DATE:

CLIENT:

CLIENT’S PHONE:

PROJECT:



Purchaser agrees to pay $500 for design of above project:



For the fee set forth, Ernida LLC will verify site measurements, investigate various design approaches, and create a design and layout for the purchaser based upon their desires and needs within the available space. The design will include one set of complete, detailed layout and specifications for this project. It is understood that the original drawings will remain the property of Ernida LLC. This retainer shall be applied in full to the contract amount upon the execution of the “Purchase Agreement”.


Purchaser’s acceptance of the “Retainer Agreement” in no way binds either party to the execution of the resulting project proposal. It is understood that if the buyer is unable or unwilling to proceed with the resulting drawings and specifications, the retainer will be forfeited.



Accepted_______________________________Date___________________
Purchaser or Agent

______________________________________________________________

PURCHASE AGREEMENT

Date:

Client Name: Project Location:

Tel: Tel:

Sales Agent: Gene Sokol

Style: Finish: Plinth: Handle:

The purchaser agrees to purchase in accordance with the schedule of payment stated below:

Cabinetry ........................................................................................................$
Retainer .........................................................................................................$
Freight ............................................................................................................$
Upon signing of agreement ............................................................................$
Sales Tax ........................................................................................................$
Additional deposit ..........................................................................................$
Other (specify below): Upon completion .......................................................$
TOTAL CONTRACT.....................................................................................$


* The remaining balance is due upon delivery in the form of Certified Bank Check or Money Order.
This contract includes terms and conditions as set forth herein, including the attached hereof.

NOTICE TO PURCHASER

Do not sign this contract in blank! You are entitled to a copy of the contract at the time you sign it. Keep it to protect your legal rights. We, the aforesaid purchasers, certify that immediately after the signing of the aforesaid agreement, a completely executed copy was furnished to us. You, the purchaser, may cancel this transaction at any time prior to midnight of the third business day after the date of this transaction.


This agreement becomes binding upon endorsement and deposit of the down.

In witness whereof, the parties have hereunto set their signatures.

Accepted___________________________Date_______________________

Accepted___________________________Date_______________________

______________________________________________________________

TERMS AND CONDITIONS

1. No warranties or modifications of contract shall be binding on either party unless in writing and signed by the party to be charged.

2. All documents accompanying this job are invalid unless signed by the purchaser and seller. There shall be no exceptions.

3. Seller may prepare revised detailed plans and/or specifications for the above work. In order to avoid the necessity for preparing a new contract, the revised plans and specifications when initialed by purchaser and dated, shall completely supersede the prior plans and specifications.

4. This agreement involves special design and custom built articles and is not subject to cancellation by purchaser for any reason.

5. If any provision of this agreement is declared invalid by any tribunal, the remaining provisions of this agreement shall not be affected thereby.

6. This agreement sets forth the entire transaction between the parties. Any and all prior agreements, warranties or representations made by either party are superseded by this agreement. All changes in this agreement shall be made by a separate document and executed with the same formalities. No agent of the seller, unless authorized by the seller, has any authority to waive, alter or enlarge this contract, or to make any new or substituted or different contracts, representations or warranties.

7. It is specifically understood and agreed that title, right of possession to, and ownership of all goods and merchandise furnished under this contract, shall remain the property of the seller, its assigns or successor, until all payments required to be made hereunder by the purchaser shall have been paid in full.

8. All surplus and unused materials shall remain the property of the seller, and it shall have the right to enter into and upon the premises to remove the same within a reasonable period of time after completion of said job.

9. If specifications call for re-use of existing equipment, no responsibility on the part of the seller for appearance, functioning or service shall be implied.

10. It is expressly understood by both the purchaser and the seller that the seller shall not be responsible for situations created by uneven floors or levels, or walls out of square or plumb, or for variations of size, design or shape of existing, or new appliances or by any other situation not covered by this agreement.

11. The seller shall not be responsible for damage, delays or inability to complete contract resulting from acts of God, strikes, fires, accidents, storms, defaults or carries inability to obtain materials or other causes beyond its control.

12. The seller is not responsible for any violations of building, electric, plumbing, zoning or other municipal or government codes, ordinances or regulations that may presently exist in the building. Corrections of such violations, should they exist, are not included in the contract price and shall be the responsibility of the purchaser unless specifically provided herein.

13. This contract does not include any work, material or labor in connection with kitchen installation or any excavation, site work, plumbing, electrical, masonry, flooring, floor covering, painting or decorating work, unless specifically provided herein.

14. Installation requires experienced, competent tradesmen. The seller is not responsible for inferior or incorrect installation performed by others.

15. Appliance warranties shall be limited only to the manufacturer's specifications for quality, design, dimensions, function and installation and purchaser's sole remedy and recourse is limited to claims only against the manufacturer.

16. Materials will be warranted against defects for a period of one (1) year after date of delivery, normal wear and tear expected. This warranty shall only apply to actual materials supplied as required by this contract. This warranty shall not cover any contents of the building, nor any painting and decorating.

17. All measurements, sizes and dimensions as set forth in this contract are approximate.

18. Wood is one of nature's most valuable gifts and it is understood that if the wood products of any kind are required to be used on the job including cabinets and paneling, the seller shall not be responsible for varied and different grains, designs, characteristics, color tones and patterns.

19. Any claim pertaining to the quality of the merchandise or any complaints as to defects must be made in writing to the seller within ten (10) days after delivery. The seller liability is limited to repairing or replacing within a reasonable time any merchandise not complying with this contract. It is agreed that if purchaser installs any merchandise, or if purchaser or agent or contractor performs any work or labor and should any repair or replacement be required, purchaser agrees to remove and replaces without cost to seller all fixtures attached to the surface to be repaired and to put the premises in such condition that seller may replace defective material or make necessary repairs without delay.

20. Risk of loss or theft or damage from time of delivery is assumed by the purchaser.

21. The purchaser is obligated and responsible to apply for, obtain and pay for all necessary building permits as well as all local, municipal and/or state approvals, unless otherwise specified in this contract.

22. There shall be a $200.00 re-delivery charge plus storage charge of $75.00 per day for refusal of delivery of materials on the dates as set forth upon 48-hour notification by seller.

23. Purchaser shall pay all monies when due in accordance with this contract. Failure to pay will constitute a breach by purchaser.

24. The seller retains the right upon breach of the agreement by the purchaser to sell those items in the seller's possession.

25. Buyer acknowledges and agrees that the attached shop drawings, revised and signed and approved by the buyer are binding and that the shown dimensions and cabinet selections are final. The buyer understands that the products described are specially designed and custom built and that the seller takes immediate steps upon execution of this agreement to order and construct those items set forth herein, therefore no changes can be accepted once production has begun and this agreement is not subject to cancellation by buyer for any reason after three (3) working days of signing this agreement