Terms and Conditions:
The Customer agrees to purchase from Abode Maison the products and/or services specified in the corresponding sales order, at the stated prices and in accordance with the terms and conditions set forth herein.
The Customer is responsible for reviewing the sales order for accuracy and suitability, including but not limited to product style, size, finish, quantity, and specifications. Any discrepancies, errors, or omissions identified at the time of order must be promptly communicated.
Abode Maison reserves the right to correct any clerical or administrative errors, including but not limited to pricing, product quantities, features, and availability, at any time prior to fulfillment.
CUSTOM AND SPECIAL ORDERS:
All products designated as "Custom" or "Special Order," as indicated on the sales order line item and/or a signed worksheet, are non-cancelable, non-returnable, and may not be modified or changed once authorized for production by the Client or the Client’s designated agent.
By confirming the order, the Client acknowledges and accepts that all deposits and payments for such items are non-refundable, and the Client remains liable for the full payment amount as agreed upon at the time of order placement, regardless of the shipping or fulfillment status.
PAYMENT TERMS:
Orders Under $10,000
Full payment is required at the time the order is placed. No order under this threshold shall be processed without receipt of full payment.
Orders Over $10,000
Upon managerial approval, a minimum deposit equal to fifty percent (50%) of the total order value, excluding delivery, freight, and applicable taxes, is required. The remaining balance must be paid in full prior to Abode Maison initiating or issuing any purchase order to the vendor. These terms are subject to the additional conditions outlined in the “Custom Orders” section of this agreement.
Immediate-Need Merchandise
Full payment is required upon customer approval for merchandise deemed necessary for immediate use. This includes, but is not limited to, in-wall plumbing rough valves, appliance accessories, and hood liners. No such items will be released or scheduled without full payment confirmation.
Order Status and Fulfillment
Once Abode Maison has been instructed to procure merchandise and to assemble or stage items at its facility to meet the Client’s requested job or delivery schedule, the Client (or their authorized agent) will be notified when the order is ready for pick-up or delivery.
Notification may be provided via text message, email, phone call, postcard, or registered letter. Following such notification, the Client shall have a maximum of ninety (90) days, unless otherwise agreed in writing, to take possession of all products specified in the sales order.
Failure by the Client (or their agent) to respond or take timely possession may result in the reallocation of merchandise to other customers, the imposition of updated market pricing, and/or the disposal of products by Abode Maison in any commercially reasonable manner. In such cases, the Client shall remain fully liable for any outstanding balances and fees associated with the original order.
Abode Maison will make a minimum of three (3) documented attempts to notify the Client when the order is complete and ready for shipment or pick-up. Failure to respond within the stated timeframe shall be deemed an abandonment of the order, and may result in the forfeiture of all monies paid, unless otherwise agreed to in writing by Abode Maison and the Client.
Pricing and Taxes
All pricing is subject to change without notice and shall become binding only upon written confirmation by Abode Maison. The Client is solely responsible for the payment of all applicable sales, use, and excise taxes unless a valid and properly executed tax exemption certificate is provided at the time of purchase.
Sales tax is assessed based on the jurisdiction in which the Client takes possession of the merchandise. Should there be any change in the applicable tax rate prior to the delivery or pick-up of any undelivered items, the final invoice will be adjusted to reflect the updated rate in accordance with state and local tax laws. A deposit or full payment made at the time of order does not guarantee the tax rate then in effect. The Client acknowledges and agrees to remit any additional sales tax due as required by law prior to the release or delivery of the merchandise.
Change Orders
Once Abode Maison has ordered and/or received specific products related to a Client’s order, any requested changes by the Client, whether in model, manufacturer, or design, will be addressed on a case-by-case basis. Abode Maison will make reasonable efforts to accommodate such changes; however, any returned or canceled items will be subject to the terms outlined in Abode Maison’s Return & Cancellation Policy, regardless of whether the products have been delivered to the Client.
In the event that a manufacturer discontinues, updates, or modifies a product listed on a current sales order, Abode Maison reserves the right to substitute the affected item with the closest available equivalent. Any such substitution may be subject to current market pricing, even if that price exceeds the original quoted amount.
Lead Times
Abode Maison will make every effort to provide accurate lead times based on the information available from manufacturers and/or distributors at the time of order or delivery request. However, all lead times are approximate and not guaranteed, particularly in the context of ongoing or unforeseen supply chain disruptions.
Abode Maison shall not be held liable for any damages, claims, penalties, or additional costs incurred by the Client due to delays arising from manufacturer production schedules, carrier delays, inclement weather, natural disasters, or any other circumstances beyond Abode Maison’s control, regardless of any prior representations made.
Clients are strongly advised not to schedule installation services until all products have been received and inspected.
Will Call / Store Pickups
All products, once inspected, signed for, and accepted in good condition, become the sole risk and responsibility of the Client.
If the Client designates a third party (agent) to pick up the order, that individual must be specifically named on the sales order. Additionally, the sales order balance must be paid in full prior to release; otherwise, Abode Maison will not release the products.
All third-party representatives will be required to present valid, personalized identification and provide a legible signature as proof of receipt for the merchandise.
Delivery Terms
A fee applies to each scheduled delivery, and a designated responsible party must be present to receive and sign for every shipment. Abode Maison’s delivery service includes delivery to the job site address specified on the Delivery Worksheet Agreement or the “Ship To:” address as indicated on the sales order. All deliveries are made to the garage or curbside only, including cast iron bathtubs, unless prior arrangements specify otherwise and additional charges may apply.
Abode Maison personnel are strictly prohibited from placing merchandise inside any residence. Cast iron bathtubs are limited to curbside delivery only. If inside residential delivery is required, the Client may contract a third-party delivery service at their own expense. Abode Maison shall not be held responsible for, and is hereby indemnified against, any claims of property damage or personal injury arising from the actions of Abode Maison personnel or any third-party delivery contractors.
All claims for visible damage, shortages, or errors in shipment must be reported to Abode Maison within seventy-two (72) hours of delivery; failure to do so within this period shall constitute acceptance of the goods as received.
For shipments delivered by third-party freight carriers, the Client must adhere to the specific claim reporting deadlines set by the carrier, which may be shorter than Abode Maison’s standard reporting window. Failure to comply with the freight carrier’s time limits may result in denial of claims, and Abode Maison shall not be held liable in such cases.
Warranty
The Client’s sole warranty, if any, is provided exclusively by the product manufacturer. Abode Maison disclaims all express and implied warranties, including but not limited to implied warranties of merchantability and fitness for a particular purpose. Warranty coverage is subject to the manufacturer’s policies and procedures regarding acceptable tolerances for performance, defects, replacement, or repair.
If a product fails to perform at the time of installation, Abode Maison and/or the manufacturer (or its authorized representative) must be given the opportunity to inspect and/or service the item to remedy any defect before a replacement will be issued.
The Client’s sole and exclusive remedy shall be against the manufacturer providing the warranty. The Client shall have no claims, rights, or remedies against Abode Maison related to product performance or defects.
Returns and Cancellations
All returns and cancellations are subject to approval by the product supplier and/or inspection, and may incur a minimum restocking and handling fee, which varies depending on the manufacturer and product category. This policy applies to products in transit from the vendor or already received and held by Abode Maison but not yet delivered. Custom and Special Orders, as defined above, are excluded from this policy.
Product returns will be accepted only within ninety (90) days of receipt, provided the item remains current in the manufacturer’s catalog and is returned in its original packaging and condition suitable for resale. Returns requested after 90 days from initial receipt will not be accepted.
The Client (or their authorized agent) is responsible for all costs related to the return, including but not limited to freight or pickup fees, repackaging or crating expenses, and supplier restocking charges. All credits are provisional and subject to the supplier’s inspection and final acceptance.
Claims
Claims for damages, shortages, visible defects, or errors in delivered merchandise must be reported immediately upon receipt and prior to installation. All claims and/or returns must be accompanied by the original invoice and packaging materials, and will be subject to Abode Maison’s Returns and Cancellations Policy.
Notwithstanding any other provision herein, merchandise that has been installed, used, modified, or damaged, once acknowledged or signed for by the Client or their authorized representative, even if received in error (such as an incorrect model delivered), is not eligible for return or refund.
Refunds
All credit card refunds will be issued only to the original credit card holder. Check refunds will be issued by check and may require up to fourteen (14) days for processing from the date the credit is approved.
Please note: Refunds or credits will only be issued in the name of the original “Bill To” Client, unless Abode Maison has received prior written authorization from both parties to the contrary.
Attorney’s Fees and Costs
In the event that any invoice is not paid in full when due, or in the event of any dispute between the Client and Abode Maison, the prevailing party shall be entitled to recover from the other party all attorney’s fees, court costs, arbitration fees, arbitrator fees, collection fees, and any other expenses incurred as a result of such dispute. Additionally, interest shall accrue on the outstanding amount at a rate of 10% per annum, and late fees shall be applied at a rate of 1.5% per month.
Limitation of Liability
It is expressly understood and agreed that, under no circumstances, shall Abode Maison be liable for damages exceeding the return of the purchase price of the product, regardless of any contrary claims. Abode Maison shall not be responsible if the product does not fit the Client’s space, use requirements, or expectations related to the manufacturer’s stated performance standards or design.
Abode Maison assumes that the Client will employ qualified, licensed professionals for the installation of all purchased merchandise. It is the sole responsibility of the Client or its authorized agents (installer, plumber, contractor, designer, architect, etc.) to verify that all merchandise ordered, requested, and/or signed for on the job site is correct and appropriate. Any discrepancies must be reported within 72 hours of receipt, or the Client shall assume full responsibility.
All products that will be concealed, such as wall valves, drains, bathtubs, showers, and related items, must be inspected, tested, and approved prior to final installation and before being encased by tile, marble, or any other finishing materials.
As stated above, Abode Maison shall not be liable for any special, incidental, or consequential damages related to installation, product failure or defects, errors or omissions by Abode Maison or the manufacturer, manufacturer specification changes, building code requirements and enforcement, or delays in shipping, production, or delivery. This limitation includes, but is not limited to, claims for damages to tile, marble, wood floors, or any other finish materials, additional labor costs, or expenses incurred by the Client due to project delays.
It is assumed that the trade professional or installer is retained by the Client; therefore, Abode Maison expressly disclaims any responsibility or liability related to installation services or referrals.
By initiating this order through deposit, payment, or verbal communication, the Client hereby accepts, agrees to, and is bound by all the terms and conditions set forth by Abode Maison.
In the event of any dispute arising under these Terms and Conditions, such dispute shall be resolved exclusively through binding arbitration before a single neutral arbitrator. Neither party shall have the right to conduct discovery in such arbitration proceedings.
All disputes shall be governed by and resolved in accordance with the laws of the State of California. The parties consent to the exclusive jurisdiction and venue of the courts located in San Diego, California for any legal action related to these Terms and Conditions.
Modifications
Abode Maison reserves the right to modify, update, or amend these Terms and Conditions at any time, without prior notice to the Client. Such changes shall become effective immediately upon posting or inclusion in any revised documentation provided by Abode Maison. The continued placement of orders, acceptance of deliveries, or engagement in any transaction with Abode Maison following any such modification shall constitute the Client’s acceptance of the revised Terms and Conditions. It is the Client’s responsibility to review the most current version of these Terms and Conditions prior to placing an order.
Integration and Amendment
The Client hereby acknowledges and agrees to all the Terms and Conditions set forth above. The Client further acknowledges that Abode Maison has advised them to seek independent legal counsel to review, interpret, and explain these provisions.
The Client confirms that they have had a reasonable opportunity to obtain such independent legal advice and have either done so or knowingly, voluntarily, and expressly waive their right to seek such counsel.
No representations, agreements, or promises have been made by either party except those expressly stated herein. All prior discussions, negotiations, or understandings preceding the date of this agreement are hereby superseded.
This document constitutes the entire agreement between the parties regarding the transaction referenced herein and may only be modified or amended by a written agreement signed by both parties.