IF YOU ARE A BUYER AND WISH TO USE THIS WEBSITE TO PURCHASE OUR PRODUCTS, PLEASE CAREFULLY READ THIS BUYERS AGREEMENT BEFORE DOING SO. BY USING THIS WEBSITE, YOU AGREE TO FOLLOW AND BE BOUND BY THIS BUYERS AGREEMENT, WHICH WILL BE A LEGALLY ENFORCEABLE AGREEMENT BETWEEN YOU AND NOW BUILD, INC.
- Parties and Effective Date
This Buyers Agreement (“Agreement”) is between Now Build, Inc. (“Now Build”, “We” or “Us”) and you (“Buyer” or “You”) as a user of the www.CabinetNOW.com Site (the “Site”) and services available through the Site (the “Services”).
This version of the Buyers Agreement was implements and became effective on November 15, 2016 (“Effective Date”). It applies from the later of that date and the date on which you accepted it through the Site.
CHANGES MAY NOT BE MADE ONCE AN ORDER HAS BEEN PLACED. ORDERS ARE PROCESSED IMMEDIATELY, WE CANNOT CANCEL OR CHANGE AN ORDER FOR ANY REASON. ONCE PLACED, AN ORDER WILL NOT BE REFUNDED OR CHANGED. THERE ARE NO EXCEPTIONS.
ALL MEASUREMENTS, STYLES, SPECIES, SHIPPING TYPE AND DESINATION ARE FINAL WHEN THE ORDER HAS BEEN PLACED. NO CHANGE CAN BE MADE. NO EXCEPTIONS.
Please ensure that you’ve entered in all of your measurements correctly and that you are 100% confident in the details of your order.
We are able to offer the best made doors in the United States with the fastest turnaround because we have a highly efficient ordering and manufacturing process. Due to this, our process is not flexible. Once an order is complete, it is processed immediately at our factory and cannot be changed, cancelled or altered for any reason. If you are concerned that you are unsure about, or may want to change your order, please do not place it.
We read sizes submitted by Buyer as “Width X Height”. Orders are places to the nearest 1/16” (One Sixteenth inches). There is a 1/16th inch tolerance on all doors and drawer fronts. Please check sizes and specifications carefully as this is your confirmation of the order. We do this to make sure you receive your order correctly. Any mistake that is not corrected becomes your responsibility. Special instructions should be clearly communicated.
If you do not receive confirmation please check your spam folder or call us. We may have experienced a transmission problem and need your assistance. Do not re-fax or e-mail again.
- Limited Warranty
Now Build sells UNFINISHED wood products nationwide. ONCE OUR PRODUCTS ARE RECEIVED, IT IS IMPOSSIBLE FOR US TO MONITOR THE CONDITIONS UNDER WHICH THEY ARE KEPT. We provide special handling instructions with every order, to minimize any warping, twisting or cracking due to conditions beyond our control. Claims on any order or material discrepancies must be made within 2 weeks of receipt of order and prior to HINGING, HANGING or FINISHING.
Doors will not be accepted for return without prior written approval. Doors need to be returned in their original condition to the offices of Now Build for inspection. Any item that has been hinged, hung or finished, shows signs of exposure to moisture, heat or sun, shows signs of job site neglect or is modified in any way shall be deemed accepted by the buyer and voids this limited warranty. If it is deemed to be a manufacturing error, all shipping fees will be reimbursed.
If our product is handled in accordance with our recommended guidelines (see Section 4), most problems will be minimized. Remember, you are dealing with an unfinished wood product that will warp, twist or crack within 24 hours if not treated or handled properly.
In the event that a mistake has been made to your order, Now Build will do everything in its power to correct that mistake, which may cause delays to the order and Buyer’s project. Now Build will not be held responsible for any delays or subsequent damages or delays as a result of a remake, replacement or problem order. Any requests for paint grade doors with wood panels carry no warranty or guarantee of any kind.
All orders must be placed through the Site. All orders are processed immediately upon payment. Items will be inspected at our facility before shipping for damage and quality. Our production team will begin construction upon approval and receipt of payment in full.
IMPORTANT GUIDELINES ABOUT OUR PRODUCTS THAT REQUIRES YOUR SPECIAL ATTENTION:
- Because of its nature, wood will expand and contract. Changes in temperature, humidity and other conditions produce wood movements. Wood is like a sponge, even when finished it will pick up moisture and easily expand in mountain and coastal regions causing wood to warp, twist or crack. It will dry out and easily shrink in desert regions causing wood to warp, twist or crack. Consequently, proper precautions must be taken during storing, handling and finishing operations.
- You may need to perform extra sanding steps when using darker stains or glazing applications.
- To preserve and enhance the quality and beauty of our unfinished wood products we strongly recommend finishing and sealing of doors in a very timely manner.
- Unfinished wood needs protection from moisture and from extreme fluctuations in temperature and humidity. Construction sites may vary in temperature as much as 30 to 50 degrees from day to night, causing warping, twisting or cracking of unfinished doors within 24 hours. Even finished doors will do the same.
- Before doors are delivered, have all windows and exterior doors in place and bring the house to occupancy level conditions. Make sure all new drywall and plaster has had at least 2 weeks to dry.
- Many jobs are finished on site, where doors are not removed from the cabinet prior to finishing. This causes unfinished top rails on upper cabinets and unfinished bottom rails on lower cabinets. This allows moisture to be absorbed through the unfinished portion of the door, causing warping, twisting or cracking.
- Avoid inhaling wood dust or use a dust mask or other safeguards for personal protection.
- Drilling, sawing, sanding or machining wood products generates wood dust, a substance known to the State of California to cause cancer.
- Now Build strictly adheres to these recommendations:
- Under no circumstances should unfinished mill work be delivered to a job or site that is under construction and open to the elements.
- Doors should not be subjected to abnormal heat, cold, extreme dryness, humid conditions or sudden changes therein.
- The entire door must receive two coats of a good grade finish. Completely and evenly finish ALL PIECES - front, back, top bottom, sides and all cutouts. NOW BUILD WILL NOT BE HELD RESPONSIBLE FOR DAMAGE DUE TO THE ABOVE LISTED SITUATIONS. THESE ARE NOT CONSIDERED A DEFECT.
All payments shall be made through the Site. Now Build accepts payment via Visa, MasterCard, American Express and Discover.
- Handling and Freight Policy
Most orders are shipped within 5-10 business days from credit approval. In an effort to simplify and clarify our charges for freight and handling, the following policy applies:
- Orders of 12 pieces or less or $300.00 or less are subject to shipment via UPS and assessed for packaging materials required to ship plus UPS charges.
- All orders will be assessed for standard HANDLING CHARGES. Each door (a pair of doors counts as 2 items) and drawer fronts will be counted for the handling charge. This charge will apply to all orders, whether it is to be will-called, delivered on our truck or shipped common carrier or UPS. Additional delivery attempts via our trucks or UPS will result in a charge of $50.00 each.
- All other orders will be shipped via common carrier or UPS. Orders will be assessed for packaging materials required to ship.
- Minimum invoice charge $25.00.
- Any damage to outer packaging must be noted and brought to the attention of the carrier. Save all packaging material in case a damage claim is to be made. If you would like to file a claim for products damaged upon arrival, please send photos and a description of the damage to Now Build. Once submitted, we will advise you within 1 business day of our course of action.
- $15.00 fuel surcharge for each delivery.
- Return & Refund Policy
Products must be inspected upon receipt. Our limited warranty covers the replacement of doors and drawer fronts in an unfinished state and in good condition, as originally delivered F.O.B. from our factory. Any variation from our normal construction specifications is not guaranteed, i.e., reducing the thickness of the panel or frames or any height over 48". A warp or twist of 3/16" of an inch or less is not considered a defect. A twist is measured by placing the face of the door against a true plane surface. Doors are manufactured to the nearest 1/16th of an inch. There is a 1/16th tolerance for all doors and drawer fronts.
In the very rare event that a damaged product is shipped, please email detailed pictures of the damage with an explanation and request for replacement. If the product was damaged/defective before shipping, it will be replaced, we will ship the replacement upon receiving the damaged product and will refund shipping costs associated. In the event an item is returned to us by a client, and the damage did not result from us, Buyer will be liable for all shipping and related costs.
All packages are shipped with insurance for the order amount. In the event a product is damaged by the courier delivery service, the client will be responsible for pursuing a claim with the delivery company directly. Please be advised that some delivery services will contact you prior to the delivery. If they are unable to reach you by the phone numbers provided, they will not deliver your order. Freight companies will charge up to $100 per day to store your order. Buyers are responsible for these and any other additional charges.
- Delivery Services
Now Build will not be held responsible for delays caused by factors beyond our control (i.e. obstruction or blockage of usual routes of transportation, unavoidable accidents, riots, natural disasters, vehicle shortages, prevention of labor, power shortages or lack of materials.) There are no other warranties of any kind expressed or implied.
Buyer acknowledges that there are a variety of factors that may impact, and or delay the delivery and production of the doors or items ordered. Many of them are beyond the control of Now Build. Regardless of the nature of a delayed order, problematic or mistaken order, Now Build and it's affiliates will not be held responsible for any delays and any subsequent problems or damages realized by Buyer. Buyer agrees not to hold Now Build liable for any delays or damages for any reason. Now Build will do it's best to deliver the order within the promised time, but Buyer realizes that delays may occur for a variety of unknown reasons. In the event that a delay occurs, for any reason, Now Build will not be held responsible for any resultant losses damages or liabilities.
Prices are subject to change at anytime and without notice. If a product is listed at an incorrect price, you have the right to refuse, cancel, modify or take action to address the error. In no event shall Now Build be responsible for selling or shipping a product at an incorrect price.
Now Build may, in its sole discretion, remove, cease operating, change the functionality of, or otherwise modify its Services and the Site at any time.
Now Build does not guarantee continuous, uninterrupted, ongoing access to the Site or any of the Site’s features, and operation of the Site may be interfered with or eliminated entirely by numerous factors outside of Now Build’s control or at Now Build’s sole discretion.
- Limited Warranty
ANY AND ALL IMPLIED WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ARE LIMITED TO THE DURATION OF THE EXPRESS WARRANTY ON THIS PRODUCT, AND ON THE PARTICULAR PORTION OR PART OF THE PRODUCT IN QUESTION. THE WARRANTY AND REMEDIES SET FORTH ABOVE ARE EXCLUSIVE AND IN LIEU OF ALL OTHERS, ORAL OR WRITTEN, EXPRESS OR IMPLIED. IN NO EVENT WILL NOW BUILD BE LIABLE TO YOU FOR ANY DAMAGES, INCLUDING INCIDENTAL OR CONSEQUENTIAL DAMAGES, ARISING OUT OF THE USE OR INABILITY TO USE THIS PRODUCT.
You agree to indemnify and hold Now Build and Now Build’s parents, subsidiaries, affiliates, officers, directors, consultants, suppliers, contractors, agents and employees harmless from any loss, expense, and damage, including but not limited to reasonable attorneys’ fees, arising out of or relating in any way to any claim or demand made, asserted, or threatened by any other person or entity and that arises out of or relates to Buyer’s conduct or failure to act. Buyer’s use of Now Build’s services, or Buyer’s use of the Site, including but not limited to claims or demands relating to Buyer’s breach of this Agreement, violation or alleged violation of any other rights of another, and violation or alleged violation of any law or regulation.
The parties represent to each other as follows, acknowledging that the other party is relying on these representations:
- The parties have the authority and capacity to enter into this Agreement;
- The parties have duly executed and delivered this Agreement; and
- This Agreement constitutes a legal, valid and binding obligation, enforceable against the parties in accordance with its terms.
- Limitation of Liability
IN NO EVENT SHALL NOW BUILD, OR ITS SUBSIDIARIES, PARENTS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, CONSULTANTS, CONTRACTORS, OR SUPPLIERS BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL COMPENSATORY, CONSEQUENTIAL, OR INCIDENTAL, ARISING OUT OF OR RELATING TO NOW BUILD’S SITE OR SERVICES, YOUR USE OF NOW BUILD’S SERVICES OR THE SITE, OR THIS AGREEMENT, INCLUDING WITHOUT LIMITATION, LOST PROFITS, BODILY INJURY, OR EMOTIONAL DISTRESS.
NOTWITHSTANDING THE FOREGOING, TO THE EXTENT THAT NOW BUILD IS EVER DETERMINED TO BE LIABLE TO YOU, YOU AGREE THAT NOW BUILD IS EVER DETERINED TO BE LIABLE TO YOU, YOU AGREE THAT NOW BUILD’S LIABILITY, AND (AS APPLICABLE) THE LIABILITY OF NOW BUILD’S SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, CONSULTANTS, CONTRACTORS, OR SUPPLIERS, SHALL BE LIMITED TO THE AMOUNT OF FEES NOW BUILD ACTUALLY RECEIVED AS A RESULT OF ANY PROJECTS YOU PURCHASED IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY.
THESE LIMITATIONS SHALL APPLY TO ANY LIABILITY ARISING FROM ANY CAUSE OF ACTION WHATSOEVER, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, EVEN IF NOW BUILD IS ADVISED OF THE POSSIBILITY OF SUCH COSTS OR DAMAGES, AND EVEN IF THE LIMITED REMEDIES PROVIDED HEREIN FAIL OF THEIR ESSENTIAL PURPOSE. IN NO EVENT SHALL NOW BUILD BE LIABLE TO YOU, AND YOU WAIVE ANY RIGHT TO SEEK FROM NOW BUILD, CONSEQUENTIAL OR SPECIAL DAMAGES.
- Choice of Law
This Agreement shall be interpreted and governed by the laws of the State of California, without regard to conflict of laws principles.
- Dispute Resolution dispute
You and Now Build will attempt in good faith to resolve any dispute or claim arising out of or in relation to this Agreement through negotiations. If the dispute cannot be settled amicably within fourteen (14) days from the date on which either party has served notice on the other of the dispute, then the remaining provisions of this Section 16 shall apply.
In the event that the dispute cannot be resolved through negotiations, but it qualifies for small claims, the dispute shall be resolved in small claims court in San Francisco, CA.
If the dispute does not quality for small claims court, the dispute shall be settled by binding arbitration in San Francisco, California or another location mutually agreeable to the parties. An award of arbitration may be confirmed in a court of competent jurisdiction.
- Entire Agreement