TERMS OF SALE
These terms and conditions govern the sale of Products (“Product or Products”) and services (“Services”) by Fairfax Kitchen Cabinets, LLC. (“Fairfax Kitchen Cabinets” or the “Seller”) and its affiliates (together, the “Seller”). Sales of Products and services are identified on a delivery, installation, packing list, sales order, quotation, 20/20 design, order acknowledgement, or invoice (collectively, the “Sales and Delivery Documents”) issued to Customer, and includes any related services including deliveries.
These terms and conditions (“Agreement”) take precedence over Customer’s supplemental or conflicting terms and conditions to which notice of objection is hereby given. Neither the Seller’s commencement of performance or delivery shall be deemed or construed as acceptance of Customer’s supplemental or conflicting terms and conditions. Fairfax Kitchen Cabinets’ failure to object to conflicting or additional terms will not change or add to the terms of this agreement.
Any and all individuals signing Sales and Delivery Documents on behalf of Customer represent and warrant to Seller they are authorized to do so, and acknowledge these terms and conditions shall be binding upon Customer. Customer affirms and ratifies any individual signing an invoice/ticket on behalf of Customer is authorized to place such order.
Customer’s signature on the Sales and Delivery Documents constitutes acceptance of the Terms and Conditions, which are incorporated by reference to any and all subsequent change orders, modifications, or new orders. The Seller’s corresponding signature on the invoice/ticket signifies acceptance of the order and constitutes an executed order.
The prices of the Products are those prices specified on the front of the Quote, Sales Order or Invoice. Pricing for undelivered Products may be increased in the event of an increase in the Seller’s cost, change in market conditions or any other causes beyond the Seller’s reasonable control.
Price quotations shall automatically expire in thirty (30) days from the date issued, or as otherwise stated in the quotation.
When applicable, shipping, delivery and taxes shall appear as separate items on the Seller's invoice to be paid in full by the Customer.
Payment may be made by check, money order, or credit card (all indicated fees are borne by the Customer) and is due upon acceptance of Quotation unless otherwise agreed in writing. Payments made by check must be cleared and approved by the bank prior to Product order.
If Customer fails to make each payment when it is due, the Customer agrees to pay 25% per annum interest on any unpaid balance, as well as all costs of collection, including, but not limited to, reasonable attorneys fees, court costs, check return charges, and all other damages.
The Seller will make every effort to meet the estimated delivery date specified in the Sales and Delivery documents. However, this date is an estimate, and it may change due to events or circumstances either within or outside the Seller’s control without otherwise impacting the Agreement.
In the event that certain Products ordered are subsequently determined by the Seller to be out-of stock, the Customer will be informed of the new estimated delivery date. Once notified of the new estimated delivery date, Customer may request the Seller in writing via Email, to:
Wait until all Products are in-stock and ship a complete order. The Customer will be responsible for additional storage fees charged by the Manufacturer or the Delivery Agent, if applicable.
Ship in-stock Products immediately and out-of-stock Products upon receipt by the Seller. Customer will be responsible for additional shipping charges.
Replace out-of-stock Products with in-stock Products and ship the order. Customer will be responsible for any additional difference in price.
Cancel the out-of-stock Products within three (3) business days of notification of back-order.
Orders for any Products may be cancelled by Customer for any reason at any time during the same business day of the order date.
Orders for standard order Products may be cancelled after the next business day of purchase but may be subject to a restocking fee determined by the Manufacturer. Orders for special order/custom Products may NOT be cancelled after the next business day under any circumstances.
The Customer may not, under any circumstances, cancel within 24 hours of ship date or after the order is shipped, without penalty. Penalties may include, but are not limited to, Customer forfeiting remittance of any payment amount, partial payment, additional shipping/storage fees, restocking fees, etc. Exceptions will be made on a case-by-case basis for extraordinary circumstances.
All cancellations must be made in writing with notice of acceptance of such cancellation by the Seller for such cancellation to be effective.
SHIPPING & DELIVERY
Shipping and delivery may take place by a third-party delivery company. Seller or third-party delivery company will confirm delivery schedule with Customer.
Delivery services may include Third Party LTL Delivery Service – All LTL orders are packaged in individual boxes, placed on a pallet and shrink wrapped. Shipping charges cover only one delivery attempt, and additional shipping and handling fees will be applied for delivery failure due to Customer.
The Customer must be present to receive, inspect, and sign off on delivery. If the Customer designates a representative to receive, inspect, and sign off on delivery, the Customer remains responsible for that representative’s judgments. Any missing or incorrect items, shortages, Product damages, or packaging damage, must be notated on the Seller’s Packing List(s) or Driver’s BOL (bill of lading) document. Freight Claims for damaged items must be reported/filed within three (3) business days of receipt. Please contact Customer Service at email@example.com to request an RMA form to file a claim.
All Products sold by the Seller come with the Manufacturer’s standard warranty. No other warranty is provided, either express or implied, and no other representation is made by the Seller as to the Products’ suitability or intended use.
Please see our Limited Liability Warranty for more information.
No Products may be returned by the Customer to the Seller without first obtaining a Returned Materials Authorization (“RMA”). An RMA may be requested by the Customer for the return of:
Undamaged Standard Order Products - An RMA for undamaged standard order Products to be returned is subject to a twenty five percent (25%) restocking fee. If the Seller is required to pick up the Products, the Customer will also be responsible for associated pick-up fees.
Damaged or Defective Products - An RMA for damaged Products to be returned must be requested within three (3) business days of the Products’ delivery or pick up. The Seller, in its sole discretion, may provide a replacement part or may provide a replacement Product in its entirety. Expedited shipping is NOT available for replacement parts. The Seller will not be responsible for any labor costs incurred during installation due to Products that may have been flawed or damaged in transit.
Certain Products may NOT be returned, including:
Glass package, molding, filler, panel and accessory Products
Special order or custom Products
The Seller reserves the right to determine the method by which damaged or defective Product issues will be resolved. The Seller further reserves the right to deny a defective product RMA request if it determines, in its sole discretion, that the defect is within a normal tolerance.
The Seller may also deny a damaged Product RMA request in its sole discretion if it believes the Seller, it’s supplier, or it’s shipping agent were not the source of the damage.
All returned Products must be returned in the original Product packaging within five business days of the approved RMA request.
For RMA requests, questions, or concerns, please contact us in writing at firstname.lastname@example.org.
Please refer to Our Replacement Policy for more information.
The Customer and the Seller will attempt in good faith to resolve promptly any dispute arising out of or relating to this Agreement or the breach thereof. If a dispute should arise, Customer and Seller agree to submit the dispute to mediation.
The Customer and the Seller further agree that their participation in mediation is condition precedent to any party pursuing any other available remedy in relation to the dispute. Mediation involves no formal court procedures or rules of evidence, and the mediator does not have the power to render a binding decision or force an agreement on the parties. The Customer and Seller agree that the entire mediation procedure will be confidential. The Customer or Seller must give written notice of their desire to commence mediation, and a mediation session must take place within forty-five (45) days after the date such notice is given. The mediation shall be attended by representatives of each party with authority to resolve the dispute, and counsel for the parties shall not attend the mediation unless otherwise agreed to by the parties. The Customer and Seller will jointly appoint a mutually acceptable and neutral mediator. If Customer and Seller are unable to agree upon the appointment of a mediator within seven (7) days after notice of desire to mediate is given, Customer or Seller may apply to the American Arbitration Association for appointment of a mediator.
The mediation shall be held in Fairfax, Virginia. The Customer and Seller agree that the expenses of mediation shall be borne equally by both parties. The Customer and Seller agree that arbitration will not be used to settle a dispute arising out of or relating to this Agreement or the breach thereof.