Terms and Conditions for Elite Line Cabinetry Website
Welcome to the Elite Line Cabinetry website (the “Website”), operated by Elite Line Cabinetry, a company based in California. By accessing or using this Website, you agree to comply with and be bound by these Terms and Conditions. Please read them carefully. If you do not agree to these terms, do not use the Website.
1. Governing/Controlling Terms
The terms and conditions contained in this document shall govern all transactions for Goods and Services between Elite Line and the Client. These terms supersede any prior communications, proposals, or documents issued by Elite Line unless explicitly agreed to in writing.
2. Prices
All prices are subject to change until an order is officially placed with the vendor or manufacturer. Elite Line reserves the right to modify pricing as necessary, including during the estimation and quotation process.
3. Goods and Services Provided
Elite Line’s responsibility is limited to the Goods and Services specified in the proposals presented to the Client. Any additional services or products requested beyond this scope must be agreed to in writing and may incur additional costs.
4. Measurement
- a. The installer and the Client are both responsible for reviewing, verifying, and approving all plans provided by Elite Line.
- b. Plans provided by Elite Line are for visualization and price estimation purposes only. Elite Line does NOT guarantee the accuracy or fitment of these plans and adjustments may be required during installation.
- c. The plans are based on measurements supplied by the Client’s designer, contractor, or architect. The Client is responsible for ensuring that all electrical, plumbing, and venting connections are properly placed before the cabinetry installation.
5. Color Variation for Cabinets and Finished Materials
Due to variances in materials, lighting, and printing, patterns and colors of cabinets and other materials may differ slightly from the plans, samples, or images presented by Elite Line. The plans and drawings are for visual reference and are not to be seen as an exact representation of the final product.
6. Deliveries
- All deliveries will be made to the location approved by the Client. If no garage is available, delivery will be made to the most accessible area as determined by Elite Line.
- The Client is responsible for ensuring that delivery areas are free of obstructions and safe for unloading.
- Delivery Delays: Delivery of Goods may be delayed or canceled at Elite Line’s sole discretion if the worksite is deemed unsafe.
- Change Requests: Requests for changes to the delivery date must be submitted no later than 10 business days before the scheduled delivery.
- Third-Party Delivery: Delivery services are provided by third parties, and the Client agrees to hold Elite Line harmless for any damages, losses, injuries, or defects arising from delivery.
7. Installation Services
Elite Line does NOT provide installation services for cabinetry, appliances, or other Goods. The Client assumes full responsibility for any installation-related services, and agrees to hold Elite Line harmless for any damages, losses, injuries, or issues resulting from installation by third-party contractors.
8. Payment Terms
- Payment Due: All accounts are due and payable according to the terms outlined in the applicable invoice.
- Security Interest: The Client grants Elite Line a security interest in all Goods and Services purchased until payment is made in full. This security interest is a purchase-money security interest under the Uniform Commercial Code.
- Payment Assistance: The Client agrees to assist Elite Line in taking necessary actions to perfect its security interest, including filing any required documents.
9. Claims
- Visible Damage: Claims for visible damages to Goods must be submitted in writing within 5 business days of delivery. After this period, the Client is deemed to have accepted the Goods as is.
- Defective Goods: If goods are found to be defective and the manufacturer acknowledges responsibility, Elite Line will facilitate a replacement in collaboration with the manufacturer.
10. Returns and Refunds
- No Cancellations: Orders cannot be canceled or returned after placement.
- Final Sale: Due to the custom nature of our products, all sales are final once payment is processed.
- Defective or Incorrect Items: If a product is defective or delivered in error, the Client must notify Elite Line within 7 days of receiving the item. Elite Line will arrange for a replacement or repair at its discretion.
- Custom Orders: Custom cabinetry or personalized designs are non-refundable once processed.
11. Credits and Deposits
- Credits: Any credits issued will be applied to outstanding invoices.
- Deposits: Deposits paid for custom cabinetry or other customized products are non-refundable once the order has been placed with the vendor or manufacturer.
12. Delays and Goods Availability
Elite Line is not liable for any loss or damage due to delivery delays, including but not limited to manufacturing delays, supply shortages, or events beyond its control (e.g., natural disasters, accidents, or labor disputes).
- Deposit Requirements: No orders will be placed without receipt of a deposit, and no deliveries will occur until final payments are cleared.
13. Risk of Loss
Risk of loss or damage to the Goods shall transfer to the Client upon delivery.
14. Warranty
- Manufacturer Warranty: Warranties are provided solely by the vendor or manufacturer. These typically cover up to 5 years from the date of purchase for defects in material or workmanship.
- Exclusions: The warranty does not cover:
- Normal wear and tear
- Alterations or modifications
- Improper installation or assembly
- Environmental factors (e.g., extreme temperature, humidity, or sunlight exposure)
- Damage caused by acts of nature (e.g., fire, floods)
15. Intellectual Property
All designs, specifications, drawings, and documents provided by Elite Line are the exclusive property of Elite Line and are protected by copyright laws. The Client is granted a limited license to retain copies for informational purposes only. Use of these materials for other projects requires written permission from Elite Line and appropriate compensation.
16. Dispute Resolution/Venue
Any disputes arising out of this agreement shall be resolved by binding arbitration or litigation at Elite Line’s discretion. Arbitration will be conducted at a location selected by Elite Line, and a single arbitrator will make the final decision. Any legal actions must be initiated within one (1) year of the date of invoice.
17. Costs of Collection
If Elite Line incurs legal or collection costs to secure payment, the Client agrees to cover all related expenses, including attorney fees.
18. Authority; Personal Liability
By executing this agreement, the individual representing the Client affirms they have the authority to do so. If no authority exists, the individual assumes personal liability.
19. Modification
No changes to these terms are valid unless made in writing and signed by both Elite Line and the Client.
20. Non-Waiver
Failure by Elite Line to enforce any part of this agreement does not waive its right to enforce that or any other part in the future.
21. Severability
If any provision of this agreement is found to be illegal or unenforceable, the remainder of the terms will remain valid and enforceable.
22. Force Majeure
Elite Line is not responsible for delays in performance caused by unforeseen events, including natural disasters, labor disputes, or government actions.
23. Entire Agreement
This document constitutes the entire agreement between Elite Line and the Client, superseding any previous discussions or agreements related to the Goods and Services.
24. Contact Information
If you have any questions or concerns about these Terms and Conditions, please contact us at:
Elite Line Cabinetry
Email: [email protected]
By using this website, you acknowledge that you have read, understood, and agree to these Terms & Conditions.
