By placing your order with FORM Kitchens, you accept and are bound to the terms of this Agreement. FORM Kitchens specifically rejects any different, inconsistent, conflicting or additional terms or conditions you may provide in the course of the sale of products from FORM Kitchens to you.
Any order shall be subject to acceptance by FORM Kitchens. FORM Kitchens is not responsible for pricing, typographical or other errors in any offer by FORM Kitchens and FORM Kitchens reserves the right to cancel any orders arising from such errors.
2. Payment Terms
Payment of the balance is always required before the order can be sent to production. Once the order has been sent to production the design is final and there are no refunds.
All payments made by buyer shall be in U.S. dollars and may be tendered by certified check, by ACH, by wire transfer or by credit card payment.
Stated prices do not include any customs duties, sales, use, value added, excise, federal, state, local or other taxes. Unless you provide FORM with a valid tax exemption certificate, all such duties or taxes shall be paid by you.
4. Shipping and Delivery
Shipping charges, if any, will be added to your invoice for the products purchased.
Any delivery dates FORM Kitchens quotes are estimates only. FORM Kitchens cannot guarantee delivery on a specific date. Failure to deliver upon a certain date, for whatever reason, shall not entitle you to terminate this Agreement, cancel the order, or claim consequential, liquidated or other damages. FORM Kitchens reserves the right to deliver products in partial shipments or installments.
FORM Kitchens retain title to an order until it has been delivered.
5. Storage fees, Failure to accept delivery
Products not accepted within fourteen (14) days from the time the order is ready for delivery will be transferred to a warehouse for storage. You shall be responsible (and shall be invoiced) for all costs and expenses incurred.
In the event that you fail to accept delivery of the products within six (6) months of the original scheduled delivery date, FORM Kitchens will have the right to retain all sums paid by the buyer and may dispose of the products as sees fit, including via resale , and you shall have no further rights or title therein.
6. Return and Replacement Policy
FORM Kitchens will replace any units that arrive damaged or defective free of charge, providing they are recorded at the time of delivery.
The delivery agent AND the customer are responsible for checking delivery and noting any shortages or visible damages.
Concealed damage is defined as damage found after cabinetry has been unpacked and delivery agent has departed. The customer has 7 days from the date of delivery, to report concealed damage and receive no charge replacements. We strongly recommend that customers inspect product as soon as possible after delivery, and at least 7 days prior to installation.
7. Limited Warranty
FORM Kitchens warrants to Buyer that for a period of 25 years from the Delivery Date, that such Products shall materially conform (a) to the specifications set forth in the Catalogue or Order and (b) to applicable and legal regulatory requirements, each in effect as of the date of manufacture of the Product.
The warranty does not apply where the Products have:
i. been subjected to abuse, misuse, neglect, negligence, accident, improper testing, improper installation, improper storage, improper handling, improper cleaning, abnormal physical stress, abnormal environmental conditions or use contrary to any instructions issued by Seller;
ii. been reconstructed, repaired, re-installed or altered by Persons other than Seller or its authorized Representative; or
iii. been used with any third-party product, hardware or product that has not been previously approved in writing by Seller.
8. Product Changes
Products may be modified or discontinued at any time, without notice to customer.
In addition, customer understands and acknowledges that some minor design changes may be made during the manufacturing process.
9. Limitation of Liability
TO THE EXTENT PERMITTED BY LAW, FORM KITCHENS WILL NOT BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES (INCLUDING THE COST OF PROCUREMENT OR INSTALLATION OF ANY SUBSTITUTE FOR THE PRODUCTS PURCHASED), HOWEVER CAUSED, AND REGARDLESS OF THEORY OF LIABILITY, EVEN IF FORM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE EXTENT PERMITTED BY LAW, FORM’S LIABILITY WILL NOT EXCEED THE AMOUNT YOU WERE INVOICED FOR THE APPLICABLE PRODUCT.
10. Governing Law; Venue.
These Terms and any dispute or claim arising out of, or related to, them, their subject matter or their formation (in each case, including non-contractual disputes or claims) shall be governed by and construed in accordance with Texas law except for its conflicts of laws principles. All claims arising out of or relating to this agreement must be litigated exclusively in the federal or state courts of Texas, and both parties consent to venue and personal jurisdiction there.
In the event that FORM Kitchens is prevented from performing, or is unable to perform, any of its obligations under this Agreement due to any act of God, fire, casualty, flood, war, strike, lock out, failure of public utilities, injunction or any act, exercise, assertion or requirement of governmental authority, epidemic, destruction of production facilities, insurrection, or any other cause beyond the reasonable control and without the fault or negligence of FORM Kitchens, FORM Kitchens performance shall be excused for the period of delay or inability to perform due to such occurrence.
This Agreement constitutes the entire contract between you and FORM Kitchens for your purchase of products from FORM Kitchens; there are no other contracts, express or implied. No course of dealing, nor any failure or delay in exercising any right, power or privilege hereunder by FORM Kitchens shall operate as a waiver thereof. If a court of competent jurisdiction declares any provision of this Agreement to be invalid, unlawful or unenforceable as drafted, such provision shall be amended and construed in a manner designed to effectuate the purposes of the provision to the fullest extent permitted by law. If such provision cannot be so amended and construed, it shall be severed, and the remaining provisions shall remain unimpaired and in full force and effect to the fullest extent permitted by law.
"We believe that good design improves people's lives. We focus on personalization, performance, and peace of mind."
Danny Soos & Tom Sherman