Terms and Conditions of Sale

1. Scope of Terms and Conditions. The Terms and Conditions of product sales and service projects are limited to those contained herein.  Any additional or different terms or conditions in any form delivered by you (“Customer”) are hereby deemed to be material alterations and notice of objection to them and rejection of them is hereby given.  By accepting delivery of the products or by engaging Symmetry Designs, Inc. (“Company”) (DBA, Symmetry Closets^®) to provide product(s) or perform any services, Customer agrees to be bound by and accepts these Terms and Conditions unless Customer and Company have signed a separate agreement, in which case, in the event of conflict, the separate agreement will govern to the extent not consistent with these terms and conditions.  These Terms and Conditions constitute a binding contract between Customer and Company and are referred to herein as either “Terms and Conditions” or this “Agreement.” Customer accepts these Terms and Conditions by making a purchase from or placing an order with Company or engaging Company to perform any services through the execution of a quote or proposal for work to be performed by Company (“Quote” or “Proposal”).  Any Quote, Proposal or other contract between Customer and Company are made a part of the Agreement and these Terms and Conditions are made a part of any Quote, Proposal or other contract between Customer and Company.  These Terms and Conditions are subject to change without prior notice, except that the Terms and Conditions posted on Company’s website at the time Customer signs the Quote or Proposal will govern, unless otherwise agreed in writing by Company and Customer.  All sales are subject to these Terms and Condition of Sale and are final.  In the event the terms of any Quote, Proposal, or other contract between Customer and Company conflict with these Terms and Conditions, these Terms and Conditions shall control.

2. Payment Terms. Customer shall pay Company according to the terms contained within any Quote, Proposal, or other contract between Customer and Company.  Final payment pursuant to a Quote or Proposal shall be due after the work described in the Quote or Proposal is substantially completed.  Only bank check, certified check, money order, or cash are accepted for balance payments of $10,000 or greater.  A 3.75% customer service fee is applied to all sales and a discount in that amount will be provided to customers who pay by ACH, check, or cash.

3. Cancellation by Customer and Notice of Cancellation, No Refunds. In the event that a Quote or Proposal is executed between the Customer and Company, the following notice shall apply and a copy of the Quote or Proposal and Cancellation Form shall be provided to the Customer at the time of contract.  NOTICE: “YOU, THE BUYER, MAY CANCEL THIS TRANSACTION AT ANY TIME PRIOR TO MIDNIGHT OF THE THIRD BUSINESS DAY AFTER THE DATE OF THIS TRANSACTION.  SEE THE ATTACHED NOTICE OF CANCELLATION FORM FOR AN EXPLANATION OF THIS RIGHT.”  Upon the expiration of this period, there are no returns, refunds, or cancellations permitted by Customer on any orders, including, but not limited to, hardware, accessories, custom order doors, and custom order drawers.

4. Cancellation by Company. In the event that work to be performed under this Agreement is subject to a Quote or Proposal, before the work has begun, the Company has the right to cancel the Agreement without obligation by sending Customer a notice by registered mail, return receipt requested, and returning Customer’s deposit in full.  Company may withdraw or cancel any Quote or Proposal if the deposit due thereunder is not received within 30 days.

5. Postponement by Customer. Installations are typically scheduled 3 to 4 weeks in advance.  If you are not ready for your scheduled installation date, you may be charged a re-scheduling fee of up to $2,000 per day. To avoid a rescheduling fee, call (631)-608-8999 and/or email during business hours at least 5 business days before the installation date.  Our business days are Monday through Friday excluding weekends and holidays and our business hours are 9:00am to 5:30pm.

6. Permissions and Permits. Customer represents that, to the extent necessary, it has obtained all necessary permissions required for the start of the work, whether from a condominium association, co-op board, homeowner’s association or otherwise.  Customer is also required to provide Company with any and all requirements or restrictions that apply to the work, including working hours, loading and unloading times or requirements, and means of ingress and egress to and from the worksite.  Customer also represents that it has obtained any and all permits for the work called for under this Agreement to the extent required.  Any costs for such permissions or permits are not included in the contract price.

7. Insurance Certificates. Company maintains insurance covering its work on terms standard in the industry.  If an insurance certificate from the Company is required by Customer’s condominium association or co-op board, Customer must request one from the Company at least one week prior to the installation and provide a detailed list of all requirements at the time of Customer’s request.  Any additional insurance requirements, to the extent they can be accommodated, will be met at the expense of the Customer.

8. Change Orders. During the progress of the work under this Agreement, if Customer should order extra work not specified in the Agreement or any alterations or deviations from the work specified in the Agreement, such extra work will only be completed upon the execution of a separate written agreement at an agreed upon extra cost to the Customer.

9. Work Schedule. Work shall be completed within a reasonable time.  Performance of this Agreement is subject to labor strikes, fires, acts of war or terrorism, acts of God, accidents, adverse weather conditions not reasonably anticipated, unusual delays in transportation, Company’s ability to obtain materials, governmental orders, pandemic-related restrictions, and/or any cause beyond Company’s control.

10. Should Company be unable to obtain any material(s) specified in the Agreement or any Change Order, Company shall have the right at its sole discretion to substitute comparable materials and such substitution shall not affect the Contract Price.

11. Excess Materials. Extra materials left over upon completion shall be deemed Company’s property, and Company may enter upon the Property’s premises to remove excess material(s) at all reasonable hours.

12. Supervision Responsibility. Company shall supervise its personnel and direct the work set forth in this Agreement at Customer’s Property, using reasonable skill and attention.  Company shall be solely responsible for the construction means, methods, techniques, sequences, and procedures for all work performed at Customer’s Property pursuant to this Agreement.  Customer shall not interfere with Company’s work forces or Company’s subcontractors.

13. Work Site Preparation. Closets: Prior to Company’s arrival, all closets must be cleaned out and all clothing, accessories, possessions, old shelving, poles, wall cleats, etc. must be removed in preparation for installation.  Closet systems do not have backings unless otherwise noted.  Customer should paint the closet walls prior to installation.  Company does not perform painting.  Should our installers encounter existing shelves, poles, cleats, etc., there will be a minimum charge of $50 per each closet and $150 per each small walk-in closet.  The charges may be higher depending on the extent of the removals that Company deems necessary to install the closet and/or other systems. In such circumstances, Company will perform rough spackle application only. Company does not: (i) paint, (ii) patch, repair or replace sheetrock, drywall or plaster, or (ii) provide debris removal or carting services. Debris, if any, will be placed curbside.  Other Projects: For all other projects, including home offices and wall units, Customer must remove allfurniture and any electronic equipment from the spaces prior to arrival of Company’s installer’s arrival.  The Company and its installers do NOT move furniture or electronic equipment; this must be done in advance.  Customer is responsible for setting up their electronic devices after the installation of the storage system is complete.  Symmetry Closets does not take responsibility for any electronic equipment/devices, wiring or set-up of any equipment.  Customer-supplied materials: Should materials such as handles be provided by Customer they must be onsite on the day of installation to avoid “go back” charges.

14. Other Work Site Conditions. For safety purposes, Customer must ensure that all children and pets are kept away from the work areas for their own protection as well as the protection of the installers.  An adult representative of Customer must be present while our installers are performing the work in the home for both safety reasons as well as for final adjustments of shelves, poles, and accessories to be made without delays.  In regard to plumbing, it shall be the responsibility of Customer to provide and maintain an adequate source of water supply.  In regard to wiring, it shall be the responsibility of Customer to provide and maintain the proper and adequate electric service supply.  Customer will provide access during normal business hours, or as necessary for emergency service.  Company will be allowed to start and stop equipment as necessary to perform required service.

15. Health and Safety Policies and Release. Customer understands and accepts the risks associated with allowing people to enter Customer’s home, and the risks for professionals engaged in home improvement work in your home.  Customer understands that exposure to disease-causing organisms and objects, including but not limited to viruses, such as COVID-19, and personal contact with others, including but not limited to custom storage installers, design salespeople, and others associated with your custom storage project, involve a certain degree of risk that could result in illness, permanent disability, or death.  After fully and carefully considering all the potential risks involved, Customer hereby assumes the same and agrees to release and hold the harmless Company and its employees, officers, agents, contractors, and vendors from and against all claims and liability resulting from exposure to disease-causing organisms and objects, including but not limited to viruses, such as COVID-19, associated with the work performed by the Company’s employees or contractors pursuant to an Quote, Proposal or other contract between the Company and Customer. Customer also agrees to comply with all applicable governmental rules, regulations, restrictions, orders, and/or mandates related to any public health emergency, whether or not the public health emergency rises to the level of an epidemic or pandemic.

16. All material will be delivered as specified in the Quote, Proposal or other contract accepted by Customer.  All work will be performed in accordance with the specifications and will be completed in a workmanlike manner.  Visible standard system holes, gaps, and variations in color and tone of materials are standard and shall not constitute a basis for rejection of any work.

17. Personal Property. Company is not responsible for damage to Customer’s personal property left in or near the project area.

18. Customer hereby consents and agrees that Company has the right to use, publish, display, and/or reproduce photographs of the custom storage project(s) installed on Customer’s property and to use these in all media and marketing purposes worldwide, online, and now or hereafter.  Customer further understands that any uses described herein may be made without compensation to Customer.

19. Company shall not be responsible for any claims, damages, actions, costs, or other liabilities, whether direct or indirect, that may be caused by, resulting from, or relating to, mold.  The discovery and/or removal or any mold or any hazardous materials is excluded from the scope of Company’s work, and Company reserves the right to stop work until such mold or hazardous materials are removed.

20. It is understood that Company is not responsible for the detection or removal of any asbestos material.

21. Customer shall indemnify, defend, and hold harmless Company and its respective directors, officers, employees, agents, sureties, subcontractors, and suppliers from and against any and all losses, costs, expenses, damages, injuries, claims, demands, obligations, liabilities, judgments, fines, penalties, interest and causes of action, including without limitation administrative and legal costs and reasonable attorney’s fees, involving the following: (a) injury or death to any person, or damage to or destruction of any property (including loss of use thereof), except to the extent caused by the sole negligence or intentional misconduct of Company; and (b) any failure of the Customer to comply with the requirements of the Agreement.

22. Insurance and Waiver of Subrogation. Customer shall maintain property insurance upon the entire structure including all work to be performed pursuant to this Agreement to the full insurable value thereof.  This insurance shall provide coverage for the perils of fire, tornado, theft, extended coverage, vandalism, and malicious mischief.  Customer and Company waive all rights against each other for damages caused by insured perils whether or not such damage is caused by the fault or negligence of any party hereto.

23. Risk of Loss. Risk of loss shall pass to the Customer upon delivery of materials and equipment to Customer’s Property.  Company shall not be responsible for any loss due to fire, tornado, water, freeze ups, mishandling, service by unauthorized persons, theft, vandalism, and/or malicious mischief once delivered to Customer’s property.  Customer shall assume all responsibility for any such loss and Customer shall maintain insurance coverage to protect against such loss and is to deliver to Company a fire insurance policy covering the property for the benefit of the Company.

24. Should any part of this Agreement be adjudged to be void, unenforceable, or contrary to public policy, only such void or unenforceable portion shall be stricken and eliminated hereof while the other portions remain valid and enforceable.

25. If amounts owing under this Agreement are not paid within thirty (30) days, Customer agrees to pay a late charge on any outstanding balance at two per cent (2%) per month or twenty-four per cent (24%) per annum on the unpaid amount calculated from the date payment was due.  Customer will be deemed to have accepted Company’s performance as complete under this Agreement unless Customer notified Company in writing otherwise within thirty (30) days of substantial completion.  Should Company retain the assistance of a third party, including without limitation an attorney, to assist with collection of unpaid amounts due and owing, Customer agrees to pay Company’s costs associated therewith including without limitation reasonable attorneys’ fees, court costs, and interest at the maximum legal rate.

26. Lien Notice. Any contractor, subcontractor, or materialman who provides home improvement goods or services pursuant to your home improvement contract and who is not paid may have a valid legal claim against your property known as a mechanic’s lien.   Any mechanic’s lien filed against your property may be discharged.  Payment of the agreed-upon price under the home improvement contract prior to filing of a mechanic’s lien may invalidate such lien.  The owner may contact an attorney to determine his rights to discharge a mechanic’s lien.

27. Deposits and Progress Payments. Customer understand and acknowledges that the fees for materials and services enumerated in a Quote, Proposal or other contract between the Company and Customer shall be paid as follows without exception: (1) 50% of the total project price as a Deposit on the date the Quote, Proposal or other contract document is signed by the Customer, (2) 25% of the total project price on the date the installation scheduled, and (3) 25% of the total project price, plus any fees for additional work or changes made to the project, on the final day of installation.

28. Remedies of Company. Any property installed pursuant to this Agreement is to remain at the installation address and maintained by the Customer in good order and repair, at his own expense.  If Customer fails to make any payments, or shall become insolvent, or if a receiver for Customer’s properties appointed by any Court, or if proceedings in bankruptcy or in reorganization are instituted by or against the Customer, or if the Customer shall sell, assign, or remove the equipment or any part thereof or interest therein, or if the attachment, writ, of other process shall be levied against the property, then in any of the aforesaid events, all notes and sums of money shall become due and payable and in the case of default, Company shall have the right to take immediate possession of the property wherever found, without further notice or demand and remove, sell, and dispose of it or any part thereof and the Customer shall be responsible for any counsel fees, expenses and damages in connection therewith or with respect to any breach of the other conditions hereof.  Any waiver or extension by the Company with respect to any matter shall not be considered as a waiver of the Terms and Conditions or the Agreement.  The remedies contained herein shall be cumulative and not exclusive.

29. Limitation of Company’s Liability. Company’s liability is limited to repair or replacement at its option and such shall be Customer’s sole remedy.  Under no circumstances will Company be responsible for loss of use, loss of profits, increased operating or maintenance expenses, claims of Customer tenants or clients, or any special, indirect, consequential, or speculative damages.  Company will not be held liable for the operation of installation, nor for injuries to persons, or damage to property except those directly due to the negligent acts or omissions of its employees.  Company shall not be liable for any expense incurred in removing, replacing, or refinishing any part of the building structure necessary relating to work performed under this Agreement.  Company shall not be liable for any loss by reason of strikes, labor issues, delays in transportation, delays caused by priority or preference rating, or orders or regulations established by any government or authority, or in unusual delays in procuring supplies, or for any other cause beyond its reasonable control.

30. Forum Selection and Choice of Law. In the event that Customer breaches all or any portions of the Terms and Conditions of Sale and/or fails to remedy the breach before the expiration of any cure period offered by the Company, Customer shall be liable for all of the Company’s costs and expenses (including, without limitation, attorneys’ fees, court costs, process server fees, and all related disbursements) incurred by the Company to enforce the Company’s rights.  Any action arising out of a breach of the Terms and Condition of Sale shall be brought exclusively in the Supreme Court of the State of New York, County of Suffolk, and the Parties hereby consent to the jurisdiction of such Court for that purpose, agree that it is a convenient forum, and unconditionally waive all rights to make any argument to the Court based on the doctrine of forum non conveniens, removal, or any similar doctrine.  The Terms and Conditions of Sale shall be governed by and construed in accordance with the laws of the State of New York, without giving effect to any choice of law principles.

Entire Agreement.  This Agreement constitutes the entire agreement between Customer and Company.  No agreements, representations, or warranties other than those specifically set forth herein shall be binding on any of the parties unless set forth in writing and signed by both parties.

FACTORY/SHOWROOM: 1361 Lincoln Avenue, Unit 16, Holbrook, NY 11741

TELEPHONE: (631) 608-8999 · FAX (631) 824-9282 · www.symmetryclosets.com

Nassau Cty. Lic. #: H0447140100 · Suffolk Cty. Lic. #: 49826-8 · NYC Lic. #: 2086835