Terms and Conditions of Custom Closet System Sales 

 

  

The following Terms and Conditions of Custom Closet System Sales govern your purchase, design, and installation of a custom closet system from City Furniture, Inc. (“CITY”). By engaging in the measurement, design, or installation process, you agree to be bound by these terms. These terms outline the responsibilities, payment obligations, and conditions related to any custom closet system purchase and installation from CITY, and supersede and replace any conflicting terms and conditions found elsewhere, including, but not limited to, CITY’s website, in-store materials, or sales documentation related to other products or services. 

 

1. Initial measurement 

An initial measurement fee of two-hundred dollars ($200) is required to schedule the on-site measurement for your custom closet system design, which will be used to create your custom design proposal. This fee will be credited in full toward the final purchase price of your closet system upon acceptance of the design proposal. The measurement fee is non-refundable if you choose not to proceed with the purchase. 
 

2. Payment Terms 

  • Design and Deposit 

  • After measurement of the site, and upon completion and your acceptance of the custom closet system design, a 50% deposit of the estimated total order cost is required to place your order and proceed with manufacturing. 

  • The 50% deposit is non-refundable forty-eight (48) hours after your design proposal is approved. 

  • Final Payment and Delivery 

  • The remaining 50% balance of your order is due upon delivery of the custom closet system to CITY’s warehouse, at which time installation will be scheduled. 

  • Payment must be completed in full prior to installation. 

  • Cancellation. If you cancel your order at any time after the 50% deposit has been made, CITY will retain the deposit in full. If CITY cancels or is unable to fulfill your order (for example, due to a discontinued material or manufacturer issue), CITY will refund 100% of any amounts you have paid. 

  • Estimated Delivery. Delivery of your custom closet system to CITY’s warehouse is estimated at five (5) to nine (9) weeks from deposit, depending on product and manufacturing schedules.  

  • Storage Fee. If your custom closet system arrives at CITY’s warehouse and you are not ready for delivery/installation, a storage fee of 1% of the total order cost per week will apply for each week (or partial week) storage continues. 

  • Rescheduling. You may reschedule your installation appointment only if you notify CITY at least forty-eight (48) hours prior to the agreed installation date. Rescheduling requests made within forty-eight (48) hours of the scheduled installation date may not be accommodated and may be treated as a postponement under Section 7 below. 
     

3. Site Conditions 

  • CITY’s custom closet system materials are typically installed level and square. You acknowledge that site conditions (e.g., walls, floors, ceilings that are not plumb, level, or square) may result in gaps within industry standard tolerances. 

  • Additional trim to cover such gaps is not included in the standard installation and may be purchased separately at an additional cost. 

  • Any desired wall preparation (beyond the scope outlined in Section 4 below) will be your responsibility. 

  • All measurements, designs, and installations are subject to the conditions of your property. Any unforeseen structural issues discovered during installation may result in additional charges, which will be communicated prior to proceeding. For the avoidance of doubt, CITY is not responsible for, and these terms do not include, any electrical modifications, plumbing modifications, HVAC relocation, or permitting responsibility associated with your installation; any such work is solely your responsibility. 

  • Measurement Accuracy. If a discrepancy between CITY’s on-site measurement and the manufactured custom closet system is discovered prior to installation, and the discrepancy is the result of an error by CITY in taking the original measurement, CITY will remeasure the site and reorder the affected materials at no additional cost to you. 

  • Pre-Installation Photographs. CITY may photograph the installation site before beginning work to document existing conditions. By proceeding with installation, you agree that the site condition reflected in such photographs is accepted as-is unless you note a specific concern to CITY’s installation team in writing prior to the start of installation. 
     

4. Removal and Preparation 

  • The existing closet system (wire shelving, built-ins, or other semi-permanent obstructions) will be removed by CITY’s third-party contractor prior to installation of your custom closet system. 

  • Any visible screw or nail holes left in the site walls from the removal of the existing closet system will be patched at the time of the removal of your existing closet system to ensure a clean finish for installation. 

  • *You acknowledge that standard drywall compound may require 6 to 48 hours to completely cure depending on the size of the hole patched and the type of compound used. Any sanding, priming, and painting of these patches will be your responsibility. 

  • Unless specifically noted on designs, CITY’s custom closet systems do not include solid, enclosed backs. You may choose to prepare and paint the site prior to scheduled installation; however, CITY shall not be responsible for any cost or inconvenience associated with damage, injury, delay, or rescheduling should you choose to do so. If CITY’s installation team, in its sole discretion, elects to sand and paint all or a portion of visible patches to prepare for installation, CITY will provide and apply the paint at no additional cost to you. Any sanding, priming, or painting undertaken by you prior to CITY's arrival remains solely your responsibility. 
     

5. Site Accessibility 

  • You are responsible for ensuring the installation site is accessible and clear of all obstructions on the scheduled installation date. 

  • Your installation site must be emptied of all personal possessions prior to installation. You are also responsible for removing your existing closet system, if not being removed by CITY under Section 4 above, and creating a fully empty installation space prior to the scheduled installation date. 

  • Failed Access / Redelivery Fee. If the installation site is not accessible, not emptied of personal possessions, or otherwise not ready for installation on the scheduled date, CITY may be unable to complete installation, and you will be responsible for a redelivery fee of $399 to reschedule the installation appointment. 

  • Installation dates and time windows provided by CITY are estimates only and are not guaranteed. 
     

6. Design Changes 

  • Any changes to the approved design after your deposit is made will incur the additional cost of new or additional materials and may result in delays to the project timeline. 

  • Changes to the installation space after CITY’s measurement of same (e.g., structural, electrical, or HVAC), may require alterations to the approved design and materials, and will be considered a design change requiring payment of the cost of new or additional materials and may result in delays to the project timeline. 

  • Production and/or installation will be automatically paused upon identification of a needed design change until the revised design, associated costs, and any revised timeline are approved by you in writing. CITY is not responsible for delays resulting from this pause. 
     

7. Installation postponement 

  • You must notify CITY at least forty-eight (48) hours prior to your installation date with regard to any need to reschedule installation. 

  • Postponements will likely result in delays to the original project timeline, subject to the availability of CITY’s installation team. 
     

8. Liability and Warranties 

  • CITY is not responsible for damage to your custom closet system caused by improper site conditions, your negligence, or your failure to adhere to these terms and conditions. 

  • Industry-standard tolerances for gaps due to site conditions are not covered under warranty. 

  • Any warranties provided with your custom closet system will be outlined in a separate warranty document provided at the time of purchase. 

  • Property Damage. CITY will use reasonable care during installation. If CITY’s installation team causes direct physical damage to your home (e.g., walls, floors, or other existing property) as a result of its negligence, CITY will repair such damage or reimburse you for reasonable repair costs, subject to the Limitation of Liability below. 

  • Defective Materials. If a material defect (e.g., a damaged panel) is identified at the time of installation, CITY will, at its discretion, either (a) ask that you retain the affected material and provide you with a credit, or (b) replace the defective material. 

  • Post-Installation Alterations. All warranties are void, and CITY is not responsible for any resulting damage, if, after installation, your custom closet system is removed by a party other than CITY or its authorized contractor, or if the closet system is painted. 

  • Wall Bed (Murphy Bed) Mattresses. If your custom closet system includes a wall bed (Murphy bed) unit, CITY is not responsible for any injury, damage, or malfunction resulting from the use of a mattress not purchased from CITY, including any issues related to the mattress's weight, thickness, or fit with the wall bed mechanism. Use of a non-CITY mattress with your wall bed unit is at your own risk, and any applicable warranty on the wall bed mechanism may be voided as a result. 

  • Limitation of Liability. To the maximum extent permitted by law, CITY’s total liability arising out of or relating to your purchase, design, or installation of a custom closet system shall not exceed the total amount paid by you for the applicable order, and CITY shall not be liable for any incidental, consequential, special, or indirect damages, including loss of use or loss of time, even if CITY has been advised of the possibility of such damages. 
     

9. General Terms 

  • All matters arising out of or relating to these terms and conditions shall be governed by the laws of the State of Florida applicable to contracts to be performed wholly therein, regardless of place of acceptance. By scheduling your initial measurement, you hereby submit to the jurisdiction of the state and federal courts residing in Broward County, Florida, for all claims arising hereunder or related to these terms and conditions, and irrevocably agree to service of process by certified mail, return receipt requested, to your address provided to CITY at the time of scheduling the initial measurement.   

  • In the event of any dispute between you and CITY related to or arising from these terms and conditions, the prevailing party shall be entitled to recoup its costs, including reasonable attorneys' fees, in addition to any damages or other relief to which it may be entitled. 

  • CITY is not liable for delays caused by factors beyond its control, including, but not limited to, supply chain disruptions, weather conditions, or site access issues .(each, a “Force Majeure Event”), including but not limited to acts of God, fire, flood, labor disputes, government action, or transportation disruptions. CITY will notify you within a reasonable time of any Force Majeure Event affecting your order. If a Force Majeure Event delays performance for more than sixty (60) consecutive days, either you or CITY may terminate the affected order upon written notice, in which case you will receive a refund of any amounts paid that have not already been incurred by CITY in manufacturing or procuring materials for your order. 

  • Photography and Marketing. CITY may photograph or video your completed installation for CITY’s internal records, quality assurance, and marketing or portfolio purposes. CITY will not include identifying information about you (such as your name or address) in any external use of such images without your separate consent. 

  • Privacy. Personal information, site photographs, and measurements collected during the measurement, design, and installation process will be handled in accordance with CITY’s Privacy Policy, https://www.cityhome.com/company/privacy-policy 

  • These terms and conditions and any related document issued by CITY (e.g., your custom design plan and any sale document[s]) constitute our entire agreement related to your purchase of a custom closet system from CITY, and shall revoke, replace and/or otherwise supersede any prior agreement (written or oral) between us. Changes to same shall only be effective if in writing and signed by an authorized CITY associate. 
     

10. Acceptance 

By proceeding with the measurement, design, or installation process, you acknowledge and agree to be bound by these terms and conditions, including by checking the acceptance checkbox presented within CITY’s ClosetPro design software at the time you accept your design proposal, which constitutes your electronic acceptance of these terms and conditions in full.