Letter of Agreement
This agreement is between West Trade Interiors, LLC (referred to as “West Trade Interiors,” “WTI,” or “Designer”) and Amanda and Will Bigham (“Client”). The purpose of this agreement is to define the scope of work and the schedule of payments agreed upon by both parties.
Client:
Amanda and Will Bigham
1901 Tippah Ave
Charlotte, NC 28205
Designer:
West Trade Interiors, LLC
1145 Bolling Road
Charlotte, NC 28207
This letter confirms our agreement for interior design concept and implementation services to be performed at 1901 Tippah Ave Charlotte, NC 28205 with respect to the areas specifically identified in the “Scope of Work” paragraph, below.
Scope of Work
Design oversight, approvals and general specifications for key commons areas to include kitchen, great room, dining room, living room, library and porch.
Scope of Services:
Design Process & Phases are as follows.
PHASE I – Design and Selections
- Take detailed measurements of rooms and finalize furniture layout
- Develop color palette for rooms, taking into account existing décor
- Source new furniture, rugs and lighting for spaces
- Present up to 3 options per item for client review over the span of 2-3 meetings
- Determine availability and pricing of all selections and present recommendations
Maximum Hours to complete Phase I: 39 hours
PHASE II – Purchasing, Tracking & Scheduling
- Finalize all selections, confirm availability/lead times and prepare final estimates for approval
- Submit purchase orders and manage purchasing process
- Assure custom upholstery items are made to specifications
- Coordinate product delivery and installation times
Maximum Hours to Complete Phase II: 21 hours
PHASE III – Installation and Accessorizing
- Oversee delivery and installation of furniture, rugs, lighting and any accessories
- Select any additional accessories to “finish” the room
- Manage returns, reselection & re-installation, if necessary
Maximum Hours to Complete Phase III: Up to two install days, 14 hours
Timeline:
This contract covers up to 8 weeks of front-end design collaboration, from the date of contract execution, as detailed below. Installation is estimated at 5 months after order date but on occasion can be expedited based upon factors outside of West Trade Interior’s control, such as client decision time, product availability or the selection of floor model pieces and in-stock product.
- Client to submit 100% of design fee payment within 48 hours of contract completion (LOA signature)
- Designer to complete and present proposal within 4 weeks of design fee payment
- Client to confirm selections or request revisions within 5 business days of in-person presentation
- Designer to order all product within 7 business days of Client’s final decisions and payment
Purchasing Provisions:
West Trade Interiors charges on a cost +30% basis with respect to purchasing services. Designer will prepare and submit written estimates for all items to be purchased on your behalf. Unless otherwise agreed to in writing by WTI, 100% of the purchase price will be due and payable before ordering the chosen items. Your product payment will signify your approval to order all listed items.
Items furnished by designer on client behalf will be delivered and installed. Please look over your new items in detail immediately and alert WTI within 24 hours if you have a concern. Items can typically only be returned if (A) they are defective or damaged prior to installation, and (B) the defects or damage are brought to WTI’s attention within 24 hours of installation. West Trade Interiors is not responsible for damage to any item once it has been installed in your home. In addition, custom ordered items purchased by us on your behalf which have been approved by you cannot be canceled or returned.
We request and highly recommend that the Client complete any independent shopping for the above specified spaces before engaging West Trade Interiors and that all purchases for items during West Trade Interior’s engagement be processed through West Trade interiors for organization and cohesion purposes. If the Client elects to order products directly from retail vendors, the payments, billing disputes, delivery schedules, and quality issues arising from these purchases will remain the sole responsibility of the client. Upon request, West Trade Interiors, LLC will make reasonable attempts to assist Client in resolving problems and bill accordingly at West Trade Interior’s normal hourly rate.
We do not guarantee any fabric, material, article or item against any defect. West Trade Interiors provides no warranties, representations or assurances whatsoever regarding those matters. No responsibility is assumed for delays occasioned by failure of others to meet commitments caused by reasons beyond the designer’s control. West Trade Interiors is not responsible for damage incurred during shipping or installation.
You will be responsible for payment of sales tax where applicable and all delivery charges and storage, if required. Balances on all items are due and payable in full prior to ordering, shipping and installation.
Compensation:
Designer bills for design services on a flat rate basis. The estimated design fee of $12,950 will not change unless the scope of work grows beyond the original agreement. All invoices for services rendered by West Trade Interiors are payable upon receipt. If the Client wishes to pay with a credit or debit card, a 3.5% processing fee will be added.
Additional services outside the scope of this agreement, provided by West Trade Interiors, LLC shall be billed to the Client at the hourly rate of $ 175 per hour. These services include, but are not limited to, project management, ordering, delivery coordination, etc. Designer will notify the client about potential or pending overages prior to billing.
Designer Rights:
As West Trade Interiors requires a record of West Trade Interiors’ design projects, the Client will permit West Trade Interiors or its representatives to photograph/video the Client’s project. West Trade Interiors will be entitled to use photos/video for West Trade Interiors business purposes. West Trade Interiors reserves the right to share on social media (including without limitation facebook, instagram, pinterest and twitter) images and descriptions of any work and/or services that West Trade Interiors performs for the Client, including without limitation images and descriptions of design concepts, works in progress, finished projects, installations and furnishings. Notwithstanding the foregoing, West Trade Interiors shall not disclose on social media the Client’s specific address or the Client’s name without his or her prior consent. To the extent that the Client publishes on any social media images or descriptions of West Trade Interiors’ work and services that West Trade Interiors performs, including without limitation images and descriptions of design concepts, works in progress, finished projects, installations and furnishings, the Client shall not tag West Trade Interiors or its owners or employees without West Trade Interiors consent. Furthermore, if Client publishes on social media images or descriptions of West Trade Interiors’ work and services that West Trade Interiors performs for the Client, the Client will notify West Trade Interiors within 24 hours and, if West Trade Interiors so elects, the Client shall tag West Trade Interiors in his or her social media post.
In addition to all other legal rights, Designer shall be entitled to withhold delivery of any items of merchandise or the further performance of any other services, should the Client fail to make timely payments in accordance with this Agreement.
Designer is not responsible for items, furniture, accessories, paint related decisions or other purchases made by the Client after approval has been given to the Designer to proceed. Any and all costs and expenses associated with making post- approval changes will be the responsibility of the Client and will not hold the Designer responsible for any reason. Client acknowledges and agrees that any post-approval changes made by the Client may delay the completion of West Trade Interiors design and purchasing services.
Force Majeure:
West Trade Interiors may, from time to time, be prevented from the timely performance of services required by this agreement by reason of factors or conditions beyond the control of West Trade Interiors that render impracticable West Trade Interiors’ ability to perform services during the period the factors or conditions remain in effect, including, but not limited to Acts of God, floods, pandemics, fires, hurricanes, tornados, strikes, storms, labor shortages, supply chain issues, logistical issues, or labor disputes (individually and collectively, a “Force Majeure Event”). In the event of an interruption due to a Force Majeure Event, West Trade Interiors will make a reasonable effort to give timely notice to the client of the Force Majeure Event giving rise to the interruption and will arrange a schedule, in consultation with the client, for the performance of the services required once the Force Majeure Event ceases. During the period that the Force Majeure Event prevents West Trade Interiors from timely performing the services or delivering or installing products, said interruption as described in this section will not constitute a failure to perform by West Trade Interiors under this Agreement, and will not give rise to the client’s rights of termination stated below.
Cancellation:
Either party, upon written notice may terminate this agreement, should the other party fail to perform in accordance with the terms of this agreement. Designer shall be compensated for all purchases made at the request of the client and all design services, performed prior to notice of the termination, at the hourly rate of $175 per hour for designer.
Acceptance:
Please sign using a stylus, your mouse, or your finger below to authorize this contract. By electronically signing this document, you agree to the terms established above. After the document is signed, you can proceed to print it.
Signed on Thu Aug 17 2023 09:37:29 GMT-0400 (Eastern Daylight Time)
IP Address: 108.147.2.34