TERMS AND CONDITIONS

By executing the Invoice (the “Contract”) furnished by Top Shelf Cabinets LLC (the “Company”), whether by manual or electronic means, the customer identified therein (the “Customer”) and Company agree to all of the terms and conditions set forth herein (the “Terms and Conditions”).
Customer and Company (collectively the “Parties”) expressly acknowledge that each of these terms and conditions are integral and material provisions of the Contract, and are hereby incorporated into the Contract.

SCOPE OF WORK

Company shall install the materials and perform the work (collectively the “Work”) described in the Contract in conformance with these Terms and Conditions, as well as any architectural drawings and plans, engineering specifications, or any other construction documents that were initialed by Company prior to the Parties’ execution of the Contract.

CONTRACT PRICE

Customer shall pay Company the amount identified in the Contract (the “Contract Price”) in accordance with the payment terms set forth in the Contract.
ADDITIONAL PAYMENT TERMS AND AUTHORIZATION Customer shall pay the Contract Price for the Work as follows:

a. Customer shall pay an initial deposit upon execution of the Contract in the amount of: (1) 50% of the Contract Price for “Installation Only Projects”; or (2) 75% of the Contract Price for “Product, Equipment and Installation Projects”.
b. Customer shall pay the remaining balance of the Contract Price on the first day of Company’s installation of the Work.
c. If Customer purchased product through someone other than Company, and there is not enough product to complete the Work, then Customer shall order additional product to complete the Work, and Customer shall pay Company an additional $150.00 service fee to return and complete the Work.
d. Customer agrees that the remaining balance of the Contract Price after payment of the deposit shall be automatically charged to the same payment method used by Customer to pay the deposit without any additional notice to Customer on the first day of Company’s installation of the Work.
These payment methods may include credit card, debit card, PayPal account, bank account, or any other billing information. Customer specifically authorizes Company to auto-bill the credit card, debit card, PayPal account, bank account, or any other billing information used by Customer to pay the deposit. BY EXECUTING THIS AGREEMENT, CUSTOMER IRREVOCABLY AUTHORIZES AND CONSENTS TO THE AUTOMATIC BILLING PROVISIONS SET FORTH HEREIN.
 f. Notwithstanding the foregoing, payment in full is due upon execution of the Contract if Customer procures financing for the Work.
g. Customer shall pay interest on all past-due amounts at the rate of eighteen percent (18%) per annum until the past-due amount is paid in full.
Customer shall also pay an additional fee of ten percent (10%) for any amount: (a) not paid to Company when due; or (b) paid by Customer via credit card if the credit card issuer later rejects or refuses to make the payment or Company is later required to reimburse the credit card issuer.

COMMENCEMENT AND COMPLETION OF THE WORK

The Parties shall mutually agree on dates for Company to commence and complete the Work.
Notwithstanding the foregoing, the Parties acknowledge that the Work may be delayed as a result of issues and events beyond Company’s control, including but not limited to delays in producing, procuring, delivering, or installing products where the delay is caused by differences with or among workmen, strikes, lockouts, labor disturbances of any kind, riot, war, fire, earthquake, flood, weather conditions, acts of God or the public enemy, insurrection, sabotage, embargo, epidemics, government interference, changes in the law, regulations or government policy, delays in transportation, inability to procure materials and equipment, inability to secure power or transportation, timing of deliveries from Company’s vendors or suppliers, and delays in performance by subcontractors.
Accordingly, Company shall not be responsible nor liable to Customer for any losses or damages of any nature in connection with any delays in the commencement, performance and/or completion of the Work, including but not limited to any actual, direct, indirect, compensatory, consequential, incidental, liquidated, expectation, general, special, pecuniary, exemplary, or punitive damages.

INDEPENDENT CONTRACTOR

The Parties agree that nothing in this Contract will be construed as creating a joint venture, partnership, agency or employment relationship between the Parties, nor will either Party have the right, power or authority to create any obligation or duty, express or implied, on behalf of the other Party.
Customer acknowledges and agrees that Company is an independent contractor and neither Company nor its directors, officers, agents, employees, or affiliates is or shall be deemed employed by Customer.
Company reserves the right to determine the method, manner and means by which the Work shall be performed and is not required to: (1) perform the Work for Customer during any particular hour of the day or night; or (2) devote its full time to the performance of the Work.
Furthermore, Company has other customers and it offers its services to the general public.
Accordingly, the order and sequence in which the Company performs services for its customers shall be under the control of Company and its agents, employees and affiliates.

CUSTOMER RESPONSIBILITIES

Customer is responsible for the following:

a. Verification of Materials. Customer shall verify the accuracy of the materials identified in the Contract.
b. Permits, Laws and Regulations.Customer shall procure and pay for any and all local, state, or federal permits, inspections, and fees imposed directly or indirectly in connection with the Work, as well as any laws and regulations.
c. Installation Date. Customer shall arrange for a responsible adult to be at the jobsite for the entire day of installation and shall provide Company with access to electricity throughout the installation process.
d. Clear Path. Customer shall clear a path from the jobsite’s point of entry to the location where the product shall be placed. Prior to delivery Customer shall also clear all rooms which shall be affected by the product or its installation.
e. Specific Items. Customer shall move, disconnect, and reconnect the following items: (1) electronics; (2) gas appliances; (3) ice-maker refrigerators; (4) grand pianos; (5) aquariums; (6) waterbeds; (7) grandfather clocks; (8) antiques; (9) breakables; (10) bedding; (11) draperies; (12) slate pool tables; (13) anything that may be fragile; and (14) personal items. Company shall not move, disconnect, or reconnect these specific items.
f. Furniture Removal. Customer shall remove, disassemble, and reassemble all furniture from the Work area unless otherwise agreed in the Contract. Company shall not disassemble or reassemble any furniture.
If the Contract provides that Company shall remove furniture, Customer shall still be responsible for removing: (1) all items from china cabinets; (2) wall plaques and pictures from the Work area, as well as all rooms adjacent to the Work area; (3) bedding and pillows; (4) items from the top of dressers, tables, etc.
; (5) dresser drawers; (6) all items from closets; and (7) the Specific Items identified above.
g. Tuning Pianos and Leveling Pool Tables. Customer shall tune pianos and level pool tables even if the Contract provides that Company shall move the piano and/or pool table. Company shall not disassemble or reassemble pianos or pool tables.
h. Product Use. Customer shall not resell or sublicense the materials identified in the Contract and shall only use them for Customer’s own personal use.Any distribution of the materials identified in the Contract is strictly prohibited.

SHIPPING AND DELIVERY

All products will be delivered to a garage or a room on the main level of the structure. Company will open all boxes, and Customer shall verify with a signature on the delivery sheet that all products are in acceptable condition with no damage. If any product is missing or has sustained damage, then Customer shall identify any such product or damage on the delivery sheet, accept the delivery, and submit a warranty claim. Notwithstanding anything in the Contract to the contrary, Customer waives all claims for missing products and damage upon delivery except missing products and damage that is identified on the delivery sheet at the time of delivery.
Company reserves the right to fulfill orders between multiple shipments from different distribution facilities.

CHANGE ORDERS 

The Work shall not be modified unless the Parties execute a mutually agreeable written change order.
The change order, at a minimum, shall identify any modifications to the Work and the Contract Price.

PRODUCT COLOR

Customer acknowledges that subtle variations in color, surface texture, finish and style may not be fully revealed when viewing products from a computer or other electronic device, and that actual product colors may vary from those depicted on a computer or other electronic device.
Accordingly, customer agrees to assume the risk of minor variations in the color, surface texture, finish and style of the products.

PRODUCT AVAILABILITY

Customer agrees that Company may discontinue any product at any time without notice to Customer, and that all sales to Customer are subject to product availability.
Customer shall be notified as soon as possible if a product ordered by Customer is unavailable due to a miscalculation of Company’s available inventory, and Customer’s sole remedy shall be a refund of the purchase price of the unavailable product.
Company may, with or without prior notice to Customer: (1) limit the available quantity of or discontinue any product; (2) bar Customer from making any or all transaction(s); (3) refuse to sell products to Customer; and (4) limit quantities on orders placed by the same user (or account), the same credit card, or orders that use the same billing and/or shipping address.

TYPOGRAPHICAL ERRORS

Customer acknowledges that despite Company’s efforts to describe and display its products accurately in its marketing materials and in this Contract, delays in updating marketing materials may occur that are beyond Company’s control and a small number of the products may be incorrectly priced, described inaccurately, or unavailable. COMPANY DOES NOT GUARANTEE THE ACCURACY OR COMPLETENESS OF THE INFORMATION PROVIDED WITH RESPECT TO ITS MARKETING MATERIALS AND THIS CONTRACT RELATING TO PRODUCT PRICES, EXACT PRODUCT FUNCTIONALITY OR PURPOSE OF USE, COLORS, SHAPES, SIZES OR AVAILABILITY, AND COMPANY MAY CHANGE OR UPDATE INFORMATION AND CORRECT ERRORS, INACCURACIES OR OMISSIONS WITH RESPECT TO ITS MARKETING MATERIALS AND THIS CONTRACT AT ANY TIME WITHOUT PRIOR NOTICE TO CUSTOMER.
Customer agrees that Company may cancel Customer’s purchase of any product identified in this Contract that is subject to pricing errors or any inaccuracies in Company’s marketing materials.
Company shall notify Customer via email of any cancelled purchase.

CHARGES ON BEHALF OF CUSTOMER

Customer agrees to pay all charges that may be incurred by Company on behalf of Customer at the actual price(s) in effect when such charges are incurred, including without limitation all shipping and handling charges.
All pricing is in United States currency (USD) unless otherwise stated in the Contract.

PRODUCT EXCHANGES

Specifically with respect to in-stock white cabinets, Customer may exchange an order of white cabinets by requesting an exchange and completing a replacement order in writing within three (3) days of executing the Contract.
Customer shall pay the full purchase price of the replacement product.
Customer shall receive a credit against the purchase price of the replacement product in the amount of the purchase price of the returned white cabinets less a restocking fee in the amount of twenty percent (20%) of the purchase price of the returned white cabinets less any amounts paid to government entities, such as filing fees or taxes, or to other third parties with a role in processing your order.
Customer may not exchange any ordered product, including but not limited to in-stock white cabinets, after commencement of the Work unless the Parties execute a change order.
If applicable, credit card transaction refunds will be issued to the original credit card used to make the purchase, and cash or check transactions will be refunded via a corporate check which will be processed within fourteen (14) days of the return.

PRODUCT RETURNS

Specifically with respect to in-stock white cabinets, Customer is entitled to a refund for unused, undamaged white cabinets in unopened boxes (including all documentation, media or all other separate items or components included in the original shipment) that are purchased from store stock and returned within three (3) days of purchase.
The amount of the refund shall be the purchase price of the product less a twenty percent (20%) restocking fee less any amounts paid to government entities, such as filing fees or taxes, or to other third parties with a role in processing your order.
Customer must present the original receipt to receive a refund or in-store credit and shall be responsible for pick-up and re-delivery charges.
Credit card transaction refunds will be issued to the original credit card used to make the purchase.
Cash or check transactions will be refunded via a corporate check which will be processed within fourteen (14) days of the return.
Refunds shall expire, and Customer shall forfeit the refund amount, if the refund is not claimed within ninety (90) days of Company’s issuance of the refund.
Any product other than the above-described in-stock white cabinets, including but not limited to products that are used, damaged, in opened boxes, assembled, special ordered, clearance merchandise, remnants, material overage, excess materials, and materials marked “As Is” or “Final Sale,” may not be returned or cancelled, and under no circumstance shall any deposit for such products be refunded.
Customer shall not be entitled to any other refund or instore credit with respect to returned products.

LIMITED WARRANTY

Company hereby assigns to Customer any and all written manufacturer warranties applicable to the products furnished and/or installed by Company.
These product warranties shall be identified in a product warranty statement furnished by Company to Customer.
Company makes no warranties to Customer with respect to the products it furnishes and/or installs, and Company shall not be responsible nor liable to Customer for any defective products.
Customer’s sole recourse with respect to the products furnished and/or installed by Company shall be a direct claim against the manufacturer based on the warranties assigned herein.
This assignment shall be null and void if Customer fails to timely pay the Contract Price, or if Customer demands and receives a refund of any portion of the Contract Price.
Notwithstanding the foregoing, clearance merchandise, remnants, and materials marked “As Is” or “Final Sale” are sold without warranty and may not be returned for any reason.
Company warrants to Customer for a period of twelve (12) months that the installation of any products shall be performed in a commercially reasonable manner.
The start date for this installation warranty shall be the last date that Company performed the Work.
As an absolute condition precedent of any installation warranty claim, Company must receive written notice from Customer of the claim promptly upon discovery of the claimed defect but not later than the expiration of this installation warranty.
This installation warranty shall be null and void if Customer fails to timely pay the Contract Price, or if Customer demands and receives a refund of any portion of the Contract Price.
This installation warranty is not transferable and shall terminate immediately upon a conveyance, sale or transfer of the Work.
THE WARRANTIES SET FORTH HEREIN ARE EXCLUSIVE AND ARE IN LIEU OF All OTHER REPRESENTATIONS AND WARRANTIES—WHETHER WRITTEN, ORAL, DIRECT, INDIRECT, STATUTORY, EXPRESS, IMPLIED, OR ARISING FROM A COUSE OF DEALING, USAGE OR TRADE PRACTICE; AND INCLUDING ANY REGARDING THE LEGALITY, MERCHANTABILITY, SUITABILITY OR FITNESS FOR A PARTICULAR OR INTENDED USE OR PURPOSE WITH RESPECT TO THE WORK OR ANY OTHER MATTER WHATSOEVER—NOT SPECIFIED HEREIN.
NOTWITHSTANDING THE FOREGOING, TO THE EXTEND THAT THE GOVERNING JURISDICTION PROHIBITS OR RESTRICTS THE DISCLAIMER OR WAIVER OF THE FOREGOING WARRANTIES, THE SCOPE AND DURATION OF ANY REQUIRED WARRANTIES SHALL BE LIMITED TO THE FULL EXTENT ALLOWED BY LAW.

WARRANTY CLAIMS

Customer shall submit warranty claims to Company via email at support@topshelfcabinets.com. Warranty claims shall include: (1) Customer name and contact information; (2) Invoice or Service Agreement number; (3) the first and last dates that Company performed the Work; (4) a detailed description of the claimed installation defect; and (6) pictures of the claimed installation defect. Customer shall pay to Company a service deductible of $150.00 per warranty claim. Company and Customer shall schedule an inspection at a mutually agreeable date and time within a reasonable period of time after Company’s receipt of a warranty claim. If a meritorious warranty claim has been timely submitted to Company, then Company shall, in its sole discretion, either repair or re-install the defective Work or refund the cost of the defective Work. If the product originally installed is no longer available, then Company may select a comparable substitute product of equal quality. Minor color variations may exist between replacement product and the originally installed product and are not indicative of a defective replacement product. If Company refunds the cost of the defective Work, then all of the warranties set forth herein shall be immediately terminated, and Customer shall be solely responsible for the repair, replacement, and/or removal of any products installed, repaired, or otherwise related to the Work performed by Company.
The warranty period, as well as the  duration of any applicable manufacturer warranties, shall not be extended by any warranty work performed by Company.

LIABILITY LIMITATIONS

In no event shall Company have any liability to Customer, whether as a result of breach of contract, warranty, tort liability (including negligence), statute, common law, equity, strict liability or otherwise, and whether arising before or after the completion of the Work, for any indirect, consequential, incidental, liquidated, expectation, special, pecuniary, exemplary, or punitive loss or damage of any kind or nature whatsoever, including but not limited to damage to or loss of use of property, loss of profits or revenues, lost data or goodwill, and cost of purchased or replacement products, arising out of or in any way relating to this Agreement or the Work.
In addition, Customer agrees that any action against Company based in contract or warranty shall be commenced within eighteen (18) months of completion of the Work.
Customer also agrees that Company shall not be liable under any legal theory for any damage of any kind or nature whatsoever with respect to the following:

a. Dust. The installation process may generate a considerable amount of dust that cannot be contained to the Work area.
Company is not responsible for dust relating to or resulting from the Work.
Customer is hereby warned to take adequate measures to protect Customer’s belongings and health from dust.
b. Squeaks. Company cannot repair, and is not responsible for, existing floor squeaks, nor can Company guarantee that any attempt to repair such squeaks will be effective.
c. Walls & Baseboards.The condition of existing walls and molding is beyond Company’s control.
Accordingly, Company is not responsible for damage to walls or molding relating to or resulting from the Work.
Customer is responsible for any such damage and touchup work.
Customer is hereby warned to apply new paint and/or wallpaper after (rather than before) Company performs the Work.
d. Pre-existing Structural Issues.
Company is not responsible for concealed structural issues which may be discovered after commencement of the Work. If concealed structural issues are discovered, the Work shall be suspended until Customer remedies the structural issue.
e. Customer Responsibilities. Company is not responsible for claims or damages relating to or resulting from Customer’s performance or failure to perform, as applicable, any of the Customer Responsibilities set forth above.
Company is also not responsible for claims or damages relating to Company’s movement of Customer’s personal property.
f. Delays. Company is not responsible for claims or damages relating to or resulting from delays in the commencement and completion of the Work.
g. Product Use. Company is not responsible for claims or damages relating to or resulting from normal wear and tear, product misuse or abuse, product modification, improper product selection, non-compliance with any laws, or product misappropriation.
h. Product Variations. Company is not responsible for minor variations in the color, surface texture, finish and style of the products. Variations in color, grain, and other growth phenomena are a natural characteristic of wood.
Changes in color on finished wood can occur due to exposure to light and other environmental factors.
Similarly, wood species, grain, and porousness can contribute to the failure of finishes matching.
i. Hazardous Substances. Company is not responsible for damages relating to or resulting from the identification, detection, abatement, encapsulation or removal of mold, asbestos, lead based products or other hazardous substances.
j. Maintenance.
Company is not responsible for damages relating to or resulting from Customer’s failure to provide reasonable maintenance, including but not limited to cleaning and/or painting the materials.
k. Third-party Actions. Company is not responsible for damages relating to or resulting from the installation, removal, repair, reinstallation, painting, or adjustment of the Work by third parties, or from any other acts or omissions of third parties with respect to the Work.
l. Other Causes. Company is not responsible for any damage caused by occurrences beyond the control of Company, including but not limited to settlement of the building, failure of the structure (including foundations and walls), use of incompatible accessories, weathering, corrosive effects of salt air and chemical pollutants, fading, deterioration of caulking compounds, fire, flood, lightning, high winds, windblown objects, earthquakes, hurricanes, ice dams, icicles and/or ice storms, atmospheric conditions or weather of catastrophic nature as defined by the US Weather Bureau, other acts of God, intentional acts, unreasonable use, vandalism or pollution.

In addition, Company’s liability shall in all cases be limited to the amount of the Contract Price actually paid to Company for the Work giving rise to the claims asserted against Company.
Customer further agrees that Company’s officers, directors, shareholders, members, managers, affiliates, agents, attorneys, successors, and/or assigns shall not be personally liable for any claims or damages with respect to the Contract or the Work. Customer knowingly and intentionally relinquishes any claims or damages that are inconsistent with the liability limitations set forth in this Section of the Terms and Conditions.

INDEMNIFICATION

Customer covenants and agrees to indemnify, defend, protect and hold harmless the Company and its officers, directors, shareholders, members, managers, affiliates, agents, attorneys, insurers, successors and assigns from and against any and all claims, damages, actions, liabilities, costs and expenses resulting or arising from the acts or omissions of Customer, including but not limited to any breach of this Contract.

NEGATIVE STATEMENTS

The Parties acknowledge that customer reviews are sometimes utilized by customers for improper purposes such as to extract unjustified and unwarranted advantages, benefits and concessions from a company.
Accordingly, Customer covenants and agrees to never disseminate or publish, orally or in writing, a review relating to the Company, the Contract or the Work that is unlawful, defamatory, libelous, slanderous, harassing, abusive, obscene, or is clearly false or misleading.

COLLECTIONS AND DISPUTES

The Contract shall be governed by and construed in accordance with the laws of the State of Utah.
The venue for any judicial proceedings or other dispute resolution process shall be the county in which the Work is performed.
The prevailing party in any dispute relating to the enforcement of the Contract shall be entitled to recover its reasonable debt collection costs and fees of up to forty percent (40%) of the principal amount due and owing, as well as legal costs, restocking fees, and attorney fees, without regard to whether these costs and fees were incurred before or after the commencement of a civil lawsuit.

INTERPRETATION

The captions and headings contained herein are for convenience of reference only and shall not be construed as substantive provisions of the Contract.
The Contract shall be construed and interpreted as if drafted equally by all Parties hereto.
No course of prior dealings between the Parties and no usage of trade will be relevant to determine the meaning of or interpretation of any provision contained in the Contract.

SEVERABILITY

Each of the provisions of the Contract are independent of one another.
Any provision of the Contract found to be unenforceable shall be severed from the remaining terms and conditions, and the remainder of the terms and conditions shall be enforced to the full extent allowed in law or equity.
Any unenforceable provision of the Contract shall be re-written by a court or other tribunal interpreting the same such that it is then enforceable and most closely approximates the intent of the Parties.

WAIVER

No failure by Company to insist upon the strict performance of any covenant, duty, agreement, or condition of the Contract, or to exercise any right or remedy upon the breach thereof, shall constitute a waiver of any breach of the Contract.

ASSIGNMENT

The Contract inures to the benefit of and is binding upon the Parties and their respective successors and assigns.
Customer may not assign, delegate or otherwise transfer all or any part of Customer’s rights or obligations under the Contract without the prior written consent of Company, and any attempt to do so without Company’s prior written consent shall be null and void.

SHIPPING POLICY

Company’s Shipping Policy is expressly incorporated into these Terms and Conditions. 

WEBSITE TERMS OF USE

Company’s Website Terms of Use is expressly incorporated into these Terms and Conditions.

PRIVACY AND COMMUNICATIONS POLICY

Company’s Privacy and Communications Policy is expressly incorporated into these Terms and Conditions.

ENTIRE AGREEMENT

The Contract, including these Terms and Conditions and the documents incorporated herein, constitutes the entire understanding between the Parties hereto with respect to the subject matter thereof and supersedes all negotiations, representations, prior discussions, and preliminary agreements between the Parties hereto, whether oral or written.

MODIFICATION

The Contract may not be superseded, modified, waived, amended, or changed except by a written instrument signed by the Parties.

ADDITIONAL AGREEMENTS

Company may provide warranty repair and product discount membership services (“Other Services and Products”) through its website to Customer under the terms of a separate agreement (“Another Agreement”).
The terms and conditions governing your purchase and use of Other Services and Products are contained exclusively in the Other Agreement.
This Agreement shall not be deemed or construed to alter or amend the terms of any Other Agreement.

AUTHORITY

The individual executing the Contract expressly represents and warrants that s/he is authorized and has the right to bind the Customer identified in the Contract to the Contract, including these Terms and Conditions.

Dealer Policies

• As an authorized Top Shelf Cabinets dealer, it is your responsibility to communicate our policies, product information, order information, claim information, etc. to your customer.
  • Top Shelf Cabinets will not provide any details to your customer at any time nor will we be held responsible for any inaccurate information provided by you or your associates.
• All online resale of Top Shelf Cabinets products must be approved PRIOR to offering it for sale.
  • If online resale is approved by Top Shelf Cabinets, you are only allowed to resale on the website specified at the time of approval. Approval for resale on additional websites will need additional approval from Top Shelf Cabinets.
• Prior to publicizing your selling price, all dealers must adhere to the minimum advertised price as confirmed with your Top Shelf Cabinets representative.
• Top Shelf Cabinets reserves the right to monitor and modify dealer accounts as it applies to the company standards, (i.e. active status, eligible discounts, etc).

 

Order Processing & Payment

• Large quantities of a single item or larger orders may trigger a review process that will require Top Shelf Cabinets approval prior to proceeding.
• Full Payment is required before an order will be delivered. (This includes backorders and approved written add-ons).
• Payment can be made by Credit Card, Debit Card, or PayPal.
  • Top Shelf Cabinets cannot be held liable for payment methods that are not owned and/or managed by the dealer.
• Any order, or change, that is unable to be completed on the website, must be submitted in writing to billing@topshelf-cabinets.com. Such requests exclude the order(s) from standard lead times.
  • Once an order is in process, no changes can be made. Additional items can be processed online as a new order.

      Shipped Order Lead Time

• Express Advantage shipping is available for all flat pack orders and will ship within 7-10 full business days.
• Assembled orders are processed and shipped within 15 full business days.
• Flatpack warehouse pickup orders are processed and made available for pickup within 3 full business days.
• Assembled warehouse pickup orders are processed and made available for pickup within 7 full business days.
• RUSH ADVANTAGE ORDERS will be processed for an additional fee for flat pack orders ONLY. (All orders with rush services are subject to total item quantity review.) The “Rush Fee” only applies to warehouse processing time and does not apply to transit time to your destination.
• “Day One” starts on the NEXT full business day after the order is placed.

     Cancellation Policy

• There are no cancellations on special order products
• If Customer seeks to cancel the Contract more than three days (3) after executing the Contract but before commencement of the Work, then Customer shall pay to Company thirty-three percent (33%) of the Contract Price plus any applicable freight charges and restocking fees plus any amounts paid to government entities, such as filing fees or taxes, or to other third parties with a role in processing your order. Customers may not cancel the Contract after commencement of the Work.

Return Merchandise Authorizations (RMA)

• All returns must be authorized by Top Shelf Cabinets prior to return shipment.
  • For authorization, please send an email request to support@topshelfcabinets.com
• All items must be returned in original, unopened packaging, therefore NO RETURNS ON ASSEMBLED CABINETS OR SPECIAL ORDER PRODUCTS
• No returns on trims, moldings, fillers, panels, or sales tools.
• No returns on discontinued cabinet styles.
• QUALIFYING returns will incur a 33% RESTOCKING FEE.
• The customer is responsible for setting up and covering all return shipment costs
• Any returned product DEEMED UNSELLABLE WILL NOT RECEIVE  CREDIT.

 Backorders

• Top Shelf Cabinets reserves the right to activate or deactivate backorders for certain styles, colors, or SKUs at the company’s discretion.
• Backorder shipping fees are based on the estimated size of the order and are subject to change based on market rates and services.
• The backorder shipping fee only covers one shipment, the backorder will not be released until all items on the backorder have been replenished in the fulfilling warehouse.

 

Assembly & Modifications

• Assembly and limited modifications are available for warehouse pickup and freight shipped orders (from select warehouses) for additional labor and shipping fees as calculated by the website.
• A limited number of modifications are available ON FRAMED ASSEMBLED ITEMS ONLY, including:
  • Increased Depth
  • Decreased Depth
  • Prep for Glass: Route Door(s) & Finish Interior
  • Double Oven Conversion
• Modifications exempt the entire order from normal lead times and can take up to an additional 5 business days for completion.
• There are additional cost to the customer for modifications

Shipping & Delivery for in home deliveries

• All Cabinets will be delivered to garage or room on main level of home only
• Top Shelf Cabinets will open all boxes and have customer approve all cabinets with a signature on the delivery sheet to be in acceptable condition with no damage.
• Top Shelf Cabinets reserves the right to fulfill orders between multiple shipments from different distribution facilities, without prior notification to the customer and with no additional cost applied.

      LTL Shipping

• There is a 2-5 business day standard transit time with LTL carriers. Please account for at least one extra day for residential deliveries and deliveries requiring a scheduled delivery appointment.
• Shipping charges must be paid in full before shipping is scheduled (Orders exceeding standard LTL sizes are subject to additional fees for Full Truckload shipping).
  • This can be, but not always, identified by a $9999 shipping cost that is revised after your order has been reviewed for shipping.
• You will receive a tracking number by email the day after the order has shipped.
• All destinations must be tractor/trailer accessible, or Limited Access fees will be applied ($125).
• For residential deliveries and deliveries requiring an appointment, the freight company will contact you 24 hours in advance to schedule the delivery (usually a 3-4 hour window).
• Shipping charges cover ONE delivery attempt. The customer is responsible for any additional shipping and handling charges for delivery failure due to customer circumstances.

     LTL Delivery Policies

• The driver is only responsible for placing the pallet on the ground for deliveries that had lift gate services selected at the time of check out.
• Address classifications are based on city zoning, therefore it is possible to have a commercial property in a residential area. In this case the delivery would be considered residential, and subject to the residential delivery fees and conditions.
• A responsible party must be present to inspect, inventory, and sign off on the delivery.
  • You MUST notate if the number of pallets delivered does not match the number listed on the driver’s delivery receipt copy.
  • Careful inspection of packaging conditions is vital to file freight claims. Any visible damages must be noted on the paperwork when signing for the delivery, as well as documented with photos. Even if you are not sure if the contents inside contain damages due to the exterior’s condition, you MUST indicate on the delivery receipt to be able to claim concealed damages in the future.
  • Do NOT reject damaged items. The delivery should be accepted, with documentation of the damage, and a claim should be filed online. SEE IMPORTANT NOTES IN MISSING AND DAMAGED ITEMS SECTION TO FOLLOW.
• Regional delivery services are available in select markets. Rates and delivery services vary by market.

Warehouse Pick Up Orders

• Orders must be picked up within 10 business days of receiving the ready for pick-up email notification.
• After ten business days has passed, storage fees will begin to accumulate as follows:
  • $35/day per open order
• If storage fees are applied to your order(s), the order(s) will be released for pickup after any fees assessed are paid for in full.
• Orders placed for warehouse pick up are not palletized, wrapped, or strapped for shipping purposes.
  • If you are sending a delivery service that requires secure palletizing of products the order will incur additional packaging & labor fees and must be approved by Top Shelf Cabinets prior to pick up.
• For liability purposes, Top Shelf Cabinets will not help load warehouse pick-up orders without approval from the pick-up party.
• Orders must be picked up in safe and compatible conditions in accordance to the product and environment. Top Shelf Cabinets cannot be held liable for damage that occurs due to improper weather or equipment conditions.
• Top Shelf Cabinets will not accept transit damage claims on warehouse pick-up orders that are picked up and/or shipped with delivery services contracted out at the dealer’s discretion.

Replacements for Missing or Damaged Items (Including Concealed Damage)

• Top Shelf Cabinets has the final determination of resolution for any manufacturer warranty claims submitted. Solutions should be discussed with Top Shelf Cabinets management prior to being promised to the end customer.
• Blemishes or other damages not impacting the structural integrity of a cabinet will not warrant a full cabinet replacement. Top Shelf Cabinets reserves the right to provide alternative products or components as solutions.
• Freight claims for obvious damage or shortage can only be accepted when indicated on the delivery receipt.
• Freight damage claims must be filed within 3 business days. No claims will be allowed without the proper paperwork noting the damage at the time of delivery.
• To file a claim for damage please contact Top Shelf Cabinets management
• The following must be included to process the claim:
  • Order number
  • Buyer’s name
  • Shipping address for replacements
  • Brief description of damage or shortage, including item numbers and/or parts
  • Pictures of the damaged packaging and product are required to be eligible for full replacement.
• Upon receipt of the damage claim, we will review the request within 48 business hours.
• Expedited shipping service is NOT available for replacements and/or parts.
• All damages must be documented and reported upon opening the boxes.
  • Missing items must be reported within 5 days from delivery.
• Items that have been installed cannot be claimed as damaged and there will be no refund given
• Top Shelf Cabinets cannot be held responsible for any labor costs accrued during the installation of any of its products sold via any of its channels of distribution. This includes, but is not limited to, items that may be flawed or have become damaged in transit.

 

Marketing Policies

• Top Shelf Cabinets cannot be held liable for applicable marketing costs for marketing our products.
• Private labeling is done at the dealer’s discretion.
• The use of any images and sales materials in your private label marketing can be released by emailing info@topshelfcabinets.com

Display Policy

Top Shelf Cabinets  is happy to partner with our displaying dealers. We now offer a 50% credit on Top Shelf Cabinets products that are ordered and installed in a dealer’s showroom. Products can only be for display, not for functional use. Desks, bathrooms, breakrooms, etc. are not eligible for rebate.

Top Shelf Cabinets does not guarantee the accuracy of any third-party design software. This includes (but is not limited to) 2020 Design and ProKitchen Design software.