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Standard Terms and Conditions of Sale

These Terms and Conditions supersede and replace any other conflicting terms and conditions. We may provide additional terms and conditions on Sales Documents or a Credit Application. Our performance or delivery shall not be deemed or construed as acceptance of any other supplemental or conflicting terms and conditions.

I. General Terms:

a. These terms and conditions (the “Terms”) govern the sale of all products and services (“Product” or “Products”) by Savannah Solutions, Inc. d/b/a Magnolia Cabinets (aka “Magnolia Cabinetry”) and its affiliates (herein “Company” , “Our” or “Us”).

b. Products will be identified on a delivery, installation, packing list, sales order, quotation, 20/20 design, order acknowledgement, or invoice (collectively, the “Sales Documents”) issued to you, our Customer, and includes any related services such as delivery or installation.

c. Customer represents that any agent or employee of Customer who signs Sales Documents on behalf of Customer are authorized to do so and acknowledges these Terms shall be binding. Customer affirms and ratifies that any employee or agent of Customer who makes an order, signs an invoice, packing slip, or a delivery manifest on behalf of Customer is authorized to do so.

d. Customer’s or Customer’s agent’s signature on any of the Sales Documents constitutes acceptance of these Terms, which are incorporated by reference to any and all subsequent change orders, modifications, or new orders. Company’s corresponding signature on an invoice, packing slip, or delivery manifest signifies acceptance of the order and constitutes an executed order.

e. Customer agrees that our failure to object to Customer’s conflicting or additional terms does not constitute waiver of these Terms.

II. Product Pricing, Taxes, Costs:

a. The prices of the Products are those prices specified on the front of the Quote, Sales Order, or Invoice.

b. Price quotations shall automatically expire in thirty (30) days from the date issued, or as otherwise stated in the quotation, after that, pricing for undelivered Products may be increased.

c. Unless otherwise agreed to in writing, all prices quoted are exclusive of shipping and delivery, insurance, duties, tariffs, and taxes, including federal, state, local, sales, excise and value added, goods and services, and any other taxes.

d. Customer agrees to indemnify and hold Company harmless for any tax liability in connection with a sale, as well as the collection or withholding thereof, including relevant penalties and interest. When applicable, shipping, delivery, and taxes shall appear as separate items on Company’s invoice.

III. Payments, Credit Terms, Past Due Terms:

a. Payment may be made by any agreed method. Any payment method fees shall be borne by the Customer and payment is due upon acceptance of a purchase invoice unless otherwise stated in writing.

b. If Company has extended credit to Customer, terms of payment shall be net thirty (30) days from date of invoice, without offset or deduction unless otherwise noted on a Sales Document for the order.

c. On any past due invoice, Customer agrees to pay interest on the unpaid amount at the rate of one and one-half percent (1.5%) per month, or any fraction thereof, until paid.

d. If Customer fails to make payment when it is due, Company reserves the right to modify or withdraw credit and thereby suspend or cancel its performance under any or all purchase orders or agreements in which Company has extended credit to Customer.

e. In the event of default by Customer, Company shall be entitled to recovery of all attorney fees, court costs, fees, and collections expenses.

IV. Order Processing:

a. Company makes every effort to meet the delivery date specified in the Sales Documents. However, this date is a best-effort estimate, and it may change due to events or circumstances either within or outside the Company’s control. We will endeavor to update You as to any circumstances affecting delivery date(s).

b. In the event that certain Products ordered are determined by the Company to be out-of-stock, Customer will be informed of the new estimated delivery date. You may request that We:

i. wait until all Products are in-stock and ship a complete order; or

ii. ship in-stock Products immediately and out-of-stock Products upon receipt by the Company. Customer will be responsible for additional shipping charges; or

iii. replace out-of-stock Products with in-stock Products and ship the order. Customer will be responsible for any additional difference in price; or

iv. cancel the out-of-stock Products within three (3) business days after notice of the out-of-stock Products.

V. Cancellation:

Orders for any Products may be cancelled by Customer for any reason at any time during the same business day of the order date.

a. For certain in-stock Products, including flat pack (Ready-to-Assemble) cabinets and kit materials such as lighting, faucets, and etc., Customer cancelations within 24 hours of ship date or after the order is shipped will be subject to a twenty five percent (25%) restocking/processing fee and the Customer will be responsible for any shipping fee incurred.

b. Orders for standard order Products may be cancelled after the next business day but are subject to a fifteen percent (15%) restocking fee.

c. All cancellations must be made in writing with notice of acceptance of such cancellation by Company for such cancellation to be effective.

d. Orders for special order Products may not be cancelled after the next business day under any circumstances.

VI. Shipping, Delivery, and Notice of Damage:

a. All Products are sold F.O.B. Company warehouse.

b. Shipping and delivery may take place by Company truck or by third-party delivery company. Company or third-party delivery company will confirm delivery schedule with Customer. Delivery services include:

i. Company Tailgate Delivery Service – Driver will bring the Products to the back (tail) of the truck, Customer is responsible for receiving the Products from the back of the truck.

ii. Company In-Unit Delivery Service – Driver will bring the Products to the Customer’s unit. This service is available for an additional fee and must be scheduled at time of order.

iii. Third Party Full Truck Load Delivery Service – Customer is responsible for offloading/receiving the Products from the truck.

iv. Third Party “LTL” Delivery Service – All LTL orders are packaged in individual boxes, placed on a pallet and shrink wrapped. Driver will place the pallet on the ground, where the Customer is responsible for taking possession. Lift gate service fees will be applied, and Limited Access fees will be applied where destinations are not tractor-trailer accessible. Shipping charges cover only one delivery attempt, and additional shipping and handling fees will be applied for delivery failure due to Customer.

c. A responsible party must be present to receive, inspect, and sign off on delivery. Any missing or incorrect items, shortage, Products damage, or packaging damage must be notated on the Company’s Packing List(s) or Driver’s BOL (bill of lading) document. Freight Claims for damaged items must be reported/filed within three (3) business days. Please see Returned Merchandise below to file a claim.

d. Pick Up. Certain in-stock Products, including flat pack (Ready-to-Assemble) cabinets and kit materials may be picked up by Customer on the day of order, pending item quantity. Order must be placed before 10:00am EST to be picked up between 2:00pm to 3:30pm EST, order placed after 10:00am EST will be available to be picked up next day after 8:00am EST. Orders not picked up within three (3) business days of receipt of pick-up notification will be subject to a fifteen percent (15%) restocking/processing fee.

VII. Warranty:

All Products sold by Company come with the Manufacturer’s standard warranty. No other warranty is provided, express or implied, and no representation is made by Company as to the Products’ suitability or intended use.

VIII. Returned Materials:

Products may be returned by the Customer to the Company by first obtaining a Return Materials Authorization (“RMA”). An RMA may be requested by the Customer for the return of:

a. Undamaged Standard Order Products - An RMA for undamaged standard order Products to be returned is subject to a twenty five percent (25%) restocking fee. If the Company is required to pick up the Products, the Customer will also be responsible for associated pick-up fees.

b. Damaged or Defective Products - An RMA for damaged Products to be returned must be requested within three (3) business days of the Products’ delivery or pick up. The Company, in its sole discretion, may provide a replacement part or may provide a replacement Product in its entirety. Expedited shipping is NOT available for replacement parts. Company shall not be responsible for any labor costs incurred during installation due to Products that may have been flawed or damaged in transit. Certain Products may NOT be returned, including:

i. ASSEMBLED cabinets Products,

ii. Glass package, molding, filler, panel, and accessory Products,

iii. Special order Products, or

iv. Flat Packed cabinet (Ready-to-Assemble) Products that have been assembled.

a. Company reserves the right to determine the method by which damaged or defective Product issues will be resolved. Company further reserves the right to deny a defective product RMA request if it determines, in its sole discretion, that the defect is within a normal tolerance.

b. Company may also deny a damaged Product RMA request if, in its sole discretion, Company determines that the supplier or shipping agent were not the source of the damage. All returned Products must be returned in the original Product packaging within five business days of the approved RMA request.

IX. Disputes, Choice of law, and Jurisdiction:

a. For all purposes, these Terms are to be interpreted according to the laws of the Commonwealth of Virginia. Customer agrees that the courts in Loudoun County, Virginia shall have sole jurisdiction for any dispute under these Terms, and that venue therein is proper.

b. With the exception of a failure to pay by Customer, in the event of a dispute the parties agree to negotiate in good faith to resolve any dispute arising under these Terms that may arise between the parties. If the dispute cannot be resolved by negotiation, Customer agrees that the dispute be submitted to mediation. The parties will choose a mutually acceptable mediator, share the cost of mediation equally, and agree such mediation to be held in Loudoun County, Virginia.

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