TAXES: Prices do not include any applicable sales, use, excise, or any other tax. Any applicable taxes will be added to prices at the time of invoicing and the buyer agrees to pay the same. Buyers exempt from taxes will furnish Certificates of Exemption at the time of execution of this agreement.

FREIGHT: The buyer agrees to make all necessary arrangements for and accept all charges and responsibility for freight unless other arrangements are made prior to acceptance or order.

CANCELLATION AND CHANGES: In the event that this proposal is accepted (confirmed) by the buyer and becomes an order, it is understood and agreed that it cannot be canceled except by mutual consent. The seller’s order confirmation is final and binding and any subsequent changes are subject to the seller’s ability to conform. Changes in quantity or specifications are subject to approval by the seller. Resulting in additional charges shall be paid by the buyer. All requests for changes in quantity or specification shall be delivered to the seller in writing. Buyer requests to return the product shall be subject to a restocking charge.

DELIVERY AND INSTALLATION: In the event that delivery and/or installation is required as a part of this proposal, the following provisions shall apply:

1. Condition of Job Site – The job site shall be clean, clear, and free of debris prior to installation.
2. Job Site Services – Electric current, heat, hoisting, and/or elevator service will be furnished without charge to the seller. Adequate facilities for off-loading, staging, moving, and handling of merchandise shall be provided.
3. Special Packaging or Handling – If special packaging or handling is required that is not contained in the specifications it will be subject to an extra charge to the buyer and the buyer agrees to pay for the same.
4. Delivery During Normal Business Hours – Delivery and installation, will be made during normal working hours ( 8 am to 5 pm Monday through Friday). The buyer will pay additional labor costs resulting from overtime work performed at the buyer’s or building management’s request.
5. Storage Space – Provided the merchandise does not arrive at the site earlier than the date requested, the buyer will provide safe and adequate storage space. If the space provided is inadequate and requires excessive sorting or storage cost, such excess costs will be reimbursed by the buyer. If the space provided is inconveniently located or on another floor, the buyer will reimburse the extra cost of transporting to and from storage. If the merchandise must be moved due to the progress of other trades or other reasons, the extra cost of moving will be reimbursed by the buyer.
6. Erection and Assembly – Seller’s ability to erect or assemble furniture knocked down or to permanently attach, affix, or bolt in place movable furniture is dependent on jurisdictional agreements. If trade regulations enforced at the time of installation require the use of a tradesman at the site other than the seller’s own installation personnel, resulting additional costs will be paid by the buyer.
7. Damage – After arrival at the site, any loss, or damage by weather, other trades such as painting or plastering, fire, or other elements, shall be the responsibility of the buyer, and the buyer agrees to hold the seller harmless from loss of such reasons.
8. Insurance – Public Liability, Workmen’s Compensation, Property Damage, Automotive, and Occupational Disease Insurance are carried by the seller and certificates will be delivered upon request. Fire, Tornado, Flood, and other insurance at the site will be provided and paid for by the buyer.

CLAIMS: Claims for transportation damage will be prosecuted by the buyer.

DELAYS: In the event that construction delays or other causes not within the seller’s control, force postponement of the installation, the furnishings will be stored until installation can be resumed and will be considered accepted by the buyer for purpose of payment. In a certain event, the buyer shall reserve the right to withhold 10% of the invoice amount of such shipments against the completion of the contract. Transfer and storage charges incurred shall be paid by the buyer.

PAYMENT: Acceptance of delivery constitutes acceptance of the merchandise as delivered. Normal terms of payment are 100% down upon the time of order unless other arrangements are made previous to the time of order. No payment shall be withheld on any invoice because of partial delivery of the entire order.

The buyer agrees to pay a finance charge of 1 ½% per month at the annual percentage rate of 18% on all delinquent invoices as well as expenses, attorney fees, and court costs which seller incurs by reason of the buyer’s default on any of the terms and conditions contained herein. Buyer shall be responsible for insurance, at all times for the product at the job site.

PURCHASE ORDERS: An authorized Purchase Order or signed Quotation shall be required on each order.

TITLE: If requested, the buyer agrees to grant to Cube Solutions, a security interest as defined under the Uniform Commercial Code in the merchandise (collateral) and in all accession to and proceeds of the merchandise (collateral). The buyer agrees to execute any and all necessary documents for the purpose of perfecting the security interest in the merchandise (collateral) described in the Quotation. Any security interest in the merchandise (collateral) shall cease upon payment in full for the merchandise.

NO OTHER AGREEMENTS: There are no other agreements expressed or implied other than those specified herein. The terms and conditions set forth herein and in the above–mentioned documents may not be varied except upon the written approval of both buyer and seller.