Terms of service

Capital Choice Office Furniture ("CCOF"), an Ohio LLC, headquartered at 1517 Alum Industrial Dr. N, 43209 and (Customer), with principal offices at (Indicated in the Estimate and Invoice) and its affiliates, subsidiaries and/or members (collectively "Client"), have entered into this Agreement ("Invoice (and drawing if applicable))) on ("Date listed on the Invoice"). In consideration of the following, the parties agree as follows:

1. Pricing: Pricing is based on the estimate dated.  Pricing is valid for 30 days from date of quote on the estimate unless Client is notified by CCOF of a pending price increase and/or tariff from a CCOF supplier. This Agreement is not binding on CCOF until Client's credit has been approved by CCOF.

2. Purchase Orders: If a purchase order number is required for payment, it must be provided to CCOF at the time of order placement. By issuing a purchase order, Client approves the selection, color, finish, quantities, and fabric choices appearing in the estimate.

3. Payment Terms: A 50.0% initial payment will be required at the time of order entry. Upon initial delivery of the product CCOF will invoice for the balance of the order. Payments are due net 30 from the delivery date. Late payments shall incur an interest charge of 2% per month until paid in full. Credit cards are accepted with a 3% convenience fee. CCOF shall retain the title to goods sold until payment is received in full.

4. Sales Tax: Tax is not included in the Estimate, unless otherwise indicated. CCOF may charge, and Client will be responsible for any sales tax, excise tax, or any other tax, fee or charge imposed by any governmental authority, which CCOF may be required to pay or collect by law in connection with this sale. Any such tax or other charges will be added to the price at the time of invoicing and Client shall pay the tax unless Client provides a Certificate of Tax Exemption to CCOF prior to the estimated shipping date. Client will be responsible for filing appropriate use tax when sales, use or other applicable taxes have not been applied to the invoice.

5. Delivery and Installation: Delivery and installation is included in the purchase price as indicated in the estimate. Installation, unless otherwise agreed to by Client and CCOF and highlighted in estimate, will take place during regular business hours (Monday-Friday, 8:00 am - 5 pm). Client may request partial delivery when placing the order and agrees to pay for the products and additional handling/delivery charges as product is received. Client will provide at no charge, clean, clear un-loading and staging areas, use of elevators or lifts and trash facilities. If double handling occurs due to delay in construction or site readiness and accessibility, Client is responsible for additional labor and storage fees at current CCOF rates.

6. Design/Space Planning: CCOF provides design, space planning, and furniture inventory services. A budget estimate will be provided for Client approval if design services are requested prior to any work being performed. All designs, plans, drawings, specifications, samples, and the contents therein regarding this sale shall remain the property of CCOF, and may not be used, reproduced or distributed, in whole or in part until the payment is received in full at CCOF, or without the express written permission of CCOF. For new furniture orders, CCOF provides the initial design layout and up to two (2) revisions free of charge per order. If additional design revisions are required, current CCOF rates shall apply.

7. Change Orders: After order placement, if changes are required, CCOF will utilize a standard format for all additional design, service, installation, and delivery beyond the original scope of work. Current CCOF rates shall apply. Any additional work, not part of the original quote, requires a client signed change order prior to any work being performed.

8. Returns and Changes: All products are made to order; therefore, all sales are final. Changes could result in additional charges (e.g., weekday to weekend). Cancellations of project may result in charges of CCOF's involvement to the time of the cancellation.

9. Acceptance: Within a reasonable time after delivery and/or installation of the product, authorized representatives of CCOF and Client shall inspect the product for conformity with the order and for defects and/or damages and shall note all such mutually agreed upon items on a Delivery and/or Installation "Delivery Plan". Upon completion of the inspection, the representatives of CCOF and Client shall sign the Delivery Plan, which shall constitute Client's acceptance of the products as received and installed, subject to the contents of the Delivery Plan.

10. Shipping and/or Installation Damage: Products that are damaged or have other quality related issues will be repaired and/or serviced to meet manufacturers' quality standards.

11. Drop Ship: When product is received at Client's location, Client accepts responsibility for inspecting and noting freight damage on bill of lading and filing freight claim(s) with the carrier. If freight damage is concealed, Client will notify CCOF within 72 hours of receiving product. Payment of invoices shall not be withheld due to concealed or apparent damage.

12. Retainage: Client is permitted to hold as retainage an amount equal to the value of damaged, mis-specified, or mis-shipped products but only for these products.

13. Insurance and Security: Client is responsible for any loss or damage to furniture or office systems delivered by CCOF to Client site having been caused by weather, theft, fire or other trades and personnel.

14. Storage and Handling: If new furniture is received at CCOF warehouse and is held for more than 14 days due to Client delays, Client will be billed for furniture purchased and subject to a storage fee at current CCOF rates, which will be billed monthly. Prior to incurring any costs, current rates will be provided for Client's approval.

15. Powered Panels: Prior to the installation of powered panels, Client assumes responsibility for hardware hook-up from building electrical source by a licensed electrician.

16. Limited Liability: CCOF makes no warranties, expressed or implied, as to merchantability or as to the suitability of the merchandise for any particular purpose, except to those made by the manufacturer of the products. CCOF will pass through all manufactures' warranties to Client. CCOF will assist in coordinating the repair or replacement of the product by the manufacturer. If labor warranty has expired and/or if labor is not part of the manufacturer's warranty, CCOF will procure product and/or perform service work at current CCOF rates billable to the Client.

17. Product Waiver: Should an elevation and/or floor plan require modification to new or re-use of previously modified manufacturer product, manufacturer cannot warranty any failure to the modified product and cannot warranty any components installed on modified products. Modifications include but are not limited to: cut-to-fit panels and work surfaces, cutting of wall strips, connectors, and any other product represented by CCOF. CCOF will not be held liable for any property damage and / or personal injury of any kind attributed to product modification(s) or failure to meet wall strip and T-connector installation guidelines based on Gypsum Construction Handbook from the United States Gypsum fort wall construction definition.

18. Limitation of Liability: CCOF shall not be liable for any consequential, incidental, special or exemplary damages arising out of or connected with the sale, delivery, use or performance of the product. In no event shall CCOF's liability (whether in contract, tort or otherwise) for damages arising out of, or relating to a breach of the above express warranty of the sales, delivery, installation, use or performance of the product exceed the purchase price of the product.

19. Force Majeure: CCOF shall not be liable for failure to perform if such failure results directly or indirectly from its inability to obtain materials, parts or supplies at reasonable prices or through usual and regular sources or on a timely basis, as a result of interruption of transportation, government regulation, labor disputes, strikes, riots, insurrection, civil commotion, fire, flood, accident, storm, or act of God, or other abuse beyond CCOF's control.

20. Term: Agreement will remain in effect until termination in writing by either party.

21. Entire Agreement; Controlling Law: This agreement constitutes the entire agreement between the parties. Client is relying solely upon the terms of this agreement, and not upon any oral or written statements, whether of CCOF, its officers, employees or agents, of any manufacturer, or any other person whatsoever on entering into this agreement. This agreement shall be interpreted and enforced under the laws of the State of Ohio.

22. Attorney Fees: In the event of litigation relating to the subject matter of this estimate, the non-prevailing party shall reimburse the prevailing party for all reasonable attorney fees and costs resulting therefrom.