Furniture Terms & Conditions of Sale

ACCEPTANCE OF TERMS AND CONDITIONS
These terms and conditions of sale shall govern all furniture and casegoods 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 “Robert Allen Duralee Furniture” “Company” or “we” shall mean The Robert Allen Duralee Group Furniture, LLC. All references to “Customer,””purchaser” or “you” shall mean the buyer of Company products.

ABANDONMENT & COLLECTIONS
The Company shall charge a storage fee to the purchaser for any furniture which is ready to ship and for which the balance has not been paid in full and/or for which delivery instructions have not been given within thirty (30) days after being billed. Merchandise not paid for within 60 days of invoice will be considered abandoned. In addition to any other remedy, the Company 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 Company’s sole liability to purchaser (or purchaser’s customer or the end-user) shall be to reimburse the purchaser for payments made after deduction by the Company for its cost of goods, its customary profit thereon and all unreimbursed expenses of shipping, storage and sale thereof. 

ADVERTISING
All 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.

RETURNS
No merchandise can be returned to the Company without its written consent. Unauthorized returns will be reshipped to the location of origin freight collect.

We do not accept returns of floor samples or sale items, which are sold “as is” and for which all sales are final. There are no returns of goods that have been altered, processed, subject to abuse or misuse, or damaged after shipment by Company.  All authorized returns will be subject to in/out freight and handling charges.

In no event shall Company be liable for any customary variations within industry standards or for imperfections inherent in certain fibers, leathers, metals, fabrics or woods.

FREIGHT CARRIER CLAIMS
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. Title and risk of loss passes to customer upon placement of item with the common carrier. Therefore, purchasers or their receiving warehouses must inspect the items upon arrival and make claims for any damage, loss or shortages directly to the carrier which have sole responsibility for any damage, loss or shortages incurred during transit. Purchaser or their receiving warehouse should retain all packing materials of damaged items until the claim is resolved.  Title and risk of loss passes to customer upon placement of item with common carrier

NON-CONFORMING OR DEFECTIVE PRODUCTS
We reserve the right to repair or replace any defective or non-conforming product, as provided. All claims for workmanship defects, shortages and errors must be made within five (5) days, after receipt of the merchandise to claims@tradgroup.com. Any repairs or claims must be documented in writing accompanied by photographs and sent to Robert Allen Duralee Furniture Claims Department. Failure to make a claim within five (5) days after receipt of the merchandise constitutes acceptance of the merchandise and a waiver of claims. All returns for defects must have prior authorization and instructions from the Company and must be returned in their original packaging and in the same condition as when received. Charges for local repairs will not be accepted without prior authorization from the Company. If verified by the Company to be defective, products will be repaired or replaced, at the Company’s sole option. If, upon inspection of an authorized return, the Company determines that the claim is unsubstantiated, the return will be rejected and handling and restocking charges will be assessed. The foregoing provisions shall constitute the purchaser’s sole remedy with respect to defective or non-conforming goods

CLIMATIC CONDITIONS, SUITABLE APPLICATIONS
Climatic 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. The selection of furniture or fabrics for specific placements or applications is made at the discretion and sole risk of the purchaser and the Company shall have no liability for such selections. Accordingly, purchasers are urged to review the suitability of such choices before ordering and to allow sufficient fabric for environmental effects.

CUSTOM REQUESTS
Custom quotes must be reviewed by the Company for suitability before it is accepted into production. Robert Allen Duralee Furniture reserves the right to reject custom requests. Robert Allen 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. Robert Allen 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. Robert Allen Duralee Furniture takes no responsibility for the selection of materials chosen by the purchaser. Robert Allen Duralee Furniture warranties do not extend to materials supplied by the customer. All fabric defect related claims are the sole responsibility of the Customer and fabric vendor.

DELIVERY
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 Robert Allen 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. Robert Allen 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. 

FIRE CODES
Robert 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.

FREIGHT & SHIPPING
Furniture items are shipped prepaid and billed, via furniture specific carriers that accept shrink-wrapped or boxed 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 as an accommodation, but have no control over the transportation of the goods. Purchasers can select their own carriers. Information for carriers, other than those offered by Robert Allen Duralee Furniture, must be identified on the purchaser’s order including; the carrier’s name, address, contact information and phone number.  If the customer does not select their own carrier, Freight rates are subject to change due to carrier price changes and fuel surcharges. All freight is FOB, point of origin. Title and risk of loss passes to customer upon placement of item with common carrier. 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. We are not responsible for furniture that is not properly repacked.

LIMITATION OF LIABILITY
Robert Allen 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. without regard to principles of conflicts of laws, and purchaser hereby consents to the personal jurisdiction of the federal and state courts located in New York, 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. Claims resulting in lawsuits must be filed with the court of competent jurisdiction in the State of New York, County of Suffolk.

ORDERS
Written orders received from the purchaser with all the correct information will be acknowledged by Robert Allen Duralee Furniture in writing within 48 hours. Robert Allen 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 Robert Allen 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 Robert Allen 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.

PAYMENT
Acceptance of orders and shipments shall at all times be subject to approval by the Company’s Credit Department, which may at any time in its sole discretion decline to make any shipment except upon terms and conditions satisfactory to it. All Robert Allen 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 Robert Allen Duralee Furniture. Acceptance of third party payments is an accommodation and does not create any relationship between Robert Allen 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. Any cancellation of an order must be made in writing within five (5) business days of the order date. Notwithstanding the foregoing, no cancellations will be accepted if production of the order has commenced, including without limitation, cutting of fabric.

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 Robert Allen Duralee Furniture. The purchaser agrees that the cancellation fees compensate Robert Allen 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. [The Company shall charge a storage fee to the purchaser for any furniture for which the balance has not been paid in full and/or for which delivery instructions have not been given within thirty (30) days after receipt by the receiver. If full payment and delivery arrangements have not been made by Purchaser within sixty (60) days after receipt by the receiver, the Company shall have the right to sell or otherwise dispose of such furniture in a commercially reasonable manner. In such event, the Company’s sole liability to purchaser (or purchaser’s customer or the end-user) shall be to reimburse the purchaser for payments made after deduction by the Company for its cost of goods, its customary profit thereon and all unreimbursed expenses of shipping, storage and sale thereof.

PRICES
Prices are subject to change without notice after an order has been accepted. Robert Allen 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 Robert Allen Duralee Furniture nor by the purchaser for third party collect payment. All prices are FOB, point of origin, unless stated and acknowledged otherwise.

PRODUCTS
Robert Allen Duralee Furniture reserves the right to make minor changes in furniture design, dimensions and other materials without prior notice. Robert Allen 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.

WARRANTY
Robert Allen Duralee Furniture upholstered frames are sold with a limited warranty against defects in materials and workmanship for a period of one year from the delivery date. Robert Allen 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 to or 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.

DISCLAIMER OF WARRANTIES; LIMITATION ON LIABILITY
UNLESS 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, PURCHASER’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 PURCHASER. COMPANY EXPRESSLY DISCLAIMS ANY LIABILITY TO PURCHASER, 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.