ESTATE MILLWORK INC. TERMS & CONDITIONS

1) Payment. Because of the custom nature of our products, we require a 50% non-refundable deposit with each order to begin production. The remaining balance including any other charges (finishing, shipping), is due upon completion of manufacturing, and must be paid in full prior to finishing and or shipment of product. Credit Card orders will automatically be charged to the same card for the balance upon completion of manufacturing. In order to expedite rush orders the full amount is billed at the begining of production.

2) Returns and Cancellations. Because of the custom nature of our products, items are NOT RETURNABLE FOR ANY REASON. Once an order is placed it can NOT BE CANCELLED or changed.

3) Accuracy: It is the Buyer's responsibility to insure that the products ordered and provided dimensions are correct by reviewing the shop drawings, order notations and tables. Standard orders are paint grade, unless otherwise specified. CUSTOMER SUPPLIED DRAWINGS OR CUSTOMER NOTATIONS ON THE ESTATE MILLWORK SHOP DRAWINGS HAVE NO EFFECT ON THE ORDER - Changes can only be made by the re-issuance of new Shop Drawings. Unless otherwise specified by Buyer, Estate Millwork reserves the right to make minor modifications in the designs and structure of the products without re-issuing Shop Drawings.

4) Lead Times: Unless the customer has purchased a Committed Ship Date, all quoted lead times are estimates only, and are subject to the many complex conditions surrounding the creation of custom millwork, including weather, availability of labor, material, freight and utilities, and other cirumstances forseen or otherwise. Under no circumstances will Estate Millwork be held responsible for delays that impact estimated ship dates. In the event that a customer has purchased a Committed Ship Date AND paid for the order in full, and Estate Millwork does not ship the order within the agreed timeframe, Customer's sole remedy is a pro-rata refund of an amount not to exceed the Commitment Charge. This amount to be calculated at the rate of 1/14th of the charge for each day over.

5) Warranty: Estate Millwork Inc. will provide a ONE YEAR LIMITED WARRANTY for a period of one year from the date of receipt against defects in material and workmanship. It is normal, and part of the intrinsic style, character and authenticity of wood, for millwork to begin to adapt to its new environment, and Buyer may expect hairline cracks, weather marking, witness lines, slight expansion or contraction, and small degrees of cupping, cracking, bowing and warpage. Under no circumstances is Estate Millwork Inc. responsible for any type of finish failure including but not limited to reactions between paint, primer, glue, and or wood.

6) Freight Damage or Delays: The freight carrier (not Estate Millwork, Inc.) is responsible for re-imbursing the customer for freight damage claims. Estate Millwork, Inc. is not liable for delivery delays or freight damage under any circumstances. The customer must AT THE TIME OF DELIVERY unpack and inspect the entire shipment for any type of damage - visible or concealed. Any damage MUST BE NOTED ON THE BILL OF LADING AT TIME OF DELIVERY. In the event that there is freight damage, the customer must contact the freight carrier IMMEDIATELY and make arrangements for the claim to be processed. Failure to follow these procedures may result in the freight carrier denying the claim.

7) DISCLAIMER, LIMITATION OF DAMAGES. NO WARRANTIES. THE PARTIES AGREE AND INTEND THAT THE PRODUCTS COVERED BY THIS AGREEMENT ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, AND NO OTHER WARRANTIES, EITHER EXPRESSED OR IMPLIED ARE MADE WITH RESPECT TO THE PRODUCTS, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT OR ANY OTHER WARRANTIES THAT MAY ARISE FROM USAGE OF OR THE RESULTS OF THE USE OF THE PRODUCTS IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE . ANY DESCRIPTION OF THE GOODS CONTAINED IN THIS AGREEMENT IS FOR THE SOLE PURPOSE OF IDENTIFYING THE GOODS AND SELLER HAS MADE NO AFFIRMATION OF FACT AND HAS MADE NO PROMISE RELATING TO THE GOODS BEING SOLD THAT HAS BECOME ANY BASIS OF THE BARGAIN. FURTHER SELLER HAS MADE NO AFFIRMATION OF FACT OR PROMISE RELATING TO THE GOODS BEING SOLD THAT HAS CREATED OR AMOUNTED TO AN EXPRESS WARRANTY THAT THE GOODS WOULD CONFORM TO ANY AFFIRMATION OR PROMISE AND SELLER DISCLAIMS ANY AND ALL WARRANTIES.

NO LIABILITY FOR CONSEQUENTIAL DAMAGE. To the maximum extent permitted by applicable law, the parties agree that in no event shall Estate Millwork Inc. be liable for any consequential damages, including, but not limited to, any special, incidental, exemplary, punitive or consequential damages, expenses, lost profits, lost savings, business interruption, or any other damages arising out of the use or inability to use the products. Buyer agrees that its exclusive remedy and Seller's limit of liability for any and all damages is limited to return of the goods and repayment of the purchase price. Buyer acknowledges that the applicable purchase price of the products reflects this allocation of risk. If the foregoing limitation of liability is not enforceable because an Estate Millwork Inc. product sold to Buyer is determined by the arbitration board mentioned hereafter, or a court of competent jurisdiction in a final, nonappealable judgment to be defective and to have directly caused bodily injury, death, or property damage, in no event shall Estate Millwork Inc.' liability exceed the lesser of the contract price or $1,000.

8)Designated Forum For Dispute Resolution and Applicable Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Pennsylvania. Any controversy or claim arising out of or relating to this contract or the breach thereof shall be settled by arbitration administered by the American Arbitration Association in accordance with the Commercial Arbitration Rules and judgment on the award rendered by the arbitrator(s) may be entered in any Court having jurisdiction thereof. The parties specifically agree that the place of arbitration shall be Somerset, Pennsylvania, exclusively.

9) Amendment. This Agreement may not be modified, changed, or altered, except by written agreement signed and duly executed by both parties.

10) Severability. If any provision of this Agreement is declared by arbitration to be invalid, illegal or unenforceable, such provision shall be severed from this Agreement and all other provisions shall remain in full force and effect.

11) Integration. This Agreement is the complete and exclusive statement of the agreement between the parties which supersedes all proposals or prior agreements, oral or written and all other communications between the parties relating to the subject matter of this Agreement.

Buyer Accepts Terms & Conditions of Estate Millwork Inc. :
X ________________________________

Print Name:________________________________________________

Date:______/____/______

Credit Card Number _______ - ________ - ________ - ________
(Visa/Mastercard only, please)

Expiration Date ____/____