Sicotte Interior Decorating LLC

Business Disclosure & Operation Terms

DATE SUBMITTED:

PROJECT NAME:

Sicotte Interior Decorating LLC.

Owner/Designer Theresa M. Sicotte

This document is being submitted to, to provide definitions of terms and business practices related to the scope of work as per initial design meeting.

DESIGN AND CONSULTATION SERVICES:

Sicotte Interior Decorating LLC, (SID) is a full service decorating company which can provide faux painting design recommendations, custom drapery, space planning, furniture and accessory selection services as well as staging all merchandise and furniture new and existing. SID can also provide consultation services for those who do not require full service. The first consultation is complimentary which is used to get acquainted and to note client decorating needs. SID does require signed acceptance of this agreement in order to proceed with any design work. Email consent is also acceptable.

SECTION ONE

FEES:

Designer/Consulting Fee:

This fee is an hourly fee charged at the current rate of $120.00 per hour. The rate covers the time required by the designer to create design concepts, select, order, pick up, install and stage all decorative merchandise applicable to each area identified in the approved scope of work.The staff at SID will do it’s very best to be efficient with installation and staging times but it is very important to understand that the design process should not be rushed. SID will consult with client if additional time is required beyond initial estimates. If client has requested SID to move forward in selecting merchandise without estimates submitted, client will be billed for all time incurred to select merchandise and or furnishings within the scope of work. An email confirmation is usually required before SID will move forward with design work. Flat rates are also are used when larger remodel projects are required. This fee is based on an agreed percentage of the total project cost not to exceed 28% on total project budget.

Trade Management Fees:

This fee is incurred if client requires SID to manage any trades sub contracted by SID or client. Management includes and is not limited to meeting with trade to go over design elements, and set trade schedules and follow up on completion. SID cannot be held responsible for ANY trade nonperformance issues. SID will report to client all issues within the scope of work. If trade does not perform, client must take action independent of SID. This fee is usually structured as a flat rate based on project cost not to exceed 28% of project total budget.

SECTION TWO

ESTIMATES:

The estimates reflected on any “Estimate Invoicing or Email”, submitted by SID are estimates only and are subject to change based on actual quotes submitted by each applicable trade or purchase of approved merchandise. All labor quotes from SID will not change unless design is altered in any way. At that time, a change order email will be submitted to client for approval of quote adjustment. All estimates are based on trade standards or taken directly from tear sheets provided to client. All shipping, handling and tax estimates are NOT included. All of those charges will be invoiced at the time they are incurred. However, it is the responsibility of the client to adequately anticipate those charges during the initial bid phase. If actual costs exceed ANY numbers reflected in the cost estimate email, client will be notified for approval to proceed with purchase. If cost is less than anticipated, the invoicing will be adjusted accordingly and the final payment due will be adjusted to reflect the decrease in job cost. The cost estimate email pricing can be subject to change if manufacturer pricing is altered for any reason. All SID labor quotes are good for 60 days after bid is submitted. SID cannot honor quotes from other trades.

SECTION THREE

SUB CONTRACTOR LABOR:

Sicotte Interior Decorating LLC, (SID) can provide a list of trades that can facilitate your project. SID can also manage the trades with respect to scheduling,overseeing installation/application and follow-up of completion (see Trade Management). SID cannot take responsibility for performance or quality of each trade hired by client or by SID. Trade hire is based solely on client approval. This also applies to any and all items ordered via mail order or special order through approved manufacturer. If trade issues are not resolved by SID during the normal course of business, client is responsible for any further action required to resolve any issue. SID will be held harmless for any issues caused by a hired trade. The additional time required to rectify any problems will be billed at ½ rate if client would prefer for SID to resolve any issues that may arise outside of the normal scope of the approved job.

SECTION FOUR

RETURNS & REFUNDS:

SID will inform client of any items that are not returnable. If client approves, SID cannot be held responsible for any of these products. Special order items are usually not refundable unless damage occurs during shipping. SID attempts to use companies with return and or refund policies. However, most shipping fees and return shipping fees have to be paid by the client if the product is rejected. If merchandise is damaged during shipping, SID will follow-up on replacement items for a nominal administrative fee of $25.00 per hour plus a trip charge of $15.00 per trip if applicable.

Client will be given 3 days to review merchandise in home placed by SID. If client does not like the selections made and placed in the home, SID will return the merchandise for no additional charge unless client requested purchase of merchandise. After 3 days, the merchandise cannot be returned by SID as this does cause scheduling and accounting delays. If the merchandise malfunctions after the 3 day period, returns are handled by SID for the fee mentioned above as long as it is within the 30 day period. Client needs to be aware that sometimes the purchase of the merchandise is made several weeks before installation which can affect the time that a vendor will accept a returned item. Restocking fees may apply.

SECTION FIVE

PURCHASING AND PAYMENTS:

For the convenience of the client, SID can purchase all merchandise and materials unless otherwise specified by trade or by client. SID will do what is in the best interest of the client upon client’s request. SID will require a retainer fee of 50% of the estimated project cost for the labor portion and 100% of the materials portion payable before any merchandise is ordered or work is performed, 25% remaining balance due as a progress payment (on extended remodel projects only), and the final 25% balance due at the time of completion. If there are any changes to the materials estimates, a change order will be submitted via email and 100% payment of that change order will be due and payable before any orders will be placed. If client requests to return any material for any reason, a refund will be issued when SID’s company account is credited by the merchant. If merchandise is delayed or backordered for ANY reason, client cannot withhold final payment until delivery of delayed merchandise. Client may reduce final payment by the amount applicable to delayed orders or cancel the merchandise. If client requests to reorder, additional design fees may apply to search for new merchandise and place another order. As soon as SID is notified of the delayed or backordered merchandise shipment, client will pay the amount for that piece upon SID notifying them of the shipment. Client cannot withhold payment until delivery or installation of merchandise as SID company account is charged at the time of shipment, not delivery. A payment schedule and estimated timetable will be provided at the client’s request after all quotes from trades have been submitted and merchandise shipment information has been supplied to SID.

SECTION SIX

FURNITURE PURCHASING:

SID can purchase all furniture approved by client. If client selects furniture that requires any assembly, additional fees will apply for labor. Fees will be charged at an hourly rate of $10.00 per hour for furniture weighing less than 30 pounds. Furniture weighing 30 pounds and higher will be billed at a $20.00 per hour rate for assembly, handling and delivery. If assembly requires additional labor due to missing or damaged parts, all fees will apply for acquisition of parts required to complete assembly. If client decides to discontinue assembly process, all fees incurred still apply including administrative fees to disassemble, repack and return furniture. Please note that SID cannot move furniture up or down stairs. SID also cannot install wall décor weighing more than 35 pounds. This must be done by an independent moving company or by client. SID can have the furniture moved by a moving company but will not be held responsible for any damages that may occur during the move. SID can request a certificate of insurance from tradesupon client request to provide to client prior to hiring.

SECTION SEVEN

ESTIMATED WORK COMPLETION TIMETABLE:

SID will begin obtaining quotes as soon as client approves the cost estimate email(s). SID will keep client informed of progress of all quotes submitted. An email from the client stating expectations of estimated time of completion is highly recommended. Estimated time of completion will be dictated by all trade labor and shipment of merchandise. Client must also understand that consideration must be taken for inclement weather which can greatly affect trade schedules and material delivery. SID cannot be held responsible for any delays caused by inclement weather or other trade issues.

SECTION EIGHT

CUSTOM DRAPERY & DESIGN:

SID can design, fabricate and install custom drapery. At the request of the client, SID can provide illustrations and fabric swatches or any other visual aid requested to convey the custom drapery design concept. This request must be made in writing. All drapery design and visual aids are billed at the current rate of $120.00 per hour. If client chooses to use another fabrication and installation company, client is required to pay all design fees to SID as per bid agreement and fabrication and installation fees will be paid directly to the company that the client has chosen. Any consultation required by the independent fabricator will be billed at the current design fee. Once drapery has been installed by SID, client has 7 days after installation to request any minor alterations or adjustments. After 7 days, fees will apply for any consultation on the drapery installed. All custom drapery is nonrefundable.

SECTION NINE

GENERAL CONTRACT TERMS:

This document will serve as an agreement between SID and client,that the scope of work agreed upon will be completed to the best of SID’s ability within a reasonable time of completion or as otherwise stated in writing. The (client) reserves the right to terminate SID at any time during this project. At that time, SID will refund any and all monies that remain after all balances are paid on approved merchandise, trade labor and all applicable design fees. All materials purchased will be delivered to the (client) as soon as they are received and will be installed at the (clients) discretion. Account reconciliation will be provided to the client supporting any money to be refunded if a refund does apply. SID is paid after design/consulting fees are incurred. No refunds will be made on any fee with the exception of any unused prepaid management fees paid within the process and on orders outstanding. SID will also be required to ensure client that all work in progress will not be stalled as a result of its termination. If termination is due to nonpayment, SID will not be required to provide any disclosure’s until applicable payment is made in full. If client refuses to pay any balance due for reasons other than “nonperformance”, legal action will be taken to reach a fair and equitable settlement.

If client hires SID for design work of any kind, via email, or by any other form of implied contract, client is responsible for all design fees incurred at the current rate of $120.00 per hour. If client does not find the designs submitted to their satisfaction, SID will make minor adjustments to meet the client’s needs within a reasonable time frame. If client refuses or continues to be dissatisfied with submitted changes, client will be responsible for the design fees incurred and must pay in full whether or not designs have been accepted.

SECTION TEN

INVOICE PAYMENT TERMS:

Due upon receipt of invoice unless otherwise negotiated in writing with terms outlined and mutually agreed upon by client and SID.

SECTION ELEVEN

SIGNATURE PAGE: Email acknowledgement is accepted as confirmation that client has read and understands the operation business model of Sicotte Interior Decorating LLC and the scope of services provided.

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Sicotte Interior Decorating LLC Date

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Client Date

SECTION TWELVE

HARD SURFACE FINISHES:

If client chooses to install ANY natural manmade stone or tile surface, it is the responsibility of the client to research that material for environment compatibility. Natural stone has flaws and cracks which is a part of the charm of natural stone installation. SID cannot take responsibility for environmental issues such as extreme heat or cold, moisture and or wear and tear above and beyond general usage that may compromise the integrity of these materials. Please contact the manufacturer or the retail vendor if there are any concerns regarding ALL materials selected. If the materials fail, SID will assist client in trying to resolve the material issues. However, this cannot exceed a reasonable timetable or require hours beyond normal business working hours. Administrative fees will apply.

“DISTRESSED OR WEATHERED” MERCHANDISE:

In the past several years, the terms Distressed, Weathered, Aged, and Worn have been used to describe a particular style or finish of merchandise. This merchandise can at times appear used or damaged. It must be the clear understanding of the client that if this type of merchandise is selected or approved for purchase, its intention is to not look brand new. SID will not be responsible for the appearance of this merchandise or for any touch ups required to “fix” the look that was intended by the manufacturer. If client does not want the piece, all fees apply to return merchandise plus 10% restocking fee if merchandise is returnable.

SECTION THIRTEEN

TRASH REMOVEL:

Unless specified in writing by SID or any other subcontractor employed by client, all trash removal will be the full responsibility of the client which includes and is not limited to all boxes that merchandise has been shipped in. If client requests trash to be hauled off or removed by SID, a trash removal company will be hired and an administrative fee billed at ½ rate per hour will apply for any management of that removal. This includes remodel trash removal unless it is specifically mentioned in the contract submitted by the client employed subcontractor.

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