The Loft Woodworks

Terms and Conditions:

1. Terms and conditions as stated herein become a part of our quotation and will apply to the acceptance by THE LOFT WOODWORKS, of your order.  All terms and conditions expressly specified herein shall render null and void any conflicting terms and conditions in any and all other contracts relative to this proposal.

2. Quoted prices are valid for 30 days.  Project scheduling will begin upon receipt of 50% fabrication deposit due at time of contract.  No work will be scheduled prior to receipt of 50% deposit for any reason.

3. Design deposits or fees will include one 2D black and white line drawing or one 3D color rendering as specified on the proposal.  The design deposit fee will include one review and revise session with one re-submittal of drawings or renderings.  Additional changes to the design or concept will be billed $35 per hour.  Design deposits do not include shop drawings unless otherwise stated; shop-drawing costs are included in the production budget.  Shop drawings will not be produced until: 1) the design concept rendering has been approved and 2) the 50% production deposit has been received.  50% of design deposits will be applied toward the production deposit.  All jobs include a design fee unless detailed drawings and specifications have been supplied prior to price quoting.

4. Shop drawings will include the following:  elevations, cross sections and plans that will identify all critical dimensions, chosen appliances/electronic components, hardware and special features.  If it is not shown or addressed on the drawings or submittals provided, THE LOFT WOODOWRKS has not agreed to supply it.  All shop drawings and product samples must be signed, dated and returned before THE LOFT WOODWORKS will proceed with the manufacture of any project.  Any detail pertaining to cabinet construction and installation that is not specifically discussed and documented will be performed at the discretion of THE LOFT WOODWORKS.  The shop drawings will include one review and revise session with one re-submittal of drawings.  Additional changes to the shop drawings will be billed at $35 an hour.

5. THE LOFT WOODWORKS’ finishes are among the most consistent available.  Our multiple step technique combined with the careful selection of color matched woods and veneers ensure that the finished project will be consistent as possible.  However, since the properties of wood are not consistent themselves, we cannot ensure that each part of the project will look exactly alike, nor can we guarantee that the project will exactly match the initial sample.  Therefore, THE LOFT WOODWORKS does allow for a range of color on its finished products.  This acceptable color range may sometimes span several shades above or below the average shade for a stain/specie combination.  Variations may also occur in hand applied paint finishes such as pickled, ragged, glazed, crackle, etc., these variations are normal.  All finish samples must be signed, dated and returned before THE LOFT WOODWORKS will proceed with the finishing stage of any project.

6. Warranty: It will be the responsibility of THE LOFT WOODWORKS to insure that all material, products and taxes relating to the customer’s project are paid and that there will be no potential lien claimants after the customer’s final payment has been made to THE LOFT WOODWORKS.  All work shall be performed in a professionally reasonable manner and there will be no defects in workmanship.  Materials and hardware used by THE LOFT WOODWORKS or its subcontractors shall be warranted only to the extent that the suppliers or manufacturers of those products provide a warranty.  In the event that a defect is discovered in one of these products, THE LOFT WOODWORKS will assist the customer in securing a replacement or repairing the products for the duration of the product manufacturer’s warranty.  Warranty on the workmanship and materials provided by THE LOFT WOODWORKS shall be for a period of 12 months from the date of the contract; unless otherwise specified in the material or supplier’s warranty.  THE LOFT WOODOWORKS 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.  Any claim or cause of action arising out of the terms of the contract or warranty must be filed in a court of competent jurisdiction within the period of the warranty previously stated.  Any warranty performed during the warranty period does not extend the warrant any further than was previously stated in terms of the time from the date of the contract.  All aspects of this warranty are void if a person or company other than THE LOFT WOODWORKS performs or re-performs any work within the scope of the warranty.  The following are excluded from warranty by THE LOFT WOODWORKS: a) movement or misalignment of cabinets due to settling or movement of foundation floors, walls, or ceilings;  b) damage to woodwork, finish, or any defect due to exposure to excessive moisture, heat, humidity, or cold;  c) wood movement, raising of the grain, or any other problem or defect arising from the exposure to moisture at the customer’s job site if cabinets or woodwork are delivered unfinished or unsealed.  It is the responsibility of the general contractor or customer to insure that all products ordered from THE LOFT WOODWORKS comply with all local codes relating to other subcontractors, whose work affects THE LOFT WOODWORKS products, i.e. framing, plumbing, electrical).  The warranty will not include any changes or alterations necessary to conform to such codes.

7. Correction of Work: After the contact is substantially complete, a representative from THE LOFT WOODWORKS and the customer/customer’s representative shall jointly inspect the work and a single list (punch list) shall be prepared identifying all work to be completed or corrected.  There shall be only one such written list of work identified to be incomplete or incorrect, and the customer/customer’s representative shall sign the list.  THE LOFT WOODWORKS shall then expeditiously complete all work stated on the punch list for which they are responsible in the terms of this Agreement.  The customer/customer’s representative shall not contract with any alternative contractor for the performance of completion of work within the scope of the Agreement, nor shall the customer/customer’s representative claim a credit or back charge for the cost of completing an item slated on the written punch list, nor shall the customer/customer’s representative occupy or use the stated work until and unless THE LOFT WOODWORKS is first given responsible notice and opportunity to correct the work stated on the punch list referred to above.  If the customer/customer’s representative does contract with an alternative contractor to perform the punch list work or otherwise completes the project without first affording the above-described opportunity to THE LOFT WOODWORKS, or if the customer/customer’s representative commences to use or occupy the space or work in which THE LOFT WOODWORKS performed work, the customer then agrees to accept all work “as is” and thereby waives any claim against THE LOFT WOODWORKS under the terms of the Agreement, including warranty claims.

8. THE LOFT WOODWORKS is not responsible for any plumbing, electrical, painting, decoration, cabinet pull installation or other construction work unless specifically stated in the design specifications and construction details that are part of this Agreement.  THE LOFT WOODWORKS will not be held liable for reasonable damage to paint, wall coverings, floor coverings and ceiling materials associated with the installation of custom millwork.

9. Storage and handling charges will be applied to any and all projects undeliverable after a delivery date had been set, for more than 15 days due to delays caused by the real property owner, architects, interior designers, contractors, service people, vendors or any other source not including subcontractors, vendors and suppliers hired or paid directly by THE LOFT WOODWORKS.  Storage charges are assessed a $1.00 per lineal foot, per day, 7 days a week.  Projects delivered to a site and not installed due to delays by others will be subject to full payment minus the cost of installation as determined by THE LOFT WOODWORKS at its sole discretion.

10. THE LOFT WOODWORKS does not guarantee any shipment or delivery date.  Any time or date stated herein or otherwise identified by THE LOFT WOODWORKS or any of its agents or employees for shipment or delivery is intended as an estimate only.  Accordingly, THE LOFT WOODWORKS shall not be liable for any damages of any nature whatsoever arising directly or indirectly out of a delay in shipment or delivery.

11. Account balances not paid within 10 days of invoice date will be charged a finance charge of 1.5% per month or the maximum permitted by law and a $25 late fee.  All returned checks, for any reason, would incur a $50 handling charge plus bank fees, per occasion.  Projects with, for any reason, past due balances, partial payments, returned checks, etc., may be delivered and or installed on a pre-paid basis at the sole discretion of THE LOFT WOODWORKS.  Any hold back or retainage shall be paid within two days of the completion of the original punch list items.  No claims will be accepted on accounts with unpaid balances.

12. Changes to the project will only be made after a written change order has been signed by both THE LOFT WOODWORKS and the customer.

13. Job cancellation:  Should the customer decide to cancel the job beyond 72 hours from the signing of this contract, a percentage of the deposit will be retained by THE LOFT WOODWORKS to cover time and materials up to the point then the job was canceled.

14. All agreements contingent upon strikes, accidents, or delays beyond our control.

Acceptance of Contract

The above prices, specifications and conditions are satisfactory and are hereby accepted.  You are authorized to perform the work as specified.  Payment will be made as outlined above.