Application of Standard Terms
Any terms or conditions contained in any Purchase Order or other forms used by the Buyer which is different from, in addition to, or in any way inconsistent with the seller's standard Terms and Conditions, shall be of no force or effect whatsoever, except under the written approval of both Buyer and Seller.
Acceptance
This order acknowledgment or Valid Purchase Order received is the final expression of the agreement between the customer and seller and supersedes all previous agreements. The acknowledgment also includes and is subject to all terms and conditions set forth herein. The acknowledgment may only be modified in writing by seller.
Insurance
Public Liability, Workers Compensation, Property damage, and Automotive Insurances are all carried by Seller. Fire, tornado, flood, and other such insurances directly related to the installation site are the buyer's responsibility. The risk of loss passes from the seller to the buyer upon delivery of the merchandise to the installation site.
Security Interest/Title
Title to all goods will not pass to customer, and all merchandise shall remain the property of seller, until it has been paid for in full. Failure to pay for merchandise with payment terms may result in repossession of the merchandise. Purchaser agrees to pay costs and expenses, including attorney's fees resulting from actions taken to repossess merchandise.
Normal Business Hours
Delivery and installation work will be performed by the seller's staff during normal business hours Monday through Friday unless other specific agreements are made in writing. Installations done before or after normal business hours, on weekends or holidays will be subject to additional overtime charges and subject to the seller's acceptance, unless such agreement was specifically agreed to in the final proposal. Work order changes must be accomplished via "CHANGE ORDER REQUESTS" in writing and signed off by both parties prior to additional ordering.
Specification Time
Specification time includes one (1) initial drawing and one (1) re-draw. Additional specification alterations, changes and drawings will be charged out at current specification rates.
Job Site Conditions - The job site must be ready to accept furniture with construction complete (ceiling grid and tile in, wall covering/paint done, carpet and baseboard finished, electrical/data work done, etc.) and the space free of trades (punch list trades only), as well as clean and free of debris. Adequate facilities for off-loading, staging, moving, working elevators and handling of merchandise shall be provided.
Stair carries and hoisting will be billed as extra.
Labour
Seller's ability to erect or assemble furniture knocked-down or to permanently attach, affix, or bolt in place movable furniture is dependent on jurisdictional agreements. If trade regulations enforced at the time of installation require the use of tradesmen at the site other than the seller's own installation personnel or subcontractor, resulting additional costs will be paid by buyer.
Cancellation & Changes
If this proposal is accepted (confirmed) by the Buyer and becomes an order, it is understood and agreed that it cannot be canceled except by mutual consent. The seller's order confirmation is final and binding and any subsequent changes are subject to seller's ability to conform and are dependent upon factory approval. Changes in quantity or specification are subject to approval by seller and manufacturer. Resulting additional charges from the manufacturer shall be paid by buyer. All requests for changes in quantity or specification shall be delivered to the seller in writing. Excessive modifications that result in extra design, project management or specification costs not already included in the initial proposal will be paid by the buyer at the Sellers standard rate.
Returns
All merchandise is non-returnable without seller approval, and without reimbursement of loss and associated expenses incurred by seller in accepting the return.
Claims
All claims shall be deemed waived unless made in writing delivered to Seller within 10 business days after receipt of goods by buyer. In no event, will any claim be entered after goods have been cut or otherwise processed. Buyer shall afford seller prompt and reasonable opportunity to inspect goods at to which any claim is made as above stated. Seller reserves the right, at its sole discretion, to remedy any claimed defect in the goods or to replace such goods. If not replaced by seller as herein provided, seller's liability shall be limited to the stated selling price of any defective goods. Seller shall in no event be liable for buyer's manufacturing costs, lost profits, good will or other special or consequential damages.
Credit
Buyer's credit approval is required, at seller's sole option and discretion, prior to the acceptance of any offers and shipment or delivery of any goods or merchandise. Once given, credit approval is subject to revocation by seller at any time without notice and in such event, seller may either require payment prior to delivery to Buyer of C.O.D. In no event, shall credit be granted for the additional costs of installation that may be required.
Payment
The following payment requirements apply:
- Acceptance of delivery constitutes acceptance of the merchandise as delivered, unless otherwise noted at time of delivery,
- Seller's terms are net 30 days from date of invoice upon credit approval and subjected to a 50% deposit (unless otherwise agreed to) due at signing.
- A final Invoice will be issued upon completion.
- The buyer agrees to pay a finance charge of 1.5 percent (1.5%) rate per month at the annual percentage rate of 18% on all delinquent invoices as well as all
- collection expenses, legal fees and court costs which the seller may incur due to the buyer's default of payment.
- Credit card payments will only be accepted up to a maximum of $5000.00
Pricing
Prices quoted are good for 30 days from the date of this quotation. Unless specifically stated, prices do not include any applicable taxes, which are to be additional and paid for by the buyer.
Taxes
All applicable taxes will be added at the time of invoicing, unless already included in the Sales Proposal.