Terms and Conditions
1. CHANGES: Changes can only be made prior to final shop drawings. All changes and related costs must be made in writing and signed by both parties prior to the commencement of construction.
2. DELIVERY: Will be made by Rhyne Design Custom Cabinets. unless otherwise stated. Unless prearranged, cabinets will be delivered to garage of job site. Garage is to be cleaned out previously for adequate delivery and storage of cabinets. Must have a garage door.
The following will result in a re-delivery charge of $150:
A. Customer has not provided Rhyne Design Custom Cabinets with a 2-day minimum notice for requests of delayed delivery.
B. Garage is not ready or opened to receive cabinetry.
C. Final payment not available upon delivery.
D. Delivery vehicle not able to back-up to garage due to uncured concrete, no driveway, etc.
E. Customer not available to accept cabinets and sign Bill of Lading.
3. FINAL PAYMENT: Final payment due upon delivery, and before unloading, of cabinets. Rhyne Design Custom Cabinets reserves the right to request final payment in the form of Certified Check, with a 3-day notice given to Customer. Open accounts for General Contractors upon approval.
4. STORAGE-BY CUSTOMER: Wood products are susceptible to moisture and sunlight. We cannot control job site conditions and therefore cannot be responsible for improperly stored products. It is Customer’s responsibility to see that cabinets are at “occupancy” temperature within 48 hours after delivery.
5. STORAGE AT RHYNE DESIGN FACILITY: If it becomes necessary for Rhyne Design Custom Cabinets to store your cabinets 15 days beyond the Completion date, Customer will be charged a minimum of $25 per day storage fee and customer will be responsible for any moisture damage to said cabinets.
6. FINISHES: Since no two trees are alike in grain and texture, “Nature’s fingerprint” is never the same in two pieces of wood. Therefore, variations in color and grain are natural characteristics of all cabinet woods. Customer should be aware that all woods, some more than others, will darken and/or change color with age. Rhyne Design subcontracts out as well as applies some of its finishes. Our catalyze finish protects and brings out the full beauty and depth of the wood in its natural state.
7. QUALITY OF WORKMANSHIP: Rhyne Design Custom Cabinets has a showroom representing our standard quality and construction of cabinetry. It is the Customer’s responsibility to review the quality and cost of cabinetry.
8. TOPS: Tops, rough and otherwise, are not included in contract price unless specified.
9. DAMAGED OR MISSING ITEMS: At the time of delivery, cabinets are to be inspected by Customer. Any damaged or missing items detected at that time will be listed on the Bill of lading. Rhyne Design Custom Cabinets. will respond as quickly as possible and return items to the job site.
10. MANUFACTURING AND WORKMANSHIP DEFECTS: Customer must notify Rhyne Design Custom Cabinets of any deviations from approved drawings and/or workmanship defects within three working days of delivery date. Defective merchandise problems will be handled either by replacing or reworking the item in the field or returning the item to Rhyne Design Custom Cabinets for repair or replacement; whichever method is deemed appropriate by Rhyne Design Custom Cabinets. This determination will be based on cost effectiveness and time required after gathering all relevant information. If a defect is reported within said 3 days, Rhyne Design Custom Cabinets is only responsible for products supplied per this agreement and signed drawings. Rhyne Design Custom Cabinets is not responsible for tearing out, modifying, or replacing products or work by others, such as: tile work, countertops, floor coverings, painting, plumbing, electrical, etc. (If a cabinet is incorrect, do not install it). Rhyne Design Custom Cabinets is also not responsible for the removal or reinstallation of cabinets. For corrections or defects, please refer to the LIMITED WARRANTY POLICY. Damage done to products supplied by Rhyne Design Custom Cabinets following the date of acceptance will be chargeable repair. If there is a request for a Rhyne Design Custom Cabinets representative to be called to the job site to remedy an error, and the error is found to be the fault of others, there will be a $75 charge to the Customer for site visit.
11. INSTALLATION: It is the responsibility of the installer to install the cabinets level and plumb to avoid racking. After installation the installer needs to adjust all drawers and doors to be sure they are in alignment and functioning properly. Because Rhyne Design Custom Cabinets has no control over the work of others, there will be no warranty coverage on the cabinets installed by others than Rhyne Design Custom Cabinets or its subcontractors.
12. RETURN POLICY: All Rhyne Design Custom Cabinets cabinets are specially manufactured for each individual order and may not be shipped back to Rhyne Design Custom Cabinets on a “Return for Restock” basis.
13. BACK CHARGES/DEDUCTIONS/CONTRA CHARGES: No BACK CHARGES, deductions, or contra charges may be assessed against Rhyne Design Custom Cabinets or deducted from payments due Rhyne Design Custom Cabinets. for any reason unless said charges have been previously approved in writing by Rhyne Design Custom Cabinets representative.
14. BIDDING PROCESS: Our bids are based on our interpretation of your plans, specifications and written or verbal instructions. To be assured that we are bidding what you want, we specify all cabinetry and accessories included in the bid. Anything not listed in our bid is not included. Prior to signing the proposal, it is your responsibility to understand the bid and ask questions if you do not understand, or wish to add an item not included. Bid assumes top of cabinets at 8′ height unless specified on Rhyne Design Custom Cabinet bid.
15. SALES PROCEDURES: Our sales procedure allows one job site meeting and two meeting in our office. Additional meetings or changes after approved drawing will be consider chargeable time at $75 per hour.
16. CABINET CARE: After delivery wipe the finished cabinets with a soft cloth dampened with water. Dry immediately with another clean, soft cloth. Remember to select cleaning cloths that are not made of coarse fabrics since they may scratch the finish. Cloths made of cotton or flannels are soft and absorbent. Do not use synthetic materials. Thirty days after delivery follow this cleaning with a very light coat of high quality liquid or paste furniture wax – one that does not contain a cleaner. A good quality wax contains carnauba wax – check label contents. It is a good practice to follow the grain of the wood when waxing or dusting the cabinets. Cover only a small portion of the surface at a time and rub immediately before the wax has a chance to set. This protection will help keep out excessive moisture which the wood fibers absorb and prevents damage to the finish.
Dust periodically with a polish-moistened cloth as dry dusting may scratch the surface. Products such as Murphy’s Soap or Johnson’s Pledge household cleaner or equivalent are frequently used. Do not wash the cabinets with soap and water. Do not use pure lemon oil. Do not use harsh detergents, strong soaps, abrasive cleaners or self-polishing waxes when cleaning. Treat your cabinets as you would your furniture. Clean and wax at least every 6 months.
When spills occur they should be wiped up immediately before the liquids can penetrate the surface. Sink, range, dishwasher, oven and baseboard areas are most susceptible. Dry off any wet areas with a clean cloth. Do not use your dishcloth to clean or dry your cabinets. It may contain remnants of detergents and greases.
17. COMPLIMENTARY RENDERING SERVICE: Rhyne Design Custom Cabinets offers a complimentary design rendering service to our customers. This free service includes the rendering of only one wall of a room. Customers should specify their preferred wall for rendering when availing of this service. Please note that rendering additional walls or providing additional previews beyond the first complimentary rendering may incur additional charges. Details of these charges will be communicated and agreed upon in writing before any additional work is undertaken. It is the responsibility of the customer to request and confirm all desired renderings and to understand the associated costs for additional services beyond the complimentary offering.
LIMITED WARRANTY:
A. GENERAL WARRANTY: Warranty only applies to original owner. Under normal conditions, Rhyne Design Custom Cabinetswarranties cabinetry and hardware for one-year of delivery date. This warranty does not cover normal wear and tear. Cabinets and hardware, which have been subject to an accident, or have been misused, abused, neglected, modified or improperly stored, will not be covered under this warranty. If the field representative determines, in his best judgment exercised in good faith, that the defects complained of are not manufacturing defects, that determination shall be binding and Rhyne Design Custom Cabinets shall be under no obligation to repair or replace the same, and may charge the purchaser or consumer a reasonable fee for the service. If defects in materials and workmanship should appear, the purchaser or consumer must notify Rhyne Design Custom Cabinets during the period of this warranty, specifying the nature an extent of defect this Limited Warranty does not cover accessories or parts supplied or manufactured other manufacturers.
The conditions listed below will modify this warranty:
1. If cabinets installed by others than Rhyne Design Custom Cabinets or its installers: Rhyne Design Custom Cabinets will not guarantee door and drawer alignment, drawer guides operating properly, and joints
2. If cabinets supplied by Rhyne Design Custom Cabinets unfinished: Rhyne Design Custom Cabinets will not guarantee joints, wood color, warpage, fitting of doors and drawers.
Rhyne Design Custom Cabinets shall not be liable for any direct, indirect, incidental or consequential damages arising from any defects in its manufactured products, and its sole obligation is to remedy any manufacturing defects in the manner described above. Rhyne Design Custom Cabinets does not assume or authorize any person to assume for it any liability in connection with the sale of its products.
Above warranty applies to finish. If the Rhyne Design Custom Cabinets field representative determines, in his best judgment exercised in good faith, that the defects in the finish complained are caused by water or other neglectful acts or substances, that determination shall be binding. Cabinet care procedures detailed in Item No. 17 of this Agreement must be followed for finish to be under warranty.
B. DOORS AND DRAWER FRONTS: Doors and drawer fronts that are within our maximum or minimum sizes are guaranteed against warpage, de-lamination, swelling or twisting by the manufacturer for one year, when given Reasonable Treatment.
Reasonable Treatment requires that Doors and Drawer Fronts be stored in areas that are not subject to abnormal heat, cold, dryness, humidity or direct sunlight. A warp or twist of 3/16 of an inch or less in not considered a defect. A twist is measured by placing the face of door against a true plane surface.
OTHER WARRANTIES: There are no other warranties of any kind, expressed or implied.
PRE-LIEN NOTICE: CALIFORNIA PRELIMINARY 20-DAY NOTICE – NOTICE TO PROPERTY OWNER. This is not a lien. This notice is given pursuant to California Civil Code Section 3097. If bills are not paid in full for the labor, services, equipment, or materials furnished or to be furnished, a Mechanic’s Lien leading to the loss, through court foreclosure proceeding, of all or part of your property being so improved may be placed against the property even though you have paid your contractor in full. You may wish to protect yourself against this consequence by (1) requiring your contractor to furnish a signed release by the person or firm giving you this notice before making payment to your contractor (2) any other method or device that is appropriate under the circumstances.
ARBITRATION OF DISPUTES: Any controversy, disagreement, dispute, question, or claim in excess of $5,000.00 arising out of or related to this contract, warranty policies, or the interpretation or performance thereof, shall be decided by arbitration under the Construction Industry Rules of ARBITRATION AND MEDIATION INTERNATIONAL (A.M.I.) and judgment shall be given the opportunity to fulfill it’s warranties or repair any defects prior to a request for arbitration. After due notice, if nay part fails to appear at or participate in arbitration proceedings, the arbitrator shall make an award based upon evidence presented by the party or parties who do appear and participate. The parties shall request a list of five arbitrators from A.M.I. and shall alternately strike names from the list until one remains, who shall serve as Arbitrator. The arbitration shall be limited to one day and shall be conducted without transcription services. Discovery shall be limited to the exchange of documents. In the event that there are court proceedings arising out of or related to the performance or interpretation of this contract, the court shall award reasonable attorneys fees to the prevailing party. Arbitration fees and cost shall be shared by each party.