TERMS & CONDITIONS
By submitting payment Buyer hereby agrees to the following Terms and Conditions (Terms & Conditions). These Terms & Conditions can be amended at any time and such Terms & Conditions will be posted at https://fywoodwerks.com/legal. Buyer hereby acknowledges that by submitting payment the Buyer has agreed to visit https://fywoodwerks.com/legal and review the complete Terms & Conditions disclosure and to visit the Terms & Conditions page regularly to be kept current of any amendments.
This Cash on Delivery (C.O.D) Purchase Agreement for custom Furniture, Cabinetry and/or Woodworking (“The Agreement”) is made on this day as shown on the Sales Invoice (hereinafter referred to as the “Invoice”) between Fred Young dba. F.Y. Woodwerks (hereinafter referred to as the “Seller”) and the Person(s) listed on the Invoice, as Customer/Buyer (hereinafter referred to as the “Buyer”).
Purchase Price: Buyer herby agrees to pay Seller a deposit of Thirty-Five percent (35%) of the invoice Total upon the execution of this Agreement for Residential Projects OR Fifty percent (50%) of the invoice Total upon the execution of this Agreement for Commercial Projects; with the remaining Balance Due payable upon completion.
Payment Methods: Accepted forms of payment include; Cash, Check, E-Check, ACH & Major Credit/Debit Cards. A 5% fee is added to all Credit Card transactions, a $3.00 fee is added to all ACH transactions
Completion & Delivery: The Estimated Completion and/or Estimated Delivery date of the Furniture, Cabinets and/or Woodworking is mutually agreed upon and further defined as the “Date Due” shown on the Invoice. The Seller hereby agrees to notify Buyer of project completion, within Three (3) days of completion. Buyer hereby acknowledges that arranging a physical inspection of the completed Furniture, Cabinets and/or Woodworking, prior to packaging and delivery (if Delivery is specifically included in this Agreement) is the responsibility of the Buyer and Buyer further acknowledges that delivery will not be delayed for lack of the Buyer’s inspection. Buyer hereby acknowledges that the Seller is not a licensed contractor and shall specifically not be responsible for attachment of Furniture, Cabinets and/ or Woodworking where the same is required to be performed by a licensed contractor.
Limited Warranty: Seller hereby warrants that the Furniture, Cabinets and/or Woodworking will be manufactured in accordance with Buyer’s specifications, but since the Furniture, Cabinets and/or Woodworking was built in accordance with the Buyer’s specifications, the Seller cannot warrant the Furniture, Cabinets and/or Woodworking for merchantability and/or fitness for a particular purpose, both of which are the Buyer’s responsibility.
Delivery & Installation: Seller agrees to deliver and place items in a location specified by the Buyer within Clark County, Nevada at the Sellers sole cost and expense (ONLY if included in the specific Agreement). Any location outside Clark County, Nevada shall be at the Buyer’s sole cost and expense including reimbursing the Seller for all reasonable travel expenses associated therewith. Seller shall not be responsible for delays caused by unforeseen circumstances and/or circumstances beyond its control. Buyer shall be responsible for providing Seller a clear access to the delivery site as to ensure the Seller is not unreasonably delayed. Buyer will be responsible for making the necessary arrangements to ensure that the Seller will have unobstructed access to the home, office and/or job site where the Furniture, Cabinets and/or Woodworking is to be delivered and/or installed. Buyer agrees that since it is providing the Seller with the design of the Furniture, Cabinets and/or Woodworking, it follows that the Buyer is responsible to make sure the item(s) will fit in their intended final location. Any modifications needed to accommodate the delivery and/or installation will be subject to charges of Time and Materials. Buyer acknowledges that delivery charges will be applied if the original agreed upon scheduled delivery is unable to be completed, for conditions beyond control of the Seller, and must be rescheduled for a different time and/or date. Buyer hereby acknowledges that any damage from delivery/transit must be reported to the Seller in writing at the time of delivery. Buyer hereby understands that damage claims made after delivery and placement of the Furniture, Cabinets and/or Woodworking will be treated as not associated nor caused by the Seller or any actions of the Seller, delivery and/or placement of the Furniture, Cabinets and/or Woodworking and thereby become the responsibility of the Buyer.
Custom Work: Buyer hereby acknowledges that the Seller will be custom building the Furniture, Cabinets and/or Woodworking in accordance with the Buyer’s specifications. As such, Buyer hereby acknowledges that this Agreement shall become binding upon the execution hereof and may not be terminated as the Furniture, Cabinets and/or Woodworking will not be able to be resold to another party. All Sales are Final. Seller retains Functional and Artistic control over the design of the Furniture, Cabinets and/or Woodworking.
Storage Fees: In the event Buyer delays the pickup or delivery of Furniture, Cabinets and/or Woodworking, and/or fails to pay the balance of the Purchase Price when due or after Three (3) days of notification of competition, Buyer hereby agrees to pay reasonable storage fees to Seller until Seller is able to deliver the furniture, cabinets or woodworking. In the event Buyer fails to Pick up the Furniture, Cabinets and/or Woodworking or provide Seller with adequate access in which to deliver the furniture, cabinets or woodworking and/or fails to pay the balance owed to Seller for a period of
Sixty (60) days from 1) Day of initial delivery or 2) Day of completion as specified on the Invoice as “Date Due” or 3)
Written notification of project completion, whichever date is later; Seller shall have the right, but shall not be obligated
to, dispose of the Furniture, Cabinets and/or Woodworking as it deems fit and to hold Buyer responsible for all costs
related thereto, including the disposal fee and the balance of the Purchase Price.
Terms; Late Fees: Final payment is due and payable upon delivery or pickup of the Furniture, Cabinets and/or
Woodworking and considered delinquent any time thereafter. Any delinquent balances shall be immediately subject to a
one time Ten Percent (10%) late fee and shall accrue interest at the rate of 1.5% per month until paid. Buyer hereby
grants to Seller a security interest in the Furniture, Cabinets and/or Woodworking, which security interest shall
automatically terminate once the final payment has been made and Seller confirms that the funds have cleared Seller’s
bank. Buyer further grants to Seller the right to file a UCC-1 Financing Statement, which shall evidence Seller’s security
interest in the Furniture, Cabinets and/or Woodworking and further authorizes Seller to execute and file any and all
documents to perfect said security interest.
Venue; Choice of Law: The validity, performance and construction of this Agreement shall be governed by, and be
interpreted in accordance with the laws of the State of Nevada, The County of Clark, Nevada, shall be the only county
which shall be a proper county with respect to any litigation involving this Agreement. Buyer hereby waives its right to
have any court proceeding or any other litigation filed or tried in any county other than Clark County, Nevada, regardless
of the final destination and/or delivery location of the Furniture, Cabinets and/or Woodworking.
Specific Performance: Buyer hereby acknowledges that the Furniture, Cabinets and/or Woodworking is being
manufactured by the Seller in accordance with the Buyer’s specifications for Buyer’s particular purpose. Since the
Furniture, Cabinets and/or Woodworking is being manufactured for the Buyer’s particular purpose, Seller will not be
able to resell the Furniture, Cabinets and/or Woodworking in order to mitigate damages in the event Buyer does not pay
for the Furniture, Cabinets and/or Woodworking as required herein. With the above in mind, Buyer hereby agrees that
Seller shall be entitled to an order of specific performance to be issued by any court of competent jurisdiction, legally
compelling Buyer to complete the purchase of the Furniture, Cabinets and/or Woodworking.
Indemnification: Buyer hereby agrees to indemnify and otherwise hold Seller harmless from any and all claims relating
to the manufacturing of the Furniture, Cabinets and/or Woodworking in accordance with the Buyer’s specifications,
including but not limited to any claims for patent, trademark and/or copyright infringement.
Invalidity; Severability: If any term, provision, covenant or condition of this Agreement, or any application thereof,
should be held by a court of competent jurisdiction to be invalid, void or unenforceable, or contravene or be invalid
under the laws of the United States, State of Nevada, City of Las Vegas, or County of Clark, Nevada, such contravention,
void, unenforceability or invalidity shall not invalidate the entire Agreement, and this Agreement shall be construed as if
not containing the particular provision or provisions held to be invalid, and the rights and obligations of Seller and Buyer
shall be construed and enforced accordingly.
Non-Waiver: The waiver or failure of any party to enforce at any time any of the provisions hereof shall not be construed
to be a waiver of the right of such party thereafter to enforce any such provision.
Attorney’s Fees: If any legal action, including an action declaratory relief, is brought to enforce the provisions of this
Agreement, the prevailing party shall be entitled to recover reasonable attorney’s fees in addition to any other relief to
which the prevailing party may be entitled to.
Force Majeure: The obligations of the parties hereto are subject to delays and failure of performance due to Acts of
Terrorism, Acts of Nature, strikes and other labor disputes or troubles, unavailability of power or other utility or
commodity, civil disturbance, riot, war, armed combat (whether or not there has been an official declaration of war),
enactment of any law, issuance of any judicial decree, announcement by any public official of a state of emergency,
including an action by the state in which this Agreement is to be performed or any other occurrence beyond the parties
control in the nature of force majeure which interrupts, materially hampers or interferes with any performance of the
Entire Agreement/Modification: This Agreement, constitutes a final written expression of all the Agreements between
the parties, and is the complete and exclusive statement of those terms. It supersedes all understandings and
negotiations concerning the matters specified herein. No change or modification of this Agreement shall be valid unless
the same is in writing and signed by all parties hereto and/or is acknowledged and agreed upon thru email delivery.
Notices & Notifications: Any notice, consent, approval, request, demand or other communication required or permitted
hereunder must be in writing to be effective and shall be deemed delivered and received when: (a) Personally delivered
or if delivered by facsimile, when electronic confirmation is actually received from the party to whom notice was sent, or
(b) If delivered by mail whether actually received or not, at the close of business on the third (3rd) business day following
a day when placed in the United States Mail, postage paid, certified or registered mail, return receipt requested, at the
address set forth (or to such other address as any party shall specify by written notice so given), or (c) Electronically sent
via email to the Buyer’s email address set forth and represented as controlled solely by the Buyer where communication
to and from shall be interpreted as binding and from the Buyer, will be deemed to have been delivered as of the date so
personally delivered, U.S. Mailed or electronically sent via email. It is the Buyer’s responsibility to assure any and/or all
of the Buyer’s email filters allow electronic communication to and from Fred Young and the fywoodwerks.com domain.
Unless specified in writing by either party, the preferred method of communication will be electronically via email.
Binding Effect: This Agreement shall be binding upon the heirs, executors, administrators, assigns and any successors in
interest of both Seller and Buyer.
Captions/Constructions: The captions contained herein are not a part of this Agreement. They are only for the
convenience of the parties and do not in any way modify, amplify or give full notice of any terms, covenants or
conditions of the Agreement. For purpose of this Agreement, the language of the contract shall be deemed to be the
language of both parties and neither party shall be construed as the drafter. Facsimile signatures hereon shall be
deemed original for all purposes.
Natural Movement of Wood: Buyer hereby acknowledges that movement is a natural and ongoing occurrence in wood
and although prudent wood selection and design allows for anticipated movement, some movement to include but not
limited to, splitting, cupping, twisting, swelling and/or shrinking can occur regardless of what preventative measures are
taken. With this in mind, Buyer agrees that the Seller offers no warranties for the movement of wood, its effects on the
finished product and/or consequences or damages caused thereby.
Third Party Warranties: In completing the finished product purchased by the Buyer hereunder, Seller may purchase
products in the assembly of the products, from third party manufacturers. Buyer hereby agrees that while the Seller will
pass on any (third party) warranty to Buyer for items purchased from third party manufactures, Seller cannot warranty
Change Work Orders (CWO): Change Work Orders must be in writing and signed by the original Buyer. All CWO’s must
be confirmed in writing by the Seller. CWO verbal requests will not be honored. Buyer hereby understands that once the
Furniture, Cabinets and/or Woodworking design has been finalized, CWO’s may be subject to additional time and
material charges, modified amendments, conditions, terms and/or caveats; to include but not limited to modified
timelines, charges that may arise from modifying work already performed, redesigning the complete or a portion of the
project, obtaining additional materials and destruction and/or disposal of existing work. Any CWO charges are
immediately subject to submission of the twenty-five percent (25%) deposit of any increase in charges. Credits will be
applied to the client account and Balance Due. CWO requests must be submitted and accepted with all approvals and
charges accounted for and completed within five (5) calendar days of written notification or the CWO will not be acted
upon by the Seller and Seller will interpret the CWO as abandon and discarded
Estimates & Quotes: Buyer hereby acknowledges that any and all estimates and/or quotes must be in writing and
provided by the Seller to be effective and will remain effective for a period of Seven (7) calendar days from the date
shown on the estimate and/or quote and are subject to market conditions.
Returned Check Fee: Buyer hereby acknowledges that there will be a Twenty-Five dollar ($25) fee charged for checks
returned for any reason.
All Sales are Final.
March 2, 2020
Added $3.00 Charge for ACH. Revised Credit Card Charge to 5%. Removed Delivery Delay responsibility on Buyer beyond the Sellers control. Readability improvements.
July 1, 2020
Added: 50% Deposit for Commercial Projects
Revised: 35% Deposit for Residential Projects