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Terms & Conditions



1.        All goods sold hereunder are used and are sold "as is" and not subject to cancellation or return.
2.        30% deposit is required.  Upon delivery the balance is due 10 days from the date of invoice. 
3.        Requests for changes/revisions, after order entry, must be reviewed to determine feasibility, cost ramification and lead-time impact.  Purchaser agrees to pay all costs incurred by Seller as a result of the implementation of a revision.  On-site change order requests will incur charges as appropriate.
4.        Postponements/delays requested or caused by Purchaser increase Seller’s costs, and will be analyzed by Seller and options presented to Purchaser.  Seller will require payment by purchaser for product.  Payment will be determined for storage, double handling, and other costs incurred by Seller, depending upon the length of the delay, the amount of notice and the resulting costs incurred by Seller.  Purchaser agrees to make said payments upon request. 
5.        When the Purchaser delays delivery, the Seller reserves the right to place the goods in storage at the Purchaser’s risk and expense.  Any potential Storage charges will be brought to the attention of the Purchaser and a mutually acceptable solution will be put forth.  If the seller incurs storage charges the amount will be passed on without mark-up.
6.        All claims for damages or defective goods must be made within (5) days after receipt of goods by Purchaser or else they shall be conclusively deemed waived.  Such claims shall not be cause for delay by Purchaser in making payments due hereunder.  For any related freight damage claims for product dropped shipped, the Purchaser shall notify the Seller immediately so a Loss of Damage Claim Form can be filed with the freight carrier.
7.        Seller warrants that the goods shall be neither defective nor damaged upon delivery, shall be as set forth on the face of this document and that Seller shall transfer title of the goods, upon full payment, to the Purchaser free and clear of all third party claims and liens.  There are no other warranties, express or implied, which extend beyond these set forth in the preceding sentence.  In the case of defective or damaged goods where a claim is made by Purchaser within said (5) days, Seller’s obligation is limited to repair or replacement at Seller’s option of the defective or damaged goods, and Seller is not responsible for any damage consequential or otherwise.
8.     Installation, unless otherwise stated, assumes the following conditions:  Non-union labor, normal working hours (no over-time), elevator access directly into staging/installing area (no cross over), site free and clear of conflicting trades (site must include; lighting and appropriate environmental conditions), priority use of elevators during off-loading and trash removal, loading dock availability.  Hardwiring of electrical is not included and must be supplied by licensed electrician.  Installation includes trash removal and final walk-through/punch list sign off.
9.     Sales tax is calculated based on standard tax rates for the final delivery destination and established within the guidelines set forth by the local authorities.  Purchaser agrees to pay all such taxes or provide Seller with appropriate certificate showing tax exemption or resell status.
10.     Purchaser agrees to pay according to the terms and conditions set forth on the face of this document.  Deposits requested are due upon execution of the agreement or issuance of a standard purchase order.  Progress payments are due upon request as indicated.
11.     Any amount not paid by Purchaser when due may incur a late charge of one and one half percent (1.5%) per month on the upaid balance from the date of delinquency.  If Purchaser fails to pay any amount when due, Purchaser agrees to pay all of Seller’s actual attorney’s fees, costs of investigation, court costs and other expensed incurred in connection with Seller’s attempt to collect the balance due, whether or not suit is commenced.  Purchaser and Seller enter into this contract at the office of Seller at which Seller accepts this contract. 
12.     No agent, employee or representative of Seller has any authority to bind any affirmation, representation or warranty concerning the goods sold under this contract.  Unless an affirmation, representation or warranty made by an agent, employee or representative is specifically set forth in this written contract, it has not constituted a part of the basis of this contract and shall not in any way be enforceable.
13.     This contract, together with any exhibits attached to it, constitutes the entire agreement of the parties with respect to the transaction contemplated herein and supercedes any and all prior arrangements or understandings between the parties with respect thereto.  Any amendment or modification in the previsions of this contract shall be effective only upon execution and delivery by all parties hereto of writing incorporating all of such terms and such amendment or modification.
14.     The Signatory acknowledges receipt of a copy of this contract and acceptance of the terms herein.

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