Terms and conditions of sales by
My Tailor-Made Kitchen

1. Pricing, payments, changes:

a. On request, My Tailor Made Kitchen will issue a free of charge floor plan and Quotation.  Upon acceptance this free of charge floor plan and Quotation, the following payment terms and procedure will apply:

i. Upon acceptance of the Quotation, My Tailor Made Kitchen will issue a 5% deposit invoice and request a signed and dated copy of the Quotation, stating "Lu et approuvé".  Upon payment of the 5% invoice, and receipt of the signed Quotation initiates the project, and all terms and conditions are in full effect.  

ii.  Elevation drawings will be created following the initiation of the project.  Changes can be made to the original Quotation and design if required, on receipt of written approval via email.

iii. Following approval of the elevation drawings My Tailor Made Kitchen will confirm a delivery date for the project.  If any changes have been made to the original quotation and design, an updated signed and dated Quotation will be required.  

iv. Approximately 6 weeks prior to the project's fabrication start date, My Tailor Made Kitchen will provide a 45% deposit invoice, totalling 50% of the total updated Quotation, to be paid prior to fabrication.  The 45% figure may be subject to change in accordance with any changes made to the original Quotation.

v. Upon completion of fabrication, My Tailor Made Kitchen will provide a 40% invoice, to be paid prior to delivery.

vi.  Upon completion of the project, the final 10% invoice is due.

d. There is no grace period for any balance that is not paid. Account balances not paid will incur a finance charge of 2% per month or the maximum permitted by law, whichever is greater, and a 2% flat fee of the balance will be applied. All returned cheques, for any reason, will incur a 50€ handling charge plus bank fees, per occasion, and must be replaced with a Cheque de Banque or cash. 

e. All prices shown in Quotations are to be confirmed 3 months prior to fabrication.

2. Extra Costs:

a. As long as our standard operating procedures are followed there will be no extra fees for the services provided. However, there are factors that could cause customer/s to incur extra fees. Please read and understand possible (but not limited to) areas of cost increases associated with services that we provide.

b. Site Conditions: If My Tailor Made Kitchen finds itself in a position where it may not measure the site for the proposed project in the condition in which the project is to be installed, due to restricted timelines or other restrictive situations, My Tailor Made Kitchen cannot be held responsible for any and all products that do not fit within the dimensions of the actual site.  Any additional charges incurred as a result of modifications to or reproductions of the products, necessary to make the project fit into the site, will fall under the customers responsibility.

c. Project Drawings: 2D drawings (floor plan and elevations) and revisions are included within the Quotation.

d. Production: Any changes to the project that are asked for or required by the client or site conditions after the Project Drawings have been approved may incur extra costs.

e. Installation: The estimated and allocated time allowed for installation are dependant on good site accessibility and proper site readiness to receive finished project.  If situations occur that are not My Tailor Made Kitchen's responsibility that result in the My Tailor Made Kitchen installation team needing more hours to complete the project as detailed in the Quotation, extra costs of 250€ per day per installer will be billed.

3. Scheduling:

a. My Tailor Made Kitchen will do its best to adhere to the following schedules, however; there are several situations including but not limited to the following that will affect all of the proposed target dates: site readiness, changing construction schedules, strikes, material availability, natural weather occurrences, health and family issues, pre-planned vacations or holidays or any other situations that are out of My Tailor Made Kitchen’s direct control. If My Tailor Made Kitchen is unable to meet any deadline, it will take all reasonable measures to complete each phase as quickly as possible.

b. Project Drawings will be started after My Tailor Made Kitchen has received specification dimensions from the client, or when My Tailor Made Kitchen has been able to measure the site in the same condition that the project will be installed.  The first set of Project Drawings will be sent out for approval by the customer/s within approximately 1- 2 weeks of the site measure, unless otherwise specified. Timelines may vary with the circumstances.

c. Upon approving and/or signing the Project Drawings provided to the client by My Tailor Made Kitchen, all items, parts and dimensions therein are final.  Any changes to the plan thereafter that differ from approved/signed Project Drawings will either incur change orders or completely new orders, as the situation calls.  Delays to previously agreed upon installation dates may ensue at the discretion of My Tailor Made Kitchen, as necessary.

4. Insurances:

a. My Tailor Made Kitchen employees are fully insured.  Information regarding our insurance policy is available on customer/s request at any time.

b. Any and all costs incurred for damage during storage (in case: provided by the customer and not My Tailor Made Kitchen), installation, or after completion that is not a direct result of actions by an employee of My Tailor Made Kitchen is the responsibility of the customer/s.  

5. Responsibilities:

a. My Tailor Made Kitchen is responsible for the following:

i. Providing all material and labor relating directly to completion of Quotation.

ii. Providing information to make the customer/s aware of any and all work that needs to be completed by others for the proper installation of the project prior to fabrication.

iii. Providing a list of all hardware and peripherals that are the customer/s responsibility to provide.

b. Customer/s are responsible for the following:

i. Providing My Tailor Made Kitchen with all information regarding pertinent electrical wiring, outlets and lighting, as well as all pertinent plumbing local to installation site, in the form of a blueprint or electrical/plumbing plan or equally detailed information.

ii. Providing My Tailor Made Kitchen with all information regarding appliances and electronic spec sheets.

iii. Providing My Tailor Made Kitchen with all information regarding the materials and finish dimensions that will be present on-site that are different from when the project is site measured by My Tailor Made Kitchen.

iv. Approving and signing all Project Drawings and Quotation, before My Tailor Made Kitchen will proceed with any project.  Upon approving and signing the Project Drawings provided to the client by My Tailor Made Kitchen, all items, parts and dimensions therein are final.

v. To have any and all work needed by other contractors completed prior to delivery.

vi. All scheduling and project management not directly relating to our estimate unless other arrangements are made in writing.

vii. Having available on-site bathroom facilities, electric and lighting at work area location.

viii. Provide My Tailor Made Kitchen with additional hardware (including handles, knobs, etc.) not provided and included in our estimate to be on-site or delivered to our premises prior to installation.

ix. Have all appliances related to the project on site on the day of installation. 

x. Have all specialist appliances installed by certified installers where required. 

xi. Unless specifically written out in estimate, ALL HARDWARE AND PERIPHERALS TO BE PROVIDED BY OTHERS.

xii. Any return trips to install customer/s provided hardware that is not available at time of initial installation, will be billed out at a rate of 125€ per half day per installer.

xiii. Informing My Tailor Made Kitchen of any alterations that may compromise our plan as approved with sufficient notice.

c. Only written correspondence is deemed credible for the purpose of communications regarding the project, including SMS and MMS.

6. Design Services: 

a. Design drawings by My Tailor Made Kitchen are included within the Quotation. Design drawings will include the following: Elevations and floor plans that will identify all critical dimensions, details, and location of appliances/electronic components. Anything not specifically addressed as being provided by My Tailor Made Kitchen on the drawings are not included.

7. Fabrication: 

a. All materials are guaranteed to be as specified in the Project Drawings. If the materials specified are not available, a substitute material of equal or greater quality will be used.

8. Delivery and/or Installation:

a. If site conditions do not allow for the delivery and/or installation of the project, an area that is safe, shielded from the elements, and climate controlled shall be provided on-site for storage. If conditions do not allow for the storage of product on-site, My Tailor Made Kitchen shall provide storage for a limited time, not to exceed 5 business days at no extra charge.

b. If storage needs to be provided past 5 business days, a storage fee of 1% of entire estimate amount will be billed per week. All storage fees must be paid in full prior to delivery.

c. Routes to areas where work is to be performed, and the area where work is to be performed are to be cleaned and cleared of all obstacles prior to installation by customer/s.

d. My Tailor Made Kitchen will take all precautions to not cause any damage to any surface. However due to the inherent nature of installation, My Tailor Made Kitchen will not be held liable for any minimal damage to paint, wall covering, floor covering and ceiling materials in installation area.

e. Whenever feasible, any machining needed for installation shall be performed outside of residence. However, if weather or site conditions do not allow for outside machining, an area shall be provided indoors.

f. My Tailor Made Kitchen will take all precautions to maintain a clean and safe work site during installation. Any and all debris due to My Tailor Made Kitchen's installation shall be removed from site and all areas used shall be broom swept and vacuumed. All cabinetry to be dry wiped. Final cleaning to be done by others.

g. My Tailor Made Kitchen will take precautions to limit the amount of dust on site. However due to the nature of machining wood products, some dust will be created. It is not the responsibility of My Tailor Made Kitchen to clean or pay for cleaning necessary due to dust residue. Any and all residual cleaning shall be the responsibility of others. My Tailor Made Kitchen, its employees and sub-contractors will do their best to leave work site in the same condition as before installation.

h. My Tailor Made Kitchen will take precautions to avoid damages to the electrical systems, wiring and plumbing local to our installations. However, if we are not informed by the customer/s as to the whereabouts of electrical or plumbing systems as described in “Responsibilities: 5.b.i” and no such systems could be found with our own detectors, repairs for damage to electrical or plumbing systems shall be the responsibility of others. My Tailor Made Kitchen, its employees and sub-contractors will do their best to avoid any such damages.

9. Snag List:

a. Upon completion of installation a representative of My Tailor Made Kitchen and the customer/s will inspect the work and a single written snag list will be made showing any and all work to be completed or corrected. Whenever possible this work shall be completed immediately. If conditions do not allow for the immediate completion of written snag list, this work will be completed as soon as possible. The customer/s shall not contract with any alternate contractor for the performance or completion of work within the scope of this contract or do the work themselves. The customer/s shall not claim a credit note or refund for the cost of completing an item stated on the written snag list. The customer/s will not occupy or use the stated work until and unless My Tailor Made Kitchen is first given reasonable notice and opportunity to correct the work stated on the written snag list. If the customer/s does contract with an alternate contractor to perform the written snag list work or otherwise completes the project without first affording the above-described opportunity to My Tailor Made Kitchen, or if the customer/s commences to use or occupy the space or work in area which My Tailor Made Kitchen performed work, the customer/s then agrees to accept all work "as is" and thereby waives any claim against My Tailor Made Kitchen under the terms of the contract, including warranty claims.

b. My Tailor Made Kitchen and customer/s shall review and confirm that the written snag list is complete. At this time, the balance and any extra fees are due.

10. Warranty:

a. My Tailor Made Kitchen products carry a 5-year warranty for workmanship and hardware under normal use.

b. My Tailor Made Kitchen has a warranty covering finish for 2-years. The warranty covers use under normal conditions.

c. All non-residential work has a 1-year warranty for all parts, labour and finishing.

11. General:

a. All our work is stored and processed in a climate-controlled environment to closely match the existing conditions of the average residence in our area. All new home construction with any type of heating and cooling system and any existing homes with forced air heat and/or central air conditioning should keep humidity and temperature at consistent levels before and after we deliver. We suggest running the heat and/or air conditioning as required for a minimum of 4 weeks before new cabinetry is installed, as large changes in humidity and temperature will affect the our cabinetry. This may cause movement and settling of framed structures and millwork, causing cracking or gaps to open between installed cabinetry and existing home structures, and within the materials themselves. Problems caused by this are not covered under our warranty and repairs will be charged on a time and materials basis at a minimum rate of 250€ per day.

b. Once project has been delivered and/or installed, the client shall sign off or confirm that our cabinetry is in pristine condition and working order at that time. It then becomes the client’s responsibility to protect the cabinetry from then on. My Tailor Made Kitchen is not responsible for the damage caused by others after this point in time. During future visits from My Tailor Made Kitchen, any damages to items installed by us prior will be catalogued and signed off by the client as inflicted by others. A price and timeline to replace parts damaged by others can then be discussed at a future time. This clause applies especially to projects where several trades (plumbers, electricians, general contractors) are trafficking the installation site.

12. Hardware:

a. We use only the finest hardware available. All hardware provided by My Tailor Made Kitchen has a warranty covering parts and labour for a full 5 years. In addition, any extended warranty offered by manufacturers is in effect. The warranty covers use under normal conditions.

13. Wood and wood substrates:

a. We order and use only the finest wood materials available. We also go the extra step and handpick all material for the best grain and colour match possible. However, there will be variations of wood grain, pattern, and colour because wood is a natural material. Variations in wood grain characteristics and colour and wood type, specific grain imperfections, such as small knots are not considered a defect.

b. Due to the natural expansion and contraction of solid wood and wood substrates light warping, shrinking and expanding might occur and is deemed tolerable.

14. Finishing:

a. We use only the finest finishing materials available. Our materials and techniques make for a very durable finish that is highly resistant to moisture, chemical, and light exposure. Typically finishes turn slightly amber and wood darkens or lightens from the effects of light over time. Colour changes over time are not considered a defect.  Also, veneers may finish differently from solid woods. My Tailor Made Kitchen uses the best techniques that we have mastered through the years to keep all finishes as consistent as possible. Variations in product due to finishing technique are not considered a defect.

15. Intellectual property:

a. My Tailor Made Kitchen exclusively owns all intellectual property rights to all logos, images, photographs, videos, information and texts and content, contained on website, social media, documentation and correspondence. It is therefore forbidden, unless permission is requested and granted in writing, to replicate, copy or use our intellectual property in any way.

In the event of unlawful use of our intellectual property, you and all parties responsible are liable for the criminal and civil penalties stipulated by law, particularly articles L335-2 et seq and L716-9 et seq of the French intellectual property code.

16 Legal:

a. These terms and conditions are binding to My Tailor Made Kitchen and the customer/s and all parties who lawfully succeed to their rights or take their places.

b. These terms and conditions contain the entire agreement of My Tailor Made Kitchen and customer/s and may not be changed except in writing signed by all the parties involved.

c. If any part of these terms and conditions are found to not be legal or binding, the remainder of terms and conditions is still binding and in full force on all parties involved.

d. If at any time during the course of fulfilling a contract, there is a situation of which all parties cannot agree, all parties will do all things reasonable to remedy the conflict of opinion without involving 3rd.

e. If a conclusion cannot be reached that is acceptable to all parties involved, all parties involved agree to send their conflict of opinions to arbitration first.

f. If and only if the opinion reached by the arbitrator is not acceptable by all parties, then the situation shall be taken further.

g. If the conflict of opinion leads to a court hearing or the need to involve legal counsel, the losing party agrees to pay all damages plus winning parties legal fees.