Terms of service
NOTICE: NO SALESPERSON OR REPRESENTATIVE MAY, IN ANY WAY, ALTER THESE TERMS AND CONDITIONS OF SALE ORALLY OR IN WRITING, EXCEPT AS SET FORTH BELOW.
ACCEPTANCE OF TERMS: These Terms and Conditions of Sale and the associated Sales Order together constitute the sole agreement between the undersigned purchaser (“Purchaser”) and Resource Furniture, LLC (“Resource”) and supersedes any and all prior oral and/or written agreements between Purchaser and Resource and any and all prior oral and/or written offers, statements, or representations by Resource to Purchaser, relating to the items listed in the Sales Order. Sales Orders are binding and final; payment by Purchaser of the initial deposit constitutes acceptance of these Terms and Conditions of Sale.
DEPOSITS NON-REFUNDABLE: Deposits paid to Resource are not refundable under any circumstances.
NO CANCELLATIONS: After payment of the Deposit, Purchaser may not cancel the Sales Order under any circumstances. Any cancellation authorized by Resource in its sole discretion shall be contingent upon payment by Purchaser to Resource of the greater of a restocking charge of thirty (30%) percent of the purchase price or forfeiture by Purchaser of deposits paid.
FINAL PAYMENT: Resource shall not be required to make delivery until all merchandise is paid for in full. If Purchaser fails to make final payment to Resource within ten (10) days of issuance of a final invoice, Purchaser shall be responsible for payment of a storage charge at the rate of three (3%) percent of the purchase price per month, plus the actual cost of transferring the merchandise to storage, which will be added by Resource to the final balance due from Purchaser. If final payment is not received from Purchaser within thirty (30) days after a final invoice is issued, Resource shall have the option to cancel the order and Purchaser’s deposit shall be deemed forfeited to Resource as liquidated damages.
CUSTOM ORDERS: Custom orders are sold on a deposit/CBD basis. Purchaser shall pay to Resource fifty (50%) percent of the total purchase price at the time the Sales Order is issued. Purchaser shall pay the remaining balance of the purchase price (including charges for delivery, installation and sales tax) upon issuance of a final invoice when the merchandise is completed. Resource does not accept returns.
IN-STOCK ITEMS, FLOOR MODELS, CONCRETE WALL, EXPEDITED DELIVERIES, REPLACEMENT COVERS OR HEADBOARDS: Payment in full (including applicable delivery, installation and taxes) is due at the time a Sales Order is issued for these items. Resource does not accept returns.
SHIPPING, DELIVERY & INSTALLATION: Any delivery date listed in the Sales Order is approximate. Resource shall not be liable for delays beyond its control including but not limited to delays caused by the manufacturer, shippers, customs or other governmental agencies, strikes, weather, acts of war, terrorism, fire, or Acts of God, In addition to the purchase price of the merchandise indicated on the Sales Order, Purchaser shall be separately responsible for all shipping, delivery, special delivery, walk-up/walk-down delivery, special crating and installation charges, and applicable taxes. Additional charges will apply if a walk-up delivery is required but not disclosed at the time the order was placed, or if undisclosed site conditions require special delivery or special installation.
CLERICAL ERRORS: All prices and amounts contained herein or on any Sales Order are subject to correction for clerical errors or omissions.
MATERIALS: Due to natural variations in furniture materials over which Resource has no control, all items containing natural or manufactured materials, including (without limitation) fabric, leather, wood, steel, glass or stone, are sold subject to such variations and irregularities of color, grain and texture. Resource does not guarantee matching of color, grain or texture, except as specified in the Sales Order. Resource does not assume responsibility for the appearance, durability, flammability, colorfastness, suitability or other qualities of customer-supplied material on finished products and shall not be responsible for any unsatisfactory results, defects, or deficiencies resulting from the use of such customer-supplied materials.
DAMAGED, DEFECTIVE OR INCORRECT MERCHANDISE DETECTED AT TIME OF DELIVERY: Purchaser shall inspect all merchandise immediately upon delivery and installation. If there is any problem whatsoever, Purchaser shall contact Resource’s local furniture showroom or Resource’s Customer Service team at 212.753.2039 within three (3) days of delivery and/or installation. If, upon inspection, Resource determines that Purchaser has received a damaged, defective or incorrect item then Resource will either replace or repair the defective or damaged merchandise within a reasonable period of time; Purchaser shall not be entitled to a refund of any portion of the purchase price without express written consent of Resource.
LIMITED WARRANTY: Subject to the limitations set forth below, Resource warrants its products to be free from defects in material or workmanship for a period of two (2) years from the date of delivery, provided that the product is used solely under conditions for which it was designed. Resource warrants wall bed mechanisms for life in residential applications and for five (5) years in commercial/contract applications, provided the products were assembled and installed by Resource, not moved, and used under conditions for which it was designed. This limited warranty excludes normal wear and tear, as well as defects or deficiencies resulting from the use of customer-supplied materials. In order for a warranty claim by Purchaser to be valid, Purchaser must notify Resource in writing during the warranty period and within thirty (30) days of discovery of the defect by Purchaser, and Purchaser must allow Resource (or its agents) to inspect the claimed merchandise. If Purchaser follows the above procedures, and if Resource accepts Purchaser’s warranty claim, Resource shall, in its sole discretion, either replace, repair, or otherwise correct any defective part or product, improper assembly, or improper installation covered by this limited warranty, within a reasonable time frame. All other express warranties are hereby excluded and all implied warranties (including any warranty of merchantability or fitness for a particular purpose) are limited in duration to the two (2) year limited warranty period set forth above. All of the warranties listed above apply only to the original Purchaser, may not be transferred to a third
party unless approved in writing by Resource in its sole discretion, and shall terminate if the merchandise is removed and reinstalled in its current location, or moved to, or installed in, a new location by one other than Resource or its agent.
OTHER CLAIMS: All claims other than warranty claims (including without limitation claims for shortages and errors), must be made in writing within three (3) days after delivery. Purchaser’s failure to submit a written claim to Resource within this three (3) day period shall constitute Purchaser’s acceptance of the merchandise and waiver of any shortages, errors or other claims.
ARBITRATION OF DISPUTES: Any controversy or claim arising out of or relating to the Parties’ Agreement, or the breach thereof, shall be settled by way of arbitration administered by the American Arbitration Association (“AAA”), in New York City, before a single arbitrator, in accordance with the appropriate AAA arbitration rules, and judgment on the award rendered by the arbitrator may be entered in any state or federal court having jurisdiction thereof. The arbitrator shall impose upon the losing party the cost of arbitration, and may in his/her sole discretion award the prevailing party its reasonable attorney’s fees upon determination that the losing party proceeded in bad faith or in a frivolous manner.
GOVERNING LAW, ETC.: The Parties’ Agreement, and any controversy or claim arising out of or relating to the Parties’ Agreement, shall be governed solely by the law of the State of New York, without regard to any conflicts of law provisions. Purchaser and Resource hereby irrevocably consent to the exclusive jurisdiction and venue of the state and federal
courts located within New York County, State of New York, in connection with any matter arising out of or relating to the Parties’ Agreement. Purchaser and Resource hereby irrevocably agree that process may be served on it by the other in any manner authorized by the Laws of the State of New York, and by the methods set forth in the Notices & Service provision below, and waives any objection it might otherwise have to service of process under New York or federal law.
NOTICES & SERVICE: Notices required under the Parties’ Agreement shall be in writing and served upon the party to be noticed at the addresses set forth above (as updated from time-to-time) via any method or carrier requiring a signature including US Mail, FedEx, or UPS), with a copy via email. Purchaser and Resource hereby agree to accept service of court and arbitration-related papers served personally or via any method or carrier requiring a signature (including US Mail, FedEx, or UPS).
ENTIRE AGREEMENT: The Sales Order and these Terms and Conditions of Sale constitute the entire agreement between Resource and Purchaser, and supersede any and all prior oral and written statements, representations, or agreements regarding Purchaser’s order from Resource. No modification of the Parties’ Agreement may be made unless approved in writing by Resource.
