Unless otherwise directed by customer, if this contract includes installation, it is a construction contract which is an agreement
between the Contractor and the Owner to alter, improve, repair, replace, or erect real property. It is expressly agreed that title to
and ownership of the fixtures included in a construction contract pass to the Owner upon permanent and complete installation of
the fixtures to real estate. A construction contract will include a surcharge (S/C) to cover the non-itemized expenses incurred in
the fulfillment of the construction contract.
If this contract does not include installation or if it is a contract with a valid tax-exempt organization or if a valid resale certificate
has been issued, it is a sale of tangible personal property and it is expressly agreed that title and ownership of the fixtures pass
upon delivery, prior to installation. All taxable sales of tangible personal property will have the appropriate sales tax (S/T)
charged on the invoice.
It is expressly understood and agreed that a 50% deposit is required before a job will be started or scheduled and payment in
full shall be due within 90 days of the 50% deposit or upon completion of installation or delivery, whichever is earlier, unless prior
arrangements have been made and agreed upon. Interest at the rate of 1.5% per month shall accrue on any unpaid balance
thereafter until paid in full. Jobs not shipped within 30 days of initial ship date will incur a storage fee of $10.00 per day and
must be paid in full or interest at a rate of 1.5% per month shall accrue on any unpaid balance effective as of the initial ship date.
A $35.00 charge will be assessed on all returned checks. In the event this contract shall be placed for collection, the Owner shall
be responsible for payment of all costs of collection, service charges and legal/attorney fees which shall accrue and be due and
payable hereunder in addition to the balance due and owing, including interest thereon.
About your cabinets:
The real beauty of wood comes from the true natural qualities of wood itself. Duane’s Cabinets Inc. (DCI) uses only select
hardwoods and veneers. Wood will vary from shades of white to red and almost black, there may even be a slight greenish cast
in some areas. Mineral streaks or spots may be visible, grain and apparent texture will vary from “even” to absolutely “wild”.
These NATURAL variations will be present throughout the wood. They will occur on adjacent cabinets, between pairs of doors
and/or drawers on the same cabinets even within the same panel. Unusual graining in wood will not be cause for replacement.
DCI calls your attention to these characteristics because we cannot be responsible for the type or degree of variation you will
experience in real wood. All hardwood surfaces are finished with a high solid lacquer finish. Finish may appear to slightly
yellow or darken over time, especially in bright sunlight and or smoky environment, this is actually caused by the aging of the
wood. Cabinets should be cleaned at least once a year. We recommend a solution of warm water and mild dish soap. Do not
use harsh chemical cleaners or abrasive pads to clean your cabinets or hardware because they will dull the finish. Do not use
excessive amounts of water while cleaning your cabinets.
A – One year warranty:
DCI warrants its products to be free from defects in material and workmanship for one (1) year from the date purchased. Upon
thorough examination of the products, DCI will repair or replace, at our option, any product determined to be defective. Doors
are warranted against ¼” warpage, except those otherwise specified under “Conditions.” The entire job must be PAID IN FULL
before any type of a warranty claim will be considered.
B – Full Warranty:
Defective hardware, drawer slides, hinges and shelf supports are warranted for life under the original owner. Defective products
(mentioned above) will be replaced immediately upon receipt of your order requesting such parts.
C – NOT Warranted:
Warranties are void if products are improperly stored or handled. Doors over 42” tall ARE NOT guaranteed against warpage.
There will be no warranty on any unfinished products. Placing a sink, cook top, etc. in a countertop miter will void the warranty
for that section.
It is our standard that doors over 20” wide will be pairs. DCI reserves the right to request the defective material be returned for
inspection. Special order or custom items are also not returnable or exchangeable under any circumstances. Customer has the
right, by law, to cancel any order within the first three (3) business days after signing the contract; the deposit will be refunded in
this event. All service, labor, shipping or transportation charges incurred in connection with removal or installation of such
defective parts shall not be the responsibility of DCI. The forgoing provisions state the exclusive remedy for any breach of
warranty, express or implied, relating to DCI to the extent permitted by law. DCI shall not be liable for consequential damages
for any breach of warranty misused, altered, improperly installed or used for any purpose other than normal use.
Failure of this Contractor to pay those persons supplying material or services to complete this
contract can result in the filing of a mechanics lien on the property which is the subject of this
contract pursuant to Chapter 429, RsMo. To avoid this result you may ask this Contractor for
“lien waivers” from all persons supplying materials or services for the work described in this
contract. Failure to secure lien waivers may result in your paying for labor and material twice.