Top Cabinetry Contract Terms and Conditions
TOP CABINETRY LLC, further referred to as TOP CABINETRY. The parties to this agreement are CUSTOMER and TOP CABINETRY. CUSTOMER represents that he/she has the legal authority and right to enter into this contract and that he/she agrees to keep the property and improvement free from any obstructive or conflicting claims that would interface with TOP CABINETRY’s work or performance under this contract. TOP CABINETRY hereby agrees to design, order cabinets, install cabinets, or other woodwork specified for living spaces inside and out as agreed with Customer. TOP CABINETRY agrees to professionally preform the designed work and the Customer agrees to meet the requirements below and make payment accordingly.
All cabinets are made from wood products; therefore, natural ‘imperfections’ (spots, shade variances, knots, etc.) will exist. A solid wood cabinet door may not have full matching grain or color. Changes cannot be made to these natural grain and color variations.
Both parties agree NO modification to the contract shall be enforceable unless it is in writing and signed by both parties.
FORCE MAJEURE: delays caused by floods, strikes, illness, labor disputes, backordered material, accidents, acts of God or other causes beyond the reasonable control of TOP CABINETRY shall excuse or extend the time for performance of the contract
SELF-INSTALLATION (If Applicable):
TOP CABINETRY will not be responsible for any damage to materials caused by CUSTOMER or CUSTOMER’s agent.
TOP CABINETRY must be notified of any pre-existing damage within 24 hours of delivery or pick-up; otherwise, no exchanges will be allowed.
PROFESSIONAL INSTALLATION (If Applicable):
TOP CABINETRY’s and its contractors are licensed and insured in the State of Illinois for the Sale and Installation of Cabinets and Countertops. We employ professionally trained Carpenter workers in the cabinet and countertop trade. We provided professional workmanship, ethics, and sound business practices.
CUSTOMER’S RESPONISBILTIES (If Applicable):
CUSTOMER agrees to have all work areas broom cleaned and ready for the installers when they arrive. CUSTOMER is responsible for providing proper temperature and conditions at the job site. CUSTOMER is aware that wood products can be adversely affected by water, and hereby accepts responsibility for any damage occurring as a result of adverse job site conditions.
Unless otherwise specified, CUSTOMER’s responsibility includes the removal of all furniture, fixtures, everything from cabinet, drawers, and appliances so that the TOP CABINETRY shall have clear access to the work area. TOP CABINETRY is not responsible for damage to furniture as a result of moving.
CUSTOMER understands that installing cabinets/countertops is a construction project and agrees to vacate the work area during the project.
CUSTOMER understands that installing cabinets/countertops is a construction project, which, in process, may disclose unforeseen barriers to proper completion of the contracted work. Any unforeseen repairs to, or preparation of, the job site are not the responsibility of the TOP CABINETRY. Any additional work as a result of unforeseen repairs will be priced and agreed to prior to doing additional work. CUSTOMER agrees to pay for this additional work upon completion of work.
CUSTOMER agrees that any injuries that occur as result of the CUSTOMER not vacating the area will not create liability on the part of TOP CABINETRY.
CUSTOMER is aware that installation or removal of wood products may create dust in the air.
CUSTOMER has taken such precautions, as he/she feels adequate to protect the surrounding area from such dust. TOP CABINETRY shall not be held responsible for any damage resulting from dust nor shall TOP CABINETRY be responsible to clean up dust in other than the area of the installer’s work area.
CUSTOMER understands that during the installation, some damage to walls/trim or ceilings may occur. TOP CABINETRY will not be held responsible for repairing, replacing and/or painting of these items.
COUNTERTOPS (If Applicable):
If TOP CABINETRY is doing the countertops, they will be templated after the cabinets are completely installed. Templating will be scheduled in a timely manner. Once templated the countertops will be installed within 10 to 15 business days after final measure. TOP CABINETRY is not responsible for any other jobs privately negotiated between the independent contractor, i.e. plumber, electrician, other installers, and customer.
Actual cost is based on the field measurement and the material needed. Total includes 1 measure and 1 installation trip within the metro area. Job sites outside the metro area are subject to additional costs. All cabinets, support & apron front sinks must be installed before the PhotoTop measure. All Sinks & faucets (unless provided by TOP CABINETRY) must be onsite at the time of field measure for the PhotoTop technician to pick up. Cabinets and supports must be installed level.
MISCELLANEOUS:
TOP CABINETRY will not be responsible for any required plumbing (Dishwasher, Sinks, Computers, Technology etc.) gas, appliances, paint, flooring, wall brackets for supporting granite tops unless incorporated in the scope of work, soffit, or electrical work (Hood, Range, Oven, Outlets, Switches, etc.). Work as in removing, relocating, reconnecting and/or adding plumbing or electrical must be done by a licensed plumber or electrician. Hired by the CUSTOMER.
TOP CABINETRY will not be responsible for installation of appliances as well as other construction, plumbing, electrical or other trade work.
TOP CABINETRY accepts responsibility for materials delivered to job site in good order by TOP CABINETRY or his suppliers and agrees to provide protection against theft and damage from the elements.
PAYMENTS:
CUSTOMER agrees to make all payments in accordance with the terms and conditions of this contract. A deposit of 50% towards the job at signing of the contract, and final payment due 2 weeks prior to delivery. TOP CABINETRY has the right to cancel the job at any time without penalty. If TOP CABINETRY cancels the contract, he/she agrees to refund any portion of the CUSTOMER’s deposit/payment that pertains to products not yet delivered and/or services not yet rendered.
CUSTOMER understands that any changes which are to be made to the agreed upon plans and specifications, may result in additional costs of labor or materials or both. CUSTOMER agrees to pay such additional costs upon presentation of billing by TOP CABINETRY.
All prices that are based on plans or measurements provided by CUSTOMER or its Contractor and are subject to increase in the event of any inaccuracies therein.
Interest shall accrue on unpaid balances, after 14 days of non payment and scheduled delivery shall be canceled. A rate of eighteen percent (18%) shall be applied until paid in full. In the event it becomes necessary to refer the account to an attorney or collection agency for collection, Purchaser agrees to pay, in addition to the balance due on the account plus interest as set forth herein, all of the fees and costs of collection, including, but not limited to, Court filing and service fees. You are hereby authorized to furnish all material and labor required to complete the work mentioned in the above proposal, for which CUSTOMER agrees.
