Upon receipt of your initial deposit, you are affirming an Agreement with BROOKLYN TILE & DESIGN LLC (“We” or “Us”). You understand that 50% deposit is required on all cabinet, countertop and/or vanity orders. Balance is due no later than 3 (three) days prior to delivery, unless otherwise agreed in writing by us. Tile and Plumbing fixtures must be paid in full, prior to delivery. Estimates and Invoices without a deposit shall be null and void in 14 (fourteen) days from issuance.
You understand that you have the right to cancel this agreement within three (3) days of your initial deposit, but in the event any merchandise has been ordered, you waive any right to cancel. In the event we discover any undisclosed conditions, there are delays due to governmental issues, weather conditions, war, strike, supply chain disruptions, riot, terrorist attack, epidemic, pandemic, plague, or any such "Act of God" including but not limited to hurricane, flood, earthquake, fire, virus, influenza, etc., which prevents us from fulfilling our obligations under the agreement, we may suspend our obligations under this agreement for the duration of the force majeure.
You understand that there are No refunds on custom or special orders. Wood is a natural product and can result in variation in grain and color throughout your cabinets. Any tile higher than V2 will have variation. All exchanges or credits on stock items (including Top Knobs) must be returned in its original packaging within 15 (fifteen) days of purchase. You will be responsible for a 25% restocking fee and shipping cost. No returns on any product that has been installed. You understand that our liability is expressly limited to the total amount of the invoice and in no event shall we, our agents or assigns, be liable for consequential and/or any other special damages of any kind.
We may terminate this agreement in the event you fail to make payments as provided. You will forfeit any payments made. No breach of this agreement by us shall be deemed material unless you shall have given us written notice of said breach, via certified mail, return receipt requested, and we fail to cure such breach within thirty (30) days, after receipt of said notice. In the event payment from you is not received by us within 14 (fourteen) days of invoice, you agree to be responsible for a 1 ½% per month, per annum service charge. Additionally, if we retain an attorney to collect the debt, you will be responsible for an additional reasonable attorney fee of 33 1/3% of the total amount due, which is agreed upon to be reasonable attorneys’ fees, in addition to the amount due.
This agreement constitutes the entire understanding between the undersigned parties, and supersedes any and all previous agreements, whether written or oral. Neither this agreement nor any provision herein may be renewed, extended, waived, amended, modified, canceled, terminated or otherwise changed or discharged except by an instrument in writing, signed by the parties. If any provision of this agreement is held void or unenforceable, it shall not affect the enforceability of any other term or condition in this agreement, and shall not void any liability of any party to this agreement. A facsimile or electronic copy of this agreement shall be deemed an original for all purposes. This agreement shall be construed in accordance with the Laws of New York State.
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