Terms & Conditions
1. The Buyer (s) agrees that the “Act” of viewing MarylandKitchenCabinets.com, contacting the Seller, placing an order with the Seller, electronic communication with the Seller, requesting a quote or estimate from the Seller, making payment to the Seller, or any other method of communication to the Seller means the Buyer (s) has read and agrees to all terms and conditions of MarylandKitchenCabinets.com and or the Seller.
2. The Buyer (s) agrees the Seller is acting and is working as an independent seller representative for various manufacturers and suppliers, and in that capacity the Seller will provide the sale of cabinets and or other services or products to individuals, organizations and or businesses.
3. The Seller will provide the sale of cabinets, products and or services listed in the invoice above to the Buyer (s) for cabinets, products and or services requested by the Buyer (s) for drawings, design renderings, and or dimensions provided to the Seller by the Buyer (s). Cabinet and product coding is provided by the manufacturer and accepted by the Buyer (s). Cabinets, products and or services are for the Buyer’s described Location as provided by the Buyer (s) to the Seller. The Seller will order the described cabinets, products or services selected and approved by the Buyer (s) for the Buyer (s). Cabinets, products or services will be delivered in a timely manner by the manufacturer per manufacturer specifications, manufacturer terms and conditions and Seller purchase terms and conditions to the Location described and acknowledged by the Buyer (s).
4. The Buyer (s) agrees that granite, marble, quartz, wood and or any other products must be inspected by the Buyer (s) for any visible defects prior to installation. Granite and other natural stone or wood products may have variations and are not considered defects. If a problem exists do not install, no claims will be accepted after installation. Contact the Seller if there is a problem as described above to contact the manufacturer or supplier about manufacturer and or supplier warranties and guidelines. Natural stone and wood products are porous and susceptible to staining. The Buyer (s) agrees to avoid oil-based products or liquids that could leave permanent marks.
5. The Buyer (s) agrees that painted wood cabinets are a natural product. The Buyer (s) agrees that wood expands and contracts. Painted cabinets may create open joints with expansion and contraction of natural wood products. The Buyer (s) agrees that an open joint line is not considered a defect and it is widely accepted in the kitchen cabinet industry. The finish will still protect the surface, and the structural integrity of the joint will not be affected. These issues are shared by all manufacturers and or suppliers of natural wood products.
6. The Buyer (s) agrees that wood may expand and contract differently from cabinet to cabinet. Even joints within the same cabinet may behave differently. Some joined wood may not show any joint lines, others may be slightly visible, while others may display easily visible joint lines. Joint lines also may occur due to repeated impacts from everyday use. An exposed open joint line can be damaged from prolonged exposure to water or heavy moisture. Therefore wipe off any excess moisture from cabinet surfaces as soon as possible.
7. The Buyer (s) agrees all paints, especially lighter colors, are susceptible to discoloration due to airborne particles such as cooking, grilling, tobacco smoke, fireplaces or candles. Prolonged exposure to natural or artificial light may alter the finish color. Moisture may also discolor the finish.
8. The Buyer (s) agrees that is it extremely important that all cabinets are perfectly squared during installation for proper drawer alignment. The Buyer (s) agrees to file and or obtain all necessary building permits and have a licensed contractor install cabinets, products and or services. This should be verified prior to countertop installation.
9. The Buyer (s) agrees that stained wood will expand and contract with changes in temperature and humidity. Such conditions are not indicative of faulty materials or craftsmanship. In the winter, when temperatures fall or humidity levels are low contraction may cause a narrow unfinished line to appear on wood cabinets. To blend these lines into finished wood, apply pigmented furniture polish or use the touch up kit you received and ordered with your cabinets.
10. The Buyer (s) agrees that maintaining a consistent color is a common challenge in any industry using real wood because wood is a natural product that has inherently different colors and mineral streaks. It is important to recognize these character differences and understand that every product made from real wood or natural products will vary slightly from product to product and even within a cabinet door or component.
11. The Buyer (s) agrees that the exposure to light will change the color of real wood or a natural product in a very short period of time. When purchasing any wood product or natural product, it is important to understand that the sample or display you are making your selection from may be aged. Therefore, it will represent what your cabinets or natural product will look like in time, and will not necessarily represent what they will look like when factory new. Conversely, a freshly produced sample will match more closely to your freshly produced product, but will not represent what they will look like when aged.
12. The Buyer (s) will provide payment for cabinets, products or services, applicable taxes, and delivery charges to Seller before Seller places order through the manufacturer. Payment terms, conditions, discounts, delivery charges, taxes, cabinet cost, cabinets, materials, finishes, styles, promotions, and applicable products ordered are provided on the customer quote and or customer order from the manufacturer per the manufacturer’s terms and conditions. This agreement is for the purchase of products and or services provided by the Seller per terms and conditions outlined herein and agreed upon by the Buyer (s).
13. The Buyer (s) agrees to all Seller and manufacturer terms and conditions. In the event a product is damaged in shipping the Buyer (s) will contact the Seller immediately within 48 hours (forty eight hours) in writing from delivery date and the Seller will place a claim with the manufacturer. All claims will be held to the manufacturer’s terms and conditions for return of damaged products, in accordance with the manufacturer’s terms and conditions. All returns are held to the manufacturer’s guidelines. All terms and conditions are held to the manufacturer’s warranty program as well. This agreement is for purchasing cabinets, products and or services attached herein, a separate order would be placed prior to the Buyer (s) receiving other products or services outside the scope of this order or request. All terms and conditions of this agreement will remain in full effect with past, present and future orders or requests with the Buyer (s) agreeing to all terms and conditions thereof and herein.
14. The Buyer (s) hereby agrees to defend, indemnify and hold harmless the Seller and its staff, direct or indirect employees, agents and individuals thereof against any and all liability, claims, third party claims, suits, losses, costs and legal fees caused by, arising out of, or resulting from any act or omission which may arise past, present or future of the Seller in the performance and/or failure to perform within the Agreement including the acts or omission of any staff, direct or indirect employees, agents and individuals thereof the Seller.
15. The Buyer (s) agrees to all terms, charges, fees and conditions when purchasing products or services from the Seller. The Buyer (s) agrees that when the Buyer (s) makes an order placement for products or services from the Seller, that products or services cannot be provided to the Buyer (s) from the Seller until the order placement is paid in full.
16. The Buyer (s) agrees that the “Agreement” to purchase products or services from the Seller is a legally binding contract between the Buyer (s) and the Seller and all terms and conditions of the Agreement are binding and enforceable. The Agreement becomes active and binding once an order for products or services is placed and or consideration is provided to the Seller from the Buyer (s) and or the attempt to provide consideration to the Seller by the Buyer (s).
17. The Buyer (s) agrees that the Seller will not release drawings based on the estimate or quote provided to the Buyer (s) from the Seller until a “Designer Deposit” is provided to the Seller in the amount of $250 (Two Hundred Fifty Dollars and Zero Cents). The designer deposit is applied toward the purchase of new cabinets for the Buyer (s) from the Seller based on the estimate or quote provided to the Buyer (s) from the Seller. The designer deposit is applied toward the purchase of new cabinets only. In the event that the Buyer (s) does not purchase new cabinets within 30 days through the Seller from the Seller releasing drawings to the Buyer (s) the designer deposit is forfeited and the Buyer (s) loses all benefits thereof to the designer deposit value. The Seller at there discretion can waive or apply the requirement of a designer deposit for drawings to the estimate or quote provided to the Buyer (s).
18. The Buyer (s) agrees that by the “Act” of placing an order for products or services or making and or attempting payment or requesting products or services by the Buyer (s) to the Seller online, from the internet, with a check, with a credit card, with a debit card, with a check card, with a money order, through United States Postal Service, through email, electronically, on the phone, with a verbal request, through PayPal or a similar payment processing service, face to face, or through any electronic process of order placement. When payment is sent or delivered to the Seller where a hard-copy signature is not provided and or required; the order placement and or electronic payment will “Act” as an electronic signature of the Buyer (s) agreeing to all terms and conditions of the Agreement. This means that the “Act” of placing an order or making payment and or attempting payment for products or services to the Seller by the Buyer (s) enters the Buyer (s) and the Seller into a legally binding contract for products or services with all terms and conditions of the Agreement being in full force. The Buyer (s) agrees that this “Act” is just as binding and or enforceable as if the Buyer (s) and the Seller signed a hard-copy contract of the Agreement with one another face to face for products and or services with all terms and conditions remaining in full force of a legally binding contract or Agreement.
19. The Buyer (s) agrees that invoices, contracts, order verifications, shipping information, images, layouts, or any document provided as exhibits are enforceable and are considered as a stipulated authentic approval of the Buyer (s) and are considered the same as the original if received as a photocopy, scanned document, digital image, facsimile, through other duplicated or electronic means.
20. The Buyer (s) agrees to pay the Seller immediately, in full order amount without delay, outstanding balances will incur a late fee of two percent (2%) compound interest per month based on the original principle amount on the order placement by the Buyer (s) to the Seller starting from the date of the Agreement, and payments will be applied as determined solely by Seller, its employees, direct or indirect employees, acting agents, and individuals thereof.
21. The Buyer (s) agrees if payment is not made when due or becomes a negative balance for products or services provided, the Buyer (s) agrees and hereby authorizes the Seller, its employees, direct or indirect employees, agents, or individuals thereof to seek monetary relief through any and all legal channels from the Buyer (s).
22. The Buyer (s) agrees and consents to the Seller filing legal proceedings, liens, and or not limited to negative credit reporting against the Buyer (s) for any amount then due, for any and all outstanding balances, interest, damages, losses, attorney fees, collection fees, and or administrative and or professional fees and costs as confirmed by an affidavit from Seller, or its employees direct or indirect, or agents and or individuals thereof, against the Buyer (s).
23. The Buyer (s) agrees to pay any and all fees associated with the Seller’s efforts to collect payment which would include but, not be limited to: accrued late charges, attorney fees, finance fees, charge-backs, returned or bad check fees, fraud, necessary collection services fees, original balances and court costs. The Buyer (s) agrees and hereby waives presentment, all notices, exemptions and defense with any and all proceedings regarding the Seller.
24. The Buyer (s) agrees that any and all attorney’s fees incurred by the Buyer (s) will be paid by the Buyer (s). The Buyer (s) agrees that any and all attorney’s fees incurred by the Seller will be paid by the Buyer (s) and applied to the amount due the Seller if this account or Agreement is referred to an attorney and or where the Seller pursues collections of the Buyer’s account and or Agreement, and or the Seller pursues legal action for the Buyer’s account and or Agreement, and or the Seller provides a defense from legal action for the Buyer’s account and or Agreement.
25. The Buyer (s) agrees to pay any and all damages and or losses incurred by the Seller due to the Buyer (s) breaching this agreement.
26. The Buyer (s) agrees that Fraudulent payments, misrepresentation, bad faith payments, returned or bad checks, and not limited to charge-backs will constitute a breach of this agreement and the Buyer (s) will remain bound to the terms and conditions of this agreement in the event the Buyer (s) violates any of the terms and conditions thereof.
27. The Buyer (s) agrees any and all legal proceedings will be held within the Jurisdiction and or Venue of Carroll County, Maryland.
28. The Buyer (s) agrees that the Seller has the exclusive rights to conduct business with the manufacturers and suppliers used by the Seller. The Buyer (s) agrees to a “Non-Compete” with the Seller with the Seller’s manufacturers and suppliers for a perpetual term which is infinite. The Buyer (s) will not conduct business with the Seller’s manufacturers or suppliers without using the Seller for present or future business relations to the manufacturers or suppliers used by the Seller. The Buyer (s) will not make direct purchases, open accounts individually, through a business, through a third party, or make recommendations to other individuals, organizations, or companies to open accounts or conduct business without using the Seller for present of future business relations with the manufacturers and suppliers used by the Seller. The Buyer (s) agrees that in doing so would be a direct violation and or breach of the agreement and the terms and conditions agreed to by the Buyer (s). In the event the Buyer (s) breaches the terms and conditions and violates the non-compete and exclusive rights of the Seller in an effort to circumvent the rights of the Seller and the terms and conditions agreed to by the Buyer (s) the Seller will be entitled to liquidated damages, compensatory, punitive damages, financial damages, with interest, fees, court costs, legal fees, collection costs and immediate payment for compensatory and punitive damages. The Buyer (s) hereby authorizes the Seller, its employees, agents, and or individuals thereof to hire any attorney to file legal proceedings, mechanic’s liens, negative credit reporting and or collections against the Buyer (s) for the amount due, as confirmed by an affidavit from Seller, or its employees, or agents and or individuals thereof. The Buyer (s) agrees to pay any and all fees associated with the Seller’s efforts to collect payment which would include but, not be limited to: accrued late charges, attorney fees, finance fees, collection services fees, compensatory damages, liquidated damages, punitive damages, losses and court costs. Attorney’s fees, damages and or fees and costs will be applied to the amount due the Seller from the Buyer (s) if this account is referred to an attorney, collections and or legal proceedings occur.
29. The Buyer (s) agrees upon the “Act” irrevocably authorizes any attorney to appear in any court on behalf of the Seller of competent jurisdiction to file legal proceedings against the Buyer (s) with process in favor of the Seller against the Buyer (s) for any such amount as may then appear unpaid and or due which would include but, not be limited to: accrued late charges, interest, attorney fees, finance fees, charge-backs, returned or bad check fees, fraud, necessary collection services fees, original balances, compensatory damages, liquidated damages, punitive damages, administrative and or professional fees or costs as well as court costs hereon, and to consent to immediate execution upon such judgment.
30. By signing this Agreement the Buyer (s) acknowledges the charges described heron, and the Buyer (s) agrees to pay for services or goods rendered in accordance to the Seller terms and conditions. In consideration for the Seller agreeing to waive cash on delivery payment for goods or services delivered or ordered and accept card payment, the Buyer (s) agrees to waive their rights to contest the legitimacy of credit charge tendered for payment. The Buyer (s) acknowledges they have read and agree to all terms and conditions of the Seller located herein as well as on MarylandKitchenCabinets.com/terms (Polices, Terms & Conditions).
31. All terms and conditions, charges and fees incurred for purchasing cabinets, products and or services will be paid when the Buyer (s) signs or requests products or services from the Seller outlined in the “Invoice” or “Agreement”. The “Act” is executed as described within the Agreement. Outstanding balances will incur a late fee of two percent (2%) compound per month from the date of this agreement, and payments will be applied as determined solely by the Seller, acting agents, and individuals thereof. If payment is not made when due or refusal to pay for cabinets, products and or services provided to the Buyer (s), the Buyer (s) hereby authorizes the Seller, its employees, agents, and or individuals thereof to hire any attorney to file legal proceedings against the Buyer (s) and or report a negative credit to the major credit reporting agencies against the Buyer (s) for the amount due, as confirmed by an affidavit from Seller, or its employees, or agents and or individuals thereof. Buyer (s) agrees to pay any and all fees associated with the Seller’s efforts to collect payment which would include but, not be limited to: accrued late charges, interest, penalties, attorney fees, collection fees, court costs, compensatory, liquidated and punitive damages. Attorney’s fees will be applied to the amount due the Seller from the Buyer (s) if this account is referred to an attorney, collections and or legal proceedings occur. Jurisdiction will be that of Carroll County, Maryland. Fraudulent payments, misrepresentation, returned checks, bad faith and not limited to charge backs will constitute a breach of this agreement and the Buyer (s) will remain bound to the purchase terms and conditions of this agreement in the event the Buyer (s) violates any of the terms and conditions thereof.
32. The Buyer (s) agrees to not write a bad check or issue a charge-back against the Seller doing so constitutes a material breach of this agreement.
33. The Buyer (s) agrees that warranties for products purchased are handled directly through the specific manufacturer for products purchased and the manufacturer’s terms and conditions. Damaged or faulty products will require notice sent in writing to the manufacturer for replacement or repair. The Seller will provide assistance and communication directly to the manufacturer for warranty claims. Warranties are valid per the specific manufacturer’s terms and conditions and for the the original purchaser only. Damages caused during shipping will require the Buyer (s) to file a claim with the shipping carrier.
34. The Buyer (s) agrees all assembled and semi-custom cabinets as well as certain products and services are non-returnable and non-refundable as well as non-creditable. The Buyer (s) agrees that RTA (Ready To Assemble) cabinets may only be returned upon the specific manufacturer’s acceptance of a RAN (Return Authorization Number). The Buyer (s) agrees that opened boxes, assembled or installed products cannot be returned per manufacturer guidelines. The Buyer (s) agrees to fill out the RAN form, list all products being returned and pay all applicable shipping and insurance for the products to be considered for return. The manufacturer will make the final determination of whether a return will be accepted and if a credit will be issued to the original Buyer (s). If a product is accepted for return the manufacturer will issue and charge a 35% – 50% restocking fee and apply a credit for future purchases to the original Buyer (s) for that specific manufacturer’s products if a return is accepted. If a return is not accepted the Buyer (s) will be required to pay all applicable shipping for non-returnable products if the Buyer (s) wishes them returned to their possession.
35. The Buyer (s) agrees the Seller will issue a credit not a refund for any manufacturer approved returns for the original Buyer (s) and to the original Buyer (s) for the specific manufacturer of said line of products purchased. The manufacturer’s restocking fee will be subtracted less any applicable taxes and shipping fees. If a credit is issued the credit may be used by the original Buyer (s) to purchase future products from the Seller for products provided specifically from the manufacturer previously purchased and credited only. All credits are held within the Seller’s records for the Buyer (s) to be used by the original Buyer (s) for future purchases. The Buyer (s) agrees that the Seller will not issue a return of funds in hard currency, check or credit card fund refund reversal. The Buyer (s) agrees the Seller will only issue credits for returned items to be used for future purchases made by the original Buyer (s) to the Seller for products specifically provided by the manufacturer that credited the original Buyer (s).
36. The Buyer (s) agrees that they have the right to cancel any order within 3 days from the initial processing date for a full refund. The Buyer (s) must submit an order of cancellation request within the 3 day period of initial processing in writing to the Seller via email, fax or United States Postal Service First Class Mail. The Seller must receive the Buyer’s intent to cancel their order within 3 days of initial processing. If the Seller does not receive notice of the Buyer (s) intent to cancel the order the order will be processed and there for non-cancelable. In the event the Seller receives an intent of cancellation from the Buyer (s) after the 3 day period from initial processing and the order has been placed and the products or services have not been shipped or services not fully provided the Buyer (s) agrees the Seller will charge a 35% processing fee of the original order placement and refund the remaining balance to the Buyer (s) via check to the original Buyer (s) Location or billing address on file. All cancellation requests submitted and received once an order is fully processed for shipping or delivery and or services will be non-cancelable. Once payment is received from the Buyer (s) to the Seller typical processing takes 3-5 business days for orders to be processed depending on size of order and availability. RTA (Ready To Assemble) cabinets typically take 5-7 business for delivery to 7-14 business days for delivery from processing. This time frame is contingent on location of delivery, size of order and availability of products. Assembly of RTA cabinets with increase lead time by 1-3 business days. Semi Custom Cabinets will be delivered within 28 days from processing. The Buyer agrees the Seller will not be held responsible for logistical or shipping delays outside of the Seller’s control (i.e) weather, acts of god, fire, floods, strikes, labor disputes, schedule conflicts for delivery availability dates and denials thereof, third party shipping faults, damages or errors, and or but not limited to circumstances outside of the Seller’s control.
37. The Buyer (s) may request a tracking number for their order when and if available from the Seller for the Buyer’s order. The Seller will request a tracking number for the Buyer’s order from the manufacturer and provide the said tracking number to the Buyer (s) if available. All orders will ship per manufacturer’s guidelines and terms and conditions with carriers of the manufacturer’s choosing. Shipping fees will be added to the Buyer’s orders. Shipping fees may vary from the quote/order provided and the Seller may receive notice that shipping rates are more than quoted/ordered. The Buyer (s) agrees to pay any and all shipping rates and changes or increases thereof for the Buyer’s order. The shipping companies may require a legal adult to be present and sign for the Buyer (s) order. The Buyer (s) agrees it is their responsibility to note any missing items and note any damages on the shipping document. Typically the shipping companies will notify the Buyer (s) via phone number on record and provided by the Buyer (s) a few day before available delivery date of the Buyer (s) to schedule delivery of the Buyer’s order.
38. The Buyer (s) personally and individually guarantees and agrees to all terms and conditions.
39. The Buyer (s) agrees if any term or other provision of this Agreement is determined to be invalid, illegal or incapable of being enforced by any rule or law, or public policy, all other conditions and provisions of this Agreement shall nevertheless remain in full force.