– Every proposal and every invoice issued by A-American Contractors & Suppliers, Inc. (“Seller”), once signed by Seller and the customer listed on the proposal and/or invoice (“Customer” or “you”), constitutes a binding contract of purchase and sale between Seller and Customer, in accordance with the terms listed in the proposal and/or the applicable invoice and those contained herein (the “Contract”).
– Any additional or different terms or conditions in any form delivered by Customer are hereby deemed to be material alterations and notice of objection to and rejection of such additional or different terms or conditions is hereby given.
– By accepting delivery of the products and/or by engaging Seller to provide products and/or perform or procure services, Customer agrees to be bound by and accepts these Terms and Conditions unless Customer and Seller have signed an additional agreement amending these Terms and Conditions, in which case such amended terms and conditions shall control to the extent inconsistent with these Terms and Conditions.
– Customer represents and warrants Customer is the owner of the premises on which the work is to be performed or is authorized to act on behalf of the owner to enter into this Contract.
Contract and Payment
– For Contracts which total $1,500.00 or less, full payment is due and payable when the order is placed.
– For Contracts which exceed a total of $1,500.00, a 75% deposit is due and payable when the order is placed. The remaining 25% plus the total amount of change orders accrued during the course of the project, is due and payable in full the day of substantial completion of the Contract.
– Contracts for materials which are considered “special order” must be paid in full prior to the time the order is placed. Such orders are NON-REFUNDABLE and
– This Contract includes one trip for template/measurement and one trip for installation, unless otherwise specified.
– The initial Contract amount and specifications are based on estimates and are subject to change after field visit and template/measurement by Seller.
– Removal and/or connection of plumbing, gas or electrical components or systems is not included in this Contract. Customer is hereby advised to contract such services with others, separately and in advance of any installation work under this Contract.
– Removal of mirrors, caulking, wall repair, etc. is not included in this Contract.
– The Customer agrees to pay Seller $50.00 for each returned check and/or in the event that a credit card or debit card approval is rejected or canceled. If the invoice is not paid when due, interest will accrue from the date of invoice at the rate of 1.5% per month, or the maximum rate allowed by law. Customer agrees to pay all reasonable attorneys’ fee and costs incurred by the Seller in enforcing and/or defending Seller’s rights.
– If a third party will pay any part of this invoice on your behalf, you must provide a copy of the invoice and the Terms and Conditions to such third party prior to making the payment. No planned or actual payment by a third party waives, limits or otherwise affects your obligations with respect to this Contract, including, without limitation, to ensure payment of this invoice in full. NOTICE to third party payors: “If you are a third party making payment of this order, by making payment you agree (i) to be bound by Seller’s Terms and Conditions as they relate to payments and payment obligations under this Contract, (ii) as a third party payor, Seller has no obligations to you and you have no rights or remedies under Seller’s Terms and Conditions, and (iii) you shall not cancel or dispute with your financial institution any payment or charges that correspond with this invoice.”
– IT IS CUSTOMER’S RESPONSIBILITY TO REMOVE OR SECURE ALL PERSONAL PROPERTY PRIOR TO SELLER BEGINNING ANY WORK. SELLER IS NOT RESPONSIBLE FOR AND CUSTOMER HEREBY INDEMNIFIES AND HOLDS SELLER HARMLESS WITH RESPECT TO DAMAGE TO THE PREMISES AND DAMAGE TO AND/OR THEFT OF ANY PERSONAL PROPERTY EXCEPT TO THE EXTENT CAUSED BY SELLER’S GROSSLY NEGLIGENT OR INTENTIONAL ACTS OR OMISSIONS. Customer shall accept full responsibility for the protection of children and pets. Customer shall secure and pay for all necessary permits, approvals, easements and assessments required for the work. Customer shall provide Seller with unrestricted site access, access to and use of utilities and areas for temporary storage and staging of materials and equipment.
– Any notice shall be deemed as having been validly served if sent by certified mail, return receipt requested, to Customer or to Seller at their respective addresses set forth on the proposal. This Contract: (i) is for the benefit of Customer only and is not assignable or transferable without the prior written consent of Seller; (ii) shall be governed by the laws of the State of Illinois; (iii) constitutes the entire agreement of the parties and cancels and supersedes all prior negotiations, representations, understandings or agreements, whether written or oral, with respect to the subject matter hereof; (iv) and any amendment or supplement hereto or any waiver granted in connection herewith may be executed in any number of counterparts and by the different parties on separate counterparts and each such counterpart shall be deemed to be an original, but all such counterparts shall together constitute one and the same agreement. In the event any provision hereof shall be deemed invalid or void, in whole or in part, under any applicable law, the remaining provisions hereof shall not be affected thereby and shall continue in full force and effect. Fax signatures and signatures transmitted by electronic mail shall be deemed as legally effective as a signed original. Any and all claims arising under or out of or in connection with or relating to this Contract shall be decided according to such laws and exclusively by the courts of the State of Illinois. Any action, suit or proceeding seeking to enforce any provision of, or based on any right arising out of, this Contract shall be brought against either of the parties in the courts of the State of Illinois, County of Cook, or in the United States District Court for the Eastern District of Illinois, and each of the parties irrevocably consents to the jurisdiction of such courts in any such action, suit or proceeding and irrevocably waives any objection to venue laid therein. In the event of litigation, the prevailing party shall be entitled to collect reasonable attorneys’ fees and court costs.
– Ensure all cabinets are plumb, level, square and secured to the walls and/or floor. If new cabinets are part of your remodel, all cabinets must be installed and secured before new countertops can be measured and installed.
– Farm/Apron sinks must be installed plumb, level, square and properly secured prior to template/measurement.
– Cabinets which rest on top of the countertops, must only be installed after the new countertops are installed.
– Sinks, cooktops, faucets and any other items which will be mounted unto the countertop must be on site at the time of template/measurement.
– Remove all items placed on the existing countertops and/or cabinets prior to template/measurement.
– For condominium units and apartment buildings: Association/building management must be informed about the installation date as this may require reserving the elevator ahead of time.
– For condominium units and apartment buildings: notify Seller as soon as possible if your Association/building management
requires a Certificate of Insurance.
– An adult over the age of 18, preferably the Customer, must be present at the site of the project for the template/measurement appointment. Decisions and approvals regarding this Contract will be made by the individual that is present. By allowing a different party instead of the Customer to be present on the scheduled day of template/measurement, the Customer hereby authorizes such party to make and communicate decisions and approvals of project details to the person taking the template/measurement. The Customer assumes full responsibility for any details and decisions so supplied during the template/measurement appointment.
– Keep children and pets away from the area during template/measurement appointments.
– No changes/adjustments to the cabinets or overall lay-out can be made after template/measurement is completed. Seller is not liable for any changes to the countertops as a result of changes after the template/measurement appointment.
– Fabrication drawings, lay-out mapping and other specifications will only be supplied to the Customer for approval at the request of the Customer.
– If a template/measurement cannot be performed due to failure to meet the requirements mentioned above or a re- template/measurement appointment needs to be performed due to a change in lay-out after the initial template/measurement appointment, a fee of $150.00 will be charged to the Customer for each additional template/measurement appointment.
– An adult over the age of 18, preferably the Customer, must be present at the site of the project on the day of installation. Keep children and pets away from the construction area during installation. Decisions and approvals regarding this Contract will be made by the individual that is present. By allowing a different party instead of the Customer to be present on the scheduled day of installation, the Customer hereby authorizes such party to make and communicate decisions and approvals of project details to the installation crew. The Customer assumes full responsibility for any details and decisions so supplied during the installation appointment and accepts approvals of completed work by such person as if they were made by Customer.
– If needed, brackets for overhangs or extra support must be installed by Customer prior to the installation of countertops.
– If removal and disposal of existing countertops is to be done by Customer, this must be done prior to the scheduled installation work under this Contract with Seller.
– Disconnecting of existing plumbing and/or cooktops (electrical or gas) must be done by the Customer prior to any removal of existing countertops under this Contract. Seller DOES NOT disconnect or reconnect any plumbing, appliances, or electrical receptacles. Failure of the Customer to do such disconnections prior to the installation date, will result in the re- scheduling of the installation appointment and a corresponding $150.00 fee charged to Customer.
– Appliances must be moved by Customer out of the work area prior to installation of new countertops if they interfere with installation.
– Customer must remove all items from the top and interior of cabinets prior to installation. Any personal belongings which may become damaged during the installation work must be removed prior to installation.
– Any existing mirrors which border countertops on adjacent walls must either be secured or removed completely by Customer prior to installation.
– Customer must clear a pathway for easy access to the area where the installation work will be performed, and it is recommended that the floors be covered and protected with resin paper and ram board during the duration of installation.
– For safety reasons, installers WILL NOT REMOVE SHOES when working with and carrying stone.
– While we take all reasonable precautions, walls and/or surrounding tiles may be scratched or scribed during the removal/disposal of existing countertops and/or during the installation process. Touch-ups and repairs are the Customer’s responsibility.
– Final wall or cabinet preparation (i.e., painting, wallpaper) is to be done only after final countertop installation.
– Caulking between stone and walls is not included and is the Customer’s responsibility.
– Any requests to reschedule installation appointments must be made more than 24 hours in advance. Rescheduling requests received less than 24 hours prior to installation will be subject to an applicable $150.000 rescheduling fee.
– Per manufacturer specifications, some stone material requires minimal gapping where the stone meets the wall or panel as well as a minimal radius for interior corners. This applies to countertops as well as vertical applications of stone or cladding.
– No cancellations or refunds after Contract is signed and stone is cut. Orders that use material which is considered “special order” are NON-REFUNDABLE and NON- CANCELABLE. If the Customer cancels an order which is not considered “special order” before the stone is cut, Customer will be responsible for measurement fees, re-stocking fees and transaction fees, as applicable. Any applicable fees charged to Customer upon cancellation, will reduce any potential refunds of deposits made by Customer.
– Natural Stone is a product of nature. As such, it sometimes contains fissures, inconsistencies and variations in color and pattern within a given slab and from slab to slab. Seller has no control over the existence of these irregularities and consequently assumes no liability for any fissures or inconsistencies and variations in color and pattern found in the finished product originating from the raw material.
– Seller will not be held liable for any side effects such as: cracks, scratches, chips or broken parts of the countertop already installed or repaired.
– Installing new countertops is a construction process and some noise and dust is to be expected.
– It is the Customer’s responsibility to ensure that the sink/cooktop size is appropriate with the corresponding base cabinet. Any cabinet adjustments from failure to ensure this is the Customer’s responsibility.
– Seller will attach the sink and drill faucet/accessory holes as part of the installation process. It is recommended that the Customer wait at least 24 hours before having a plumber perform the proper connections.
– It is the Customer’s responsibility to properly maintain the newly installed countertops and follow the care and maintenance requirements particular to
each countertop material and/or brand.
– Literature regarding care and maintenance of the countertops can be supplied by Seller’s staff at the request of the Customer.
– Any return installation trips caused by a failure to meet the above conditions will result in a $150.00 fee per trip to Customer.
– Carpet: After the installation or repair of carpet is done, the Customer should care for the new carpet by reducing soil accumulation (use doormats at all entrances to keep outside dirt from being tracked onto the carpet, relocate furniture periodically to allow for even distribution of traffic and wear on carpet). Also, regular vacuuming, removing spills immediately, and periodic professional cleaning will keep the carpet looking beautiful and are required to validate Texture Retention warranties.
– Seller does not accept responsibility for delay in deliveries and installation due to fire, flood, strikes accidents, delay of carries, and any other conditions or contingencies beyond its control.
– Seller warrants the work to be free from material defects for a period of one (1) year after completion. Seller’s obligation and Customer’s sole and exclusive remedy under this warranty shall be limited to the repair or replacement of any work to be found, upon inspection by Seller, to be defective, and shall in no event exceed the price set forth in the proposal and subsequent change orders if any. Such warranty is valid only if complete payment is made to Seller. Such warranty excludes damage resulting from normal wear and tear, abuse, settling or structural movement, design changes or the inaccuracy of construction plans. ALL OTHER WARRANTIES, EXPRESS, IMPLIED OR ORAL, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANSHIP AND HABITABILITY, ARE EXCLUDED. Any claims for damages must be brought to the attention of the other party in writing within thirty (30) days of the event giving rise to the claim and any legal action must be commenced within one (1) year after the cause of action arises unless prohibited by law. Except as set forth herein, in no event shall Seller be liable to Customer for any direct, indirect, special, incidental or consequential damages or for any loss of profits, even if Seller has been made aware of the possibility of any such loss and/or damages, whether such claim is based on contract, tort (including negligence), any theory of strict liability or regulatory action.
– Seller does not issue any warranty or guaranties for materials used in any project. Select materials carry warranties issued by the manufacturer of the materials. Customers should familiarize themselves with applicable manufacturer warranty terms and conditions.