These Terms & Conditions ("Terms") are incorporated into and form part of every Sales Order, estimate, and invoice issued by FC Design Center ("Company," "we," "us"). By making any payment, signing a Sales Order, or authorizing us to proceed, the customer ("Customer," "you") agrees to be fully bound by these Terms.

1. Estimates & Measurements

This estimate is based on initial measurements or Customer-provided information. A final field measure by FC Design Center is required for all installation projects to confirm quantities, scope, and pricing. Any adjustments identified during the field measure will be documented in writing and may result in additional charges.

Customer acknowledges and agrees:

• Material Orders. All quantities are based solely on measurements supplied by the Customer. FC Design Center is not responsible for shortages, overages, or insufficient material caused by inaccurate measurements provided by the client. Any additional material required will be sold at current pricing plus applicable delivery or rush fees.
• Excluded Site Work. Floor preparation, subfloor leveling or repairs, demolition, transitions, and any other site work are not included in any estimate. These will be assessed at the time of installation and billed separately at our standard time-and-materials rates. Customer agrees to pay all such additional charges.

2. Payment Terms

• Materials-Only Orders. 100% payment is due at the time of ordering.
• Installation Projects. A completed field measure and a 75% deposit are required to finalize the Sales Order and initiate ordering. The balance is due upon Project Completion (defined below).
• Project Completion. "Project Completion" means substantial completion as determined by FC Design Center, defined as the date materials are installed and usable for their intended purpose, regardless of minor punch-list items. Final payment may not be withheld due to punch-list items.
• Credit Card Surcharge. Credit card payments are subject to a 2.99% processing surcharge, which represents our actual cost of acceptance and does not exceed applicable card network limits.
• Quote Validity. All quotes are valid for 15 days from issuance.
• Late Payments. Any unpaid balance after 30 days will accrue interest at 1.5% per month (18% per annum), or the maximum rate permitted by Mississippi law, whichever is less, until paid in full.
• Returned Payments. A $35 fee applies to any returned or declined payment.

3. Custom & Special-Order Items

Many items sold by FC Design Center are made-to-order or special-order. By signing a Sales Order, making any payment, or authorizing us to proceed:

• The order is non-cancellable and non-refundable once placed.
• Custom and special-order items are non-returnable under any circumstances.
• Variations in dye lots, color, grain, texture, veining, knots, and finish are inherent characteristics of natural and manufactured materials, are not defects, and are not grounds for return, refund, or claim.
• Customer is solely and exclusively responsible for the accuracy of all measurements, selections, colors, finishes, and quantities. FC Design Center assumes no liability for shortages, overages, color mismatches, or resulting delays or costs caused by Customer measurements, selections, or changes.

4. Installation & Materials

Excluded Work

Floor preparation, transitions, subfloor repairs, demolition, moisture remediation, and any other site work are expressly excluded from the quoted price. Any such work required will be performed on a time-and-materials basis and must be paid for prior to or upon completion. Customer agrees that refusal to pay for necessary additional work may result in project suspension, delay, or cancellation without refund of deposit.

Scheduling

Installation is scheduled only after all materials have arrived at our facility and have been inspected. FC Design Center is not responsible for manufacturer lead times, backorders, freight delays, or other supply chain disruptions outside our reasonable control.

Site Preparation by Customer

Customer must clear the installation area of furniture, personal items, appliances, and obstructions, and provide adequate access, lighting, electricity, and a controlled climate environment. Failure to do so will result in rescheduling and additional fees billed at our standard rates.

Authorized Installation Only

All installation, modification, and post-installation service work must be performed exclusively by FC Design Center or its authorized subcontractors. Any unauthorized work, modification, or repair voids all warranties (both manufacturer and any provided by FC Design Center) and releases FC Design Center from all liability related to the affected materials or installation.

5. Change Orders

Any changes to scope, materials, quantities, finishes, or schedule after the Sales Order is finalized must be submitted and approved in writing. Approved changes may result in additional charges, extended timelines, and an updated deposit requirement. Verbal change requests are not binding on FC Design Center.

6. Returns

Leftover material is normal industry waste and is not returnable. Approved returns of stock, non-custom items are subject to:

• A 25% restocking fee;
• Return within 14 days of delivery in original, unopened, undamaged packaging;
• Customer responsibility for all return freight; and
• Written approval from FC Design Center prior to return.

Custom, special-order, cut-to-size, and clearance items are not eligible for return under any circumstances.

7. Warranties & Liability

Manufacturer Warranties

Manufacturer warranties, if any, apply to materials and are passed through to the Customer. FC Design Center makes no independent warranty on materials beyond what the manufacturer provides.

Workmanship Warranty

FC Design Center warrants its installation workmanship for a period of one (1) year from the date of Project Completion. This warranty does not cover damage from normal wear, misuse, accidents, water or moisture intrusion, settling, unauthorized modifications, or failure of customer-supplied or customer-prepared substrates.

Disclaimer

Except as expressly stated above, FC Design Center makes no warranties, express or implied, including any implied warranty of merchantability or fitness for a particular purpose.

No Liability for Customer-Caused Issues

FC Design Center is not liable for issues arising from Customer-supplied measurements, Customer-supplied materials, unauthorized work, or failure of Customer-prepared substrates or site conditions.

Limitation of Liability

FC Design Center's total aggregate liability under this agreement, regardless of legal theory, shall not exceed the amount actually paid by Customer for the specific materials or services giving rise to the claim. In no event shall FC Design Center be liable for consequential, incidental, special, indirect, or punitive damages, including lost profits, loss of use, diminution in value, damage to other property, or business interruption.

8. Force Majeure

FC Design Center is not liable for any delay or failure to perform caused by events beyond our reasonable control, including but not limited to: hurricanes, tropical storms, floods, fire, severe weather, acts of God, pandemic or public health emergency, government action, labor disputes, supplier or manufacturer delays, freight disruptions, material shortages, and utility failures. Timelines will be extended for the duration of any such event, and no refund or penalty will apply.

9. Dispute Resolution & Governing Law

Governing Law

This agreement is governed by the laws of the State of Mississippi, without regard to conflict-of-laws principles.

Venue

Any dispute, claim, or action arising under or related to this agreement shall be resolved exclusively in the state or federal courts located in Harrison County, Mississippi. Customer consents to personal jurisdiction in those courts and waives any objection to venue.

Jury Trial Waiver

Customer and FC Design Center each knowingly and voluntarily waive any right to a trial by jury in any action arising out of or relating to this agreement.

Attorney's Fees

In any action to enforce this agreement or to collect amounts due, the prevailing party shall be entitled to recover its reasonable attorney's fees, court costs, collection costs, and other expenses incurred.

10. Acceptance

By making any payment (deposit or otherwise) on this estimate or Sales Order, by signing the Sales Order, or by authorizing FC Design Center to proceed with ordering or installation, Customer:

• Acknowledges having read, understood, and had the opportunity to ask questions about the estimate and these full Terms & Conditions;
• Agrees to be fully bound by all Terms, including without limitation:
  • Non-cancellable / non-refundable custom and special-order items
  • Sole responsibility for Customer-supplied measurements (Materials-Only)
  • Additional charges for floor prep, transitions, demolition, and other site work
  • Limitation of liability and jury trial waiver
  • All other provisions in these Terms & Conditions

Payment or authorization to proceed constitutes Customer's formal acceptance of the entire Sales Order and these Terms & Conditions, even without a signature. Customer agrees that any claim of "I thought it was included," "I didn't see that," or any similar argument is expressly waived once payment is made or work is authorized.

11. Severability & Entire Agreement

If any provision of these Terms is held unenforceable, the remaining provisions remain in full force. These Terms, together with the Sales Order and estimate, constitute the entire agreement between the parties and supersede all prior verbal or written discussions.