Terms of Service

THANK YOU!
We Appreciate Your Business
TERMS AND CONDITIONS
Buyer’s deposit is NON

REFUNDABLE. This invoice represents a FINAL SALE and is NOT CANCELABLE. Orders will not be processed until the
required deposit is received. DELIVERY of the items
purchased
hereunder will not be scheduled until this invoice has been PAID IN FULL.
This order is not transferable. By signing this invoice, Buyer agrees that this invoice represents a personal guarantee for p
ayment of all amounts due
hereunder. Buyer shall be in de
fault of its obligations if any
check given by Buyer to Seller is subsequently dishonored. In the event Buyer is a
corporation, all shareholders, directors, officers and managers of the corporation, as well as any other person with actual o
r
apparent autho
rity to act
on behalf of Ihe corporation, shall be individually responsible for all amounts owed by Buyer to Seller. Further, if Buyer is a corporation, the individual
signing checks on behalf of the
corporation shall be personally responsible for their va
lidity. In addition, Buyer hereby grants Seller a security interest
in the merchandise purchased hereunder until the balance due is paid in full. In the event
of a default in payment, Buyer agrees to return the
merchandise to Seller upon demand and any amo
unt previously paid to Seller shall constitute rent for its use. A processing fee of $29.00 will be
applied to all
checks returned for insufficient funds.
Buyer shall notify Seller in writing within forty eight (48) hours after receipt of merchandise of an
y
claims for damage or defects and with the exception of anything contained in such notice acknowledges receipt
of the merchandise itemized in this
invoice in good condition. Failure to send such written notice within the prescribed time period shall const
itute a waiver of any and all claims with
respect thereto. Damaged
or defective items will be repaired or exchanged at the manufacturer’s sole option. THERE ARE NO REFUNDS except for
floor samples as described below. Warranties with respect to the merchand
ise
purchased pursuant to this invoice, if any, are made by the
manufacturer only and not Seller and are available for one (01) year after delivery. Further, the manufacturer’s warranty exc
ludes, among other
things, improper use of the merchandise, damage
caused by the elements, damage caused by excessive weight, delivery or other damage caused by
third parties, finishes or other modifications made to the
merchandise by third parties such as scotch guard and ordinary wear and tear.
NO
WARRANTY OF MERCHANTAB
ILITY OR
SUITABILITY FOR USE IS MADE OR IMPLIED FOR THE ITEMS SOLD PURSUANT TO THIS INVOICE
OTHER THAN THOSE WARRANTIES SPECIFICALLY PROVIDED BY THE MANUFACTURER. NO
OTHER WARRANTY is EXPRESSED OR
IMPLIED. MANUFACTURER’S WARRANTIES ARE VALID ONLY TO THE OR
IGINAL BUYER WITH PROOF OF PURCHASE. IN NO EVENT IS
SELLER LIABLE
TO BUYER OR ANY OTHER PERSON FOR ANY OTHER DAMAGES, INCLUDING ANY INCIDENTAL OR CONSEQUENTIAL
DAMAGES, EXPENSES, LOST PROFITS, LOST SAVINGS, OR OTHER
DAMAGES. SOME U.S. STATES DO NOT ALLOW T
HE LIMITATION OR
EXCLUSION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES FOR CONSUMER PRODUCTS, SO THE ABOVE LIMITATIONS
OR
EXCLUSIONS MAY NOT APPLY. Manufacturer has the absolute right to determine if repair to merchandise is appropriate or replace
ment is
necess
ary. Buyer agrees to allow Seller and/or manufacturer’s
agent to inspect and endeavor to correct any condition complained of and that refusal
to allow either constitutes a waiver of Buyer’s rights to assert claims or file suits against Seller or manufactur
er. No
representative of Seller has the
authority to make any representations or warranties not included herein. Please keep your warranty, sales invoices, canceled
checks, etc. in a safe
place. A warranty does not
apply to conditions created by Buyer’s ow
n acts, intervention or alteration of merchandise. Any service provided as a result
of Buyer damage or after expiration of a warranty period will be charged to Buyer.
Buyer should be aware that wood, fabric, leather, glass, metal, tile
and slone products e
xhibit natural variations in color, grain, finish, sheen, texture, shading, tone, striation, distressing etc. These variation
s are
part of
the product’s natural beauty and are not considered quality defects. Fabrics and broadloom may vary per dye lot from
the display sample. All
merchandise are made by hand and are subject to slight
variations in size, which variations will not exceed 2 inches with respect to exterior
dimensions. If Buyer supplies its own fabric, Seller is not responsible for its quality, y
ardage or any other issues with respect
to such fabric. If
applicable, Buyer also acknowledges that it has been advised not to keep brushed stainless or
steel furniture outside of air

conditioned areas. Floor
samples and other cash and carry items
may be r
eturned for store credit or refund up to seven (7) days from the date of purchase. After seven (7)
days, no returns, exchanges or credits will be accepted.
Seller shall use diligence to deliver the merchandise ordered by an estimated delivery date,
however
, any stated delivery date is an estimate only and is not within the control of Seller. Seller will not be liable
for any loss or damage resulting from delay or inability to deliver and Buyer agrees that this invoice may not be cancelled d
ue to any such de
lay.
Delivery charges will be provided to Buyer. Saturday delivery
may be available for an additional charge and “timed” deliveries (within a three (3) hour
window) will be subject to additional charges. The delivery service will call Buyer
t
o schedule
a d
elivery
d
ate when a part
or the full order is ready for
delivery and this invoice has been paid in full. On the scheduled delivery date, Buyer is requested to have someone at home t
o accept and pay for the
delivery. In accepting the
merchandise into the ho
m
e t
he person
a
ccepting
s
ame
i
s certifying
th
at Buyer has inspected the merchandise and fo
und it
to be in good condition.
Merchandise scheduled for Buyer pick

up at Seller’s
warehouse or available for delivery must be picked up or delivered within
30 days
of notification
o
r Buyer will incur storage fees. Orders for merchandise
no
t picked up by Buyer or not scheduled for delivery by
Buyer within
180 days of notification may be cancelled by Seller and Seller may keep all payments
m
ade
a
s fees for storage and
handling. Seller is not responsible
for
atmospheric
d
amage
fo
r any stored
merchandise. To reschedule a delivery,
B
uyer
m
ust
g
ive the delivery
s
ervice
a
t least 48 hours advance
n
otice
or Buyer will incur a redelivery charge. For convenience and safety, Buye
r agrees to have the
area clear and ready to accept the merchandise. If
Buyer wishes to have the room’s present furniture moved to another location in the room (on a
one

for

one basis), Buyer must
notify the delivery
service at
the time the delivery appoin
tment is made. If time
p
ermits,
a
ddition
a
l
r
elocations
w
ill be on a charge
b
asis. Delivery
w
ill only be made
v
ia
customary
m
eans
s
uch
a
s through doorways, stairways (limited to one
(1) floor)
and elevators. Special delivery
circumstances will incur additio
nal
costs. Seller’s
s
taff
a
nd the delivery
s
ervice
a
re not
responsible for installation of any product and can
not h
ang pictures or mirror
s o
n
walls, move,
connect or disconnect any
electrical
, electronic or computer equipment, drill into or apply glue to w
alls, etc. Some
p
roducts
r
equire assembly and an
instruction
manua
l
w
ill be provided. Neither
Seller
n
or the delivery
s
ervice
a
re responsible for
damage during
assembly.
Title to the merchandise
covered by this invoice shall pass to Buyer only upon payment
in full. In the event that Seller is prevented from performing, or is unable to perform,
any of its obligations under this
Agreement due to any act of God, fire, casualty, flood, war, strike, lock out, failure of public utilities, injunction or any
act, e
xercise, assertion or
requirement of governmental authority, epidemic
, d
estruction
o
f
P
roduction
fa
cilities,
insurrection
, o
r any other cause beyond the reasonable control
and without the fault or negligence of Seller, then Seller’s performance
sh
all
be ex
cused for the period of delay or
inability
to
perform
d
ue to such
occurrence.
The parties agree that this invoice,
including
all of its terms and conditions, supersedes all prior proposals, understandings,
representations, conditions, warranties, covenants
, and all other communications
between the parties relating thereto whether oral or written. This
agreement
m
ay
b
e amended
o
nly
b
y a
revision t
hat refers to this invoice and is
signed by both parties. ~ any provision of this
agreement
s
hall
b
e
held illegal
, unenforceable, or in conflict with any law of a federal, state, or local
government having jurisdiction over this agreement, the validi
ty of the remaining portions or
provisions
h
ere
of shall
n
ot be
affected. To the extent that
any provision
o
f this agre
ement shall be held illegal, unenforceable, or in conflict with any law of a fed
eral, state, or local governmen
t
h
aving
ju
risdiction
o
ver this
a
greement
a
court
of competent jurisdiction
m
ay
m
odify
s
uch provision
to achieve
a provision
th
at is consistent w
ith the
parties’
in
tent. Neither
party
s
hall by mere lapse of time
w
ithout
g
ivin
g n
otice
o
r taking
t
o ther
e
action
here
under be deemed to have waived any breach by
the other party of any of the provisions of this agreement. Furthermore
th
e waiver
b
y eithe
r
p
arty
o
f a particular
b
reach
o
f this agreement by the other
party
shall not be construed as, or constitute, a continuing waiver of such breach, o
r of other breaches of the same
or other provisions of this
agreement. All questions concerning the validity,
operation,
interpretation
, and construction of this agreement will be governed by and determined in
accordance with the laws of the State of Florida without
r
egard to conflict
o
f laws principles. The
parties
a
gree to the
non

exclusiv
e
ju
risdiction
o
f the
state and Federal courts
i
n the County of Miami

Dade with respect to any disputes that arise under or relate to this invoice (whether contract, tort or
both) and the parties waive
any defenses
o
f forum
n
on
convenient o
r like
defenses with respect to such n
on

exclusive jurisdiction. T
he
agreemen
t
re
presented by this invoice shall bind Buyer and its heirs, executors, administrators and
assigns. A s
ervice charge of one and one half percent (1

1/2%
)
w
ill be applied to all payments
n
ot made
w
hen
d
ue. In the even
t
S
eller
m
ust
i
nitiate
legal
proceeding
s
w
ith
respect t
o this invoice, Seller shall be
entitled to its reasonably attorneys’ and paralegals’ fees and costs through all a
dministrative, pre

trial, trial
and appellate proceedings