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Terms & Conditions

Kinon Surface Design Inc.

Custom Cabinetry – Terms & Conditions of Sale

Effective Date: January 17, 2026

Governing Law: This Contract is governed exclusively by the laws of the State of Florida, without regard to conflict of laws principles.

IMPORTANT NOTICES (Required by Florida Law for Residential Improvements Over $2,500)

CONSTRUCTION LIEN LAW NOTICE ACCORDING TO FLORIDA’S CONSTRUCTION LIEN LAW (SECTIONS 713.001-713.37, FLORIDA STATUTES), THOSE WHO WORK ON YOUR PROPERTY OR PROVIDE MATERIALS AND SERVICES AND ARE NOT PAID IN FULL HAVE A RIGHT TO ENFORCE THEIR CLAIM FOR PAYMENT AGAINST YOUR PROPERTY. THIS CLAIM IS KNOWN AS A CONSTRUCTION LIEN.

IF YOUR CONTRACTOR OR A SUBCONTRACTOR FAILS TO PAY SUBCONTRACTORS, SUB-SUBCONTRACTORS, OR MATERIAL SUPPLIERS, THOSE PEOPLE WHO ARE OWED MONEY MAY LOOK TO YOUR PROPERTY FOR PAYMENT, EVEN IF YOU HAVE ALREADY PAID YOUR CONTRACTOR IN FULL.

IF YOU FAIL TO PAY YOUR CONTRACTOR, YOUR CONTRACTOR MAY ALSO HAVE A LIEN ON YOUR PROPERTY. THIS MEANS IF A LIEN IS FILED YOUR PROPERTY COULD BE SOLD AGAINST YOUR WILL TO PAY FOR LABOR, MATERIALS, OR OTHER SERVICES THAT YOUR CONTRACTOR OR A SUBCONTRACTOR MAY HAVE FAILED TO PAY.

TO PROTECT YOURSELF, YOU SHOULD STIPULATE IN THIS CONTRACT THAT BEFORE ANY PAYMENT IS MADE, YOUR CONTRACTOR IS REQUIRED TO PROVIDE YOU WITH A WRITTEN RELEASE OF LIEN FROM ANY PERSON OR COMPANY THAT HAS PROVIDED TO YOU A “NOTICE TO OWNER.”

FLORIDA’S CONSTRUCTION LIEN LAW IS COMPLEX, AND IT IS RECOMMENDED THAT YOU CONSULT AN ATTORNEY.

FLORIDA HOMEOWNERS’ CONSTRUCTION RECOVERY FUND NOTICE FLORIDA LAW REQUIRES THAT THIS NOTICE BE PROVIDED TO YOU IN THIS CONTRACT.

The Construction Industry Licensing Board, within the Department of Business and Professional Regulation, may offer a procedure whereby a person may be compensated for certain losses caused by the actions of a licensed contractor. Any person who obtains a judgment against a licensed contractor may apply to the Construction Industry Licensing Board for payment from the Florida Homeowners’ Construction Recovery Fund, subject to certain limitations and requirements. For more information, contact the Florida Department of Business and Professional Regulation, Construction Industry Licensing Board, 2601 Blair Stone Road, Tallahassee, Florida 32399-1039, or call (850) 487-1395.

  1. Acceptance

Any commencement of design work, procurement of materials, or production by Kinon Surface Design Inc.(“Seller”) constitutes acceptance of the Contract. By signing the purchase order, paying any deposit, or approving Shop Drawings, the Client (“Buyer”) agrees to be bound by these Terms and Conditions. This acceptance is expressly limited to the terms herein; no additional or different terms shall apply unless agreed in writing.

  1. Definitions

  • “Contract” means the Purchase Order, approved Shop Drawings, and these Terms & Conditions.
  • “Products” means the custom cabinetry, millwork, hardware, and related items described in the Purchase Order.

  1. Deposits & Payment

Items are invoiced based on the following stages of completion, utilizing progress billing accounting practices: Design Phase 1, invoiced upon completion of 3D renderings and initial shop drawings; Fabrication Phase 2, invoiced upon procurement of necessary materials and completion of item fabrication; Pick-up/Delivery/Installation Phase 3, invoiced upon readiness of the fabricated item for shipment from the factory.

Payment schedule including deposits are found on the purchase order and incorporated herein.

  • Final Payment: The remaining balance is due upon completion of the installation via wire transfer, certified check, or ACH.
  • Seller may withhold delivery, installation, or release of Products until full payment is received.
  • Sales Tax & Fees: Buyer is responsible for all applicable Florida sales tax, delivery fees, and any other governmental charges.
  • All payments are due net upon invoice unless otherwise specified. Late payments accrue interest at 1.5% per month (18% annually).

  1. Termination & Cancellation

Products are custom-manufactured to Buyer’s specifications:

  • If Buyer cancels after the initial deposit but before Shop Drawing approval, Seller retains the deposit as liquidated damages.
  • If Buyer cancels after Shop Drawing approval or during production, Buyer is liable for the full Contract price plus any additional costs incurred.
  • Seller may terminate for Buyer’s material breach (e.g., non-payment or failure to approve drawings/site readiness within agreed timeframes), retaining all payments made and pursuing additional remedies.

  1. Limited Warranty & Natural Variations

Seller provides a limited one (1) year warranty from date of delivery against defects in materials and workmanship under normal residential use.

  • Exclusions: This warranty does not cover natural wood variations (grain, color, texture, knots), aging, fading, or damage from improper care, misuse, accidents, or unauthorized modifications.
  • Natural Materials: Wood and other natural products may expand/contract, change color, or vary between batches/samples — these are not defects.
  • Environmental Conditions: Warranty is void if Products are exposed to uncontrolled environments (e.g., humidity outside 35%–55%, extreme temperatures, direct sunlight, or moisture exposure). Buyer is responsible for maintaining these conditions 24/7, including during periods of construction or vacancy.”
  • Claims: Buyer must notify Seller in writing of any claimed defect within 30 days of discovery. Seller’s sole remedy is repair or replacement at its discretion. Seller disclaims all other warranties, express or implied, including merchantability or fitness for a particular purpose.

  1. Change Orders

Any modifications to scope, design, materials, or specifications after Shop Drawing approval require a written Change Order signed by both parties. Changes may adjust price and delivery timeline at Seller’s standard rates.

  1. Site Preparation & Installation

  • Buyer must ensure the site is fully prepared (“Ready”): drywalled, clean, climate-controlled, with plumb walls and level floors (±1/8″ over 10 feet). Seller is not responsible for fit issues, gaps, or adjustments due to out-of-level/plumb conditions.
  • Buyer must mark all utilities (electrical, plumbing, gas) accurately. Seller is not liable for damage to unmarked lines.
  • Buyer must provide final, accurate appliance specifications before production approval. Changes afterward may require Change Orders and additional costs.

  1. Delivery, Installation & Storage

Delivery/installation dates are estimates only. Seller is not liable for delays due to supply chain issues, labor shortages, weather, or other factors beyond reasonable control. If the site is not Ready within 14 days of Seller’s notice of Product completion, storage fees of $150 per day (plus handling/transport) may apply.

  1. Risk of Loss

Risk of loss passes to Buyer upon delivery to the job site (or upon completion if Buyer delays acceptance).

  1. Limitation of Liability

To the fullest extent permitted by law, Seller’s aggregate liability under this Contract shall not exceed the total amount paid by Buyer. Seller shall not be liable for any consequential, incidental, indirect, special, or punitive damages, including (without limitation) loss of use, lost profits, or third-party claims.

  1. Permits & Compliance

Buyer is responsible for obtaining all required permits and ensuring compliance with local building codes. Seller assumes no liability for delays, costs, or issues arising from permitting or code compliance.

  1. Intellectual Property

All designs, shop drawings, renderings, and proprietary concepts remain Seller’s exclusive property. Buyer may not reproduce, distribute, or use them without Seller’s prior written consent.

  1. Indemnification

Buyer shall indemnify, defend, and hold Seller harmless from any claims, losses, or expenses arising from Buyer’s breach of this Contract, inaccurate information provided, site conditions, or failure to obtain permits.

  1. Force Majeure

Neither party is liable for delays or failures caused by events beyond reasonable control, including acts of God, natural disasters, pandemics, strikes, supply shortages, or governmental actions.

  1. Dispute Resolution

Any disputes shall be resolved by binding arbitration under the rules of the American Arbitration Association in Palm Beach County, Florida. The prevailing party is entitled to recover reasonable attorneys’ fees and costs.

  1. Electronic Signatures

Electronic signatures (including DocuSign or similar) are valid and enforceable as originals.

  1. Entire Agreement

These terms and conditions, as well as the Purchase Order and approved Shop Drawings, constitutes the entire contract between the parties. It supersedes all prior understandings, whether oral or written. No modifications are effective unless in writing and signed by both parties.

 

Kinon Surface Design Inc.

Custom Wall Panels/Sheets

Terms & Conditions of Sale

Effective Date: January 17, 2026

 

  1. Acceptance

Any commencement of design work, procurement of materials, or production by Kinon Surface Design Inc.(“Seller”) constitutes acceptance of the Contract. By signing the purchase order, paying any deposit, or approving Shop Drawings, the Client (“Buyer”) agrees to be bound by these Terms and Conditions. This acceptance is expressly limited to the terms herein; no additional or different terms shall apply unless agreed in writing.

  1. Definitions

  • “Contract” means the Purchase Order, approved Shop Drawings, and these Terms & Conditions.
  • “Products” means Kinon, a unique handmade thermo-set sheet, custom cabinetry, millwork, hardware, and related items described in the Purchase Order.

  1. Deposits & Payment

Items are invoiced based on the following stages of completion, utilizing progress billing accounting practices: Fabrication Phase invoiced upon procurement of necessary, materials and completion of item fabrication; Pick-up/Delivery Phase 2, invoiced upon readiness of the fabricated item for shipment from the factory.

Payment schedule including deposits are found on the purchase order and incorporated herein.

  • Final Payment: The remaining balance is due upon completion of the installation via wire transfer, certified check, or ACH.
  • Seller may withhold delivery, installation, or release of Products until full payment is received.
  • Sales Tax & Fees: Buyer is responsible for all applicable Florida sales tax, delivery fees, and any other governmental charges.
  • All payments are due net upon invoice unless otherwise specified. Late payments accrue interest at 1.5% per month (18% annually).

  1. Termination & Cancellation

Products are custom-manufactured to Buyer’s specifications:

  • If Buyer cancels after the initial deposit but before procurement of materials, Seller retains the deposit as liquidated damages.
  • If Buyer cancels after procurement of materials or during production, Buyer is liable for the full Contract price plus any additional costs incurred.
  • Seller may terminate for Buyer’s material breach (e.g., non-payment or failure to approve drawings/site readiness within agreed timeframes), retaining all payments made and pursuing additional remedies.

  1. Limited Warranty & Natural Variations

Seller provides a limited six (6) month warranty from date of delivery against defects in materials and workmanship under normal use.

KINON’S LIABILITY TO BUYER IS LIMITED. KINON’S TOTAL LIABILITY FOR ANY CLAIM ARISING OUT OF OR IN CONNECTION WITH BUYER’S PURCHASE FOR NEGLIGENCE, BREACH OF CONTRACT, WARRANTY OR STATUTORY DUTY OR OTHER TORT IS LIMITED TO AND SHALL NOT EXCEED THE SALE PRICE OF THE PRODUCTS, AND KINON’S SOLE LIABILITY TO BUYER SHALL BE LIMITED TO REPLACEMENT OF KINON PRODUCT, OR REFUND OF THE PURCHASE PRICE OF KINON PRODUCT, AT KINON’S SOLE DISCRETION, WITHIN SIX (6) MONTHS OF DELIVERY OF THE PRODUCT TO BUYER. THE FOREGOING REMEDY SHALL BE SUBJECT TO BUYER’S WRITTEN NOTIFICATION OF DEFECT AND RETURN OF THE DEFECTIVE PRODUCT WITHIN TIME LIMITATION SET FORTH ABOVE. KINON SHALL NOT BE LIABLE FOR ANY INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES OF ANY KIND INCURRED BY YOU OR ANY THIRD PARTY EVEN IF BUYER HAS ADVISED KINON OF THE POSSIBILITY OF SUCH DAMAGES. KINON MAKES NO WARRANTIES EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY OF MERCHANTABILITY AND ANY WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE OR USE. BUYER ASSUMES ALL RISK OF LIABILITY FOR THE USE OF THE PRODUCTS IN COMBINATION WITH ANY AND ALL OTHER MATERIALS, PRODUCTS OR SUBSTANCES.

Exclusions:

Kinon is a unique handmade thermo-set sheet. Various techniques are carefully used to create our different patterns. Therefore, like stone and wood, panels tiny holes and visual knots. These holes do not penetrate thru the entire surface. There will be some irregular pattern repeats which are not seen on a sample size. For examples and clear understanding of the full visual panel please review the full panel image on its specification sheet. Alternatively visit our showroom to view the full overall visuals of the sheet in person. Kinon materials are large format patterns, small samples are not a good representation of the overall pattern and color.

3D renderings are copyright of Kinon Surface Design. Photo Level 3D rendering are created for purpose of demonstrating pattern and color choices and how they will appear in the space. Renderings provide design of cabinetry structure as built with the Kinon construction methods in the space. Renderings will note most of cabinet or panel transitions. Some lighting effects, etc. In many cases Kinon will create the design choices based on communications with clients and their designers. Kinon will create its artistic renderings with embellishments. 3D renderings are not final work, real life situational dimensions, lighting, color lots can vary from the rendering.

Environmental Conditions: Warranty is void if products are not shipped and stored prior to application in a temperature-controlled environment so the material does not exceed temperatures below or above 45°F -110°F (7.22°C – 43.33°C) and kept out of the elements. When shipping by sea or air freight, use of a temperature-controlled environment is recommended. When shipping by sea freight optimal temperature and humidity within the container would be set between 65°F and 82°F (18.33°C – 27.77°C) <45% humidity. Excessive temperatures and temperature changes can cause degradation of multiple facets of the material.

  1. Change Orders

Any modifications to scope, design, materials, or specifications after Shop Drawing approval require a written Change Order signed by both parties. Changes may adjust price and delivery timeline at Seller’s standard rates.

  1. Delivery/Shipment

Delivery dates are estimates only. Seller is not liable for delays due to supply chain issues, labor shortages, weather, or other factors beyond reasonable control. Storage fees at Kinon facility are not included. Any item stored over 10 calendar days past the completion date will incur a charge of $150 per day. Buyer is solely responsible for all shipment and importation fees/taxes.

  1. Risk of Loss

Risk of loss passes to Buyer once the Seller gives the goods to the first carrier (i.e. FedEx, UPS or the shipping line)

  1. Limitation of Liability

To the fullest extent permitted by law, Seller’s aggregate liability under this Contract shall not exceed the total amount paid by Buyer. Seller shall not be liable for any consequential, incidental, indirect, special, or punitive damages, including (without limitation) loss of use, lost profits, or third-party claims.

  1. Permits & Compliance

Buyer is responsible for obtaining all required permits and ensuring compliance with local building codes. Seller assumes no liability for delays, costs, or issues arising from permitting or code compliance.

  1. Intellectual Property

All designs, shop drawings, renderings, and proprietary concepts including but not limited to the sheet’s designs remain Seller’s exclusive property. Buyer may not reproduce, distribute, or use them without Seller’s prior written consent. Our Kinon work is handcrafted “Art” and is protected by Copyright. Any use of copies or attempts to copy without contract with Kinon Surface Design Inc. in any format of materials will be subject to copyright Law Domestically and Internationally.

  1. Indemnification

Buyer shall indemnify, defend, and hold Seller harmless from any claims, losses, or expenses arising from Buyer’s breach of this Contract, inaccurate information provided, site conditions, or failure to obtain permits.

  1. Force Majeure

Neither party is liable for delays or failures caused by events beyond reasonable control, including acts of God, natural disasters, pandemics, strikes, supply shortages, or governmental actions.

  1. Dispute Resolution

Any disputes shall be resolved by binding arbitration under the rules of the American Arbitration Association in Palm Beach County, Florida. The prevailing party is entitled to recover reasonable attorneys’ fees and costs.

  1. Electronic Signatures

Electronic signatures (including DocuSign or similar) are valid and enforceable as originals.

  1. Entire Agreement

These terms and conditions, as well as the Purchase Order and approved Shop Drawings, constitutes the entire contract between the parties. It supersedes all prior understandings, whether oral or written. No modifications are effective unless in writing and signed by both parties.

Kinon Editorial in Florida Design Magazine!

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