Terms of Sale

Effective 02-11-2022

Updated 08-28-2024

Updated 10-01-2024

SPECIAL ORDER TERMS OF SALE

The Terms of Sale Agreement (the "Agreement") is between LUXE Design Group, Inc. (“Seller"), a California Corporation, and the Purchaser ("Purchaser"). This agreement governs all sales made from LUXE Design Group, Inc.

PURCHASER UNDERSTAND THAT SPECIAL ORDERS BEGIN PRODUCTION IMMEDIATELY UPON APPROVAL OF CAD DESIGNS AND ARE BUILT TO YOUR SPECIFICATIONS. AS A RESULT, PLEASE SEE OUR REFUND POLICY

FOR THE BALANCE DUE, YOU MAY SEE AN AUTHORIZATION OR PENDING CHARGE ON YOUR CREDIT/DEBIT CARD. WHEN YOUR ORDER SHIPS, THE BALANCE PER THE TERMS DUE WILL BE CHARGED TO YOUR CARD. SEE THE LUXE Design Group, Inc. TERMS OF SALE

Seller proposes to supply materials in accordance with drawings and specifications as provided by the Purchaser and with payment as set forth on estimate and invoicing. All measurements are guaranteed true and accurate at time of measure. The Purchaser is responsible for making the Seller aware of any measurement or construction changes prior to start of manufacturing. Any design changes will require a signed "Change Order" and may result in a price adjustment from the original sum mentioned in this contract. Change Orders received after start of production may require a design fee and a delay of delivery date.

All progress payments will be debited from your bank card unless you notify our office prior to the day of delivery of a different form of payment.
The parties to this agreement are Purchaser and Seller. Purchaser represents that he/she has the legal authority and right to enter into this contract.
Purchaser agrees to make all payments in accordance with the terms and conditions of this contract. Purchaser further agrees that any payments not made timely will be subject to interest of 1.5% per month, or at the then prevailing highest legal rate, until paid in full plus costs of collection, including reasonable attorney fees and costs if legal action is required. Purchaser also agrees that non-payment or dispute of all or any part of the agreed upon amount SHALL RENDER ALL SELLER’S WARRANTIES NULL AND VOID.
The agreed upon cost in the contract is, unless otherwise indicated, based upon delivering products during normal working hours. In the event that Purchaser has special requirements that dictate delivery outside of normal working hours, Purchaser agrees to pay such additional costs as are usual and customary for overtime at Seller’s current labor rates unless otherwise agreed to by Purchaser and Seller. Purchaser agrees to take delivery within 3 business days that the product is ready for delivery. Any delay of delivery beyond 3 business days will result in $300 per day storage fees, plus other applicable shipping charges. Purchaser agrees and understands that unloading of products is their responsibility and is their responsibility to have proper equipment needed to unload products.
Change Orders
1. Definition of Change Order: A "Change Order" is any written modification to the scope of work, specifications, or terms of this Agreement, which may include changes to the materials, work procedures, timelines, or costs.
2. Initiation of Change Orders: Either Party may initiate a Change Order by submitting a written request to the other Party. The request must detail the proposed changes, including the reasons for the change, the impact on the project timeline, and any adjustments to costs.
3. Approval Process: The Party receiving the Change Order request shall respond in writing within five (5) business days of receipt. If both Parties agree to the Change Order, it shall be documented in writing, signed by authorized representatives of both Parties, and become part of this Agreement.
4. Cost Adjustments: Any Change Order approved by both Parties may result in an adjustment of the total contract price and/or the schedule for completion of work. The Seller shall provide a written estimate of any price adjustments associated with the Change Order, which the Purchaser must approve before proceeding with the changes.
5. Impact on Time: Approved Change Orders may extend or shorten the time for completion as agreed by both Parties. If a Change Order results in an increase in the time required for the performance of work, the Purchaser shall grant an appropriate extension of time.
6. No Unauthorized Changes: Work shall not commence on any Change Order until it has been formally agreed upon in accordance with this Clause. Any changes made without an executed Change Order will not be recognized, and the Purchaser will be liable for costs associated with unauthorized changes.
7. Documentation: All Change Orders shall be documented using a standard Change Order form provided by the Seller or mutually agreed upon by both Parties. Such forms shall include a description of the work to be changed, the reason for the change, and adjustments to the contract price and schedule.
8. Agreement of Terms: By signing a Change Order, both Parties agree that the Change Order shall modify the original Agreement according to the changes documented in the Change Order.
Agreement to Arbitrate: The Parties agree that any dispute, controversy, or claim arising out of or relating to this Agreement, including its formation, interpretation, performance, breach, termination, or the relationships created by this Agreement (collectively, "Disputes"), shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association (AAA) that are in effect at the time of the arbitration.
1. Location: The arbitration shall take place in Placer County, California, unless the Parties mutually agree to a different location.
2. Arbitrator Selection: The arbitration shall be conducted by a single arbitrator who is mutually agreed upon by the Parties. If the Parties cannot agree on an arbitrator within 30 days from the date a demand for arbitration is submitted, the AAA shall appoint the arbitrator in accordance with its rules.
3. Conduct of Arbitration: The arbitration shall be conducted in accordance with the AAA's applicable rules. The arbitrator shall have the authority to determine the scope of the arbitration, conduct hearings, and issue a binding decision. The Parties agree that the arbitration will be conducted in a fair and expeditious manner.
4. Confidentiality: The Parties agree that all aspects of the arbitration proceedings, including the existence of the proceedings, any discovery, and all documents, testimony, and information presented during the arbitration shall be strictly confidential, except as required by law.
5. Final and Binding Decision: The decision of the arbitrator shall be final and binding upon the Parties and may be entered in any court having jurisdiction thereof. The Parties agree that they shall not have the right to appeal the arbitrator's decision, except as provided under applicable law.
6. Costs of Arbitration: Each Party shall bear its own costs related to the arbitration, including attorney's fees. The costs of the arbitration, including the arbitrator’s fees and administrative fees of the AAA, shall be borne equally by the Parties unless otherwise awarded by the arbitrator.
7. Waiver of Jury Trial and Class Action: By agreeing to this Arbitration Clause, the Parties knowingly and voluntarily waive their right to a jury trial and agree that any arbitration shall be conducted on an individual basis and not as a class, collective, or representative action.
Attorneys' Fees: In the event of any litigation, arbitration, or other legal proceedings arising out of or relating to this Agreement, the prevailing Party shall be entitled to recover from the non-prevailing Party all reasonable attorneys' fees, costs, and expenses incurred as a result of such proceedings. Such fees and costs shall include, but not be limited to, fees for trial, appellate, and post-judgment matters, as well as any necessary expert witness fees and other costs associated with the collection of any amounts due under this Agreement.

For purposes of this provision, "prevailing Party" means the Party who is successful in obtaining a judgment, decision, or award in their favor, whether through settlement, trial, or otherwise. The determination of what constitutes reasonable attorneys' fees and costs shall be made by the court or arbitrator overseeing the matter, considering the complexity of the case, the skill required to perform the services rendered, and the customary charges of attorneys in the jurisdiction where the services were performed.
Collection Agency Fees
In the event that the account becomes delinquent and is referred to a collection agency, the debtor agrees to pay all reasonable costs incurred by the creditor in collecting the outstanding debt, including but not limited to collection agency fees. Such fees will not exceed fifty percent (50%) of the total amount owed. The debtor acknowledges that these fees are in addition to the principal and any accrued interest or penalties and will be added to the total amount due.
Limitation of Liability
General Limitation: Except as expressly provided in this Agreement, neither Party shall be liable to the other Party for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, loss of business opportunities, loss of goodwill, or any other economic loss, arising out of or in connection with this Agreement, even if the Party has been advised of the possibility of such damages.

Cap on Liability: The total liability of either Party for any claims, damages, or losses arising out of or in connection with this Agreement, whether based on contract, tort (including negligence), strict liability, or any other theory, shall not exceed the total amount paid by the Purchaser to the Seller under this Agreement during the six months preceding the event giving rise to the claim.

Essential Purpose: The Parties acknowledge that the limitations of liability set forth in this clause are a fundamental basis of the bargain between the Parties and that the fees charged reflect this allocation of risk. The limitations shall apply notwithstanding any failure of essential purpose of any limited remedy specified herein.

Exclusions: Nothing in this Agreement shall limit or exclude either Party's liability for:
1. Death or personal injury caused by its negligence;
2. Willful misconduct; or
3. Any other liability that cannot be excluded or limited by applicable law.
It is further understood and agreed that there are no other agreements between the parties, written or oral, regarding the subject matter of this contract and that this contract reflects the full and complete understanding between the parties. It is also understood and agreed that this contract was entered into in California, and that venue for any action arising from this Contract shall be in California. Both parties agree NO modification of this contract (e.g. Change orders) shall be enforceable unless it is in writing and signed by both parties.
The contract is an offer by Purchaser to buy from the Seller and must be accepted by the Seller in order to become binding on the parties. The Seller reserves the right to discontinue work under the contract in the event of a significant change in Purchaser’s credit rating, unless satisfactory credit arrangements are agreed upon subsequent to such change.
Force Majeure: Seller shall be excused from any delay in completion of the contract caused by inclement weather, floods, earthquakes or other acts of God; labor disruptions; the Purchaser or the Purchaser’s agent; changes requested by the Purchaser; or other contingencies unforeseen by the Seller and beyond the Seller’s reasonable control. Purchaser has provided for such property damage insurance as he/she feels adequate.
Purchaser accepts responsibility for materials delivered to job site in good order by Seller or his suppliers and agrees to provide protection against theft and from the elements.
Purchaser accepts that LUXE Design Group, Inc. And its affiliates and their respective shareholders, directors, officers, employees, affiliates, agents, representatives, licensors, suppliers, and service providers are not designers. All designs of cads and products will be done based on Purchaser’s direction. Purchaser is responsible for verifying all measurements and designs for accuracy.
Seller agrees to furnish the materials specified in the contract and to complete all work called for in a professional and workmanlike manner, according to standard practice in the industry.
Purchaser understands that all design files produced through the process are the sole property of LUXE Design Group, Inc. Until such time the final payment of order is made. At the time of final payment, design files become the property of the Purchaser. At no point prior to the final payment is the Purchaser to use the designs for any reason other than to verify measurements and design without the written approval of the Seller. If at any time the Purchaser uses the design files for reasons other than verification of measurement and design verification, Purchaser agrees to compensate LUXE Design Group, Inc. the amount of $25,000.
Purchaser is aware that the job site temperature and moisture conditions may adversely affect wood products and therefore Purchaser expressly agrees that Seller shall not be responsible for any expansion, shrinkage, cupping, buckling, or other reaction of wood to moisture or dryness without regard to size, grade or previous condition of the material after delivery. Seller shall further not be held responsible for any type of insect infestation.
Showroom displays and samples are a representation of our finished product. Some variations may occur due to differences in production die lots.
Purchaser is responsible for unpacking all products within 5 calendar days of receipt of goods. Purchaser agrees to inform Seller of any damage along with sending detailed photos of damage within 5 calendar days of receipt. Purchaser agrees to save all packaging of any damaged goods and send photos of damaged packaging to Seller within 5 calendar days of receipt.
No Credit Card Dispute; Arbitration Agreement
The Purchaser acknowledges and agrees that they shall not initiate a credit card dispute, chargeback, or similar action with their credit card issuer or bank regarding any transactions made under this agreement or prior payments made. In the event of any disputes or claims arising out of or related to this Agreement, the Purchaser agrees to resolve such disputes exclusively through binding arbitration in accordance with the rules of the American Arbitration Association (AAA), rather than through litigation in a court of law.

By entering this Agreement, the Purchaser waives any rights to pursue class action claims or to have any disputes adjudicated in court. The Purchaser agrees that if they breach this section and initiate a credit card dispute, chargeback, or similar action with their credit card issuer they are responsible for all costs to recover the funds and are responsible for any negative impact on the Seller’s merchant account including but not limited to future increase in processing fees.
Lending Institution and Preliminary Notice Clause
Notification of Lending Institution: The Purchaser agrees to provide the Seller with the name and contact information of any lending institution providing financing for the project described in this Agreement ("Lending Institution"). Such notification shall be made within five (5) business days of execution of this Agreement.

Preliminary Notice Updates: The Seller shall have the right to send a preliminary notice to the Lending Institution regarding the commencement of work as required by applicable law. The Purchaser agrees to cooperate with the Seller in providing all necessary information and documentation to facilitate this process.

Updates on Project Progress: The Seller agrees to keep the Purchaser and the Lending Institution informed of the status of the project, including but not limited to major milestones, delays, or significant changes affecting the timeline and budget. The Seller will provide these updates upon request from the Purchaser or lending institution within Five (5) business days of request.

Acknowledgment: The Purchaser acknowledges that timely communication with the Lending Institution may be necessary to ensure that financing is in place throughout the duration of the project and agrees to promptly inform the Seller of any changes related to the Lending Institution or financing arrangements.

Release of Information: The Purchaser authorizes the Seller to communicate directly with the Lending Institution regarding project status and any payment issues that may arise. The Seller may provide necessary documentation to the Lending Institution as needed to ensure adherence to financing conditions and requirements.
The above terms and conditions paragraphs have been read and agreed to by all parties to this contract prior to signing and shall be held an integral part thereof. Both parties understand and agree to be bound by every paragraph herein.
Electronic Signature Acceptance
The Parties agree that this Agreement and any documents related to it may be executed by electronic signatures, which shall be deemed to have the same legal effect as traditional handwritten signatures. The Parties acknowledge and agree that they have the right to request documentation of electronic signatures and that electronic delivery of this Agreement and any notices associated with it shall be sufficient. Each Party agrees that their electronic signature, including scanned copies of signed documents, shall be valid and binding, and they hereby waive any rights to contest the validity of such electronic signatures based on the lack of handwritten signatures.

Expected Delivery Times

This Contract Page ("Page") is an integral part of the agreement between LUXE Design Group, Inc. ("Seller") and the Purchaser ("Purchaser") for the purchase and delivery of construction goods. The purpose of this Page is to provide the Purchaser with information regarding the expected delivery times for each product category.

Windows:
- Production Time: The production of windows is estimated to take approximately 40-60 from the date of approved CAD drawings.
- Shipping Time: After production, the windows will be shipped to the Purchasers designated location, and the estimated shipping time is 60 days.
Doors:
- Production Time: The production of doors is estimated to take approximately 30-45 days from the date of approved CAD drawings.
- Shipping Time: After production, the doors will be shipped to the Purchaser's designated location, and the estimated shipping time is 60 days.
Cabinets:
- Production Time: The production of cabinets is estimated to take approximately 120-180 days from the date of approved CAD drawings.
- Shipping Time: After production, the cabinets will be shipped to the Purchaser's designated location, and the estimated shipping time is 60 days.

Please note that the expected delivery times provided above are estimates and may vary depending on factors such as the availability of raw materials, production capacity, and logistical considerations. The Seller will make reasonable efforts to adhere to the estimated delivery times but shall not be held liable for any delays that may occur beyond its control.

Seller at its discretion may or may not supply detailed shipping information to the Purchaser. Release of information including but not limited to, container number, ship name, bill of lading, shipping company, telex release, shipping invoices, shipper contact information, customs documentation, or manufacturer invoices are at the sole discretion of the Seller, and Seller has no obligation to release this information to the Purchaser at anytime.

Offloading Responsibility:

The Purchaser is responsible for arranging a forklift or suitable equipment for the offloading of the delivered products. The Seller can assist the Purchaser in finding suitable forklift rental companies, but it is the Purchaser's responsibility to initiate the rental process at least 48 hours before the scheduled delivery.

For large deliveries, the Seller recommends that the Purchaser has 3-4 individuals present at the delivery location to provide additional manpower and assist in the offloading process. This will ensure the safe and efficient unloading of the products.

The Purchaser acknowledges that the delivery times stated above are subject to change and that the Seller will notify the Purchaser in a timely manner if any modifications or delays to the delivery schedule arise. The Seller will make reasonable efforts to keep the Purchaser informed about the progress of their order.

By signing below, the Purchaser acknowledges that they have read, understood, and agreed to the expected delivery times for the respective product categories as stated in this Page.

Terms of Sale

Expected Delivery Times

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