TERMS AND CONDITIONS OF SALE
THE FOLLOWING TERMS AND CONDITIONS GOVERN ALL SALES
- True Grit Woodworking, LLC is considered the seller in the sales transaction. True Grit Woodworking, LLC is also known as (aka) True Grit Woodworking & Cabinetry, and TGW.
- The purchaser understands that the products described are specifically designed and custom built for the buyer, these are products which seller does not regularly stock and are special order parts that the seller takes immediate steps upon execution of this agreement to design, order and construct those items set forth herein: therefore, this agreement is not subject to cancellation by the purchaser for any reason.
- Purchaser must report any defect or damaged products to TGW within 5 working days of product being installed.
- TGW provides a (1) one-year limited warranty on its products after installation. The standard form of warranty shall apply to the service and product furnished (except where other warranties of purchased products apply). Seller warrants that it has title to the goods sold. Seller makes no, and hereby disclaims, warranties of any kind, express or implied, including, without limitations, warranties of merchantability and fitness for a particular purpose with respect to the goods referred to herein. Any warranty affecting these goods is solely by their manufacturer, the terms of which will be furnished upon request. The warranty shall become effective when all invoices have been paid in full.
- True Grit Woodworking & Cabinetry will take every step possible to deliver products in a timely manner. However, a delivery date, when given, shall be deemed approximate. Seller shall not be responsible for any delays in delivery of the goods due to any circumstances beyond seller’s control, including, but not limited to fire, flood, earthquake, transportation delay, labor disputes, civil disorders, governmental orders, or actions, acts of war or terrorism, and inability to secure goods from seller’s usual sources of supply.
- The purchaser agrees to accept delivery of the product or products when ready. The risk of loss, as to damage or destruction, shall be upon the purchaser upon the delivery and receipt of the product. Delay caused by purchaser may result in storage fees and additional trip charges. The purchaser must provide adequate temperature and humidity conditions upon delivery and installation of products. The interior conditions of the house must be within 68F – 75F and 35% – 55% humidity. If these conditions are not met, the integrity of the cabinets will be degraded, and the warranty will be nullified.
- Any additional work (change orders) will be treated as a separate contract, of which deposits, payments, and terms as previously listed are binding.
- Title to the item sold pursuant to this agreement shall not pass to the purchaser until the full price as set forth in this agreement and all change orders are paid to the seller in full.
- True Grit Woodworking, LLC has the right to publish pictures of the cabinets and products provided during and after construction, for use with marketing materials such as social media.
- Customer acknowledges and agrees that delays in payment shall be subject to interest charges of (1 1⁄2% per month) 18% per annum, and in no event higher than the interest rate provided by law. If the seller is required to engage the services of a collection agency or an attorney, the purchaser agrees to reimburse the seller for any reasonable amounts expended to collect the unpaid balance, including and not limited to all attorney, collection, court and filing fees.
- No claim for damages, defects, shortages or otherwise shall be valid unless made in writing within ten (10) days of delivery of goods to customer. If the goods are damaged or defective and the manufacturer acknowledges responsibility under its warranty or otherwise, seller may, but shall not be required to (I) replace the damaged or defective goods from inventory, if available, or (II) allow customer a credit for the purchase price of the goods. Under no circumstances and in no event will seller be liable for personal injury or property damage or any other loss, damage, labor, cost of repairs or incidental, punitive, special, or consequential damages of any kind. In no event shall seller’s responsibility to customer exceed the purchase price of the goods involved.
- No demolition, plumbing, electrical, HVAC, flooring, appliances, ceiling crown moulding, floor base trim, counter-tops, finishes (paint, stain, sealers), decorating, or other construction work is to be provided unless specifically set forth herein. In the event the seller is to perform the installation, it is understood that the price agreed upon herein does not include possible expense entailed in coping with hidden or unknown contingencies found at the job site. In the event such contingencies arise, and the seller is required to furnish labor or materials or otherwise perform work not provided for or contemplated by the seller, the actual costs thereof will be paid for by the purchaser. Contingencies include but are not limited to: inability to reuse existing water, vent and waste pipes, air shafts, ducts, grilles, louvers and registers; the relocation of concealed pipes, risers, wiring or conduits, the presence of which cannot be determined until the work has started; or imperfections, rotting or decay in the structure or parts thereof necessitating replacements.
- Cabinets are fabricated using 1/2″ birch enclosure, 3/4″ birch adjustable shelves w/ hardwood nosing, unless otherwise noted. Our typical hinges for doors are Hettich, concealed, stainless steel, soft-close, 110 degree open, 1.2″ offset (or equivalent). Our typical drawer slides are Knape Vogt, medium capacity, full extension, soft-close (or equivalent). Other types of hinges and slides are available and may effect price. Drawer boxes are constructed of 1/2″ plywood sides/butt joints with a 1/4″ bottom.
- The customer accepts all responsibilities, including financial, for any/all changes after the final cabinet construction drawings are approved. representations will be provided along with a plan and elevation view. All drawings should be reviewed in detail by the customer as to the type of doors and drawers, sizes, heights, etc, and how they fit into the required space.
- Due to the volatility of materials costs caused by disruptions in the global supply chain, pricing is valid for (7) seven days. Prices are considered fixed when this estimate is signed within 7 days as accepted and material deposit is made.
- Delivery Included within the Kansas City (KC) metro area. Additional fees will be charged for areas outside of a 30-mile radius of downtown KC.
- Sales tax is included on all sales.
- Schedule is to be considered phased. Typically, delivery and installation will be completed as a group of cabinets are completed.
- Standard payment terms are as follows (unless otherwise noted): 55% material deposit, 20% at completion of delivery, 20% after install, 5% at completion of hardware install and punch list [ Checks payable to True Grit Woodworking, LLC].
- True Grit Woodworking, LLC is fully covered with General Liability, Commercial Auto & Worker’s Compensation Insurance. We can provide a certificate at your request.
- The seller retains the right upon breach of this agreement by the purchaser to sell those items in the seller’s possession. In effecting any resale on breach of this agreement by the purchaser, the seller shall be deemed to act in the capacity of agent for the purchaser. The purchaser shall be liable for any net deficiency on resale.
- If any provision of this agreement is declared invalid by any tribunal, the remaining provisions of the agreement shall not be affected thereby.
- This agreement sets forth the entire transaction between the parties; all prior agreements, warranties or representations made by either party are superseded by this agreement. All changes in this agreement shall be made by a separate document and executed with the same formalities. No agent of the seller, unless authorized in writing by the seller, has any authority to waive, alter, or enlarge this contract, or to substituted, or to make a different contracts, representation, or warranties.
- Signature warrants that all information appearing on this form is true and correct. In consideration of True Grit Woodworking, LLC. or any related company accepting checks from above named customer, I (we, buyer) hereby personally guarantee payment and collection of all checks, both personal or company, and agree to pay any delinquent balances, services charges, and cost of collection of such amounts. I (we, buyer) hereby acknowledge that I (we, buyer) have read and agree to abide by the terms of sale as listed above. Acceptance of this estimate is a binding contract between all parties.