Multi-Housing Depot Terms & Conditions
Appliances, Kitchen & Bath

1. Proposal.
a. This Proposal is valid for a period of thirty (30) days from the date of the Proposal. After thirty (30) days, the proposal shall be deemed null and void. Nothing
contained herein shall constitute a promise or agreement by Multi-Housing Depot (“MHD”) to keep the Proposal open for a period of thirty days. MHD reserves the
right to withdraw its Proposal at any time prior to acceptance.
b. The technical and pricing information in this Proposal are confidential and the proprietary property of MHD and is not to be disclosed or made available to third
parties without the prior written consent of MHD.
c. Upon Customer’s signing of the Proposal, the Proposal and these Terms and Conditions (collectively “Agreement”) shall constitute the entire understanding of MHD,
and Customer related to the subject matter hereof and may be amended or modified only by written agreement of MHD and Customer.
2. Invoices. Unless otherwise stated in the Proposal, invoices will be submitted by MHD to the Customer at the completion of the scheduled task or delivery of the item
identified in the Proposal (if the scope of services identified in the Proposal is supply of material only and does not include installation), and payment shall be due
within thirty (30) calendar days of Customer’s receipt of the invoice. The invoice shall be deemed received by the Customer on the date the invoice is mailed by MHD.
Payment of the amount due and owing shall not be subject to back charge or offset unless MHD expressly agrees to such back charge or offset in writing.
3. Interest on Overdue Payment. Payment not made within thirty days of Customer’s receipt of the invoice shall be subject to interest charges accruing at a rate of 1.5%
per month on the amount overdue and unpaid until payment of the overdue amount is made in the full. Payment shall be applied to interest owed first before
applying to the principal amount due.
4. Delivery Dates.
a. In the event any delivery dates are identified in the Proposal, such delivery dates are MHD’s best estimates and may be subject to change based on market conditions
and Force Majeure Delays as defined in paragraph 15.c. below.
b. MHD shall be entitled to an adjustment of the scheduled delivery dates and installation (if the scope of services identified in the Proposal includes installation due to
delays caused by the Customer, its contractors, subcontractors, agents and/or representatives, including, without limitation, Customer’s delay in approving shop
drawings.
c. MHD shall be entitled to an adjustment of the scheduled delivery dates and installation (if the scope of services identified in the Proposal includes installation) for
delays caused by acts of God, strikes, riots, floods, fires, earthquakes, adverse weather, unavailability or shortage of labor or materials, factory or labor stoppages or
shutdowns, transportation or delivery delays, threats or actual acts of terrorism, civil disorder, embargoes, U.S. Custom holds, pandemics, regulations or orders of any
government agency enacted after this Proposal, or any other delays caused by circumstances beyond MHD’s control (collectively “Force Majeure Delays”).
5. Proposals for Furnishing Materials Only. The following provisions shall apply where the services identified in the Proposal is for furnishing and delivering materials
only and does not include installation:
a. Any claim for defective materials, errors, transit damages or shortages shall be presented in writing by Customer to MHD within three (3) business days from receipt
of the materials by Customer. Customer’s failure to inform MHD within said 3 business day period shall be deemed an acceptance of the materials by Customer.
b. All orders must be picked up or received by Customer on the scheduled pickup or delivery date provided by MHD to Customer. MHD will charge a $20.00 per unit, per
day storage fee to Customer’s account for any order that Customer is not able or available to pick up or accept delivery within fourteen (14) days after the scheduled
pickup or delivery date, and the order will not be released until such storage fee is paid.
c. Orders not accepted for delivery, for more than 60 days after notice to Customer that the order is available, will be cancelled Customer will be invoiced and liable for
an amount equal to 50% of the total order as liquidated damages.
d. THERE IS NO CANCELLATION, RETURN OR REFUNDS ON ANY ORDERS EXCEPT STOCK CABINETRY & STOCK APPLIANCES. Returns are permitted on appliances only that
are not damaged and have not been previously installed, and a restocking and handling fee of 30% of the total order will be charged. The product, including the
original carton, must be in good condition and accompanied by the sales receipt. Returns must be received by MHD within 14 days of purchase. All transportation
costs for returned goods must be paid by Customer. On permitted returns, a refund check will be issued within 120 days. There are no cash refunds.
e. Upon delivery, Customer is to store the materials in an environmentally controlled area. MHD shall not be responsible for any damage to the materials relating to or
arising from the materials not being stored in an environmentally controlled area. MHD, and their affiliated suppliers, will not warrant the materials are free from
defects or damage where the materials have been subject to misuse, unusual wear and tear, and/or improper maintenance or care, including, but not limited to
extreme temperatures.
6. Indemnity. Customer and MHD each agree to indemnify and hold harmless the other for all losses, expenses, and liabilities resulting in damages, which include injury
or death of any person, including employees of either party, any loss of or damage to property, including property of either party or the environment, to the extent
that damages result from any negligent acts or omissions of the indemnifying party, its agents, representatives, employees, consultants, independent contractors or
assigns. Further, in the event of joint negligence with any third party, Customer and MHD each agrees to indemnify and hold harmless the other for the proportion of
the losses or damages arising from the indemnifying party’s negligent acts or omissions.
7. Work Product. Designs, processes, drawings, specifications, reports, photographs, data and other technical or proprietary information relating to the Proposal shall
remain the property of MHD. Proposal is solely for customer’s approval of MHD product as a vendor and Customer assumes responsibility for any conflict to state or
local building code, which may reside within the MHD proposal and will not accept any liability if proposal is used as official documents for MEP or FF&E placement.
8. Project Site Access. Customer shall provide MHD with free and uninhibited access to the Customer for delivery. Any shipment refused by Customer will be subject to
a $750.00 refused delivery fee.
9. Crated Drop. If the services identified in the Proposal is supply of material only and does not include installation, delivery of the materials shall be a “crated drop” at
curbside.
10. Crated Inside & Uncrate & Set.
a. If the services identified in the Proposal are crated inside or uncrate & set, MHD will mobilize the product to the units on the first and second floors only. For units on
3 rd floor and higher, elevator access, a lull or similar piece of rental equipment will be acceptable, assuming MHD is not the operator of said equipment, is required to
mobilize the product to these units, without incurring additional charge. In the event an elevator is not accessible, an additional fee of $25.00 per floor per appliance,
will be applied to orders. MHD reserves the right to refuse delivery services if path of delivery is deemed obstructed or unsafe.
b. Unless expressly specified, uncrate & set deliveries do not include appliance connections, removal of interior packaging, reversal of refrigerator door swings or on-site
modification of any product to fit through openings or over barriers/obstacles.
11. Removal of Old Appliances. Level of removal service aligns with delivery service requested; uncrate and set deliveries will be removed directly from the unit, crated
drop deliveries must have old product at curb, prior to MHD arrival. The customer is responsible for disconnecting old appliances, prior to delivery. Customer must
confirm all product scheduled for removal is free of bugs, fluids and/or sharp edges and upon inspection, MHD reserves the right to refuse removal services if product
does not meet all these conditions. MHD will not be responsible for any superficial damages, i.e., scratches, spills, etc., incurred during the removal process. The
quantity to be removed must be equal to or less than the quantity being delivered.
12. Warranty. MHD provides no warranties or guarantees on the material or performance of services other than those expressly made in the limited warranty referenced
and attached to the Proposal. ALL OTHER WARRANTIES, INCLUDING WITHOUT LIMITATION ALL IMPLIED WARRANTIES, EXCEPT THOSE EXPRESSLY SET FORTH IN
THE LIMITED WARRANTY REFERENCED AND ATTACHED TO THE PROPOSAL, ARE HEREBY EXCLUDED AND WAIVED. No affirmation of fact or promise made by MHD,
its agents or employees shall constitute a warranty. MHD’s obligation with respect to the materials delivered and/or installed herein shall be limited to furnishing
repair or replacement of the materials for factory defective materials at MHD’s sole option or reinstallation, if applicable. Under no circumstances shall any back
charges be rendered by Customer without MHD’s prior written consent. MHD’s warranty shall commence and be in effect as of the date of delivery for any such
materials delivered where MHD does not have the responsibility to install and for those materials that are installed by MHD, the date of installation. MHD is not
responsible for missing or damaged product or material after (i) acceptance of delivery for product/material only jobs or (ii) installation for installed jobs. For any
material or product missing or damaged after (i) acceptance of delivery for product/material only jobs or (ii) installation for installed jobs, MHD will replace such only
after a change order is signed by Customer.
13. WAIVER OF CONSEQUENTIAL DAMAGES. IN NO EVENT SHALL MHD BE RESPONSIBLE OR LIABLE FOR ANY LIQUIDATED, CONSEQUENTIAL, SPECIAL OR INDIRECT
DAMAGES, COSTS OR EXPENSES WITH RESPECT TO MHD’S PERFORMANCE OF SERVICES TO BE PROVIDED UNDER THE PROPOSAL, INCLUDING, WITHOUT LIMITATION,
ANY CLAIM OF DELAY TO THE PROJECT, SCHEDULE OR COMPLETION DATE, REGARDLESS OF THE REASON OR WHO IS AT FAULT FOR THE DELAY.
14. No Right to Offset Payment Owed. Customer shall not have the right to offset, whether under this Agreement or under applicable law or otherwise, any amount
owed by Customer to MHD against any amount then owed or in the future to be owed by Customer to MHD and shall pay to MHD the full amount owed to MHD in
accordance with the terms of this Agreement. For the avoidance of doubt, Customer does not waive any substantive claim (other than with respect to its right to
offset as described in the preceding sentence) that it may have against MHD.
15. Termination by Either Party. Either party shall have the right to terminate the Agreement for cause due to other party’s material breach of the Agreement or the
other party’s insolvency or filing of a petition of bankruptcy or commencement of receivership proceeding against the other party. Neither party shall have the right
to terminate the Agreement without cause unless both parties agree to such termination in writing. If the Agreement is terminated prior to MHD fully performing all
services under the Proposal, Customer shall return all shop drawings to MHD, and Customer shall not be entitled to use the shop drawings without MHD’s written
consent.
16. Order of Preference. In the event of any inconsistencies or conflict between these Standard Terms and Conditions and the terms and conditions in any subsequent
contract entered between MHD and Customer, these Standard Terms and Conditions shall control and govern.