Purchases of merchandise and construction shall be handled in the following manner:
•Payment to suppliers as related to construction is the responsibility of you as the client.•Payment of merchandise and goods as it relates to furnishings, accessories & decor will be paid to Melissa's Designs. Melissa's Designs is responsible for payments made to those vendors.
•If you, the client, purchases goods that are of the responsibility of Melissa's Designs to purchase, you will be charged a 15% fee in addition to what was paid at the time of purchase.
•Melissa's Designs does NOT mark-up above retail cost. Discounts are provided to client where applicable.
•If Melissa's Designs is responsible for pay for goods or merchandise, you shall be required to give approvals by signing written authorizations. You, the client, is required to pay us in full for Lighting Fixtures, Fabrics, Wallcovering, Accessories & Decor. 50% Deposits are required for other goods/merchandise as indicated. You understand that Melissa's Designs shall not place any order until after receipt of the signed approval with appropriate payment. Once we place such an order, it cannot be cancelled. If a deposit has been made, the balance must be paid prior to delivery or installation.
•If Melissa's Designs is acting as your agent, you shall approve all purchases related to construction by signing a written authorization.
•Melissa's Designs will prepare purchase orders for any purchases of goods/merchandise by us. In the event that, after your approval of any purchases, changed circumstances cause an increase in price or other change with respect to any such purchases, we shall notify you in writing, but shall bear no liability with respect to the changed circumstances, and you shall be full responsible with respect to the purchases of goods/merchandise. We make no warranties or guarantees as to merchandise/goods, including but not limited to fading, wear, or latent defects, but will assign you to any rights we may have against suppliers, and you may purchase claims against such suppliers at your expense.
•Melissa's Designs will offer, where applicable, protection plans for goods purchased, such as, but not limited to upholstery and carpeting. If you, as the client, wish to forego the protection plan where applicable, any defects, wear or accidents are your responsibility to resolve.
•The client is responsible for the payment of sales tax, packing, shipping, and any related charges on such purchases of goods or merchandise.
You shall cooperate throughout the Project by promptly providing us with necessary information; arranging any interviews that may be needed; making access available to the project site; giving prompt attention to documents to review and requested approvals; facilitating communications between Melissa's Designs and other professionals, such as architects and sub-contractors whom you have retained; and, if necessary, designating the following person XXXXXX to act as liaison with us. If you are to provide specifications, floor plans, surveys, drawings, or related information, this shall be at your expense, and Melissa's Designs shall be held harmless for relying on the accuracy of what you have provided. If at any time you have knowledge of a deviation from specifications or other problem with the Project, you shall promptly give notice to us in writing. You shall be responsible for receiving, inspecting and storing all deliveries, except those included during the "Installation Day(s)."
During the development of the Project, Melissa's Design shall make a reasonable amount of revisions requested by you without additional charge, but if revisions are requested after approvals by you, an additional fee shall be charged at $150/hr for the total hours required to complete the requested revisions.
In addition to the payments pursuant to paragraphs X and X, you agree to reimburse us for all expenses connected to the Project, including but not limited to overnight deliveries, freight charges, local travel fees, sample fees and fees related to installation. These expenses shall be marked up by 5% by Melissa's Designs when billed to you. In the event that expenses require more than a nominal fee, authorization by the client will be required.
You agree to pay Melissa's Designs within 10 days of receipt of our billings for renumeration, expenses or purchases of merchandise. Overdue payments shall be subject to interest charges of 25% monthly. In the event that we are the winning party in a lawsuit brought pursuant to this agreement, you shall reimburse us for costs of the lawsuit, including attorney's fees.
The agreement shall have a term that expires within 90 days of agreement date. The term shall automatically renew for an additional 1 periods unless notice of termination is given either by Melissa's Designs or the client 30 calendar days in advance of the renewal commencement. In addition, this agreement may be terminated at any time for cause by either party notifying the other party in writing of that party's breach of the Agreement and giving 10 business days for a cure, after which the notifying party may terminate if there has been no cure of the breach. Causes for termination shall include, but not be limited to, failure to preform any duty pursuant to this agreement in a timely manner and postponements of the Project for more than 30 business days in total. While reserving all other rights under this Agreement, in the event that the Project is terminated, we shall have the right to be paid by you through the date of termination for our work, any purchases by us of goods/merchandise to purchase orders approved by you, and for our expenses.
TERM & TERMINATION
Melissa's Designs shall retain ownership of the design, including any drawings, renderings, sketches, samples, or 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.
OWNERSHIP OF THE DESIGN
If outside consultants, including but not limited to architects or contractors are needed for the Project, they shall be retained and paid by you, and Melissa's Designs shall cooperate fully with these consultants. Such consultants shall be responsible for code compliance in the various areas of their expertise.
We shall have the right to document the Project in progress and when completed, by photography or other means, which we may use for our website, portfolio, social media, brochures, public display and similar publicity purposes. Your name and the location of the Project may be used in connected with the documentation unless specified to the contrary ___________________. If we choose to document the Project, Melissa's Designs 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.
All disputes arising under this Agreement shall be submitted to binding arbitration before ______________ in the following location ______________ and settled in accordance with the rules of the American Arbitration Association. Judgement upon the arbitration award may be entered in any court having jurisdiction thereof. Disputes in which the amount at issue is less than $XXXX shall not be subject to this arbitration provision.
This agreement shall be binding on both Melissa's Designs and THE CLIENT, 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 Melissa's Designs and THE CLIENT. Notices shall be sent by certified mail, email or traceable delivery to Melissa's Designs 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 construed 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 New Jersey.