Terms and Conditions
The following terms and conditions apply to all Purchase Orders and Work Orders you place with Karn Custom Woodwork (“Karn”) for all custom made Karn products (“Products”) and associated installation services (“Services”), unless otherwise agreed to in writing.
Custom Orders, Specifications, and Contract Documents
You understand and agree that the Karn Products you purchase are made to order items that are created in our mill facility (“Custom Orders”) per your specifications received from you, your architect or contractor (“Contract Documents”). Karn shall not be responsible for any errors in Contract Documents, and you agree not to bring any claims against Karn based upon such errors.
Your acceptance of a Purchase Order (for Product sales only) or Work Order (for Products and Services) verifies that you have checked and agree with all specifications set forth in Contract Documents and all other pertinent details and that you consider the Contract Documents correct and complete.
You understand and agree that Custom Orders take time to create, and are typically completed between 6 and 12 weeks after your Custom Order is placed. Once your Custom Order is placed we do not allow alterations to sizing or material, nor do we permit any refund after Karn begins creating your Custom Order. You understand and agree that the price set forth in the Purchase Order or Work Order shall be due and payable once Karn begins creating your Custom Order.
Prices and Payment
Karn is responsible for supplying only the Products and Services set forth in a Purchase Order or Work Order.
Prices quoted for Products and Services are set forth in the Karn Estimate subject to revision if an Estimate is accepted more than 30 days form the quote date.
Delivery of all materials must be accepted within 90 days of the date of the Estimate unless other arrangements are made at the time the Custom Order is placed.
All alterations or changes to an Estimate must be submitted in writing and approved prior to Karn beginning production of your Custom Order. Any change requested to your Custom Order after Karn begins production will be subject to extra costs above the Estimate, including full payment for all time and materials incurred as a result from any requested change order. Most Karn Products are custom and cannot be returned after production has started, except with Karn’s express written agreement. Any Products accepted for return must be in good condition are subject to return and restocking fees.
Limited Warranty for Products
Karn warrants that upon delivery Products will be of good material and workmanship and to be free of material defects which would cause the Products to be unfit for ordinary recommended use for a period of 1 year from the date of shipment, and subject to proper installation, normal maintenance, wear and tear. Any warranty claim must be received in writing within 1 year from the date of shipment.
If the Products are not in acceptable condition upon delivery, and before installation begins, Karn shall repair or replace the Products at its sole cost and expense but only to the extent that the Products are not of good material or workmanship and not for errors in specifications, installation, or Construction Documents.
You shall immediately notify Karn of any Products that do not comply with any Contract Documents, and Karn shall repair or replace any such non-conforming Products. Should you accept the Products after inspection, then the Products shall be deemed to be conforming to the Contract Documents and sufficient for installation in your project.
If the repair or replacement is necessary due to errors in specifications, installation, or your abuse, misuse or neglect of the Products, you will be responsible for the cost of all such repair or replacement.
Products will be repaired or replaced in the stage as originally supplied. Additional finishing or installation is not included. Karn will not pay any cost to remove defective Products or to install new Products from your premises. Final warranty inspection will be made by Karn at the jobsite.
You shall not return any Products until Karn has been provided reasonable opportunity to inspect the Products at your premises to determine whether a defect exists. Karn will not be liable for any Products repaired, returned, or replaced without prior Karn’s written consent. If Karn determines a warranty claim to be invalid, neither repair nor replacement will be issued.
EXCEPT AS SET FORTH HEREIN KARN DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE PRODUCTS INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR OF FITNESS FOR A PARTICULAR PURPOSE.
Limited Warranty for Services
Karn, via its Preferred Vendor Program, warrants that the Services performed pursuant to a Work Order will comply with the plans, specifications, drawings and descriptions furnished or specified in the Work Order and Contract Documents; and that the Services will be of good material and workmanship and free from defects. This warranty shall survive acceptance of any Work by Owner or Karn. Karn’s warranty shall extend for the same period and to the same coverage extent under the Contract Documents, regardless of when Karn’s Work was performed by Karn or any of its Preferred Vendors, but such warranty shall not be less than one (1) year from the date of substantial completion, as a whole, to which Karn’s Services relates.
Karn has no responsibility for any damages or loss due to improper or incorrect installation of Products that are not performed by a Karn Preferred Vendor. Karn has no responsibility for any service warranties for installers, contractors or vendors not enrolled in the Karn Preferred Vendor Program. Such warranties, if any, are between you and those vendors, and not for Karn’s account.
EXCEPT AS SET FORTH HEREIN KARN DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE SERVICES INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR OF FITNESS FOR A PARTICULAR PURPOSE.
Risk of Loss
Karn shall bear the risk of loss for any Products from the beginning of production to the time of delivery, unless otherwise agree to in writing. You shall bear the risk of loss for any Products in your care, custody or control. Karn has no responsibility for any damages or loss caused by others or by any cause beyond the control of Karn. On all knotty species Karn will fill knots with voids. Knots should be expected and the location, quantity and size of knots is unpredictable. You understand and agree that variations in the color, texture, and density of all wood species are to be expected and are acceptable.
Choice of Law and Forum; Mediation
All Purchase Orders and Work Orders shall be governed and interpreted under the law of the Commonwealth of Virginia, and the venue for any action brought under Purchase Orders and Work Orders shall be Richmond County, Virginia. You agree to engage in voluntary mediation in Richmond, VA of any dispute arising from a Purchase Order or Work Order prior to initiating formal legal proceedings, and will share the costs of such mediation with Karn. No legal or equitable rights of any party shall be limited by this provision.