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Terms and Conditions

BY MAKING A DEPOSIT ON YOUR INVOICE, YOU AGREE TO THE FOLLOWING:

1. SCOPE OF WORK TO BE COMPLETED BY BUYER:

  1. New Renovations: All walls touching millwork to be plumb, straight and leveled. Any millwork requiring hanging must have ¾” plywood backing installed prior to installation. Should Custom Lotus need to perform any scribing work due to the scope of work not being completed by the Buyer, Seller will charge $100 per hour for any and all scribing work.
  2. Existing structures non-renovation: Projects with no renovation where walls are uneven will require fillers.

2. MEASUREMENTS

For measurements requiring verification per design specifications, final measurements will be verified on site upon completion of renovation, defined but not limited to all walls being completed and at least 1 coat of primer applied. Any delays in construction may delay the Sellers obligation. Seller is not responsible for any delays caused by construction. If measurements are provided by Buyer, Seller is not responsible for any inaccuracies.

3. PAYMENT STRUCTURE:

i. For products and services where Custom Lotus handles the installation: The purchase price of the Product(s) is (see invoice)

  1. Initial Down Payment 40% of the Invoice. This down payment will be applied toward the purchase price.
  2. Buyer will make a second payment prior to the manufactured Products delivery. This payment will include remaining balances for all manufactured Products, change orders and additional items. This payment will be applied toward the purchase price.
  3. Buyer will make a final payment for the balance of the invoice when the final punch-list is completed. Punch-list must be provided no later than 3 days after confirmation by Seller of installation completion.

ii. For products and services where Custom Lotus will only produce: The purchase price of the Product(s) is (see invoice)

  1. Initial Down Payment: Buyer will make a Fifty (50) percent down payment of purchase price. This down payment will be applied toward the purchase price.
  2. Final Payment: Buyer will pay remaining balance on the invoice. Buyer will make a second and final payment of purchase price prior to delivery or pick up. This payment will be applied toward the purchase price.

4. ADDITIONAL ITEMS:

All knobs and/or pull hardware are not included in the purchase price. All knobs and/or pull hardware to be purchased by Buyer and delivered to Seller during the production process and prior to delivery. Any glass, mirror(s), LED lights and/or LED light fittings purchased by Seller will be billed separately to buyer. Any specialized hardware requests by Buyer and purchased by Seller will be billed as a separate line item on the invoice provided. Countertops are not included and are billed separately.

i. Certain materials may require additional shipping fees. You will be notified via email and will need to approve the additional charges prior to shipping.

5. TIME OF PAYMENT:

Buyer will pay Seller the purchase price per paragraph 3. Buyer acknowledges and agrees that delays in payment shall be subject to interest charges of (1 1⁄2% per month) 18% per annum, and in no event higher than the interest rate provided by law. If the Seller is required to engage the services of a collection agency or an attorney, the Buyer agrees to reimburse the Seller for any reasonable amounts expended in order to collect the unpaid balance, including and not limited to all attorney, collection, court and filing fees. Items listed on the invoice as a courtesy credit will be debited back to buyer should Seller need to engage the services of an attorney or collection agency. Any delays in materials supplied by others needed to complete the project shall not impede payments due. In the event that Seller is a subcontractor for this purchase contract and the contractor is released or relieved from his duties, Seller maintains the right to go directly to the contractors customer or client to collect moneys owed.

6. METHOD OF PAYMENT:

Buyer will pay Seller by either:

  1. b Personal or business check
  2. Direct bank to bank transfer
  3. Cashier’s check
  4. Cash

        a. Bounced Check fee and/or Returned payment fee: A $75 fee will be assessed for any returned payments

7. OWNERSHIP:

Title to the Product sold pursuant to this Agreement shall not pass to the Buyer until the full purchase price and all change orders are paid to the Seller in full.

8. ESTIMATED DELIVERY AND INSTALLATION:

  1. Custom Lotus, LLC will take every step possible to deliver products in a timely manner. However, a delivery and installation date, when given, shall be deemed approximate. Seller shall not be responsible for any delays in delivery of the goods due to any circumstances beyond Seller’s control, including, but not limited to fire, flood, earthquake, transportation delay, labor disputes, civil disorders, governmental orders or actions, acts of war or terrorism, and inability to secure goods from Seller’s usual sources of supply.
  2. Delivery and installation occur Monday through Friday. To mitigate any damage to your custom furniture, delivery and installation will take place only after renovations have been completed.  In the event that there are outside parties working in the place of delivery, Seller will not be held liable for any damages that occur by outside parties.
  3. In the event the Buyer cannot accept delivery on the due date, Seller will store the Product(s) for five (5) business days. On the sixth (6th) business day Seller will arrange for Product(s) to be placed in storage up until the Buyer is ready to accept delivery. Buyer agrees that any and all fees including, but not limited to storage, transportation to and from storage, will be fully reimbursed by Buyer to Seller.
  4. Installation shall be performed by Custom Lotus or a subcontractor hired by Custom Lotus. Buyer must have the area accepting the millwork ready for installation by the estimated delivery date. Should said space not be ready for installation, Seller will reschedule the installation date at Sellers earliest convenience. Seller will not be held responsible for any delays in delivery and installation.
  5. Seller is NOT a General contractor. Seller cannot make any changes to items relating to the foundation and any integral part of the structure of the building. Seller is not responsible for the installation of appliances and/or any cutouts relating to the installation of appliances.
  6. Any delays in Shop Drawing approvals may delay production, delivery and installation schedules.

9. WARRANTY:

Seller offers a limited One (1) year warranty on Product to be free of defects in material or workmanship. This warranty does not cover the natural aging or darkening of wood color, the inherent growth characteristics of, or variation in wood. Some replacement parts are subject to availability and may differ from those originally supplied. This warranty does not apply to products or parts purchased without a finish. This warranty does not cover normal wear and tear, or damage or defects caused by misuse, abuse, negligence, alteration, water damage or improper handling. To the extent permitted by law, this warranty does not cover special, incidental or consequential damages, whether arising out of breach of warranty, breach of contract, tort, or otherwise. Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you. This warranty gives you specific legal rights, and you may also have other rights which vary from state to state. This warranty is only valid in the Unites States of America. This warranty is nontransferable.

10. ADDITIONAL WORK

Any additional work (change orders) will be treated as a separate contract, of which deposits, payments and terms as previously listed are binding. Changes orders will be provided a separate delivery and installation date, charges for and not limited to delivery, shop drawing requests may occur.

11. DEFAULT OF BUYER:

The Seller retains the right upon breach of this agreement by the Buyer to sell those items in the Seller’s possession. In effecting any resale on breach of this agreement by the Buyer, the seller shall be deemed to act in the capacity of agent for the Buyer. The Buyer shall be liable for any net deficiency on resale.

12. CANCELATION:

Buyer may cancel this transaction without any penalty or obligation and receive a full refund, within 2 days from the effective date of this Agreement, by returning to Seller a Notice of Cancellation. After the 2 day expiration period there will be no refunds or exchange. All sales are final post the 2 day period.

13. ENTIRE AGREEMENT:

This is the entire agreement between the Parties. It replaces and supersedes any and all oral agreements between the Parties, as well as any prior writings.

14. SUCCESSORS AND ASSIGNEES:

This agreement binds and benefits the heirs, successors, and assignees of the Parties.

15. NOTICES:

All notices must be in writing. A notice may be delivered to a Party at the address that follows a Party’s signature or to a new address that a Party designates in writing. A notice may be delivered:

  1. in person
  2. by certified mail, or
  3. by overnight courier

16. GOVERNING LAW:

This agreement will be governed by and construed in accordance with the laws of the state of New York.

17. COUNTERPARTS:

This agreement may be signed by the Parties in different counterparts and the signature pages combined will create a document binding on all Parties.

18. MODIFICATION:

This agreement may be modified only by a written agreement signed by all the Parties.

19. MEDIA:

Custom Lotus reserves the right to photograph and/or record any work performed and reserves the right to publish without claim any recorded work to any media and social outlet including but not limited to Facebook, Instagram, Twitter, LinkedIn. Custom Lotus will own the rights to any such material photographed and/or recorded exclusively.

20. WAIVER:

If one Party waives any term or provision of this agreement at any time, that waiver will be effective only for the specific instance and specific purpose for which the waiver was given. If either Party fails to exercise or delays exercising any of its rights or remedies under this agreement, that Party retains the right to enforce that term or provision at a later time.

21. SEVERABILITY:

If any court determines that any provision of this agreement is invalid or unenforceable, any invalidity or unenforceability will affect only that provision and will not make any other provision of this agreement invalid or unenforceable and shall be modified, amended, or limited only to the extent necessary to render it valid and enforceable.

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