1. Scope of Work

These Terms & Conditions govern the supply, fabrication, delivery, and installation of cabinets and related accessories (“Work”) for multi-family projects, as defined in the executed agreement, proposal, specifications, drawings, and approved shop drawings (collectively, the “Contract Documents”). Any work not expressly included is excluded unless agreed to in writing.

 

2. Contract Documents & Interpretation

The Contract Documents shall be read as complementary. In the event of inconsistency, the following order of precedence shall apply:

1. Executed Agreement or Subcontract
2. Approved Change Orders
3. Approved Shop Drawings
4. Project Specifications
5. Proposal/Quotation
6. These Terms & Conditions

 

3. Shop Drawings, Field Dimensions & Approvals

All cabinet layouts, dimensions, finishes, and hardware are subject to shop drawing approval by the Owner, Architect, and/or General Contractor (“GC”). The GC is responsible for providing accurate field dimensions and verifying site conditions. Approval of shop drawings authorizes fabrication and constitutes acceptance of all details shown. Revisions after approval may result in additional costs and schedule extensions.

 

4. Materials & Manufacturing Standards

Cabinets shall be manufactured in accordance with industry standards and the approved Contract Documents. Natural variations in color, grain, texture, pattern, and sheen are inherent in wood, veneer, particle board, MDF, laminate, thermofoil, and engineered materials and shall not be considered defects. Samples and mockups are representative only.

 

5. Production Lead Time & Scheduling

Cabinet lead time is about 60 days with domestic production and 90 to 120 days with overseas production from receipt of approved shop drawings and final finish selections. All lead times and schedules are estimates and may be affected by material availability, factory capacity, shipping delays, labor conditions, or events beyond the Supplier’s control. Delays shall not entitle the GC or Owner to liquidated damages or back charges.

 

6. Delivery, Storage & Handling

Delivery shall be made to a designated staging area or as otherwise agreed. The GC shall provide secure, dry, and climate-controlled storage. The Supplier is not responsible for damage due to improper storage, moisture, excessive heat, theft, or jobsite mishandling after delivery.

 

7. Site Conditions & Trade Coordination

The GC is responsible for ensuring that the jobsite is ready for installation, including walls, floors, and ceilings being level, plumb, square, dry, and free of obstructions. All required MEP rough-ins, drywall, and flooring shall be completed prior to installation. Additional labor or rework required due to site conditions or coordination issues shall be treated as a change order.

 

8. Installation

Installation shall be performed in a workmanlike manner consistent with industry standards and approved shop drawings. Shim spaces, fillers, scribes, and minor adjustments are standard in multi-family construction and shall not be considered defects.

 

9. Typical Units & Repetitive Layouts

For multi-family projects, approved typical units, mockups, or model units shall establish the standard for remaining units. Minor dimensional or field variations between units are acceptable and shall not constitute nonconforming work.

 

10. Changes & Change Orders

Any changes to scope, quantities, materials, finishes, access, or schedule must be authorized in writing prior to execution. Change orders may include additional costs for labor, materials, handling, overtime, remobilization, or schedule acceleration.

 

11. Pricing & Payment Terms

Pricing is based on quantities and scope outlined in the Contract Documents. Payment terms shall be net 30, progress payments, no deposits requirement, and no retainage withheld on materials, shall be as stated in the agreement or invoice. The Supplier reserves the right to suspend work or withhold delivery for non-payment. The GC shall be responsible for all costs of collection, including reasonable attorney fees.

 

12. Title & Risk of Loss

Title to materials transfers upon full payment. Risk of loss transfers upon delivery to the project site or designated staging area, regardless of installation status.

 

13. Inspection, Punch List & Acceptance

The GC shall inspect the Work upon completion of installation. Punch list items must be submitted in writing within five (5) business days. Items not identified within this period shall be deemed accepted. Damage caused by other trades, occupants, or jobsite conditions is excluded from warranty.

 

14. Warranty

The Supplier warrants that cabinets are free from manufacturing defects under normal use for a period of one (1) year from installation, unless otherwise stated. Installation warranty is limited to workmanship only. This warranty excludes normal wear and tear, misuse, moisture exposure, heat damage, improper cleaning, structural movement, and work performed by others.

 

15. Exclusions

Unless expressly included, the Work excludes plumbing, electrical, gas, appliance installation, countertops, backsplashes, flooring, painting, drywall repair, demolition, permits, inspections, engineering, and design services.

 

16. Limitation of Liability

The Supplier’s total liability shall not exceed the value of the Work performed under the contract. In no event shall the Supplier be liable for indirect, incidental, consequential, or delay-related damages.

 

17. Force Majeure

The Supplier shall not be liable for delays or failure to perform caused by events beyond its reasonable control, including acts of God, labor disputes, material shortages, transportation delays, pandemics, or governmental actions.

 

18. Termination

In the event of termination, the GC shall pay for all Work completed, materials fabricated or ordered, and costs incurred to date. All custom or made-to-order products are non-cancelable once fabrication has commenced.

 

19. Governing Law

This agreement shall be governed by and construed in accordance with the laws of the state in which the project is located.

 

20. Entire Agreement

These Terms & Conditions, together with the Contract Documents, constitute the entire agreement between the parties and supersede all prior negotiations or understandings. Any amendments must be in writing and signed by both parties.