SALE TERMS
1. Unless otherwise agreed to in writing the purchase price is payable as follows;
A. A 50% deposit to initiate Buyer's order
B. 50% CBD (Cash Before Deliver)
2. No order may be canceled or changed without the seller's prior written consent and subject to
acceptance by Seller's vendors.
3. If in Seller's judgment the financial condition of Buyer at any time does not justify the commencement or continuance of delivery on the terms specified herein, Seller's may, in addition all other remedies it may have at law or in equity, make a written demand for full or partial payment in advance, suspend performance until that payment is made, or cancel Buyer's order
4. If buyer fails to pay any charges when due mail payable, Buyer agrees that Seller shall have the right to invoice and Buyer shall pay all cost, including reasonable attorney's fees expended in collecting overdue charges and a late payment charge of one half percent per month but not in excess of the lawful maximum on the unpaid balance.
5. BUYER AGREES THAT SELLER SHALL NOT BE LIABLE FOR ANY SPECIAL INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR FOR THE LOSS OF PROFIT OR REVENUE ARISING OUT OF THE SUBJECT MATTER OF THIS AGREEMENT, EVEN IF SELLER SHALL HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH POTENTIAL LOSS OR DAMAGE
GENERAL TERMS AND CONDITIONS
1. Title to merchandise shall pass to Buyer upon shipment from factory.
2. If at the request of Buyer or Buyer's agent, the delivery schedule is to be delayed, any storage
incurred by Seller during any permitted delay shall be paid by Buyer.
3. All orders are subject to delay or failure of delivery due to strikes, labor difficulties, problems with source of supply, transportation difficulties, war, riots, fire, accident, compliance with government regulations, Acts of God, or other causes beyond our control. All delivery dates are approximated only. P/R/E cannot be held responsible for financial damages due to late shipping.
4. Buyer and Seller agree that this agreement shall be modified only in a written agreement duly executed by persons authorized to execute agreements on behalf of Buyer and Seller. The parties further agree that the terms, conditions and prices contained in this agreement shall prevail notwithstanding and variations or additional terms on any orders or other notifications submitted by Buyer.
FREIGHT DAMAGE
We strongly recommend that all furniture be received as per these guidelines. Packing should be thoroughly inspected and approved prior to signing a bill of lading. Note any loss or damage clearly on the bill of lading and immediately contact the freight carrier to file a claim. In the event of concealed damage, it is imperative that you keep all packing materials and notify both the shipping company and P/R/E immediately. We will not entertain damage claims filed more than 5 days after receipt of goods. Failure to follow these guidelines shall constitute acceptance of merchandise and waiver of any claims.
5. CLAIMS
We are not responsible for damage or loss incurred in transit. All furniture is carefully inspected and packaged prior to shipment. It is accepted as such by the freight carrier. All furniture ships at the Purchaser's own risk. Buyer and Seller agree that no failure to exercise, and no delay in exercising any right, power, or privilege under this Agreement on the part of either party shall operate as a waiver of any right, power, or privilege hereunder. Buyer and Seller further agree that no single or partial exercise of any right, power, or privilege hereunder shall preclude further exercise thereof.
6. If any part of this agreement shall be adjudged invalid by any court of competent jurisdiction, that judgment shall not affect or nullify the reminder of this agreement and its effects shall be confined to the part immediately involved in the controversy adjudged.
7. THE VALIDITY OF THIS AGREEMENT, ITS CONSTRUCTI0N, INTERPRETATION, AND ENFORCEMENT, AND THE RIGHTS OF THE PARTIES HERETO, SHALL BE DETERMINED UNDER, GOVERNED BY, AND CONSTRUCTED IN ACCORDANCE WITH THE INTERNAL LAWS OF THE STATE OF CALIFORNIA, WITHOUT REGARD TO PRINCIPLES OFCONFLICTS OF LAW, TO THE MAXIMUM EXTEND PERMITTED BY LAW, THE PARTIES HEREBY AGREE THAT ALL ACTIONS OR PROCEEDINGS ARISING IN CONNECTION WITH THIS AGREEMENT SHALL BE TRIED AND DETERMINED ONLY IN THE STATE AND THE FEDERAL COURTS LOCATED IN THE COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, TO MAXIMUM EXTENT PERMITTED BY LAW. EACH PARTY HEREBY EXPRESSLY WAIVES ANY RIGHT IT MAY HAVE TO ASSERT THE DOCTRINE OF FORUM NON CONVENIENS OR TO THE OBJECT TO VENUE TO THE EXTENT ANY PROCEEDINGS IS BROUGHT IN ACCORDANCE WITH THIS SECTION.
8. The parties acknowledge and agree that this agreement is the complete and exclusive statement of the mutual understanding of the parties and that this agreement suspends and cancels all previous written and oral agreements and communications relating to the subject matter of this agreement.
9. If any legal action is necessary to enforce the term of the Agreement, the prevailing party shall be entitled to reasonable attorney.s fees in addition to an other relief to which that party my be entitled. This provision shall be constructed as applicable to the entire Agreement
10. In the event of any conflict between this Agreement and the term and conditions of any purchase order or similar document pursuant to which Buyer entered into this Agreement, the term and conditions of this Agreement shall control.
PRODUCT IS ORDERED SPECIALLY FOR THIS PROJECT AND IS NOT SUEJECT TO CANCELLATION OR RETURN.
Products purchased via this Designer/Wholesale Showroom are always custom; being produced to order; finished and upholstered to the clients unique specifications. They are products which are not restockable or resalable without considerable loss in value. They therefore are not returnable. It is the buyer's responsibility to fully inspect merchandise upon delivery, make note of any damage to carton, inspect contents within in 5 days of delivery; file claim report with carrier for any concealed damage.
PRIVACY POLICY
Paston/Rawleigh/Everett agrees not to share or sell Client information with any third party without Clients authorization. Paston/Rawleigh/Everett will provide information at the request or order of a local, state or national U.S. court or local, state or national government law enforcement agency or other local, state or national government agency.
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