terms + conditions
These are the terms, conditions and procedures on which we supply Goods and/or provide Services to you. They apply to any and all work we will carry out for you so please take a moment to carefully review and familiarize yourself with this information. Definitions can be found at the end of this document for clarification.
Please know that we stand behind all Goods and Services we provide and will do everything in accordance with these terms & conditions to ensure your satisfaction. We thank you for your business and look forward to working with you!
ELIZABETH BARRETT DESIGN & FOREST AVENUE DESIGN MANAGEMENT RELATIONSHIP
Elizabeth Barrett Design is a registered interior design company owned by Elizabeth Barrett and located at 735 Forest Avenue, Suite 202, Birmingham, Michigan, 48009. To best ensure client satisfaction, efficiency of work and ease of communication, Elizabeth Barrett Design is a member of, and enlists the services of, Forest Avenue Design Management (FAD). FAD is a management company for interior designers and oversees administrative and project management responsibilities for Elizabeth Barrett Design. All business practices and transactions conducted will be between you and Elizabeth Barrett Design.
FAD Management represents Elizabeth Barrett Design in their communication and correspondence with you and reserves the right to speak and act on their behalf. FAD Management correspondence with you may include, but is not limited to, discussing Goods and/or Services, presenting Proposals, presenting Invoices, and scheduling the delivery of Goods and/or Services. FAD Management will only use your personal information in accordance with these Terms & Conditions.
Overall, Forest Avenue Design Management is here to help both Elizabeth Barrett Design and their clients, so should you have any questions or comments, feel free to contact either at any time.
PROFESSIONAL SERVICES INCLUDED, BUT NOT LIMITED TO
Consulting with the client to determine the scope of work; preparing the necessary preliminary studies; preparing drawings and specifications; and making preliminary estimates for clients purchase of selected materials. Designers will collaborate with the client and may attend any necessary conferences with architects, contractors, or trade for proper development of the work. It shall be the client/contractor responsibility to inform us of any changes that take place that will affect the work and project scope. The designer will perform or procure such periodic inspections that the designer may consider appropriate. The designer will endeavor to warn the client against any defects and deficiencies in the work of the contractor(s), but shall not have responsibility for the failure of the contractor to comply with drawings, specifications, or any latent defect in the work of the contractor(s)
PROPOSAL OF GOODS AND/OR SERVICES
For all Goods and/or Services arranged with Elizabeth Barrett Design, you will be provided a Proposal describing the details of the Goods and/or the scope of the Services. This Proposal will be submitted to you either by email (preferred), by physical copy in person or by mail to the address you provide to us.
In order to ensure accuracy and satisfaction, we require all Proposals to be approved and Terms to be accepted before any Goods are ordered or Services are scheduled. Please review all Proposals thoroughly for accuracy before you provide approval. We will not be held responsible for discrepancies in quantities or specifications, even though we may have assisted in their preparation. If you believe a Proposal contains an error, requires any revisions, or if you have any questions at all, please contact Elizabeth Barrett or FAD Management to discuss. Confirmation of any changes or revisions will be provided to avoid any confusion.
Proposals are valid for 30 days from the Proposal date. Pricing for Goods and/or Services are subject to change at any time, but price changes will not affect Proposals approved within the 30 day period. If a Proposal is approved beyond the 30 day period, you will be given notice of any price change and approval of revised price will be required.
Images shown on Proposals are for illustrative purposes only and we cannot guarantee they accurately reflect the size, style, color, finish or texture of the Goods. Your Goods may vary from those images and we will make every effort to discuss any differences with you prior to ordering the Goods. Because many of our Goods are made to order, all sizes, weights, capacities, dimensions and measurements indicated may vary from the actual Goods.
Unless otherwise noted on Proposal, prices do not include sales tax, other applicable taxes or additional costs such as freight, shipping, crating, receiving, delivery or insurance in transit.
APPROVAL OF PROPOSAL AND ACCEPTANCE OF TERMS
There are three methods for you to approve a Proposal, and all methods are understood as approval of the Proposal and acceptance of these Terms & Conditions:
1. SIGNATURE: Sign Proposal and return with Deposit;
2. WRITTEN APPROVAL: Indicate your approval of Proposal via email and provide Deposit;
3. PROVIDE DEPOSIT: Please note that, even without a signature or written approval, receipt of Deposit will indicate your Proposal approval and acceptance of Terms.
Upon Proposal approval, Goods and/or Services detailed in the Proposal will be ordered or scheduled in a timely manner. Orders for all Goods and/or Services will not be processed and placed into production until Proposal is approved and/or Deposit is received.
PROPOSAL DEPOSIT
Proposal Deposit will be stated on all Proposals and is calculated as 75%-100% of the given Proposal cost. This deposit is required to be paid in full before we initiate and order Goods and/or Services detailed on the Proposal. Deposits are non-refundable and Orders cannot be changed or cancelled after they have been processed and placed into production.
INVOICING
Balance Invoices represent the remaining cost of an approved Proposal after your Proposal Deposit. This will be submitted to you and payment is due as Goods and/or Services are received and made available to you for delivery, shipment, pick-up, warehousing or scheduling. If additional costs are known at this time, these costs will be included in the Balance Invoice. Often, additional costs are unknown until a later date and therefore will be invoiced separately on a Monthly Invoice.
Monthly Invoices represent all other additional costs incurred while providing Goods and/or Services to you. This may include, but is not limited to, freight, shipping, crating, insurance, receiving, warehouse, delivery, installation or service. Any travel expenses, blueprinting, or other out of pocket expenses will be billed at designers cost +10%
Design Time Invoices represent the billable hourly time spent providing any Goods and/or Services to you. This may include, but is not limited to drawings, sourcing/specifying products or client/vendor/contractor meetings.
It is understood and agreed that any and all balances and additional costs incurred while providing Goods and/or Services are your responsibility and are to be paid in full upon receipt of Invoice date.
INVOICE RENDERED BY THIRD PARTY
Occasionally, Goods and/or Services may be provided directly by a third party supplier or contractor. In this case, you may be asked to pay a third party supplier or contractor directly. It is understood and agreed that any invoices rendered by a third party are your responsibility and are to be paid in full. In any case of dispute, you will hold the Designer harmless from any claim by or relating to any third party, supplier or contractor.
PAYMENT
You agree to pay us within 10 days of receipt of our billing for remuneration, expenses, or purchases of merchandise or construction. Overdue payments shall be subject to interest charges of 12% monthly. In the event that we are the winning party in a lawsuit brought pursuant to this agreement, you shall reimburse us for the costs of the lawsuit, including attorney’s fees.
We accept checks made payable to Elizabeth Barrett Design. Please mail or deliver to 735 Forest Ave., Suite 202, Birmingham, MI 48009 and indicate by number to which Proposal and/or Invoice your payment will apply.
DELIVERY OF GOODS AND PROVIDING SERVICES
When your Goods are complete and are made available to us, we will contact you to schedule delivery in a timely manner. Please note that timing for delivery and delivery charges will vary depending on the availability and nature of the Goods. The Goods will be your responsibility from the completion of delivery or from when you collect the Goods from us.
Occasionally our delivery to you may be affected by an Event Outside of Our Control. Elizabeth Barrett Design will not assume responsibility for delays due to failure of others to meet commitments, or for any other Event Outside of Our Control.
Warehousing of Goods will be permitted only when warranted at the option of the Designer. Warehousing and storage are considered additional and you will be responsible for any additional costs incurred.
If we are installing the Goods and/or providing Services in your property, we will rectify any damage to your property caused by us in the course of installation or performance unless pre-agreed and necessary as part of the installation. We are not responsible for the cost of repairing any pre-existing faults or damage to your property that we discover in the course of installation and/or performance by us.
IF THERE IS AN ISSUE WITH GOODS AND/OR SERVICES
In the unlikely event that there is an issue with the Goods and/or Services:
1. Please contact Elizabeth Barrett Design or FAD Management and inform us as soon as reasonably possible;
2. Please give us a reasonable opportunity to remedy any issues in our control;
3. IF return of Goods and/or Services is necessary and allowed by the manufacturer, supplier or contractor, we will arrange at your request.
It is understood and agreed that any cancellation, return, restock or holding fees are your responsibility and will be paid in full.
OWNERSHIP OF DESIGN
We shall retain ownership of the design, including any drawings, renderings, sketches, samples or any other materials prepared by us during the course of the project. Our ownership shall include any copyrights, trademarks, patents, or other proprietary rights existing in the design. You shall not use the design for additions to this project or for any other project without obtaining our permission and paying appropriate compensation.
All CAD drawings designed by Elizabeth Barrett Design are not construction documents and are to be used for design purposes only.
PUBLICITY
We shall have the right to document the project in progress and when completed, by photography or other means, which we may use for portfolio, brochure, public display, and similar publicity purposes. If we choose to document the project, we shall pay the costs of documentation. In addition, if you document the project, we shall be given credit as the designer for the project if your documentation is released to the public. Your name nor the address of the property will be used.
PRIVACY POLICY: HOW WE MAY USE YOUR PERSONAL INFORMATION
We will use the personal information you provide to us to:
1. Discuss and provide the Goods and/or Services;
2. Process your payment for such Goods and/or Services; and
3. Schedule installations and deliveries.
We will not give your personal information to any third party without your permission.
MISCELLANY
This agreement shall be binding on both us and you. As well as heirs, successors, assigns, and personal representatives. This agreement constitutes the entire understanding . Its terms can be modified only by an instrument in writing signed by both us and you. Notices shall be sent by certified mail or traceable overnight delivery to us or you at our present addresses, and notification of any change of address shall be given prior to that change of address taking effect. A waiver of a breach of any of the provisions of this agreement shall not be constituted as a continuing waiver of other breaches of the same or other provisions hereof. This agreement shall be governed by the laws of the state of Michigan.
CONTACT US
If you have any questions or comments, please contact Elizabeth Barrett or FAD Management:
Elizabeth Barrett
735 Forest Ave., Suite 202, Birmingham, MI 48009
(248) 647-3133
elizabeth@elizabethbarrettdesign.com
Forest Avenue Design Management
735 Forest Ave., Suite 202, Birmingham, MI 48009
(248) 647-3133
info@forestavenuedesign.com - General Inquiries
lauren@forestavenuedesign.com - Proposals/Orders, Accounting/Bookkeeping
DEFINITIONS
The defined terms set out below are used in these Terms & Conditions and they have the following meanings:
“Additional Costs”: including but not limited to, freight, shipping, crating, insurance, receiving, warehouse, delivery, installation or service.
"Events Outside of Our Control": any act or event beyond our reasonable control, including but not limited to strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, failure of public or private telecommunications networks or any other similar events.
"Goods": the goods that we are selling to you as set out in the Proposal;
"Order": your order for the Goods and/or Services upon approval of the Proposal;
"Proposal": your proposal which we have sent to you presenting the Goods and/or Services for your consideration;
“Proposal Deposit”: initial deposit due at the time of Proposal approval;
"Services": the services that we are providing to you as set out in the Proposal;
"Terms": the terms and conditions set out in this document;
"We/Our/Us": refers to either Elizabeth Barrett Design or Forest Avenue Design Management speaking on behalf of Elizabeth Barrett Design.
“You/Your”: refers to the client, the responsible party, the customer.