These Terms and Conditions (“Terms”) govern all quotations, sales, manufacturing, delivery, and installation services provided by Lake Custom Cabinets, LLC doing business as Lapish Custom Cabinets (“Company”) to the purchaser (“Customer”). Acceptance of a quote, invoice, or work order constitutes acceptance of these Terms.
1. Scope of Work
Company shall manufacture custom cabinetry and may provide delivery and/or installation services as specified in the written quote or purchase order (“Agreement”). Only the items expressly listed in the Agreement are included in the scope of work. Drawings, renderings, and samples are approximate representations and minor variations in color, grain, finish, and dimensions are inherent in custom wood products and are not defects.
2. Pricing and Payment
Unless otherwise stated in writing: (a) the Initial Deposit shall be $2,000.00: (b) a Materials Deposit payment in an amount equal to 50% of the Quote Price less the Initial Deposit amount must be received by the Company before work can begin; (c) any changes requested after delivery of the Materials Deposit are subject to additional charges; (d) the final balance (50% of the Quote Price plus any change order amounts) will be paid in full prior to delivery or immediately upon substantial completion of installation. Late payments may incur interest of 1.5% per month or the maximum allowed by Ohio law. Customer is responsible for all reasonable collection costs, including attorneys’ fees, incurred by the Company. Company may suspend work for nonpayment.
3. Changes and Additional Work
Any change to design, materials, finish, measurements, schedule, or scope must be approved in writing by both parties and may require additional cost and time. Unforeseen conditions, site issues, or structural issue requirements may result in additional charges.
4. Manufacturing Lead Time
Estimated completion dates are approximate and not guaranteed. Company is not responsible for delays caused by, material shortages, supplier delays, acts of God, construction delays by others, pandemic, sickness, or government order, or Customer changes or approvals.
5. Site Conditions
Customer is responsible for ensuring the site is ready for installation, including: accurate dimensions, level floors and plumb walls, completed drywall, flooring, electrical, plumbing, and painting where required, and clear access to work areas. Company is not responsible for delays or damage caused by improper site conditions.
6. Delivery and Storage
Risk of loss transfers to Customer upon delivery to the project site or other agreed location. If delivery is delayed by Customer, Company may charge storage and redelivery fees. The delivery site must be climate-controlled prior to delivery of product. If climate-control is not available, this must be clearly communicated to the Company in writing at least 7 days before delivery and arrangements must be made for storage and billed separately to the Customer. Choosing to forgo proper storage for the product voids all product warranties.
7. Limited Warranty
Company warrants that cabinetry manufactured by Company will be free from material defects in workmanship for one (1) year from delivery or installation, whichever occurs first. This warranty does not cover: normal wood movement, expansion or contraction due to humidity, misuse or abuse, improper use of cleaning products, damage by other contractors, modifications by others, or normal wear and tear. Hardware and third-party components carry only the manufacturer’s warranty, if any.
8. Limitation of Liability
To the fullest extent permitted under Ohio law: Company’s total liability for any claim related to the project shall not exceed the total amount paid to Company under the Agreement; and Company shall not be liable for indirect, consequential, incidental, special, or punitive damages, including loss of use, loss of profits, or project delay damages. Customer acknowledges and accepts this limitation is a material provision of the agreement.
9. Customer Responsibilities
Customer agrees to: verify all measurements and selections, obtain required permits unless otherwise stated, ensure utilities are available (if required), maintain proper environmental conditions for wood products. Company is not responsible for structural modifications, plumbing, electrical work, or code compliance unless expressly included in writing.
10. Installation Disclaimer (If Installation Is Provided)
Installation services are limited to cabinetry supplied by Company unless otherwise agreed in writing. Company is not responsible for: existing structural issues, hidden conditions in walls or floors, damage caused by preexisting site defects, demolition or moving of existing cabinets and countertops, providing countertops, hardware, appliances, faucets, or plumbing.
11. Cancellation
Orders for custom cabinetry enter production shortly after approval and are non-cancelable once materials are ordered or fabrication begins. If Customer requires to terminate an order, no refunds will be provided and any costs of labor, materials, or design that have been incurred and not yet billed by the Company shall be promptly payable by Customer.
12. Access and Safety
Customer shall provide safe and reasonable access to the delivery site as coordinated by Customer and the Company. Company may stop work if unsafe conditions exist.
13. Indemnification
Customer agrees to indemnify and hold Company harmless from claims arising from: inaccurate information provided by Customer; site conditions beyond Company’s control; and work performed by third parties.
14. Dispute Resolution
Any dispute shall first be attempted to be resolved through good-faith negotiation between the parties.
15. Governing Law
This Agreement shall be governed by the laws of the State of Ohio.
16. Entire Agreement
The written Agreement, including these Terms, constitutes the entire agreement between the parties and supersedes prior discussions or representations.