YOUR AGREEMENT TO CLOZETIVITY TERMS & CONDITIONS. By paying your Deposit and otherwise granting your consent to move forward with your Clozetivity Custom Project, you (“You” or “Customer”), agree to be bound by these Clozetivity Custom Project Terms & Conditions, as follows:
APPROVAL OF FINAL DESIGNS; FINAL QUOTE. You approve the final Designs (“Designs”) referenced by your final Quote (“Quote”) and authorize Clozetivity to create, design, order, build, and install a custom-made project (“Clozetivity Custom Project”), customized exactly to the specifications of your Designs (including as to measurements, colors, finishes, and hardware).
TERMS OF PAYMENT. You commit to pay 100% of the amount due as stated in your Quote. A non-refundable deposit (“Deposit”) of 50% of the total Quote amount is due before Clozetivity will begin your Clozetivity Custom Project. The balance of the Quote is due, in full, upon Installation of your Clozetivity Custom Project. We do not offer terms or financing. Clozetivity accepts cash, check, Visa, MasterCard, and American Express credit cards.
INSTALLATION DATE. Clozetivity will contact you to schedule your Installation (“Installation”) on a date (“Installation Date”) that is convenient for you. Every effort will be made to honor the scheduled Installation Date, however, the date is subject to change due to variables beyond Clozetivity’s control, in which event a new mutually agreeable date will be scheduled at no additional charge. If your Premises has specific restrictions or require unusual building logistics for delivery or installation of your Project, please notify Clozetivity when your Installation Date is scheduled.
INSTALLATION PROCESS. Certain steps taken by you will make the Installation Process smoother. Make arrangements so that the Installers can enter your Premises immediately upon their arrival. Prior to the Installers’ arrival, designate a Work Space (“Work Space”) area suitable for on-site cutting of materials. Also, remove all fragile valuables and other personal property in the Installation Space (“Installation Space”) and Work Space areas. Clozetivity is not responsible for personal property damaged in the Installation process.
Upon the completion of Installation, fully inspect your Clozetivity Custom Project and report any defects, issues, objections, questions, or concerns, within 30 days of your Installation Date.
IMPORTANT: Children must remain clear of the Installation Space and Work Space at all times. Pets should be leashed or otherwise contained at all times during the Installation process.
The installers will use their reasonable best efforts to clean up the Installation Space and the Work Space after the Installation process is complete. However, please understand that the Installation process may produce sawdust.
RE-SCHEDULING YOUR INSTALLATION. You may re-schedule your original Installation Date with no less than 7 business days’ notice at no charge, receipt of which is confirmed by Clozetivity. Any change in the installation date with less than 7 business days notice will result in a charge equal to 10% of the job.
EXTENDED INSTALLATION. Your Installation process may be extended to more than one day if the Installers need extra time once they assess your particular Installation Space. Extra Installation time will be completed at your convenience, at no additional charge.
INCOMPLETE INSTALLATION. If, upon the completion of the Installation process, your Clozetivity Custom Project is fully installed and significantly complete, but is for any reason in need of any non-structural adjustments or additional parts (i.e. drawers or hardware), ornamental changes (i.e. finishes being changed), or other such adjustments (“Adjustments”), you may withhold payment of 10% of the total remaining balance of the Quote until such Adjustments have been fully resolved.
ADDRESSING GAPS BETWEEN SYSTEMS AND WALLS; BASE BOARDS. Clozetivity Custom Projects are attached to the walls using brackets. They are installed level and plumb. Most walls and floors are not perfectly straight and flat, therefore, there may be small gaps in between your project and the walls. If you would like to purchase extra trim moldings to cover any gaps, they can be purchased at an additional cost. Most Designs have taken this into consideration. The baseboard is typically left in place and the vertical panels are attached at the bottom around the baseboards. In some instances, Clozetivity removes the baseboards.
FEES ABOVE AND BEYOND QUOTE. Clozetivity reserves the right to require additional fees or charges, if: Changes Post-Final Designs. Changes are made to your final Designs after approved by you; Prolonged Installation Process. The Premises for your Installation are located in a high-rise building or other location with logistics and/or restrictions which substantially increase the Installation Process time, or if the Installers are required to spend more than an average amount of time preparing the Installation Space, or if the Installers are waiting for entry to the Installation Space, or if the Installers are required to remove unplanned shelving or other materials in order to install your Project; Re-Scheduling of Installation Date. You re-schedule your Installation Date with less than 7 business days notice given to Clozetivity. Custom Hardware not received. All special orders that are not supplied by CO must in our possession at the manufacturing facility at least two weeks from the installation date. If this is not met, a service call will be required.
PAST DUE AMOUNTS. Any past due amounts owed by you to Clozetivity by more than 30 days are subject to accrual of interest at the rate of 2% of the total amount due, per each month past due, plus all costs of collection, reasonable attorney’s fees, court costs and other expenses.
SUPPLIERS AND INSTALLERS. Clozetivity will at all times be your contact, and all payments will be made to Clozetivity. Clozetivity will, however, engage experienced, reputable parties, including suppliers and installers, to complete Clozetivity Custom Projects.
Clozetivity LIMITED WARRANTY. Pursuant to the Clozetivity Limited Warranty, Clozetivity warrants to you that your Clozetivity Custom Project, after Installation, shall be free from defects in materials, manufacturing, or workmanship, and shall conform to your Designs. This Limited Warranty is contingent on your Clozetivity Custom Project having at all times been used and maintained in accordance with reasonable standards of care for a custom-made and installed project of its quality, including that your Clozetivity Custom Project: a) has at all times remained in its original Installation Space; b) has never been moved, removed, or tampered with by any party other than CO or its authorized representatives; c) has never had any structural, parts, hardware, or other modifications, alterations, substitutions, or additions, by any party other than Clozetivity or its authorized representatives; and, d) has not been exposed to water, stress, excessive weight, or other harmful conditions, and has been cleaned with non-abrasive products that will not harm its finish (the aforesaid in (a) through (d) being a non-exhaustive list of “Customer Standards of Care”). This Limited Warranty is not assignable or transferrable. EXCEPT AS EXPRESSLY STATED ABOVE, Clozetivity MAKES NO WARRANTY, EXPRESS OR IMPLIED, BY STATUTE OR OTHERWISE, WHETHER OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE OR USE OR OTHERWISE, ON YOUR CO CUSTOM PROJECT, OR ANY PARTS THEREOF, OR LABOR FURNISHED, DURING THE SALE, DELIVERY, INSTALLATION, OR SERVICING OF YOUR CO CUSTOM PROJECT. THERE ARE NO WARRANTIES WHICH EXTEND BEYOND THE TERMS SET FORTH ABOVE. The Clozetivity Limited Warranty does not extend to any negligent acts or omissions committed by you or your representatives, or any acts of God.
REMEDIES. If, at any time after Installation, and for so long as you are the owner of the Premises in which your Clozetivity Custom Project is installed, you discover any defects in materials, manufacturing, or workmanship in your Clozetivity Custom Project (expressly excluding “normal” use and wear and tear), then Clozetivity will repair or replace said defective or failing part of your Clozetivity Custom Project, at no cost to you. THE AFORESAID REMEDY SHALL BE THE MAXIMUM REMEDY AVAILABLE TO YOU. IN NO EVENT SHALL CLOZETIVITY BE LIABLE TO YOU FOR ANY COMPENSATORY, SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES OF ANY KIND ARISING OUT OF, OR AS A RESULT OF, THE SALE, DELIVERY, NON-DELIVERY, SERVICING, ASSEMBLING, INSTALLATION, USE, OR LOSS OF USE, OF YOUR CLOZETIVITY CUSTOM PROJECT, OR ANY PART THEREOF. IN NO EVENT SHALL YOUR LIABILITIES UNDER ANY CLAIM MADE BY YOU AGAINST CO EXCEED THE PURCHASE PRICE AS SET FORTH IN THE QUOTE OF YOUR CLOZETIVITY CUSTOM PROJECT.
INDEMNIFICATION. You agree to indemnify and defend Clozetivity (including its parent, subsidiaries, divisions, and related companies, and their officers, directors, employees, agents, representatives, and consultants) from and against all losses, expenses, damages, demands, claims, causes of action, suits, and other liabilities (including, without limitation, reasonable attorneys’ fees and costs) arising out of any bodily injury, death, property damage, or other damage or loss which arises from or is related to your Clozaetivity Custom Project arising from your or your representatives’ negligent acts or omissions or failure of complying with Customer Standards of Care.
ILLINOIS HOME REPAIR AND REMODELING ACT. CONSUMER RIGHTS ACKNOWLEDGEMENT. CLOZETIVITY takes seriously its duties to consumers and conducts its business in full compliance with all applicable laws, including the Illinois “Home Repair and Remodeling Act”, codified at Public Act 91-0230. A copy of the pamphlet entitled “Home Repair: Your Consumer Rights” is available here: pamphlet.
CANCELLATION OF YOUR CO CUSTOM PROJECT. You have a (3)-business day grace period after paying your Deposit in which to cancel and receive a full refund of your Deposit. After the (3)-business day grace period and prior to Installation, if, for any reason, you elect to cancel or otherwise not proceed with your Clozetivity Custom Project, your Deposit shall not be refunded and shall be applied, in full, to any damages and/or costs incurred by Clozetivity to date. Clozetivity reserves the right to demand payment of additional damages and/or costs. If Clozetivity cancels or terminates your Clozetivity Custom Project, Clozetivity shall refund your Deposit and any monies paid by you to date, in full.
MISCELLANEOUS. These Terms & Conditions shall be interpreted under, and subject to, and resolved under, the laws of, jurisdiction, and venue, of the City of Lakewood, State of New jersey. Clozetivity may assign, transfer, or license its rights and duties hereunder to a parent, subsidiary, or other affiliated party, or assignee, without the consent of Customer, provided said assignee shall perform all terms thereof. These Terms & Conditions shall be binding upon and inure to the benefit of the parties and their respective successors and assigns.