TOTAL AGGREGATE LIABILITY FOR DAMAGES UNDER OR IN CONNECTION WITH THIS AGREEMENT, REGARDLESS OF THE FORM OF THE ACTION OR THE THEORY OF RECOVERY, SHALL NOT EXCEED THE PRICE PAID BY PURCHASER UNDER THIS AGREEMENT.
Force Majeure
Seller shall not be responsible for contingencies beyond its control, such as fire, government seizure or control, acts of God, strikes, factory or labor conditions, Pandemics, or any other unfavorable causes that may or shall prevent shipment at the time or times provided for herein. Quoted delivery dates are Seller’s best estimate based on current schedules. Incremental or additional costs incurred by Seller, as a result of Purchaser’s alteration of the delivery schedule, will be borne by Purchaser. Purchaser agrees to (i) waive any right to offset, whether under this Agreement or under applicable law or otherwise, any amount owed by Seller to Purchaser against any amount then owed or in the future to be owed by Purchaser to Seller and (ii) pay to Seller the full amount owed to Seller in accordance with the terms of this Agreement. For the avoidance of doubt, Purchaser does not waive any substantive claim (other than with respect to its right to offset as described in the preceding sentence) that it may have against Seller.
Photo Release
Buyer grants seller the consent / rights to take, use and / or share photos and / or videos of the project such as before, process, installation, delivery, and completed work in public digital or print publications such as but not limited to; Website, Social media, Magazines and Television.
Legal Expenses and Collection
Purchaser shall be liable for all reasonable costs of collection and statutory attorney’s fees incurred by Seller by reason of Purchaser’s failure to pay on the account when due.
Waiver by Seller of any default by Purchaser shall not be deemed a waiver by Seller of any default by Purchaser which may thereafter occur.
This Agreement may be terminated by Purchaser only when approved in writing by a duly authorized officer or agent of Seller. In the event of termination, Seller will take immediate steps to mitigate termination costs to Purchaser, but
Purchaser shall reimburse Seller for the costs of all labor, overhead and material costs and other commitments made by Seller in reliance upon this Agreement. Insolvency of Purchaser, the filing of a petition in bankruptcy or the commencement of any insolvency or receivership proceeding shall be deemed a termination by Purchaser.
Security
Seller retains a security interest in the materials and product ordered herein until payment in full has been received.
Ownership of Materials:
Designs, processes, drawings, specifications, reports, photographs, data and other technical or proprietary information relating to this order shall remain the property of Seller, and Purchaser agrees that it will not use any of such items or information therein for the production or procurement from any other source of articles furnished in connection with this order, nor reproduce or otherwise appropriate the same without the prior written authorization of Seller .
Purchaser agrees that it will not disclose or make available to any third party the terms or provisions of this Agreement, including but not limited to the items referred to above, without the prior written authorization of Seller.
Purchaser may not transfer or assign this Agreement without the prior written authorization of Seller.
Order of
In the event of a conflict between the terms of this Agreement and any other document presented by Purchaser pursuant to this order, including but not limited to any purchase order issued by Purchaser, the terms of this Agreement shall govern.
Notwithstanding any other provision herein, Seller shall be entitled to seek equitable relief to protect its interests, including but not limited to preliminary and permanent injunctive relief. Nothing herein shall be construed to limit any other remedies available to Seller.
Any obligations which by their nature would survive termination of this Agreement, including but not limited to the obligations of confidentiality and indemnification, shall survive such termination.
These terms and conditions shall be severable and the invalidity or unenforceability of any of them under any circumstances shall not affect those terms and conditions which are not held to be invalid or unenforceable.
Entire Agreement
These terms and conditions constitute the entire understanding of the parties related to the subject matter hereof and may be amended or modified only by written agreement of the parties to this Agreement.
Governing Law
This Agreement shall be governed by, and interpreted in accordance with, the laws of the State of Pennsylvania without giving effect to any choice or conflict of law provision or rule (whether of the Pennsylvania or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than the State of Pennsylvania. Each party agrees (i) that the exclusive jurisdiction for the resolution of any dispute, proceeding, or legal action (jointly “Proceeding”) related to this Agreement or the transactions contemplated hereunder shall reside in the state or federal courts located in Pennsylvania and (ii) not to assert any claim that it is not subject personally to the jurisdiction of such court, that the Proceeding is brought in an inconvenient forum, that the venue of the Proceeding is improper, or that this Agreement may not be enforced in or by such court .