General Terms and Conditions

1 | Definitions

• "Company" refers to Kabinets by Design, the manufacturer.

• "Product" refers to the cabinets, cabinetry, millwork, and/or products manufactured and supplied by the Company.

• "Client" refers to the individual or entity purchasing the Product.

• "Agreement" refers to the contract formed between the Company and the Client for the supply of the Product. The agreement consists of various documentation including but not limited to the signed quote and design documents in conjunction with written communication during the consultation phase.  

 

2 | Orders and Acceptance

• All orders must be confirmed in writing and are subject to acceptance by the Company.

• The Company reserves the right to refuse any order at its discretion.

 

3 | Specifications and Customization

• The Company agrees to provide the Product as designed per the specifications outlined in the Agreement​

• The Company will use materials as specified in the Agreement, unless otherwise agreed upon in writing prior to production.

• The Client is responsible for supplying accurate appliance specifications and/or measurements including those currently onsite should they be reused. 

• Should changes be requested after production commences, a Change Order may be issued to the Client at the sole discretion of the Company. The Change Order shall be accepted prior to changes being implemented.

  • Should the Change Order not be accepted prior to production of affected Products(s), the value of the Change Order may be adjusted accordingly. 

 

4 | Pricing and Payment Terms

• Prices are subject to change without notice but will not affect orders already accepted by the Company.

• All payments to the Company are due upon receipt unless discussed prior to signature. Payment structure is determined solely by the Company and will depend on a number of factors including but not limited to scope of supply, client relationship, level of customization, project timelines, and the Company's involvement in project design.  

• Payment can be made by cash, cheque, certified cheque, bank draft, e-transfer, electronic fund transfer (EFT), or credit card.

  • Credit card payments are subject to a 3% processing fee added onto the total order value.​

• Late payments shall be subject to a 2% penalty, calculated monthly (24% per annum equivalent rate)​. Late payment penalties will commence 15 days after due date of invoice. 

 

5 | Lead Time and Delivery

• Lead times provided are a two-week window to allow for production scheduling. The Client agrees that delivery may occur at anytime in the provided window. 

• An estimated delivery date will be provided within one (1) to two (2) business days upon order acceptance within the two-week window. The Company will make every effort to meet these deadlines but is not liable for delays caused by circumstances beyond its control.

• The Client is responsible for inspecting the Product upon delivery. Any defects or shortages must be reported within five (5) business days. Any defects, shipping related or otherwise, that are reported more than five (5) days after receiving are not the responsibility of the Company.

• The Client assumes all responsibility for safe handling and transport of product that is picked up by the client from the Company's warehouse or when transport is supplied or arranged by the Client using a third party. The Company is not liable for transport damages to product when the client provides transport and any damages reported will not be covered by the Company.

• Should the Client delay delivery of the Product, the Company, at its sole discretion, may charge the Client a storage fee of $20.00+HST per day subject to a seven (7) day minimum fee ($140.00+HST). The final invoice shall be adjusted to reflect the new delivery date as imposed by the Client. 

 

6 | Warranties and Liability

• The Company warrants that the Products will be free from defects in materials and workmanship for a period based on the Client Type. For full warranty information, please click here.

• This warranty does not cover damage caused by improper installation, misuse, neglect, or alteration by the Client.

• The Company's liability is limited to the repair or replacement of defective Products. The Company is not liable for any consequential or incidental damages. Our liability under this warranty is limited to the net invoice price (before tax) of the Products as sold by the Company.

 

7 | Cancellation and Returns

• Orders may be canceled by the Client within 48 hours of order confirmation, subject to a cancellation fee of 15% of the total order value. 

• Once a delivery date is provided, the Product is considered complete and cannot be canceled. 

• Custom or made-to-order Products cannot be returned unless defective.

• Products installed on-site are subject to inspection by Company representatives prior to reproduction. 

 

8 | Confidentiality

• Both parties agree to keep any proprietary information disclosed during the term of the Agreement confidential.

• Designs, prices, materials, and other commercially relevant data shall not be shared without express, written consent from the Company's ownership. 

 

9 | Governing Law

• This Agreement shall be governed by and construed in accordance with the laws of the Province of Ontario.

 

10 | Dispute Resolution

• Any disputes arising under or in connection with this Agreement shall be resolved through mediation before resorting to litigation. The mediator shall be determined by the Company and costs borne equally by both the Company and the Client. 

 

11 | Force Majeure

• The Company shall not be liable for any failure to perform its obligations under this Agreement due to events beyond its reasonable control, including but not limited to natural disasters, acts of war, and labor disputes.

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12 | Entire Agreement

• This Agreement constitutes the entire agreement between the parties and supersedes all prior agreements, understandings, and representations.