CUSTOM ORDER TERMS AND CONDITIONS

ARTICLE 1: INTRODUCTION

Eny Lee Parker LLC NYC dba Eny Lee Parker (“Eny Lee Parker”) is willing to provide Buyer with a custom or made-to-order piece of furniture or custom or made-to-order household product (“Custom Product”). Buyer’s order of the Custom Product, the Custom Product and/or information offered by Eny Lee Parker is governed by the following terms and conditions (the “Terms and Conditions”). By ordering the Custom Product (“you” or “Buyer”) consent to be bound by these Terms and Conditions and acknowledge your agreement to its terms. If you do not agree to be bound by these Terms and Conditions, you may not order the Custom Product. 

Please read the Terms and Conditions carefully, because it is a legal contract and imposes obligations on you as the Buyer. 

ARTICLE 2: CUSTOM ORDER 

You are purchasing the Custom Product and will own the physical copy of the Custom Product. Apart from the physical copy you will own, Eny Lee Parker retains all other ownership rights in the Custom Product including but not limited to all copyright, patent, trade secret, trademark, moral, termination, authorship, right of publicity, and other proprietary rights (collectively, “Intellectual Property Rights”). You may not reproduce or make derivative works of the Custom Product, or any portion thereof, in any way or in any format now known or hereafter developed.  

You will pay the nonrefundable down payment in the amount of fifty percent (50%) of the price of the Custom Products (“Custom Product Price”) at the time of the order (“Non-Refundable Deposit”). Quotes for Custom Products are valid for thirty (30) days unless otherwise agreed to by the parties in writing. The remaining fifty percent (50%) of the Custom Product Price along with taxes, shipping, handling, crating, storage and packing fees (“Final Payment”) will be paid before the Custom Products are shipped to you. A service charge will be imposed on any portion of the invoice that remains unpaid for thirty (30) days or more after receipt, at the highest amount permitted by law. Buyer will be liable for all costs, expenses and fees, including reasonable attorneys’ fees, incurred by Eny Lee Parker in collecting any monies due hereunder.

It is the Buyer’s responsibility to inspect the Custom Product upon receipt and confirm that it is free from damage and defects in materials and workmanship. You have fifteen (15) days from receipt to notify Eny Lee Parker of the non-conformance of the Custom Product. Failure to make any claim against Eny Lee Parker within such 15-day period shall constitute acceptance of the Custom Product and a waiver of said defects, shortages, errors and other claims. Due to the construction of Custom Products by hand and the nature of the materials used in construction, you understand and agree that the dimensions of your Custom Product may vary. You assume the risk that your Custom Product will have slight differences in the finish, color, tone, graining, or precise measurements from the ones depicted by Eny Lee Parker on its websites, showroom samples, tear sheets, photographs, and other advertising provided to you. Hand-made products are irregular by nature.

ARTICLE 3: ORDERING PROCESS

Prior to production of the Custom Product Eny Lee Parker must be in receipt of 1) the Non-Refundable Deposit 2) pertinent details provided by Buyer, 3) Buyer’s approval of all specifications, and 4) receipt of all material (COM, COL, trim, hardware, etc.) provided by Buyer. Eny Lee Parker will send Buyer an order confirmation. If there is any discrepancy in the order confirmation, Buyer must advise Eny Lee Parker in writing within (10) ten days from the date of order confirmation. Eny Lee Parker accepts no responsibility for items shipped to locations other than the location set forth on the order confirmation. Typical production time (not including shipping) is eight to twelve weeks from the sending of the order confirmation.  

Eny Lee Parker will notify Buyer the date the Custom Product will be available for shipment and provide Buyer with photographs of the Custom Product. If Buyer is unwilling or unable to accept delivery of the Custom Product, Eny Lee Parker may transfer the Custom Product to storage. Buyer is responsible for the cost of such storage and shall bear the risk of loss or damage to the Custom Product during storage, as well as during delivery of same. A $200 monthly storage fee will be charged if not picked up within sixty (60) days from the date of invoice for final balance due. 

ARTICLE 4: SHIPPING PROCESS

Prior to placing an order, the Buyer must verify that the Custom Product is capable of being delivered to the designated destination (e.g., will fit in an elevator, upstairs, around corners, etc.) Custom Products will not be accepted for return for failure to verify moving dimensions. 

Upon receipt of the Final Payment, Eny Lee Parker will prepare the Custom Product for shipment. Unless Eny Lee Parker is otherwise notified by Buyer’s written instructions, freight arrangements shall be made by Eny Lee Parker on Buyer’s behalf. All such delivery, packing, crating, shipping, insurance, applicable taxes, and similar charges are in addition to the stated purchase price unless noted. All charges are proforma and will be included on the final balance due notice. If the customer chooses to manage their own freight and delivery, Eny Lee Parker must be notified of the specific details of the movement.   Buyer’s specified freight is responsible for inspecting, packaging, and retrieving the Custom Product from an address specified by Eny Lee Parker.  The fee to move the product from Eny Lee Parker to a terminal for “Buyer’s own” pick-up will be added to the balance due. All products are moved through a Bill of Lading (BOL). Please note that the location of the pick-up by Buyer or Buyer’s agent may trigger sales tax responsibility at that location. 

Buyer should use a qualified receiving warehouse to receive, inspect, consolidate deliveries and facilitate in-home installation. Eny Lee Parker will recommend a receiver for Buyer if requested. All crated goods would go through a professional receiver such as a receiving warehouse. A receiving warehouse acts as an agent for Buyer and is responsible to note any damage and assist the owner with filing a freight claim when any damage is found. A signature on the BOL upon receipt of the product confirms that the products are received in good condition unless an exception is made on the BOL. 

Title of ownership to the physical copy of the Custom Product passes to Buyer upon Eny Lee Parker’s delivery to the freight carrier (unless otherwise specified). Eny Lee Parker is not responsible for damage after the Custom Product has been accepted in good order by the shipping company nor is it responsible for damage sustained in transit. If damage is noticed when unpacking, notify the delivery company immediately for inspection and take photographs of the damages. All visible damage should be noted by the recipient on the freight bill before it is signed by the recipient and the delivery company if possible. If the driver must “drop and dash,” the receiver should note on the BOL that any concealed damage of boxes or crated products will be the responsibility of the carrier or Eny Lee Parker as determined upon inspection of the Custom Product. Full inspection of the Custom Product must occur within 48 hours of delivery and all freight claims must be filed as soon as possible and in accordance with the carrier’s time limits. Do not destroy packing materials until they are inspected. Claims for such damage or loss must be made by Buyer directly to the freight carrier. Goods damaged in freight cannot be refused by Buyer. Obvious or subsequently discovered damage must be reported in writing to the carrier in accordance with the applicable regulations and time limits. If a damaged Custom Product is returned to Eny Lee Parker without Buyer first having contacted the shipping company for inspection, Eny Lee Parker will not be able to assist Buyer. Shipments returned to Eny Lee Parker without Eny Lee Parker’s consent in writing will be refused and either re-delivered or stored at Buyer’s expense. 

ARTICLE 5: LIMITED WARRANTY

Eny Lee Parker expressly warrants that the Custom Product is free from defects in materials and workmanship subject to the exceptions and limitations contained herein. Eny Lee Parker shall, at its discretion, repair or replace a Custom Product with a defect in materials or workmanship on a case-by-case basis following the Buyer’s purchase. The original buyer must contact Eny Lee Parker in writing with proof of purchase including a clear, detailed description of the issue with the Custom Product.

This warranty does not apply to defects in materials or workmanship or damages resulting from repairs or alterations which have been made or attempted by others. It further does not apply if the damage is due to normal wear and tear, abuse, improper maintenance, neglect or accident or caused by use of the Custom Product for activities other than normal household activities. 

NO WARRANTY, ORAL OR WRITTEN, EXPRESSED OR IMPLIED, OTHER THAN THE ABOVE WARRANTY IS MADE WITH REGARD TO THE CUSTOM PRODUCT. ENY LEE PARKER DISCLAIMS ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR USE OR PURPOSE, AND ALL OTHER WARRANTIES. 

ARTICLE 6: LIMITATION OF LIABILITY

UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO NEGLIGENCE, SHALL ENY LEE PARKER OR ITS EMPLOYEES BE LIABLE FOR ANY SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM YOUR USE OR MISUSE OF OR THE INABILITY TO USE THE CUSTOM PRODUCT, EVEN IF ENY LEE PARKER OR ITS AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL ENY LEE PARKER’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT, OR OTHERWISE) ARISING UNDER OR RELATED TO THESE TERMS AND CONDITIONS OR YOUR USE OF THE CUSTOM PRODUCT EXCEED THE AMOUNT PAID BY YOU TO ENY LEE PARKER FOR THE CUSTOM PRODUCT.

ARTICLE 7: MISCELLANEOUS

These Terms and Conditions contain the complete expression of the agreement between the parties with respect to the matters addressed herein and there are no promises, representations, or inducements except as herein provided. These Terms and Conditions  may be modified, supplemented or amended in a writing signed by both parties. These Terms and Conditions shall be binding upon and inure to the benefit of and be enforceable by your successors and permitted assigns. No transfer of any right or interest of Buyer under these Terms and Conditions, in whole or in part (whether voluntarily or by operation of law), directly, indirectly or contingently, shall be permitted without the prior written consent of Eny Lee Parker. Failure by either party hereto to enforce at any time or for any period of time any provision or right hereunder shall not constitute a waiver of such provision or of the right of such party thereafter to enforce each and every such provision. Eny Lee Parker shall not be responsible for delay or failure in performance resulting from acts beyond its control. Such acts shall include, but not be limited to an act of God, an act of war, riot, an epidemic, shortage of supplies, fire, flood or other disaster, an act of government, or a strike or lockout. These Terms and Conditions shall be governed by and construed and enforced in accordance with the laws of the state of New York. Queens county, New York shall be the only proper place of venue for all suits arising from or relating to these Terms and Conditions , and any legal proceedings to enforce the provisions hereof shall be brought in the federal or state courts located in Queens county, New York.