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Terms & Conditions of Sale

 
 
  • The deposit must clear the bank before any orders will be cleared for shipment to buyer.  Balance of invoice is due on date of delivery or pick up of order.  All past due amounts shall be subject to a service charge of the highest rate allowed by law, which shall be due upon issuance of a bill for same.

  • In the event of causes beyond the Seller's control, including but not limited to natural disasters such as hurricanes, floods or other acts of God, fire, war, terrorist incidents, labor and/or material shortages, strikes or other labor union actions, accidents, limitation on transportation, government priority and/or regulations/restrictions, which interfere with the production, supply and/or transportation of Seller's products, or in the event of Seller's inability to obtain on terms deemed practical to seller any raw materials, energy source, and/or labor force used in connection therewith, the products so affected may be eliminated by Seller from the order or shipment and Seller shall have no liability to Customer for failure to deliver such products and the order or shipment, to the extent any products remain, shall otherwise be unaffected as to the remaining products. The seller reserves the right, during any time of shortage due to these Force Majeure events, to extend the time of delivery, or allocate the shipment of any such products among its customers in any manner as it may deem appropriate.

  • Seller has an expressed Limited Warranty for its products which provides that at the time of shipment and/or pick up, it's products to the Customer will conform with in nationally recognized industry tolerances for said products as specifically identified and described on the face of Seller's invoice, which Seller shall provide to Customer upon Customer's request, and that such products will perform according the Seller's standard printed warranties, if any, relating to such products, subject at all times to the terms and conditions set forth in any such standard printed warranties, which terms and conditions are incorporated herein and made a part thereof.  IF NO STANDARD PRINTED WARRANTY IS APPLICABLE THEN THERE ARE NO WARRANTIES WITH RESPECT TO SUCH PRODUCTS.  SELLER MAKES NO WARRANTY OF MERCHANTABILITY OR FITNESS FOR ANY PURPOSE AND SAID WARRANTIES ARE EXPRESSLY EXCLUDED AND DISCLAIMED BY SELLER, AND SELLER DISCLAIMS OTHER SPRESS, IMPLIED OR STATUTORY WARRANTIES OF ANY KIND.

  • Seller does not warrant against and disclaims liability for warpage, mold, or mildew occurring after delivery or pick up of products to buyer at Seller's shipping point and further does not warrant against, nor will it be liable for checking, leafing, splitting, and other weathering of products sold.

  • CUSTOMER SHALL PROMPLTY INSPECT EACH ORDER FOR DEFECTS OR SHORTAGES UPON DELIVERY OR RECEIPT OF THE PRODUCTS.  ANY CLAIMS FOR OBVIOUS DEFECTS OR SHORTAGES RELATING TO SUCH PRODUCTS MUST BE MADE IN WRITING TO SELLER WITHIN FIVE (5) DAYS AFTER THE CUSTOMER FIRST DISCOVERS OR LEARNS OF ANY SUCH DEFECT.  SHELLER SHALL NOT BE LIABLE FOR ANY CLAIMS MADE BYOND THE FORGOING TIME PERIODS.  All products cold by Seller for Which there is an applicable official grade are sold based upon said applicable grades of the various Grading Agencies used by Seller and in effect at the time of Seller's acceptance of Customer's order.  In case of dispute over quality or quantity, the official inspection of the applicable Grading Agency shall be the basis for settlement.  Products which are claimed to be defective must be intact until inspection and settlement is made by Seller or its agent.  The cost of such an inspection shall be borne by the Customer if the Customer’s claim is determined by the Grading Agency, in its sole opinion, to be unjustified.  Shortages must be supported by Customer's notarized Affidavit attesting to the shortage.  Damage claims must be accompanied by a written statement of the carrier’s agent.  No return of product sold based upon a claim hereunder will be accepted without Sell's issuance of written authorization to Customer.  All authorized returns are subject to a 20% restocking fee and must be in original packaging. 

  • UNDER NO CIRCUMSTANCES SHALL SELLER BE LIABLE FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, WHETHER OR NOT ARISING OUT OF ANY DEFECT, DELAY, NON-DELIVERY, SHORTGE, WARRANTY (OR BREACH THEREOF), NEGLEGENCE OR STRICT LIABLITY.  SELLER'S SOLE LIABILITY AND CUSTOMER'S SOLE AND EXCLUSIVE REMEDY FOR ANY CAUSE OF ACTION ARISING OUT OF THE SALE OF SELLER'S PRODUCTS TO CUSTOMER IS EXPRESSLY LIMITED, AT SELLER'S SOLE OPTION, TO THE REPAIR OR REPLACEMENT OF THE PRODUCTS FOR WHICH CLAIM IS ASSERTED OR TO THE REFUND OF THE ORIGINAL PRUCHASE PROCE PAID TO SELLER FOR SUCH PRODUCT unless otherwise first authorized in writing by a managing agent of Seller, Customer shall have no right to deduct any claim or damage amount, whether actual or alleged, from payment of any amount otherwise due Seller.

  • Many building products, such as interior paneling, particleboard and medium density fiberboard contain urea formaldehyde resins and may release formaldehyde vapors in low concentration.  Formaldehyde can be irritating to the eyes and upper respiratory system, especially to susceptible persons such as those with allergies or respiratory ailments.  Use with adequate ventilation.  If symptoms develop consult your physician.

  • All deposits paid by Customer to Seller are non-refundable.  Any and all deposits once paid are nonrefundable at the sole discretion of the owner of Fournier Custom Designs Inc.

    If payment chosen is a credit card, an authorization form is required. This form will allow Fournier Custom Designs, Inc. to charge the card on file for completed work as agreed upon in all signed contracts.

    Paying the deposit will be the same as signing the above contract and accepting the Terms and Condition of Sale Agreement. 

    This proposal does not include any changes requested once the initial deposit is paid. A secondary proposal will be required for any changes requested once the initial deposit is paid. A secondary timeline will also be given if any changes are requested. An additional fee of $250.00 will be charged for each change requested once the initial deposit is paid.

    Work will not commence until all deposits have cleared the bank. Any banking fees due to returned checks will be subject to a $50.00 charge + banking fees.

    The owner must give Fournier Custom Designs, Inc. access to the area to be worked in as agreed upon in this contract. Failure to do so, due to any circumstances, will null and void this agreement. Deposits will not be refunded. Collections may be used to recuperate any expenses incurred by Fournier Custom Designs, Inc. 

    Failure to complete payment once the job is completed will result in a lien on the property. All appropriate means of collection will be pursued. 

     * Any and all deposits once paid, are non-refundable, at the sole discretion of the owner of Fournier Custom Designs, Inc. *

    Fournier Custom Designs, Inc. retains the right to take pictures of their work and publish them. 

    Any issues discovered after the demo is completed will require additional time to correct. This will also incur additional charges to be paid for at the time of corrections. 

    If the owner decides not to correct any discovered issues a liability release will be required before the job can continue. 

    Final payment constitutes job satisfaction. Once paid, no other work will be performed without another proposal and timeline being agreed upon and signed. 

    Wood and color variations. Natural variations in the color, texture and grain on the wood used to manufacture cabinets or changes in the color of the wood caused by the natural aging process of the wood material is not considered defective. 

    Painted finishes, changes (such as finish stress lines) caused using non-porous woods (such as Birch) or by changes in humidity, temperature and other local atmospheric conditions are not considered defects. 

    Glazed finishes are by nature uneven, and some edges and profiles will be larger than others. Glazed finishes may vary from item to item, resulting in variations in color, texture, and finish. These types of variations are not considered defects. 

  • A Change order is any changes to the scope after the initial contract has been signed. This can include but is not limited to; a change in materials, layout, removing work, adding work, timeline changes etc.

    Only Project managers of Fournier Custom Designs, Inc. are authorized to discuss and submit change orders. 

    Discuss desired or necessary changes with the customer in detail and make notes.

    Estimate cost of materials, labor, overhead and completion time for the change.

    Consider all materials necessary to include interior and exterior.

    Consider all trade contractors involved.

    Consider the stage of construction, what may have to be undone/removed to complete this change.

    Consider the time involved and potential delay to completion date.

    Change Order Fee of $200 if change is not required due to unforeseen circumstances.

    Review proposed change order with field crew/ subcontractors.

    Detail fully, do not abbreviate, do not assume others will understand.

    Submit change order to management for review/approval.

    For changes of $1,000 or less, paper forms can be completed by on site project manager.

    Change orders must include the following:

    Date, Job Address, Contract Price, Change Order Price, Revised Contract Price, Detailed Scope, Signatures of customer and authorized representative of Fournier Custom Designs, Inc. and the following bullet point:

    “Above additional work to be performed under the same conditions as specified in the original contract unless otherwise stipulated.

    Notify the customer of total cost, timeline changes or delays.

    The change order is signed, and payment is collected in full at the time of signing the change order.

    Add change order and receipt to project file.

    Implement the change.

    Only after the order is signed and payment is received.

    Update scope, selections sheet

    Order materials

    Schedule change with field team and sub-contractors.

  • Due to the nature of construction business, the estimated number of days may fluctuate and/or may not be consecutive. As the project progresses, we can better anticipate the projected dates and completion. In the event you need to delay your project, please contact the office no less than 5 business days prior to the date of installation in order to avoid re-scheduling fees. Prior to arrival, our office will contact you to collect the 50% labor deposit, followed by the 50% labor balance due upon completion *unless your contract has a different payment arrangement. Cash, check, or credit card may be used. If you prefer to use a different credit card other than the one you used for your deposit, please let our office know at the time of collection. Otherwise, your original credit card will be charged. Our office will call you 24 hours prior to your installation date to confirm your installer’s arrival time. Please feel free to contact our office any time if you have any questions. We are excited to get started on your project, and we hope you can be present at the end of the installation process because we would love to walk you through the finished product. To ensure the installation goes smoothly, here is what you can do to prepare your space before the installers arrive.

    ACCESS TO YOUR HOME: If there are any special arrangements including parking instructions, parking permits, entry codes, use of service elevators or certain hours when workers are allowed to work, please let our office know, so they can inform the installers.

     CLEAR THE SPACE: It’s important that the installers have a blank area to do the installation. Please remove all personal items including accessories and any mementos. Anything that is movable, like appliances, also needs to be taken out of space. If noted in your paperwork, we will remove and dispose of old cabinetry. Should you choose to keep any of the materials we remove, please let us know ahead of time.

    CLEAR THE AREA: The installers need to have a clear path to the workspace and its surrounding area to work. Please remove all pictures, mirrors, and knickknacks in the immediate area. Any artwork or decorative items need to be removed, so any minor hammering won’t cause something to shake or fall over. Don’t forget to put away any valuables.

    PETS & YOUNG CHILDREN: The safety and security of your family and loved ones is of prime importance to us. Our installers carry heavy equipment in and out of the installation area and they will be using nails and screws. To ensure the absolute safety of your children and furry friends, we kindly ask that your children and any indoor pets remain in a separate area.

    IDENTIFY A WORK AREA: Since your unit is custom-built, the installers will need to cut materials during the installation. To do so, please identify an area -preferably outside -where they can work and show them that area when they arrive. The workspace needs to have an electrical outlet for the installer’s power tools and take care to cover everything nearby, so nothing gets dusty.

    SPECIAL INSTRUCTIONS: Let us know if you have any special instructions or information for us. Examples include other contractors working in your home at the same time, new floors where protective booties are necessary for our workers, etc.

  • The following outlines Fournier Custom Designs storage and delivery service.  As the customer, you may provide a date you would like the job to be done by when you send back the signed contract. Please keep the date reasonable, since it depends on the availability of the cabinet line you chose.

    Storage Fee: 

    We will keep your order for 1 week after the ETA at no charge. 

    After 1 week, we will move your job to our storage facility.

    The charge will be 1% of the cost of the job, per week. 

    Customer Benefits:

    Even if you keep your order with us for a month, it will cost less than a 3rd party storage facility will end up charging you. 

    You will only have to pay the delivery fee once, if applicable.

    We will store the job materials in our air-conditioned storage facility until you are ready to take it. This way it is ready to go as soon as you are ready to receive it. 

    Eliminates any damage done by not handling the product multiple times. We would rather only have our staff store and deliver your job materials to ensure they arrive damage free. 

    Additional Delivery Fees: 

    Any deliveries that require carrying cabinets up the stairs require prior notice.

    There will be an additional charge of $150.00 per floor if no elevator is available. 

    There will be an additional charge of $300.00 which would depend on how many extra people we will have to send.