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Bailey & Griffin
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John Robshaw for Duralee
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Clarke & Clarke
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Furniture Terms & Conditions of Sale
ABANDONMENT & COLLECTIONS
Merchandise not paid for within 90 days of invoice will be considered abandoned. In addition to any other remedy, Duralee Furniture shall be entitled to liquidate the merchandise, retain all deposits and apply such proceeds to the unpaid invoiced balances. The purchaser is liable for any collection, legal fees and expenses incurred in the collection of unpaid invoices and any storage or related fees.
The terms and conditions set forth herein represent an offer by Duralee Furniture to sell product to the purchaser. The purchaser’s acceptance of a Duralee Furniture sales order acknowledgment or invoice is an acceptance of the terms and conditions herein. In the event that the terms and conditions of an order are contrary to the terms and conditions indicated herein, these terms and conditions shall supersede any inconsistent or contrary terms and conditions indicated on the actual order or any other document supplied by the purchaser. A waiver of any one term or condition shall not be deemed a waiver of any other term or condition.
All claims for workmanship defects, shortages and errors must be made within (2) days, after receipt of the merchandise to firstname.lastname@example.org. Any repairs or claims must be documented in writing accompanied by photographs and sent to Duralee Furniture Claims Department. Payments will not be made for any unauthorized repairs. Failure to make a claim within two (2) days after receipt of the merchandise constitutes acceptance of the merchandise and a waiver of claims.
Duralee Furniture is not responsible for any freight related claims, but will assist the purchaser, if possible. All merchandise is inspected before shipping and acknowledged in a signed document by the freight company that the items have been picked up in good condition. Third party shippers have sole responsibility for any damage, loss or shortages incurred during transit. Purchasers or their receiving warehouses must inspect the items upon arrival and make claims for any damage, loss or shortages directly to the carrier. Purchaser or their receiving warehouse should retain all packing materials of damaged items until the claim is resolved.
No merchandise can be returned to Duralee Furniture without its written consent. Unauthorized returns will be reshipped to the location of origin freight collect. Claims resulting in lawsuits must be filed with the court of competent jurisdiction in the State of New York, County of Suffolk.
Custom quotes must be reviewed by Duralee Furniture for suitability before it is accepted into production. Duralee Furniture reserves the right to reject custom requests. Duralee Furniture also reserves the right to make changes which relate to product structural integrity without notice.
CUSTOMER’S OWN MATERIALS (COM)
Production will not begin on any item requiring any type of fabric, leather, trim or cords supplied by the purchaser until ALL the materials for the item ordered have arrived, been identified and inspected. Duralee Furniture assume all COM received have been inspected and are ready for use. The purchaser is responsible for ensuring that all materials are identifiable when received. The purchaser takes responsibility for the wear-ability, safety, or fire code validity of the materials supplied by the purchaser. Duralee Furniture takes no responsibility for the selection of materials chosen by the customer. Duralee Furniture warranties does not extend to customer materials supplied by the purchaser. All fabric defect related claims are the sole responsibility of the Customer and fabric vendor.
Delivery dates and lead times are estimates only, based on production schedules at the time of the order, and are subject to change. Production cannot begin and lead times cannot be calculated until the acceptance of the order by Duralee Furniture which includes: receipt of the required deposit; receipt of all COM; and confirmation of any changes, modifications or approvals to the original order. Duralee Furniture shall not be held responsible for any delays in production, or any costs related to late deliveries. All freight is FOB, N.C.
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. 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 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 Duralee Furniture Customer Service Representative for availability and pricing.
FREIGHT & SHIPPING
Duralee Furniture will ship furniture items prepaid and billed, via furniture specific carriers that accept shrink-wrapped freight, as a service to the purchaser. The normal delivery times are 3-14 business days. This time may be extended if the delivery is going to a remote location. Once an item has left the facility, we can track the shipment, but have no control over the transportation of the goods. Purchasers can select their own carriers. However, Duralee Furniture takes no responsibility for tracking other carriers’shipments or assistance in any freight related claims. Information for carriers, other than those offered by Duralee Furniture, must be identified on the purchaser’s order including; the carrier’s name, address, contact information and phone number. Freight rates are subject to change due to carrier price changes and fuel surcharges. All freight is FOB, N.C. Our prepaid freight is based on cubes or weight, not value. In shipping dock to dock, the carriers will only deliver to a professional receiving/delivery service. All furniture should be unpacked, examined and repacked before delivery to the end user. Duralee is not responsible for furniture that is not properly repacked.
IN HOME DELIVERY
In most cases, items can be shipped directly to the end user by a nation-wide In Home Delivery service. They will place the furniture into the customer’s home. They will not remove doors or move other furnishings in the home. Be sure the furniture ordered will fit into the delivery location. If the delivery is deemed difficult, the customer may be asked to sign a damage waiver for the items being delivered.
The customer should inspect the goods immediately upon arrival, and if there is damage or a defect noticed, the delivery should be refused as there is no recourse against the In Home Delivery service once the items are accepted.
In Home Delivery may extend the estimated delivery time for several weeks, especially if the delivery location is in a remote area. Contact your Duralee Furniture Customer Service Representative to provide a quote for an In Home Delivery.
LIMITATION OF LIABILITY
Duralee Furniture 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. In the case of a dispute, all matters shall be resolved under the laws of the state of New York. Any action for breach of this Agreement must be made within one year after the sale.
Written orders received from the purchaser with all the correct information will be acknowledged by Duralee Furniture in writing within 48 hours. Duralee Furniture reserves the right to reject any order, refund any deposit and return any COM freight collect. It is the responsibility of the purchaser to advise Duralee Furniture in writing of any errors or discrepancies in the sales order acknowledgment within five (5) days of the receipt of the acknowledgment by Duralee Furniture. Changes to an order are subject to additional charges for materials, labor and other related costs and the order will be held until written confirmation from the purchaser is received. All furniture is subject to minor changes in details from the specifications noted as it applies to hardware, finishes and other minor upholstery details.
Duralee Furniture requires a deposit of 50% of the total purchase price for all orders. Orders received without a deposit will be held pending the receipt of the deposit payment. All payments must be received from the purchaser as identified In the purchase order. No third party payments will be accepted, unless approved in writing by Duralee Furniture. Acceptance of third party payments is an accommodation and does not create any relationship between Duralee Furniture and the third party.
A service fee of 1.5% per month will be applied to orders that remain unpaid after (30) days of being invoiced. Canceled orders are subject to a cancellation fee. Acknowledged orders canceled prior to entering production are subject to a fee in the amount of 20% of the total purchase price. Orders canceled thereafter will be subject to a larger cancellation fee determined at the sole discretion of Duralee Furniture. The purchaser agrees that the cancellation fees compensate Duralee Furniture for the reasonable estimate of losses on the canceled order. Any order not shipped within 10 days of notification of completion is subject to a $7.50 per day, $50 minimum, storage fee.
Prices are subject to change without notice after an order has been accepted. Duralee Furniture reserves the right to change prices based on changes in quantities or total value of previously provided contract quotations, changes in orders from the purchaser and to correct pricing on orders received which contain modifications from the original order. Unless otherwise Acknowledged in writing, prices include carton packing, but, do not include freight or delivery, in-transit insurance, storage, service, taxes, receiving or installation. Freight can be prepaid by Duralee Furniture nor by the purchaser for third party collect payment. All prices are FOB, N.C., unless stated and acknowledged otherwise.
Duralee Furniture reserves the right to make minor changes in furniture design, dimensions and other materials without prior notice. Duralee Furniture products are handcrafted and can have minor variations. All dimensions can have slight variations. Wood finishes can vary from samples and exact matching is not guaranteed. Materials used within the product line are listed in the General Product Information section of this price list and are to be considered the standards used in the manufacturing process.
Duralee Furniture upholstered products are sold with a limited warranty against defects in materials and workmanship for a period of one year from the delivery date. Fully upholstered frames carry a limited lifetime warranty. Duralee Furniture reserves the right to repair or replace defective merchandise, at its sole discretion. This limited warranty does not extend to other materials supplied by the purchaser or damage caused by shipping, accident, abuse, misuse, cleaning, or normal wear and tear. All other warranties express or implied are excluded.
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