ACCEPTANCE OF TERMS AND CONDITIONS These terms and conditions of sale shall govern all orders and purchaser shall be deemed to have agreed to them. Any attempt to change or add to these terms by purchaser, or any conflicting terms on any correspondence, purchase order, or other form sent by purchaser is hereby objected to and rejected. Purchaser shall be deemed to have agreed to these terms and conditions of sale by placing an order, accepting delivery or by making payment hereunder. No oral agreement, course of prior dealings between the parties or trade usage shall amend or supplement any of the terms or conditions herein. All of the terms and conditions of this order and sale appear on this form and no additions or modifications can be made except in a writing signed by both parties that expressly references the amendment of these terms. All references to the “Company” or “we” shall mean The Robert Allen Duralee Group Inc. and The Robert Allen Duralee Group LLC. All references to “Customer,””buyer” or “you” shall mean the purchaser of Company products.
ADVERTISINGAll advertising of the Company’s products must be dignified, tasteful and professional. Use of the Company’s trademarks, trade names, logos, copyrighted materials, digital images or other proprietary materials, in any medium (including without limitation, over the internet), without prior written approval by The Robert Allen Duralee Group, is strictly prohibited and may subject an unauthorized user to legal action by the Company. By purchasing the Goods, Purchaser agrees to abide by Company’s minimum advertised pricing policy.
CLIMATIC CONDITIONS; SUITABLE APPLICATIONSClimatic conditions, including heat, light and humidity levels, within the user’s environment, can affect fabric and wood, and may lead to fading, stretching, shrinking or other damage. Fabric displayed in sample books and memo samples describes the intended application thereof. Hardware is considered a decorative product; while it is also functional, some collections are more appropriate for stationary treatments and others for windows requiring functionality. The selection of hardware, furniture or fabrics for specific placements or applications is made at the discretion and sole risk of the buyer and the Company shall have no liability for such selections. Accordingly, buyers are urged to review the suitability of such choices before ordering and to allow sufficient fabric for environmental effects.
DRAPERIESAn adjustment will almost always take place, up or down, in any drapery length after it has been hung for the first time. Even preshrunk materials are allowed 3% shrinkage. A minimum of 4" hems should therefore be used to permit later adjustments. It is recommended that fabrics be installed, and hemmed later, when the fabric has adjusted itself to the room. (Dampness will cause fabrics to shrink, and dryness will cause fabrics to stretch.)
Note: Although in printing and weaving every effort is made to avoid distortion, occasionally it will exist. Therefore, when planning multiple-width draperies please make certain, before cutting, that pattern alignment is adequate to produce a satisfactory end result.
DYE LOT AND OTHER VARIATIONS; INHERENT IMPERFECTIONSColor will vary from piece to piece and the Company does not guarantee the dye lot. For exact match, request cutting and reserve for approval. In the absence of such request and reserve, the Company shall have no liability for variations in color, dye lot or shade. Some collections contain products that are hand-painted or manufactured by hand; slight variances in color, texture and/or weave may occur. There may also be inherent imperfections in certain fibers, metals, leathers or fabrics. None of the foregoing shall be considered defects
FIRE CODESRobert Allen Duralee Furniture upholstered items meet the requirements of the California Bureau of Home Furnishings Technical Bulletin 117-2013. It is the sole responsibility of the purchaser to specify fire code classifications that meet the jurisdictional agency of the location where the items are to be installed, if other than the code noted above. Robert Allen Duralee Furniture makes no representation that the specifications supplied to us by the purchaser meet the applicable requirements. All COM must be correctly manufactured or treated to meet The National Fire Protection Agency (NFPA) Class 1 standards when used in locations or for purposes that require it. COM which fail to meet these standards, void any Robert Allen Duralee Furniture warranties, expressed or implied. If additional fire codes are required to be met, they can be done for an additional charge based on the specific code and compliance steps required by the governing body. Please contact your Robert Allen Duralee Furniture Customer Service Representative for availability and pricing. In accordance with the provisions of the Flammable Fabrics Act, as amended, this merchandise is not intended for use in the manufacture of wearing apparel. Flame retardant chemicals can cause skin irritation, fabric spotting and/or stitching problems. In addition, all of the flame retardancy may be removed through machine washing and/or dry cleaning of the fabric. Accordingly, the Company shall have no liability for any losses, claims or damage resulting from flame retardant chemicals. Adding topical treatments to any fabric may alter the performance, quality, color or hand. The Company shall have no responsibility for any damage to fabric treated beyond regular finishes applied at the mill level.
In accordance with the provisions of the Flammable Fabrics Act, as amended, this merchandise is not intended for use in the manufacture of wearing apparel. Flame retardant chemicals can cause skin irritation, fabric spotting and/or stitching problems. In addition, all of the flame retardancy may be removed through machine washing and/or dry cleaning of the fabric. Accordingly, the Company shall have no liability for any losses, claims or damage resulting from flame retardant chemicals. Adding topical treatments to any fabric may alter the performance, quality, color or hand. The Company shall have no responsibility for any damage to fabric treated beyond regular finishes applied at the mill level. Industry standards provide that 2% should be allowed for shrinkage if stain repelling, flameproofing or other processing is performed. Orders will be invoiced at the actual yardage requested as it will be assumed that the allowance has been made by the customer
INQUIRIESWhen inquiring about an order always be sure to list the "pattern" number or name, color and yardage required.
MEMO SAMPLESThe Robert Allen Duralee Group provides memo samples upon request, in its sole discretion for the sole purpose of assisting Customers in their purchasing decisions and they remain the property of the Company. The Company requests that all memo samples be returned within 30 days and reserves the right to charge for memo samples or to take any other steps it deems necessary to ensure that memo samples are used for their intended purpose.
MINIMUM ORDERSThe minimum order for cut yardage is one yard for fabrics and trim. Incremental yardage is ¼ yard. Orders received for cuts other than in ¼ yard increment will be rounded up to the next ¼ yard and billed at that amount. Leather is sold by full hides. Certain hardware is sold only in pairs.
PAYMENT TERMSUnless specified otherwise, payment terms are net thirty days from date of invoice. Shipments are F.O.B., point of origin, unless stated and acknowledged otherwise.
PLACING AN ORDERWhen placing an order be sure ALL information is given, including pattern name or number, color, all shipping instructions and markings.
PRICESPrices herein quoted are net wholesale. Prices are subject to change without notice. All shipping and special processing charges are additional.
RETURNS & CLAIMSNo returns will be accepted unless authorization has been given. Your request for return authorization must include the invoice number, date of invoice, pattern, color, yardage and reason. All returns must be made within 30 days of invoice date.
No returns will be accepted unless authorization has been given. Returns will not be accepted for fabric under 6 yards and dye lot variations. Yardage should be inspected for flaws, correctness of color, pattern, quantity and quality upon receipt, as returns will not be accepted for goods that have been cut, treated, altered, processed, subject to abuse or misuse, or damaged after shipment by Company. Returns will also not be accepted for custom products, special-ordered goods or if it is determined that damage is due to customer abuse of product.
Refused shipments, Customer duplication of orders, or cancellations after shipment has been made are subject to a 25% re-stocking charge and all freight charges.
SHIPPINGPlease specify shipping instructions if a particular carrier is preferred. If no instructions are provided, shipments will be routed by the carrier we deem most expedient.
SPECIAL PROCESSESIndustry standards state that 2% should be allowed for shrinkage.
On orders for stain repelling, flame proofing, or other processes, indicate if allowance has been made for shrinkage. If an order does not explicitly indicate that the yardage amount requested includes an allowance amount for shrinkage, we will be assume that the additional allowance for shrinkage has been included and the order will be cut and invoiced at the amount requested.
If a laboratory certification is required, increase your order by one (1) yard to allow for testing.
A continuing guarantee under the Textile Fiber Products Identification Act is filed with the Federal Trade Commission.
LIMITATION OF LIABILITY Robert Allen Duralee liability for any claim of any kind, including loss or damage resulting from or in connection with the manufacture, sales, delivery, resale, repair or use of any item covered by or supplied under these terms and conditions of sale shall in no case exceed the price of the item which gives rise to the claim. Claims resulting in lawsuits must be filed with the court of competent jurisdiction in the State of New York, County of Suffolk and buyer hereby consents to the personal jurisdiction of the federal and state courts located in Suffolk, New York. The Company shall not be liable for delay or failure in performance hereunder arising from any act of God or nature, strike, labor disruption, government action, lack of materials or other cause not within its control. Any action for breach of this Agreement must be made within one year after the sale.
DISLCAIMER OF WARRANTIES, LIMITATOIN ON LIABILITYUNLESS OTHERWISE EXPRESSLY OFFERED BY THE FABRIC, HARDWARE OR FURNITURE MANUFACTURER AND INDICATED IN WRITING BY THE COMPANY, COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE OR OF MERCHANT ABILITY. IN THE EVENT OF COMPANY’S LIABILITY, WHETHER BASED IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, BUYER’S SOLE AND EXCLUSIVE REMEDY WILL BE LIMITED AS SET FORTH IN THE SECTION ENTITLED “NON-CONFORMING OR DEFECTIVE PRODUCTS”, TO REPAIR OR REPLACEMENT BY COMPANY OF ANY DEFECTIVE OR NONCONFORMING GOODS FOR WHICH TIMELY CLAIM MAY BE MADE BY BUYER. COMPANY EXPRESSLY DISCLAIMS ANY LIABILITY TO BUYER, ITS CUSTOMERS OR TO END USERS OF ITS PRODUCTS, FOR SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, INCLUDING DAMAGE TO OR LOSS OF OTHER PROPERTY OR EQUIPMENT, PERSONAL INJURY, LOSS OF PROFITS, BUSINESS OR REVENUES, OR COST OR OTHER DAMAGE, LOSS OR EXPENSE FROM ANY CAUSE WHATSOEVER, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE SALE OR USE OF ITS PRODUCTS. THE MAXIMUM LIABILITY, IF ANY, OF COMPANY FOR ALL DAMAGES HEREUNDER IS LIMITED TO THE PURCHASE PRICE OF THE DEFECTIVE OR NON-CONFORMING PRODUCTS SOLD PURSUANT TO THIS TRANSACTION. ANY ACTION ARISING HEREUNDER MUST BE BROUGHT WITHIN ONE YEAR FROM THE DATE OF SALE. SOME STATES DO NOT ALLOW THE EXCLUSION O R LIMITATION OF WARRANTIES, CONSEQUENTIAL DAMAGES OR REMEDIES, OR LIMITATION ON THE TIME FRAMES INVOLVED IN SAME, IN WHICH EVENT THESE LIMITATIONS MAY NOT APPLY TO YOU.