The following represents the general Terms and Conditions of Panel Systems Unlimited, Inc. (“Company”):

Payment Terms

All orders will require the payment of an advanced deposit reflected on each quotation prior to Company initiating and fulfilling any orders for customer. Payment of the remaining balance shall be due and payable in full within fifteen (15) days of receipt of the final invoice (“Final Payment Date”). In the event any outstanding punch items remain unresolved by the Final Payment Date, Customer shall be entitled to withhold 10% of the final invoice amount until such a time as all remaining punch items are completed and/or resolved. The title of goods sold will pass to the Customer only after receipt of payment in full of the final invoice and any punch item amounts being withheld. Company reserves the right to add a 1.5% monthly service charge (18% per annum) plus a 20% collection charge to past due accounts. There will be a 2.5% fee on all credit card transactions.

Delivery and Installation

• Hours of Operation: All pricing for delivery whether included in the price of product or separate charge is for work performed during regular working hours unless otherwise expressly noted. Regular working hours are between 8am-5pm, Monday-Friday.
• Job Site Condition: The job site shall be free and clear of all debris prior to the delivery and installation crews’ arrival. The Customer is responsible for any charges related to delay in work either by the space not being ready, the area not being cleared of debris or other trades working in the spaces.
• Storage: Project delays that result in storage of product beyond 60 days of signed quote will result in storage fees billed weekly/monthly.
• Shipment Delays: If the Customer’s space isn’t ready to receive direct deliveries, the Customer is responsible for any costs associated with re-directing the shipment, re-delivery and storage.
• Stair Carry: If stair carry (more than 3 steps) is required, additional fees will be charged.
• Additional Handling: The Customer will be responsible for any additional charges due to double handling of product as a result of space not being ready.

Changes and Cancellations

New furniture orders cannot be canceled or returned once the order has been placed. Cancellation of preowned product prior to the ship date will be charged a 40% restocking fee plus any other expenses incurred by Company due to the order cancellation. Orders can not be cancelled or returned after they have shipped and/or installed. Prices are subject to change and only become final once the quotation has been signed by both Company and Customer and the deposit stated in the quotation is received.

Security Interest

Until final payment of each order is received by Company, Customer hereby grants Company a secured interest on all furniture, equipment and property (“Secured Property”) purchased by Customer, including a secured interest in all future purchases by Customer. Customer grants Company the right to retake possession of the Secured Property in the event Customer refuses or fails to remit the final payment when due, without notice or demand. Customer agrees to pay all cost of collections including attorney fees in the event of any default by Customer. In the event Customer fails to remit payment of any sums owed to Company when due, interest shall accrue at a default rate of 18% on the unpaid balance until paid. Purchaser agrees not to borrow any money using the Secured Property as collateral or cause a lien on Secured Property until such time as the unpaid balance is paid in full.

Taxes

Customer shall pay all taxes on applicable items (furniture, materials, delivery, freight) based upon the installation address of said product. If the Customer is exempt from sales tax, a tax-exempt form must be supplied to Company prior to order processing. It is the responsibility of Customer to notify Company in advance of any tax exemptions.

Shipping and Handling

Customer is responsible for all shipping and handling charges including but not limited to freight, special handling and customs/importing/exporting charges. Customer is also responsible for any freight, storage fees or re-routing fees should these be required due to any delays caused by Customer or anyone acting on behalf of or to the benefit of Customer.

Warranty

Company will honor all manufacturer warranties of products sold and will repair or replace said items at the discretion of the manufacturer. Preowned systems furniture will carry a limited lifetime warranty. A copy of any applicable warranty is available upon request. All other preowned product has no warranty unless otherwise stated in writing from an authorized representative of Company.

Limitation of Liability

For each order, Company shall only be liable to Customer for no more than the total amount paid to Company by Customer. Company shall in no way be liable to Customer for any losses, damages, costs or expenses for any special, indirect, incidental, consequential, or punitive damages, including but not limited to loss of profit or revenue, loss of the use of property or equipment, cost of capital, cost of temporary equipment or services, whether based in whole or in part in contract, in tort, including negligence, strict liability, or any other theory of liability.

Miscellaneous

These Terms and Conditions and the transaction between Company and Customer shall be interpreted in accordance with the laws of the State of Georgia and shall supersede any conflicting terms or conditions of Customer. In the event of a dispute, the venue for any such dispute shall be brought exclusively in Gwinnett County, Georgia or the federal district court that covers said county. The adjudicated prevailing party of any dispute shall be entitled to all of their reasonable attorney’s fees and costs incurred therein.