Terms and Condition
These Terms and Conditions set forth by Luxury Chair Wholesale. (hereinafter referred to as "LCW") establish the legal obligations and limitations of liability for LCW when a purchasing entity (hereinafter referred to as "Customer") initiates an official order by submitting a Purchase Order to LCW. These terms and conditions of sale shall govern all orders for furniture and related products, and by placing an order, accepting delivery, or making payment, the Customer is deemed to have agreed to them. Any modifications to these terms by the Customer or any conflicting terms on any correspondence, purchase order, or other forms sent by the Customer are hereby objected to and rejected. These terms and conditions of sale may only be amended in writing, signed by both parties, that expressly references the amendment.
ORDERS
LCW will acknowledge written orders containing all correct information within 48 hours. LCW reserves the right to reject any order, refund any deposit, and return any materials with freight collect. The Customer must notify LCW in writing of any errors or discrepancies in the order acknowledgment or invoice within three days of receipt.
PAYMENTS
Orders and shipments are subject to LCW's approval and may be declined at its sole discretion except upon satisfactory terms and conditions. A 50% deposit of the total purchase price is required for special orders unless alternative terms have been agreed upon in writing by LCW. The balance due is indicated on all sales orders and invoices. Orders lacking the required deposit will be held until payment is received.
CANCELLATIONS
Written consent from the Customer is necessary for LCW to consider an order canceled. Cancellations are not accepted for custom or special orders unless authorized in writing by LCW. Canceled orders that have entered production are subject to a minimum additional fee of 25% of their total order amount.
CUSTOM ORDERS
Customer's Own Material (COM) estimates are based on standard roll sizes and solid colors. It is the Customer's responsibility to ensure that all COM materials arrive at the factory timely and in good condition. LCW is not responsible for delays resulting from late, damaged, or incorrectly packaged COM.
FIRE CODES
Luxury Chair Wholesale's upholstered items comply with the California Bureau of Home Furnishings Technical Bulletin 117-2013 requirements. It is incumbent upon the purchaser to determine and specify any additional fire code classifications that are required by the local jurisdiction where the products will be used if they differ from the aforementioned code. Luxury Chair Wholesale does not guarantee that the specifications provided by the Customer meet any specific requirements beyond those already mentioned. Materials provided by the Customer (COM) that do not meet these standards may invalidate any warranties provided by Luxury Chair Wholesale, whether explicitly stated or implied. Should there be a need to meet additional fire codes, Luxury Chair Wholesale can accommodate such requirements for an extra fee, which will be determined based on the particular code and the necessary steps for compliance as dictated by the relevant authority.
DELIVERY/ACCEPTANCE:
Upon receipt, all Luxury Chair Wholesale product shipments must be immediately opened and inspected by the recipient. Acceptance of products must occur at the time of delivery. Products are packaged in cartons and/or crates to ensure efficiency and protection during transit. Factory-sealed cartons should not be opened until they reach the consignee. Any discrepancies, such as shortages in carton count, must be noted on the carrier’s Bill of Lading at the time of delivery and reported in writing via email to Luxury Chair Wholesale. Furthermore, any shortage in the product piece count must be documented and communicated to Luxury Chair Wholesale within 10 days of receiving the products. It is acknowledged that identifying shortages might be challenging until the entire order is delivered, especially for projects requiring multiple shipments. Luxury Chair Wholesale is not responsible for shortages of products that have been warehoused or signed for by a receiver prior to installation. By signing for delivery without indicating any discrepancies, the consignee affirms that the products were received in satisfactory condition and assumes responsibility for them, thereby absolving Luxury Chair Wholesale of further liability.
In the event of visible or concealed damage:
Document any external damage on cartons with the carrier at the time of delivery. Take photos and note the item number(s) to support freight claims. Open all damaged cartons for immediate inspection and document the condition before signing off on the delivery. If product damage is discovered, provide Luxury Chair Wholesale with images and documentation within 48 hours.
For concealed damage, the recipient must document the damage within 7 days of product receipt. Provide photographic evidence upon inspection and before product installation. Notify Luxury Chair Wholesale within 48 hours of discovering the damage to facilitate freight claim processing. Installed products with documented damage are ineligible for concealed damage claims, as ownership and responsibility for the product's condition are assumed by the recipient upon delivery.
Post-delivery damage to cartons or products signifies that any necessary repairs or replacements fall under the purview of the recipient, who has accepted and assumed responsibility for the goods. Luxury Chair Wholesale disclaims financial or other liabilities for the repair or replacement of products damaged by non-affiliated parties. The standard warranty provided by Luxury Chair Wholesale covers only factory defects and excludes damage caused by, but not limited to, improper handling, storage, secondary shipping, or installation. Luxury Chair Wholesale commits to evaluating all claims to ensure product quality standards meet the expectations of the Customer.
FREIGHT AND SHIPPING
Freight costs are quoted as estimates and are subject to change. The Customer is responsible for all freight charges and any additional costs incurred due to specific shipping requests. Final freight costs are due upon receipt unless otherwise arranged.
RETURNS
Returns are only accepted with LCW's written authorization. Unauthorized returns will be sent back at the Customer's expense. Products altered, processed, subjected to abuse, misuse, or damaged after shipment by LCW are not eligible for return.
ABANDONMENT
Luxury Chair Wholesale will impose a storage fee on the Customer for any furniture that is ready for shipment but for which the balance has not been fully paid and/or delivery instructions have not been provided within thirty (30) days from the date of billing. Merchandise that remains unpaid for within 60 days of the invoice date will be deemed abandoned. In addition to any other available remedies, Luxury Chair Wholesale reserves the right to liquidate the abandoned merchandise, retain all deposits, and apply such proceeds towards the unpaid invoice balances. The Customer will be responsible for any collection, legal fees, and expenses incurred in the process of collecting unpaid invoices and any related storage costs. Should full payment and delivery arrangements not be finalized by the Customer within sixty (60) days following receipt by the receiver, Luxury Chair Wholesale is authorized to sell or otherwise dispose of the furniture in a commercially reasonable manner. Under these circumstances, the sole liability of Luxury Chair Wholesale to the Customer (or the end-user) will be the reimbursement of any payments made, minus deductions for the cost of goods, Luxury Chair Wholesale's customary profit, and all unreimbursed expenses related to shipping, storage, and the sale of the goods.
STORAGE
LCW may charge storage fees for orders delayed beyond the initial requested shipping or receiving date. Storage fees are assessed monthly and are not prorated.
TAXES
Any applicable sales, excise, or other taxes will be added to the purchase price and are the responsibility of the Customer, unless a valid exemption certificate is provided to LCW.
JURISDICTION AND LEGAL ACTIONS
All transactions, as well as any disputes or claims arising between the Customer and Luxury Chair Wholesale, shall be exclusively subject to the jurisdiction of the courts within the State of Florida, disregarding the possibility of litigation in courts of other jurisdictions. Any legal actions or proceedings related to or arising from these transactions or the products sold must be initiated against Luxury Chair Wholesale within the statutory period mandated by applicable law. However, under no circumstances shall any action be brought more than one year (1) after the date of the invoice in question. This provision ensures that all parties are clear about the time frame within which disputes must be resolved and litigation initiated, thereby providing a definitive period for the resolution of any claims related to the transactions under these terms and conditions.