Terms - Outdoor Kitchen Guy

These terms of sale are applicable to: Signature Kitchens, Outdoor Kitchen Guy, Master Chef Appliance Center, Signature Appliances and Signature Closets, here to referred to as “COMPANY”.

All Sales Are Final. Due to the custom nature of our work, all sales are final. We design and build bespoke outdoor kitchens that require significant capital outlay on our part, well beyond the amount of your deposit. If you need to cancel your project for any reason any monies paid are non-refundable and further you may be liable for additional monies due for products that are beyond our ability to cancel them without financial impact.
Project Scope & Renderings. The project scope is clearly defined in writing, the elements of the project are detailed out and they’re also visually depicted via the renderings as a part of this agreement. The client has seen and approved of samples for all elements of the project. Only the elements specifically called out in this agreement are a part of the scope of this agreement. The only changes to this agreement will be in the form of a written and signed change order. All renderings, sketches, or visual concepts we provide are illustrative only and do not depict final measurements, exact colors, or design details. The completed outdoor kitchen may differ from these images due to factors such as site constraints or material availability. Any required modifications for code compliance or safety may further alter the final appearance. By signing this agreement, you acknowledge these possible variations and release us from liability for any differences from concept images. Further site conditions may require the modification of the outdoor kitchen to facilitate the installation. Clients understand that these modifications are normal and part of the installation process.
Possession & Ownership. The terms of our agreement are FOB Destination. The buyer should carefully inspect each box, cabinet or element being delivered. The buyer should open all boxes, even boxes that appear to have no damage. If the buyer believes there to be damage then the buyer should reject some or all of the shipment and notify COMPANY immediately. Our manufacturers have very strict policies on damage and returns and we in turn are forced into having similarly strict policies. PLEASE INSPECT EVERYTHING. Stainless steel dents easily in transit and accidents happen, however it can be EXTREMELY difficult, near impossible, to prove who, how or when something was damaged. The buyer certifies and agrees that the buyer will inspect everything received to make sure there is no damage. Any concealed damage must reported to the project coordination team with in 48 hours of receipt of the product.
Change Orders & Returns. Changes to this agreement are to be made with an official COMPANY change order form. Phone calls, voicemails, emails are not suitable methods for changes. Changes may be requested via those channels, however no change is approved or effective unless signed by both parties on a COMPANY Change Order Form. Additional monies are due prior to the change being applied. The change order will not be deemed effective until paid. All change orders will have all related costs in addition to the requested change. Changes may delay your project. You may pay twice for something! We will attempt to accommodate any and all changes, however once we place orders for custom products changes often can not be made with out additional cost. If, as a result of the change order, a product needs to be returned a restocking fee in addition to any freight that is required to return the item will be charged.
Demo. From time to time we are called on to demolish an existing area. Our standard practice is to be as careful as possible, however it is to be expected that ancillary damage may occur and that COMPANY is not liable should something be damaged. The client fully understands this provision and has the option to have a 3^rd party perform the demo. Additionally after demo, there may be areas that are newly unfinished (i.e. walls, floors, etc) that require touch up. Any touch up, repainting and refinishing is outside the scope of the project and is work to be done by others. Demo only includes removal and disposal of an existing structure.
Gas Connections. A certified gas plumber is required to make the final connections for any hard piped gas source. These costs are not included in our proposal.
Backorders. It is understood that we provide updates and information based on the best available information from our suppliers as possible. We can not guarantee stock levels, delivery dates or product availability. Post Covid, the many of the products we sell are in a back order status, any dates provided by OKG are estimates and are subject to change. We are not responsible for delays in receiving materials due to back orders or other events beyond our control.
Timeline. Any timeline that we provide is only an estimate and in no way shape or form is a commitment or guarantee. We will do our best to achieve our client’s desired finish date, however Outdoor Kitchens are a major construction project that involve a number of third parties, with many elements that are outside of our control. Things that can cause delays include product backorders, honest mistakes, other projects, change orders, material availability, 3^rd party schedules, weather, sickness, vacations etc.
Home Owner Associations (HOAs). Many of our clients live in deed restricted communities that have an HOA that may or may not require approval of your project. Gaining this approval is the sole responsibility of the client. Lack of HOA approval is not grounds for cancellation of our agreement. Make sure you understand the requirements of your neighborhood before you sign this agreement.
Countertop Consulting Charge. Should you decide to get countertops on your own and not through OKG we charge a $500 consulting fee which includes email and phone calls and one visit to your home during the template. The fabricator maintains full liability in making sure the project is completed according to the provided specifications, we can not guarantee performance by a 3^rd party. Outdoor Kitchen countertops are more complicated than indoor kitchens and most fabricators don’t have a lot of experience with the intricacies.
Declining Countertop Consulting Charges. Countertops are one of the major sources of issues if they aren’t done right. While we want to make this project a success, but you should expect to pay for our expertise. Should you opt against the consulting charges, then you’ll be solely responsible for making sure the countertops are done correctly. If you call or email us asking questions after you decline our service then the $500 charge would apply. No Exceptions. If when we arrive to wrap up the project after countertops have been installed and we are unable complete our work due to an issue with the countertops, then our daily labor rate would be charged above and beyond our contract.
Daily Labor Rate.COMPANY maintains a daily labor rate of $1,200 per day. We do not have an hourly rate. Should we not be able to complete our work in the budgeted time because of something that the client is responsible for then the client may be liable for additional labor at our daily labor rate. Examples that incur additional labor charges include, but are not limited to: Countertops not being installed correctly; Electrical and/or plumbing not being in the correct locations; Delays by other trades like plumbers or electricians; Client supplied products not being onsite prior to start of installation; Client interference with the installation, i.e. the client asking the installer to stop or wait; Change orders can incur additional labor, but typically that labor cost will be included in the change order.; Requesting multiple trips when a single trip is the best and most efficient use of time.
Last Minute Cancellations. We all know that life happens and we will attempt to rearrange our schedule to accommodate yours, however If we are unable to reschedule our staff due to a last minute cancellation (which is defined as less than 72 hours notice), then you may be liable for additional labor charges.
Professionalism & Courtesy. Building an outdoor kitchen, interior kitchen or closet is a major construction project with lots of moving parts. There will be disruption to your life and there will be some sort of surprise during your project. We will work through any and all issues in a profession and courteous manner. It is required that you also make that same commitment. Under no circumstances will you the client, your spouse or children be permitted to berate, curse at, yell or otherwise verbally or physically abuse any of our staff. You of course may express displeasure however it must be done in a professional and courteous way. If, in COMPANY’s sole and final judgement, we believe the client has crossed the line between civil communication and abusive communication we reserve the right to eliminate any further performance requirements under the contract, the project will be considered successfully completed and accelerate payments of all monies remaining due under the contract to be due and payable immediately.
Miscellaneous. Each party represents and warrants that as of the effective date, it has all rights power and authority into this agreement to perform its obligations. Neither party may, by operation of law or otherwise, directly or indirectly assign this Agreement with our the prior express written consent of the other party. If either party wants to provide notices pursuant to this Agreement, the notices will be provided in writing and sent via email to the email addresses listed in the header of this Agreement. This agreements may be executed in counterparts each of which will constitute an original and all of which will constitute one agreement. The parties agree that they will sign this agreement electronically Any photos or images referenced in this Agreement are attached to the agreement under “Attachments”. quired that you also make that same commitment.
Payment & Terms. Payment is required according to the payment terms outlined in each agreement. All invoices are due upon receipt, payable by check or ACH at no additional charge. Credit card payments require a minimum surcharge of 3% and may be higher depending on the type of transaction (card present, email, phone). Late fees will be charged at the highest rate allowed by the State of Florida. Should it be necessary to enforce the terms of this agreement, the client will pay any and all reasonable costs COMPANY incurs. We may report you to credit reporting agencies, initiate collections actions, or place a lien on the property. If any enforcement actions are initiated, the minimum charge will be $1,000 and will be immediately due and payable.
Access to Property. Clients grant OKG unrestricted access to the project site at any time to perform or inspect work until the project is complete and the agreement is paid in full. This permission remains effective until final acceptance and complete settlement of all contractual obligations.
Warranty. All warranties under this agreement become valid only when the entire contract balance is paid in full. If any amount remains outstanding, for any reason what so ever, no warranty—express or implied—shall apply under any circumstance. By completing payment, you acknowledge acceptance of all warranty terms and coverage. No partial or installment-based payments qualify for coverage. The warranty for materials is provided by the respective manufacturer, which often excludes labor (a parts only warranty). OKG is not responsible for providing labor to address warranty issues with appliances or hardscape elements. OKG sells extended warranties to cover the labor portion of warranty claims.
Arbitration. In the event of any dispute between the parties arising out of or in relation to this Agreement, all such disputes shall be resolved through binding arbitration in accordance with the rules and procedures designated in the arbitration clause. By entering into this Agreement, the Parties expressly waive all rights to a trial by jury. The arbitrator’s decision shall be final, binding, and enforceable in any court having competent jurisdiction, with no further appeal permitted. The cost of arbitration shall be equally shared between the parties. The arbitrator shall be an independent and neutral 3^rd party, member of the Florida Bar Association. OKG will submit 3 arbitrators to the client for selection. The client will select the arbitrator from the 3 submitted options.
Electronic Signatures. Electronic signatures have the same legal effect and enforceability as traditional wet-ink signatures under applicable law. By electronically signing this Agreement, the parties consent to their use and waive any objections to their validity. Each party acknowledges that electronic signatures are binding, legally valid, and enforceable in all applicable jurisdictions.
Water Intrusion & Cosmetic Rust. While stainless steel is highly resistant to corrosion, it is not impervious to rust. Appliances are not water tight and water intrusion is to be expected. Prolonged exposure to moisture can lead to eventual discoloration or rust spots, especially in coastal or high-humidity environments like Central Florida. The Client acknowledges that such occurrences are inherent risks of outdoor installations. OKG makes no representation that the appliances will remain forever rust-free or look brand new. Adequate cleaning, maintenance, and periodic inspections are essential for minimizing, but not eliminating, the potential for corrosion. Discoloration is considered normal wear and tear.