Materials and Finishes Selection
Materials and Finishes Selection.
Small Services Standard Terms and Conditions
Client agrees to the follow Standard Terms and Conditions when purchasing any of the following services for Client’s project (“Project”):
DIY | REMIX INTERIOR DECOR FURNISHING STAGING
REMIX A LA CARTE
DESIGN SHOWROOM PURCHASES
REAL ESTATE STAGING
1. CLIENT RESPONSIBILITY. Client understands and acknowledges that it shall be responsible for performing the following in a reasonable and timely manner: (i) Coordination of any decision-making with parties other than Company; (ii) Respond to various requests by Company which may be necessary for the completion of the Project; and (iii) Review and proof-read all finalized design plans. Any errors and/or unnecessary costs or fees that may have resulted from an insufficient review of finalized design plans shall be deemed the Client’s responsibility in addition to any future costs or fees that may be incurred in order to remedy such errors.
2. COMPANY RESPONSIBILITY. Company will use reasonable efforts to ensure Client's Project is produced in a style and manner consistent with Company’s current portfolio and Company will attempt to incorporate any reasonable suggestion made by Client. However, Client understands and agrees that: (i) Every client is different, with different tastes, budgets, and service needs; (ii) Design services are often a subjective art and Company has a unique vision, with an ever-evolving style and technique; (iii) Company will use its artistic judgment when providing services for Client, which may not include strict adherence to Client’s suggestions; and (iv) Company will use reasonable efforts to incorporate Client’s suggestions and desires for the Project, however, Designer shall have final say regarding the aesthetic judgment and artistic quality of the Project in final photographed design.
OTHER THAN AS PROVIDED IN THIS SECTION 2, COMPANY DOES NOT MAKE ANY WARRANTY WITH RESPECT TO THE SERVICES OR PRODUCTS PURCHASED, WHETHER EXPRESS OR IMPLIED, AND SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTIES, WHETHER OF MERCHANTABILITY, SUITABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR OTHERWISE FOR SAID SERVICES. ALL SERVICES AND PRODUCTS PURCHASED BY CLIENT IS SOLD IN AS IS CONDITION. UNDER ALL CIRCUMSTANCES, THE MAXIMUM LIABILITY OF COMPANY TO CLIENT FOR DAMAGES FOR ANY AND ALL CAUSES WHATSOEVER, AND CLIENT’S MAXIMUM REMEDY, REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT OR OTHERWISE (EXCEPT COMPANY’S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT), SHALL BE LIMITED TO THE COMPANY’S NET PROFIT FOR THE PROVIDED SERVICE.
3. INTELLECTUAL PROPERTY.
- The drawings, specs and other documents prepared by Company for this Project are instruments of Company’s service for use solely with respect to this Project and completion by no one other than Company, unless agreed to otherwise, in writing, with Company’s express consent.
- Unless otherwise provided, Company shall be deemed the author of these documents and shall retain all common law, statutory and other reserved rights, including the copyright, in perpetuity. All displays or publications of Company’s work product shall bear accreditation and/or copyright notice in Company’s name in the form, size and location as directed by Company.
- Company shall hold the first right and/or refusal, with prior notification, regarding any and all press, advertisements, editorials, interviews, public display of the space and recognition in relation to the Project and its affiliates. Company shall have equal mention in any hired or collaborative press by and between Client and its affiliates regarding advertisements, editorials, press, etc. and be given recognition in a favorable and fair manner.
- Company shall hold the right to representation as a separate entity for its work and design by all press, public relation firms, publicists, etc. hired by Client and its affiliates for the purpose of marketing and press for its designs and work on the Project at no cost to Company. It shall be Company’s choice to refuse representation of such personnel hired by Client and its affiliates.
- Client agrees to allow Company, at no additional compensation to Client, to photograph and video record concept board ideas, design process, and before and after pictures of Client’s Location and Project (“Project Materials”). Company shall solely and exclusively own throughout the universe in perpetuity all rights of every kind and nature, including, the copyright to the Project Materials. Company shall have the right to include Project Materials in records, portfolio, website, advertisement, endorsement, marketing, social media platforms, online platforms, etc. without written notice to Client.
- Company shall release and hold Company harmless from any reasonable expectation of privacy or confidentiality associated with the Project Materials. Notwithstanding, Company will never post any of Client’s personal information on a social media or published site that could potentially harm Client.
- Client attests that Client has full authorization to consent to the release and publication of the Project Materials. Client releases Company, its independent contractors, employees and any third parties involved in the creation or publication of Project Materials from liability for any claims by Client or any third party in connection with Client’s participation.
Assignment: Company and Client bind themselves, their partners, successors, assigned and legal representatives to the other party to this Agreement and to the partners, successors, assigns and legal representatives of such other party with respect to all covenants of this Agreement without written consent of the other.
Governing Law: The laws of the State of Pennsylvania shall govern this Agreement. Both Parties consent to the jurisdiction of the Courts in the State of Pennsylvania. No action arising out of this Agreement, regardless of the form, may be brought by either Party more than one year from the date that the cause of action occurs. Should any legal action be brought by either Party to enforce any part of this contract, the prevailing Party shall recover, in addition to all other parts of this contract, reasonable attorney's fees and costs according to the laws of the State of Pennsylvania.
Entire Agreement: This Standard Terms and Conditions shall constitute the entire Agreement between Company and Client and supersedes all previous communications, representations, understandings, concurrent or subsequent purchase orders, and agreements, whether oral or in writing, between the Parties or any officer or representatives thereof. If any provision of this Agreement is determined to be unenforceable or invalid, the remaining provisions of this Agreement shall remain in full force and effect. No waiver by any party of any default, misrepresentation or breach of warranty or covenant hereunder, whether intentional or not, shall be deemed to extend to any prior or subsequent default, misrepresentation, or breach of warranty or covenant hereunder or affect in any way any rights arising by virtue of any prior or subsequent such occurrence.
END OF STANDARD TERMS AND CONDITIONS