WestCoastTops   Cabinetry + Countertops

1. Warranty and Exclusions. Seller warrants its workmanship and Seller-provided materials for one year from substantial completion unless otherwise stated in writing. Manufacturer, fabricator, supplier, customer-supplied, appliance, fixture, or product warranties are separate and not Seller warranties. This warranty excludes misuse, abuse, lack of maintenance, normal wear, existing site conditions, structural movement, settling, moisture, mold, third-party work, customer-supplied materials, and manufacturer, fabricator, or supplier defects. 

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2. Delivery, Lead Times, Custom Materials, and Risk of Loss. Delivery dates, installation dates, and project schedules are estimates only. Material lead times may vary due to supplier availability, manufacturer schedules, shipping, special-order requirements, or other circumstances beyond Seller’s control. Work is not required to begin until required materials for that phase are received and inspected by Seller. Special-order, custom, or non-stock products and materials are non-returnable and non-refundable except as required by law or approved in writing by Seller. Purchaser shall accept delivery when products are ready; if Purchaser cannot accept delivery or installation for reasons beyond Seller’s control, Purchaser is responsible for storage, rescheduling costs, and risk of loss to the extent permitted by law. 

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3. Custom Products, Deposits, and Cancellation. Purchaser understands that project materials may be specially ordered, custom fabricated, or non-stock items. Seller may use the deposit to begin processing the project and ordering materials promptly after signing, except where a legally required cancellation period applies. If a legally required cancellation period applies, Seller may delay ordering or commencing work until that period expires unless earlier action is permitted by law and authorized in writing. Once materials are ordered, fabricated, shipped, or otherwise committed, Purchaser is responsible for all non-refundable costs, including special-order, custom, non-stock, restocking, cancellation, shipping, design, fabrication, and labor costs, except as otherwise required by law. Purchaser may not cancel this Agreement except as required by law or approved in writing by Seller. 

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4. Scope, Site Conditions, Tolerances, and Change Orders. Seller is not responsible for installation, plumbing, electrical, flooring, decorating, or other construction work unless that work is included in the written estimate scope. Purchaser understands that minor field variations within customary industry tolerances, including fractional measurement differences after installation, may occur and are not considered defects if the work is performed in accordance with customary industry practices. The contract price excludes hidden, unknown, or changed job-site conditions. Additional work, labor, materials, or costs outside the original scope require a written Change Order approved by Purchaser before work begins, except where immediate action is reasonably necessary to protect persons, property, or the work in progress. Approved Change Orders are billed as stated in the Change Order or at actual material cost plus applicable labor. Seller may use materials, products, subcontractors, or contractors reasonably needed to complete the project. 

Examples include, but are not limited to: 

• Inability to reuse existing water, vent, waste pipes, crown molding, trim, baseboards, fixtures, or decorative items; 

• Air shafts, ducts, grilles, louvers, registers, concealed pipes, risers, wiring, or conduits requiring relocation; or 

• Imperfections, rot, decay, structural issues, or other concealed conditions requiring correction or replacement.  

5. Completion, Punch List, Payment, and Title. Substantial completion means the work is sufficiently complete for its intended use, even if minor punch-list items remain. Upon substantial completion, Purchaser shall inspect the work before Seller departs, and any remaining touch-up items will be listed on a punch list. Seller will complete approved punch-list items within a reasonable time, subject to material availability, scheduling, and access. Unless required by law or agreed in writing, minor punch-list items do not excuse amounts otherwise due.  

Payment may be based on either a total project amount or a day-rate/time-and-materials structure, as stated below or in the Seller’s Estimate, invoice, or written payment schedule. Total Project Amount: ________________________________. Day Rate / Time-and-Materials Rate: ________________________________. Purchaser shall pay according to the Seller’s Estimate, which is incorporated into this Agreement, and any invoice or written payment schedule; deposits are due at signing, progress payments when invoiced, and final payment upon substantial completion unless otherwise stated. Seller may suspend work, delivery, or installation if payments are not received when due. To the extent permitted by law, title to removable products and materials remains with Seller until the contract price and approved Change Orders are paid in full. 

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6. Late Payments, Collections, and Resale. Late payments may accrue interest at the lesser of twenty percent (20%) per year or the maximum lawful rate. Purchaser shall reimburse reasonable collection costs, attorney fees, filing fees, lien, arbitration, court, and related expenses to the extent permitted by law. Seller reserves all payment rights and remedies available under applicable law. If Purchaser breaches, fails to pay, or refuses delivery or installation without legal excuse, Seller may retain, store, return, or resell items in Seller’s possession to mitigate damages. Purchaser remains liable for any net deficiency, storage charges, restocking fees, cancellation costs, or other lawful damages. 

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7. Entire Agreement, Amendments, and Severability. This Agreement, the Seller’s Estimate, and written Change Orders are the entire agreement and supersede all prior verbal or written agreements, warranties, or representations. Changes must be in writing and signed or otherwise approved in writing by both parties. No person may waive, alter, expand, or create any contract, representation, or warranty unless authorized by Seller in writing. If any provision is invalid, unlawful, or unenforceable, the remaining provisions remain effective to the fullest extent permitted by law. 

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8. Performance, Disputes, Governing Law, and Venue. Seller will perform in accordance with customary industry practices. Claims for adjustment, touch-up, or correction do not excuse payment of amounts otherwise due except as required by law or agreed in writing. The parties will first attempt in good faith to resolve disputes. Either party may pursue small-claims court where permitted by law. Any other unresolved dispute shall be resolved by binding arbitration under applicable American Arbitration Association rules unless applicable law requires otherwise. Arbitration shall take place in Virginia unless the parties agree otherwise, and judgment may be entered in any court of competent jurisdiction. Nothing in this clause limits non-waivable consumer rights. This Agreement is governed by Virginia law, and any court proceeding shall be brought in a Virginia court of competent jurisdiction, subject to arbitration and mandatory consumer-protection rules. To the extent permitted by law, neither party is liable for incidental, indirect, special, or consequential damages, including lost use, lost profits, or inconvenience. 

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9. Permits, Approvals, Purchaser Responsibilities, and Site Access. Unless included in the written scope, Purchaser is responsible for permits, inspections, HOA, utility, building, access, and other required approvals. Seller is not responsible for delays, costs, or inability to perform caused by missing approvals, denied permits, code requirements, or conditions imposed by authorities, associations, utilities, building management, or inspectors unless caused by Seller’s failure to perform work in its scope. Purchaser shall provide safe and timely access; available utilities; cleared work areas; secured pets, children, valuables, and fragile items; disclosure of known site conditions; and responsible decision-makers when needed. During renovation or installation, dust, debris, and ordinary construction disruption are expected. Seller will make reasonable efforts to mitigate dust and debris and, when applicable, cover or contain nearby furniture, items, and work areas and clean the construction area daily; however, Purchaser understands that residual dust or debris may remain. Seller is not responsible for damage to items not removed or protected by Purchaser, or for pre-existing or concealed conditions, except to the extent caused by Seller’s negligence or willful misconduct. Lack of access, unsafe conditions, unavailable utilities, undisclosed conditions, or failure to prepare the site may result in added charges or schedule changes.