Serra Design Inc. Custom Upholstery

Terms & Conditions of Business

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Upholstery Services

 

ConditionsCAT-III(

1)   Terms and conditions as stated herein become a part of our contractual agreement (the Agreement) and will        apply to the acceptance by Serra Design Inc. for your order. All terms and conditions expressly specified herein shall render null and void of any conflicting terms and conditions in any and all other contractual agreements.

(2)   Payment Terms: Quoted prices are valid for thirty (30) days.   All orders are billed in two phases as stated below.       

First invoice the Deposit.................................... 50%, A deposit of 50 % of the contract price is required upon acceptance of the proposal and approval of a scoop of work by our customers.

(2b.) We require three signatures one on the proposal, one on final CAD drawing, and one on the Terms and Conditions.   A deposit will allow us to process your order and schedule production but only the signature of the final CAD drawing will mark the beginning of our fabrication lead time, so please make sure your drawing comes approved along with your deposit.         

Second invoice the Final payment....................... Balance.  This second invoice will be for the remainder of the invoice.

(2c.)  Billing will take place approximately two weeks prior to the completion of your order and is due upon completion of the fabrication. All furniture must be paid before it can be released for either shipping or pick-up.  Your final payment will allow you to schedule your order for shipping or pick up. Please be aware that our lead time commitment is related to production time only (ready to be shipped). Delays in receiving final payment can affect your          delivery date. We recommend that you make payments promptly after receiving the final invoice to avoid any delays.

(3)     CAD Drawings: CAD Drawings will provided by Serra Design Inc. to be reviewed and approved by the client. All CAD drawings must be signed by the person who assumes responsibility for the design, color and the dimensions. The signed CAD drawing is what will be produced and will supersede any verbal or other written agreements. If multiple revisions have been signed, the CAD with the most current date will be used for production.   Once a CAD is signed and sent to production no revisions can be made without a change order (see section 5 Change Order).

(4)    Custom Designs: Design services are provided by Serra Design Inc. This includes an initial two-dimensional black & white CAD line drawing on 8 1⁄2” x 11”.   Additional changes and customization will be billed at $65.00 per hour. All custom works (non-collection pieces) will require a $500.00 design fee deposit. All CAD drawings must be signed and dated to confirm acceptance and to begin the production process.

(5)   Change Order: No revisions can be made without a change order. All change orders will be billed at the cost of the original plus the new piece that is being requested. Change Orders will also change the due date of the order.

(6)    Finishing: All materials provided by Serra Design Inc. will have color and finish variations. All custom color samples must be signed and returned before production begins. The use of any sample or model during the negotiations leading to the purchase of this product serves merely to indicate a type of product that will be tendered to the Purchaser not an exact match. These samples or models create no warranty that the product will conform to the samples or models.

(7)    Warranty:  All finishes and color variation must be inspected prior to installation. Serra Design Inc.  will perform all necessary labor to repair or replace all defective work at no cost to the customer, and will expeditiously act in good faith to secure replacement products or materials under warranty of products or services. Defects caused by the shipping company, carrier, contractors, or anyone other than Serra Design inc. shall not be covered under this warranty. All aspects of this warranty are void if a person or company other thanSerra Deisgn Inc. performs or re-performs any work within the scope of the warranty including modifications and installations.  This remedy is the sole and exclusive remedy for any breach of warranty or any other breaches by seller of this agreement. Seller is not responsible for indirect, s pecial, incidental or consequential damages resulting from any breach of warranty or under any other legal theory, including but not limited to, lost profits, down time, and any damage to or replacement of personal property and fixtures.             Warranty will be null and void if any of the above requirements are not met. Initials __________

(8)    Storage Fees: Storage charges will be applied to every order that has an unpaid balance and is stored for more than thirty (30) days from the time the product has been completed. Storage charges are assessed daily at $3.50 per item, seven (7) days a week. Charges will apply until the product is picked up.   Scheduling for delivery or fabrication will be dependent upon Serra Design Inc. workload at that time. Charges will be invoiced weekly and will be due prior to pick-up.   Serra Desgn Inc.  is not responsible for any damages or injuries caused by fires or unsecured pieces installed by 3rd party.

(9)     Serra Design Inc. shall not be liable for any damages of any nature whatsoever arising directly or indirectly out of a delay in shipment or delivery caused by the property owner, architects, interior designers, contractors, service people vendors or any other source not including subcontractors, vendors and suppliers hired or paid directly by Serra Design Inc.  Customer may choose to use any shipping company desired for pick ups it is recommend to use our preferred carriers.   If anyone other than our preferred carriers are used the client will be responsible for all          insurance claims should any damage occur. 

(10)   Accepting Delivery: Client must examine the furniture at the time of delivery if the driver is one of our preferred carriers is still on site.(11)   Payment Balances: Projects, for any reason, with past due balances, returned checks, breached payment schedules,             etc. will cease production and not be shipped until payment is received. Final payment shall be paid as described in Section 2 of these Terms & Conditions. No claims will be accepted on accounts with unpaid balances.

(12)    Lead Times: Lead times will be counted from the day that all signed documents and the deposit are received by Serra Design Inc. All fabrics and trims must be received before anything will be sent to production.

(13)  Job Cancellation: Should the customer decide to cancel the job beyond forty-eight (48) hours from the signing of this agreement, payment in the amount of fifty (50) percent of the initial deposit will be retained by Serra Design Inc. for standard orders, for custom orders the entire fifty (50) percent deposit will be retained by Serra Design Inc. to cover time and materials up to the point when the job was canceled. There are no refunds for orders canceled         after 48 hours from the signing of this agreement.(14)   Force Majeure: Serra Design Inc. shall not be liable for any delay, failure in performance, loss or damage due to: fire, explosion, power blackout, earthquake, flood, the elements, strike, embargo, labor disputes, acts of civil or military         authority, war, acts of God, acts or omissions of carriers or suppliers, acts of regulatory or governmental agencies,  or other causes beyond Seller’s reasonable control, whether or not similar to the foregoing.         

For Serra Desing Inc.: _____________________________________________________  Date: _____________________              

 

Signature:  __________________________________________ Printed Name:_______________________________________________________

 

Acceptance of Proposal: The above prices, specifications and conditions are satisfactory and are hereby accepted. Serra Deisgn Inc. is authorized to do the work as specified. Payment will be made as outlined above.

 

 

Designers Signature.   ____________________________________________________________ Date: ________________________ 

 

Printed Name:    _____________________________________________________