CANCELLATION AND CHANGES. When the order is placed, it is understood and agreed that it cannot be canceled except by mutual consent.
The seller’s order confirmation is final and binding and any subsequent changes are subject to seller’s ability to conform and are dependent upon factory approval. Changes in quantity or specifications are subject to approval by seller and manufacturer. Resulting additional charges from the manufacturer shall be paid by the buyer. All requests for changes in quantity or specifications shall be delivered to the seller in writing.
DELIVERY AND INSTALLATION. In the event that delivery and/or installation is required as a part of this proposal,
the following provisions shall apply:
1. Condition of Job Site – The job site shall be clean, clear and free of debris prior to installation.
2. Job Site Services – Electric current, heat, hoisting and/or elevator service will be furnished without charge to seller. Adequate facilities for offloading, staging, moving and handling of merchandise shall be provided.
3. Special Packaging or Handling – If special packaging or handling is required that is not contained in the specifications, it will be subject to extra charge to the buyer.
4. Delivery During Normal Business Hours – Delivery and installation will be made during normal business working hours unless otherwise stated in the proposal. Additional labor costs resulting from overtime work performed at the buyers request will be paid by the buyer.
5. Storage Space – Provided the merchandise does not arrive at the site earlier than the date requested, safe and adequate storage space will be provided by the buyer. If the space provided is inadequate and requires excessive sorting or storage cost, such excess cost will be reimbursed by the buyer. If the space provided is inconveniently located or on another floor, the extra cost of transporting to and from storage will be reimbursed by the buyer. If the merchandise must be moved due to progress of other trades or other reasons, the extra cost of such moving will be reimbursed by the buyer.
6. Construction and Assembly – seller’s ability to construct or assemble furniture knocked down or to permanently attach, affix, or bolt in place moveable furniture is dependent on jurisdictional agreements. If trade regulations enforced at the time of installation require the use of tradesmen at the site other than the seller’s own installation personnel, resulting additional costs will be paid by the buyer.
7. Damage – After arrival at the site, any loss or damage by weather, other trades such as painting or plastering, fire or other elements, shall be the responsibility of the buyer, and the buyer agrees to hold the seller harmless from loss for such reasons.
8. Insurance – Public Liability, Workman’s Compensation, Property damage, Automotive and Occupational Disease Insurance are carried by the seller and certificates will be delivered upon request. Fire, tornado, flood and other insurance will be provided and paid for by the buyer.
CLAIMS. Claims for transportation damage will be prosecuted by the seller and damaged merchandise will be repaired to the satisfaction of the buyer or merchandise replaced.
WARRANTY. All furniture is warranted by the seller to be free from defects in materials or workmanship for a period of twelve (12) months from the date of delivery unless otherwise specified.
DELAYS. In the event that construction delays or other causes not within the seller’s control force postponement of the installation, the furnishings will be stored until installation can be resumed, and will be considered accepted by the buyer until installation can be resumed and will be considered accepted by the buyer for purposes of payment. In such event product invoices shall be due upon receipt, net 15 days. Transfer and storage charges incurred shall be paid by the buyer. Orders held 30 days past original delivery date subject to storage charges and are due upon receipt, net 15 days.
NO OTHER AGREEMENTS. There are no other agreements expressed or implied other than those specified herein. The terms and conditions set forth herein may not be varied except upon the written approval of both buyer and seller.