The Redefined Home

Terms of Use

Effective August 15, 2010

Understanding

Unless otherwise stated by THE REDEFINED HOME, LLC (Company) any proposal and/or any resulting contract between Company and a client of Company ("Buyer") will be subject to the following terms and conditions. These terms and conditions represent the complete agreement of the parties, and no terms or conditions in any way adding to, modifying or otherwise changing the provisions stated herein shall be binding upon Company unless made in writing and signed by an officer of Company. No modification of any of these terms will be effected by Buyer's purchase order, shipping request or similar forms containing terms and conditions conflicting or inconsistent with the terms herein.

Prices and Terms

Company's prices for its services shall be as disclosed to Buyer in a proposal or other price list, and are quoted in U.S. dollars. A minimum deposit of fifty percent (50%) of the proposal price is required to initiate the service. Purchases made for Buyer, e.g. textiles, furniture, accents and/or other products, require payment in full to initiate the purchase. All accounts shall be paid in full when invoiced. A service charge of two percent (2%) per month or the maximum permissible rate will be added to all accounts not paid within thirty (30) days from the date of invoice. Buyer shall pay, or reimburse Company for, all charges for transportation and delivery, all taxes, levies, charges or surcharges with respect to a purchase; and Buyer shall pay, or reimburse Company, for all other expenses levied by any government authority, whether federal, state or local, either directly or indirectly, applicable to the merchandise or services sold by or through Company. All purchases must be paid in full, including shipping, handling, packing, storage, taxes and service charges, prior to any delivery to Buyer.

Title/Risk of Loss

Delivery of goods to a carrier for delivery to Buyer shall be deemed to constitute delivery to Buyer, and thereupon title to such goods, and risk of loss or damage, shall be Buyer's. Buyer shall inspect goods upon receipt and any claim by Buyer against Manufacturer, Retailer, Company or carrier for shortage or damage must be made in writing within forty-eight (48) hours after receipt of shipment. After such period, all goods will be deemed accepted, except as such notice in writing has been timely given. Acceptance by Buyer of any goods shall constitute a waiver by Buyer of any default or claim for damages on account of such goods.

Completion and Delivery Dates

All quoted completion and delivery dates are estimates only, and Company, Manufacturer, nor Retailer shall be liable for any delay in shipment or receipt of goods.

Method of Shipment

Manufacturer or Retailer will determine product shipment methods and carriers unless otherwise agreed by all parties. Any shipments returned to Manufacturer, Retailer, or Company, including but not limited to such returns as a result of Buyer's improper failure to accept delivery or otherwise accept the goods, are the responsibility of the Buyer. If additional costs are incurred, including shipping and storage fees, the Buyer will negotiate the fees with the Manufacturer, Retailer, and/or Company.

Warranty and Disclaimer

Company warrants that its services shall be conducted in accordance with appropriate standards in the industry. All warranties as to any goods shall only be as provided by the Manufacturer and/or Retailer. Company makes no warranties on the goods, including that they are free from defects in workmanship and materials. No warranty shall apply to damage or breakage resulting from misuse, accidents, abuse, neglect, mishandling or wear by Buyer. The warranties of Company herein are the sole warranties provided by Company and are in lieu of all other express or implied warranties, all of which are expressly disclaimed, including, without limitation, any implied warranty of merchantability or fitness for a particular purpose.

Limitations of Liability

Neither Company, Manufacturer, nor Retailer shall be liable for special, punitive, incidental or consequential losses, damages or expenses, directly or indirectly arising from the services of Company, sale, handling or use of any goods, or from any other cause with respect to the services or goods of, or obtained by, Company, whether such claim is based upon breach of contract, breach of warranty, strict liability in tort, negligence or any other legal theory. Further, in no event shall Company be liable for any damages or other fees for any reason whatsoever in excess of the purchase price of the goods and services ordered by Buyer. Manufacturer's or Retailer's liability may be further limited, as per the terms of the Manufacturer's or Retailer's warranty. Any claim by Buyer with reference to the services of Company or any goods sold shall be deemed waived by Buyer unless submitted to Showroom and/or Manufacturer, as applicable, in writing, within thirty (30) days from the date Buyer discovered, or should have discovered, any claimed breach.

Remedies upon Default

If Buyer fails to make payment in accordance with the terms herein or otherwise fails to comply with any provision hereof, Company may, at its option, cancel any unshipped portion of an order, retain the goods and declare a forfeiture of the deposit as liquidated damages. Company shall also (in addition to other remedies available) have the right to appropriate and sell the goods and apply the amounts collected to any payment due to Company, Manufacturer, Retailer, and/or the payment of any expenses and costs to exercise Company's rights hereunder, as Company shall determine in its sole discretion. Buyer will remain liable for the balance of all unpaid accounts.

Drawings, Plans, Dimensions, Samples

All drawings, plans and designs created by Company shall remain the property of Company. Company also reserves the right to identify Buyer as a customer of Company and, as agreed to by Buyer, to use photographs or other renderings of Company's work for Buyer in Company's marketing and promotional materials. All drawings, descriptions, dimensions and illustrations provided by Company, Manufacturer, or Retailer, including in any price lists, catalogs or advertisements, are close approximations only. Any examples or samples exhibited or provided to Buyer are for general informational purposes only. Nothing in any drawings, descriptions, illustrations, lists, advertisements, catalogs or samples shall be deemed to create a representation or warranty or serve as the basis for any claim against Showroom, Manufacturer, or Retailer. In addition, furniture, lighting, textiles or other goods may be handmade or specially treated or processed and are subject to slight variations, which Buyer acknowledges and agrees to.

Waiver

Waiver by Company of any breach of these terms and conditions shall not be construed as a waiver of any other breach, and failure to exercise any right arising from any default hereunder shall not be deemed a waiver of such right which may be exercised at any subsequent time.

Force Majeure

Neither Company, Manufacturer, nor Retailer shall be liable for any delays in, inability to complete, or other default in any order for any reason or cause beyond Company's, Manufacturer's or Retailer's reasonable control, including but not limited to (a) government action, war, riots, civil commotion, embargoes or martial laws, (b) Company's, Manufacturer's, or Retailer's inability to obtain necessary materials from its usual sources of supply, (c) shortage of labor, raw material, production or transportation facilities or other delays in transit, (d) labor difficulty involving Company, Manufacturer, Retailer, or others, (e) fire, flood or other casualty, or (f) other contingencies of manufacture or shipment. In the event of any delay in Company's, Manufacturer's, or Retailer's performance due, in whole or in part, to any cause beyond Company's, Manufacturer's, or Retailer's reasonable control, Company, Manufacturer, and Retailer shall have such additional time for performance as may be reasonably necessary under the circumstances.

Severability

In the event that any one or more of these terms or conditions is held invalid, illegal or unenforceable, such provision or provisions shall be severed and the remaining terms and conditions shall remain binding and effective.

Governing Law

The order and all rights and obligations, including matters of construction, validity and performance shall be governed by the laws of the State of Iowa without giving effect to any choice of laws rules.