KBI Website Terms & Conditions:
CLIENT
Price Changes. Proposal prices are adhered to as much as possible. However, in light of the many contingencies that effect design projects (including but not limited to periodic price increases from suppliers, which occur without notice, and, for purchases of Merchandise from overseas, differences resulting from shipping costs, currency exchange rates, and the like) we do not make any representations that the actual prices for Merchandise, related decorative work performed on such Merchandise, Decorative Installations, or any other costs of services related to the purchase, manufacture or installation of Merchandise, will not vary from any Proposals or budgets proposed, established, or approved by you. In light of the foregoing, we reserve the right to increase your price accordingly. We will notify you of any price increases; and when the price increases by more than ten percent (10%) over the original Proposal price, we will obtain your written approval prior to purchase. We do not represent or warrant the price for any item of Merchandise or service is the best available price.
No Cancellations or Returns. All Proposals approved by you in writing are non-cancelable unless we expressly agree to any such cancellation in writing in each instance. Should we accept a cancellation of an order (which acceptance may be withheld by us for any reason) we shall have the right to retain from any payments made by you on account of such order an amount equal to the compensation or fees that we would have been entitled had the order not been cancelled. In addition, you may be subject to restocking and/or cancellation charges due the concerned vendor. We will not, under any circumstances, accept cancellation of any custom or special order. In the event that you later return any item of Merchandise to the manufacturer or concerned vendor, we shall be entitled to retain our Purchasing Fee or similar compensation for such item.
Product Taken on Approval. From time to time you may take delivery of Merchandise on approval prior to making a final decision of whether or not to purchase the item(s). In some instances more than one option for each item of Merchandise sourced may need to be delivered to your residence to be viewed in the actual space in order for you to make the purchase decision. In order for us to make arrangements with the vendors for you to receive Merchandise on approval, you agree to make purchasing decisions within twenty-four (24) hours of all items taken on approval. Any items of Merchandise held for more than twenty-four (24) hours without your rejecting the proposed Merchandise will be invoiced to you, and your payment for such Merchandise will be due upon your receipt of the invoice. Additionally, all such Merchandise delivered to you (or in some cases to our offices) will incur shipping and/or delivery charges (and possibly, return shipping and/or delivery charges). You agree to reimburse us for all shipping and/or delivery charges incurred on your behalf regardless of whether the item(s) of Merchandise were purchased or not.
Failure to Make Payments when Due. In addition to any and all other rights that we may have, should you fail to make any payment due to us in accordance with the Agreement or any signed Proposal, we shall have the right to withhold delivery of any item of Merchandise and/or suspend performance of any service required to be performed by us under any signed Proposal or other agreement that we may have with you. In addition, you will be charged the cost of transfer and storage of such Merchandise, and you bear the risk of loss or damage during such transfer and storage. You will also be liable for all reasonable costs, expenses, and fees incurred by us in collecting monies due. Past dye invoices are subject to a 1.9% finance charge per month.
Sales Taxes and Other Charges. All delivery, packing, crating, shipping, in-transit insurance, local delivery, hoisting, uncrating and installation charges, sales taxes, excise taxes, or other taxes are in addition to the stated purchase price for such item. You will be shall be responsible for the payment of all applicable taxes and charges on Merchandise and Decorative Installations.
Delivery is Approximate. Quoted delivery dates are approximate dates only. We shall not be responsible for any delay in delivery or failure in performance for any cause beyond our reasonable control (including but not limited to labor disputes, failure or delay of sources to supply, transportation difficulties, accidents, fires, or acts of God) or any event which interferes with our normal business operations or service.
Client’s Failure to Accept Delivery. Any Merchandise not accepted for delivery within thirty (30) days after notification is subject to storage charges as determined by us. You will bear the risk of loss or damage during such transfer and storage.
Receiving, Uncrating, and Inspection of Merchandise. Unless we have agreed otherwise in this Agreement or in a writing signed by us, we will not be responsible for receiving, uncrating, and inspecting Merchandise for any visible damage upon your receipt of such Merchandise or delivery of Merchandise to a storage facility. All claims against us, including defects, shortages and errors, must be made within one (1) day after receipt of the Merchandise. Failure to make any claim against us within such one (1) day period shall constitute acceptance of the Merchandise and a waiver of said defects, shortages, errors, or other claims.
Carrier as Agent of the Client. All shipments are made F.O.B. place of origin. If we arrange for delivery of Merchandise, the carrier shall be deemed your agent. We shall not be responsible, in any event for any damage caused to the Merchandise during shipment, transfer, or while in storage. You should report, in writing, such damage directly to the carrier. All claims for freight overcharge or damage to goods while in transit must be settled with the carrier.
Storage and Warehousing. Merchandise purchased pursuant to any Proposal may need to be placed in storage prior to final delivery and installation at your Project site. In such event, and except as otherwise agreed, you will be required to select and contract directly with a storage facility that meets your needs and requirements. You agree to provide us with the right to access the storage facility. You will be responsible for all costs associated with shipping and storage of goods, and you will bear the risk of loss or damage during such transfer and storage.
EXCLUSION OF WARRANTIES. We do not make any representations or warranties of any kind regarding any Merchandise, decorative finishes, Decorative Installations, moving services, delivery services, installation specialists or other contractors, vendors, or suppliers recommended by us. Merchandise will substantially conform to the description on our Proposal, except that such Merchandise or service may vary slightly from description or sample. If the manufacturer of a product provides a manufacturer’s warranty, and such warranty is transferable to you, then you shall be afforded all rights, solely as against the manufacturer, and not us, as provided for in the manufacturer’s warranty. Similarly, if any third party provides any warranty regarding any services or Decorative Installations provided by them, then you shall be afforded all rights solely as against the provider of such service, and not us. ALL OTHER WARRANTIES, EITHER EXPRESS OR IMPLIED, ARE EXPRESSLY EXCLUDED, INCLUDING BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Any oral statement regarding Merchandise or about any service that is made by our employees or agents do not constitute warranties, and such statements shall not become a part of this Agreement, and shall not be relied upon by you.
Sale of Antiques and Art. Should you require documentation of authenticity for antiques, art, or vintage items purchased through us, we will assist you in obtaining such documentation to the extent that we are reasonably able to do so. We cannot, however, be responsible for the accuracy of such documentation. In no event shall we be responsible for the correctness of, or be deemed to have made any representation or warranty of description, size, medium, genuineness, attribution, provenance, authenticity, age, or condition concerning any item of Merchandise, including but not limited to antiques, art, and vintage items.
Limitation of Liability. In no event shall we be liable for any consequential or incidental damages. In no event shall our liability arising out of or resulting from your purchase of any item of Merchandise or any Decorative Installations under this Agreement, for any reason, exceed the amount actually paid by you to us for the concerned item of Merchandise or for the concerned Decorative Installation.
Design Documents. All of the drawings, specifications, plans, sketches, and other documents prepared by us for your Project (our “Design Documents”) are conceptual in nature and intended to set forth our design intent only. We do not and are unable to perform architectural, engineering, or construction services. Accordingly, (i) our services do not include undertaking any responsibility for the design of or modification to any structural, heating, air conditioning, plumbing, electrical, ventilation, audio, video, or other mechanical systems installed or to be installed at the Project site; and (ii) our Design Documents must not be used by you or by any other person for architectural, engineering, or construction purposes. In addition, we make no representations that any recommendations set forth in any Design Document will meet applicable code or regulatory requirements.
Use of Design Related Professionals and Third Parties. Should the nature of our Design Documents require the services of third-party professionals, consultants, or contractors (“Design Related Professionals”) or other third parties to perform work based upon our Design Documents, you agree to enter into separate agreements directly with each of them, under terms that are mutually acceptable to you both. To the extent that we may review any construction documents (or other documents) prepared by them or by any other person, please know that our review is for the sole and limited purpose of achieving general compliance with our aesthetic concepts and overall design intent.
Your Responsibilities to Us. In order to provide you with services, you agree to provide us with access to the Project site as well as all information we may need to complete the Project. All approvals required to be given by you and all information requested of you shall not be unreasonably or untimely withheld or delayed. It is your responsibility to obtain all approvals required by any governmental agency or otherwise in connection with this Project. You will be responsible to insure and to pay the costs of insurance, transportation and storage for any furniture, furnishings, art or other items of decoration, and other Merchandise in connection with the Project, including items, which are at our office, at the premises of any contractor or vendor or in third-party storage throughout the duration of the Project.
Independent Purchases. In the event that you are contractually required to purchase Merchandise directly through us and you purchase an item of Merchandise directly (or through a third party) from a vendor based upon our advice or where the item has been coordinated by us, then we shall receive a fee for this advice or coordination equal to twenty percent (20%) of the cost to you of such item, payable upon purchase. For purposes of this paragraph, an item has been coordinated by us if you purchase it and we approved it for conformance with the design concept, consulted with you about it, or discussed it (or similar items) with you.
Reimbursable Expenses. Out-of-pocket expenses actually and reasonably incurred by us in the interests of your Project or on your behalf will be submitted to you for reimbursement and are payable upon receipt of our invoices. These reimbursable expenses (“Reimbursable Expenses”) may include, without limitation, postage/FedEx/UPS charges, long-distance telephone calls, Internet access, photocopying, parking, car mileage, travel costs, wire fees, custom samples, freight, delivery, storage costs, blueprints, duplications of plans and specifications, messenger services, and the like. Reimbursable Expenses will be billed to you at their actual cost to us plus a twenty (20%) percent service charge for administrative time. Reimbursable Expenses will be invoiced to you on a monthly basis.
Ownership and Use of Design Documents. All of our Design Documents that are prepared or furnished by us are owned by us and will be our exclusive property at all times, and we will retain all intellectual property rights and proprietary rights, including copyrights and trademarks, in and to these documents. You may use our Design Documents only as permitted by this Agreement. In the event of termination of this Agreement (or in the event that we are legally determined to be in default of the Agreement), you may continue to use our Design Documents provided that (a) you have paid us all amounts owed to us under this Agreement (or otherwise), including but not limited to unpaid Design Fees Purchasing Fees, Project Administration Fees, Hourly Rates, Reimbursable Expenses, invoices, and all additional compensation owed to us; (b) you agree to indemnify and hold us free and harmless from and against any and all costs, claims, liabilities, or expenses, including reasonable attorneys’ fees and related costs, arising out of, resulting from or relating in any manner to your subsequent use of our Design Documents; (c) you release us from any further obligations we may have to you; and (d) you will not permit any other person, firm, or entity to claim design credit for any work prepared by us prior to the date of termination.
Indemnification. To the fullest extent permitted by law, you agree to indemnify and hold us harmless from and against any and all third-party claims, losses, liabilities, damages, costs, and expenses (including reasonable attorneys’ fees and related costs) (each a “Claim”, and together “Claims”) relating to, arising out of or resulting from the actions and omissions of you and/or of any Design Related Professional, construction contractor, contractor, subcontractor, vendor, tradesperson, supplier, agent, or other third party hired or otherwise retained by you or on your behalf.
Limitation of Liability. To the fullest extent permitted by law, our total liability to you in regard to any and all claims, losses, and damages of arising out of, relating to or resulting from this Agreement or the services performed by us pursuant to this Agreement, shall not for any reason exceed the greater of (i) the total amount of Design Fees and other Designer compensation actually paid to us pursuant to this Agreement; or (ii) the available proceeds of our insurance policies, if any, and if applicable. Under no circumstances shall we be responsible for (a) any indirect or consequential damages; or (b) any injury, loss, damage or delay caused by any reason beyond our reasonable control. Also, we are not responsible for the actions or omissions of any Design Related Professional, construction contractor, contractor, subcontractor, vendor, tradesperson, supplier, agent, or other third party, even if we recommended them to you. Additional limitations of liability regarding the sale of Merchandise to you is set forth in terms and conditions of sale in our written proposals. No action against us for breach of this Agreement or otherwise may be brought more than one (1) year after the date of the accrual of such cause of action.
Consent to Photograph Project. As we require a permanent record of our design projects, you will permit us or our representatives to photograph, video and/or otherwise record images of the Project Areas and your residence (each a “Photograph”) before, during, and after Project completion. In addition, you acknowledge that we may use these Photograph(s) for our business purposes including publication. If any Project-related Photograph(s) are published by us, we will not identify your name and address in any such publication without your prior written consent.
CONTRACTORS
You agree to keep the project lien free at all times. You are responsible to ensure that any subcontractors will also refrain from filing liens on the project at all times. This provision survives the termination of this Agreement
You agree to defend, indemnify and hold us and our client harmless from any failure by you to maintain and keep in force your worker’s compensation and other insurance. In the event that your employees make a claim against us related to an injury sustained while providing services at the project, you agree that you will be fully responsible for all claims, costs, expenses, demands and similar charges arising from such injury.
You are not authorized to perform work outside of the scope of this purchase order without a written change order from us. Any claim for additional compensation due to a change in the Scope of Work must be agreed to in writing in advance by us. If you fail to make a claim for additional compensation within seven (7) days of such claim arising, you will be deemed to have waived such claim, regardless of whether you performed any work.
All invoices must be submitted for deposits and/or payments. Payments may take up to 10 business days to be processed.
Drawings, acknowledgments and/or work orders shall be submitted to Kellie Burke Interiors for approval.
You agree to verify all necessary measurements in field and agree that you are responsible for noting discrepancies on our design documents and alerting us of changes that need to be made due to site conditions and/or compliance to codes.