(M W design)

TERMS AND CONDITIONS

Thank you for allowing us the opportunity to serve you! Our goal is to help you create a space that reflects your taste and your lifestyle – a place that you love to be in! Yet interior design is personal; it is a subjective art and science. Thus, while we are excited to provide guidance and make recommendations, all decisions are ultimately up to you, the Client.
The services offered by M Wilcox Design broadly consists of interior design and purchasing, described in more detail below. Also included is M Wilcox Design fee structure as well as additional terms and conditions of this Agreement.

1. INTERIOR DESIGN SERVICES

General Description of Interior Design Services. Interior design is a broad category of services. The specific services to be provided by M Wilcox Design, if different from the list of general services below, will be detailed in writing between the Client and M Wilcox Design prior to engagement. These services (the “Design Services”) may include:

  1. Initial Assessment. The Initial Assessment includes, but is not limited to, conducting research; identifying and analyzing the needs and goals of the Client; assessing the existing environment; and evaluating project resources and limitations. A successful design requires the teamwork of both the Client and M Wilcox Design; interviews with the Client or family members will help M Wilcox Design fully understand the goals for the use and desired outcome.
  2. Conceptual Drawings. M Wilcox Design, if appropriate, will provide conceptual drawings, CAD diagrams, or other illustrations and/or materials to generally show the suggested interior design concepts, including both space and/or floor plan specifications and furniture, furnishing, fixture, textile, and/or accessories specifications (the “Design Board”). However, M Wilcox Design does not provide architectural or engineering services and cannot be held liable for designs used for such purpose.
  3. Merchandise Specification. Furniture, furnishings, fixtures, textiles, accessories, and building materials (collectively referred to as Merchandise) are an integral part of the design process. M Wilcox Design works with the Client in narrowing the selections based on the Client’s desired scheme. M Wilcox Design will assist the Client in finding the appropriate pieces and selecting textiles and finishes that complement the overall design concept. For E-Design customers, Recommended Merchandise specifications can be provided to facilitate your purchase of such recommended items and most recommended Merchandise will be items the Client can order online or at local furniture dealers. M Wilcox Design can also provide Purchasing Services as defined below.
  4. Design Disclaimer. M Wilcox Design cannot be held responsible for designs that may later be undesirable or cause inconvenience. The Client understands that all interior designs, including those provided by M Wilcox Design, may represent the opinion and tastes of the designer as the designer interprets the Client’s goals and wishes.
  5. Ownership of Designs. All concepts, drawings, and specifications prepared by M Wilcox Design (Design Documents) and all copyrights and other proprietary rights applicable thereto remain at all times MW Design’s property. Design Documents may not be used by Client for any purpose other than completion of project by M Wilcox Design; if the nature of the project requires engagement by Client of any contractors to perform work based upon M Wilcox Design concepts, drawings or interior design specifications, the Client will enter into contracts directly with the concerned contractor after obtaining written approval from and paying and paying such design fee to M Wilcox Design.
  6. Subcontractor Responsibility. M Wilcox Design works with a number of contractors and installers and is happy to provide a referral without charge. M Wilcox Design may also meet with contractors and installers for estimates and to review the contractors’ and installers’ work to determine whether the work is proceeding in general conformity with M Wilcox Design concepts. This is a courtesy to the Client and is not a part of M Wilcox Design duties. M Wilcox Design does not oversee or observe contractors’ work. M Wilcox Design is not responsible for the performance, quality, timely completion or delivery of any work, materials or equipment furnished by contractors. Finally, M Wilcox Design will not intermediate disputes between the Client and recommended contractors or installers.
  7. Fees
  1. Wilcox Design charges a flat, fixed fee for Design Services. The scope of the Design Services shall be defined in the Statement of Work and at the fee agreed upon by the parties. Should the Client require additional services beyond the original scope of work, the parties shall enter into a supplemental Statement of Work documenting the additional scope of work and fees, if any.
  2. The project fee contemplates up to three meetings with the Client: initial consultation, presentation and installation. All additional visits will be billed a trip charge of $85.00 per hour.
  3. The project fee includes M Wilcox Design a Design Board as well as one modified Design Board. A fee of $95.00 per hour will be applied if additional modifications are required.
  4. The fixed project fee will cover all project Interior Design Services, but does not cover incidental expenses which must be reimbursed by the Client (samples, copy fees, etc.).

2. PROJECT MANAGEMENT

Managing the Design Project. M Wilcox Design is available to project manage design remodels that are purchased thru M Wilcox Design at the request of the client. Remodels can be stressful and cumbersome. For this reason, M Wilcox Design is available to manage the process for a fee. As project manager, M Wilcox Design:

  1. Provides quality control and design execution to ensure the project is delivered on-time and on-budget by overseeing the work and communicating directly with the contractors;
  2. Provides updates to you, the Client; and
  3. Distributes payment to contractors. If Client elects to pay contractor via credit card, a fee of no less than 2.5% (depending upon the credit card) of the total charge will be assessed.

3. PURCHASING SERVICES

  1. Definition of Purchasing Services. Purchasing Services is the purchase of Merchandise by M Wilcox Design for the Client.
  2. Purchase Pre-Approval. Merchandise to be purchased though M Wilcox Design will be specified in a Purchase Order (PO) email by M Wilcox Design and submitted for the Client’s written acceptance (email reply is acceptable). Each PO will identify the item, its price, and estimated freight cost to the Client (if available). A PO may be sent in the form of a pro forma Invoice. 
  3. Freight Charges. Freight charges are often not available at the time of order. If they are not available, the Client agrees to pay applicable freight, even if they were not included in the PO or pro forma invoice.
  4. Sales Tax. In most cases, M Wilcox Design will collect sales tax. If sales tax is not collected it will be the responsibility of the Client.
  5. Purchase Deposit. No item will be ordered by M Wilcox Design until the PO acceptance has been received by M Wilcox Design and payment and/or deposit has been received as follows:
    2. Orders under $10,000 requires payment in full.
    3. Orders over $10,000 requires a deposit of 80%; the remaining 20% is due no less than three days prior to installation.
    4. Standard (Non-Custom) Merchandise, requires a50% deposit; the remaining 50% is due no less than three days prior to installation.
    5. Custom Merchandise requires payment in full.
  6. Delivery. To better assist our Clients, merchandise is typically shipped directly to M Wilcox Design and we will deliver the Merchandise, at no additional fee, once all Client’s Merchandise has been received. Upon receipt of Client’s Merchandise, M Wilcox Design will contact you to schedule a delivery date. Such delivery date must be scheduled to occur within two weeks of notification from M Wilcox Design. Thereafter, a storage fee of $30 will be assessed for each day that the merchandise is stored by M Wilcox Design.
    If Client requests multiple deliveries, a fee of $129 will be applied for each subsequent delivery.
  7. Installation. At M Wilcox Design, we love happy clients. That is part of the reason we deliver your Merchandise and set it up the way you want it. Thus, please ensure all components are disconnected and the space accessible. However, we are not installers, electricians or plumbers. For this reason, we are unable to install and wire, for example, wall mounted televisions and surround sound systems. For the same reason, we cannot hook up washer or dryers, dish washers, stoves or dishwashers. Please contact a professional for these services.
  8. Damage to Merchandise. You do not have to settle for damaged Merchandise! While we inspect all Merchandise for damage, Client shall also inspect Merchandise and advise MW Design of any damaged or non-conforming Merchandise within 48 hours of delivery. Client will email M Wilcox Design a picture of the damaged Merchandise. M Wilcox Design will order a replacement for the damaged Merchandise. M Wilcox Design reserves the right to fix or replace damaged piece at no additional cost to the Client. In either case, the Client will not be responsible to pay any additional freight costs.
  9. Returns of Standard (Non-Custom) Merchandise. Client may return Merchandise purchased through M Wilcox Design. Any such return must be made within 72 hours of delivery. Should the client return any Merchandise purchased through M Wilcox Design for reasons other than damage, the client will receive an 80% refund of the Client Price. A restocking fee equal to 20% of the Client price is required plus the cost of freight to return the item to the vendor. All returns must occur in the original packaging, and all merchandise must be unused and undamaged in its original condition.
  10. Custom Merchandise is Non-Refundable. All sales of custom merchandise are final and non-refundable.

 

4. ADDITIONAL TERMS AND CONDITIONS OF THE AGREEMENT 

  1. Payment. Payment may be made by cash, check or charge (we accept all major credit cards). However, we do require either a credit card or debit card to be on file with us, authorizing M Wilcox Design to charge the card to settle your account in the event of outstanding balances. We will obtain preauthorization on your credit or debit card at the time your order is placed. When the item ordered is verified to be in stock and scheduled to ship, the preauthorization amount will be replaced by an actual charge debited from your card.
  2. Late Payments. Any amount not paid when due under this Agreement shall bear interest at the rate of 1% per month until paid. In addition to all other legal rights, M Wilcox Design shall be entitled to withhold delivery of Merchandise or the further performance on Interior Design Services should the Client fail to timely make payments due to M Wilcox Design.
  3. Estimates. Any estimates or proposals are only for the purpose of informing the client of the potential cost of Merchandise or services. It is understood and agreed that such estimates are not binding, and actual costs or fees may be more or less.
  4. Project Access. Client will provide M Wilcox Design with access to the project and all information M Wilcox Design may need to complete the project. Failure to do by theClient provides M Wilcox Design the right to terminate the Agreement and collect outstanding balances.
  5. Photography Consent. As M Wilcox Design requires a record of M Wilcox Design projects, Client will permit M Wilcox Design or representatives to photograph the project upon completion of the project. M Wilcox Design will be entitled to use photographs for M Wilcox Design business purposes but shall not disclose the project location or Client’s name without Client’s prior written consent.
  6. Agreement Termination. This Agreement may be terminated by either party upon the other party’s default in performance, provided that termination may not be effected unless written notice specifying nature and extent of default is given to the concerned party and such party fails to cure such default in performance within 30 (thirty) days from the date of receipt of such notice. Termination shall be without prejudice to any and all other rights and remedies of M Wilcox Design and Client shall remain liable for all outstanding obligations owed by Client to M Wilcox Design and for all items of Merchandise, Interior Designs Services, and other services on order as of the termination date. Termination shall not void any existing POs, and client shall continue to be responsible for any obligation incurred prior to the effective date of termination.
  7. Dispute Resolution and Jurisdiction. The exclusive jurisdiction for any controversy or claim arising out of or relating to this Agreement, or breach thereof, shall be Collin County, Texas. The laws of the State of Texas shall govern this Agreement. In the event M Wilcox Design hires an attorney to enforce any right under this Agreement, Client shall reimburse M Wilcox Design for all such attorney fees and expenses, regardless of whether or not a suit is filed.
  8. Limit of Responsibility. M Wilcox Design shall not be responsible or liable for required permits, HOA approvals, governmental approvals, engineering, architectural services, manufacturing defects, acts of God, delays or actions of third parties.
  9. Remaining Provisions. Any provision of this Agreement held to be void or unenforceable under any law shall be deemed stricken and all remaining provisions shall continue to be valid and binding upon both M Wilcox Design and the Client.

 

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MW Design

2081 Hutton Dr Suite 301,

Carrollton, TX 75006

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