P: 713.667.6668

Carroll’s Office Furniture – Terms and Conditions of Sale

Carroll’s Office Furniture – Terms and Conditions of Sale 1. ORDERS: Buyer’s order will not be processed until Seller has approved and received. i. ____ Approved and signed drawings ad specifications, if applicable ii. ____ Signed quote or binding purchase order iii. ____ Signed Terms & Conditions iv. ____ Completed and signed credit application and Buyer’s good credit rating and standing with Seller. 2. PAYMENT a. Orders over $2,000.00 require a 50% deposit; An additional 30% progress payment will be required for all orders $10,000. Progress payment due one (1) week prior to delivery. 3. CANCELLATION: All or part of a furniture order cannot be cancelled without prior written approval by Seller. If Buyer cancels after an order is initiated, Buyer will pay all charges incurred through cancellation date including any applicable restocking fees. These charges vary based on specific manufacturer policies. CANCELLATION OF LABOR + SERVICES: Service and labor must be cancelled a minimum of 24 hours prior to start time/date. Failure to so cancel will subject Buyer to a minimum fee equal to four (4) hours times the number of men scheduled in the crew times the hourly bill rate of each crew member; direct ship reconsignment; double handling fees; storage; and redelivery. Design costs accrued up to time of cancellation are payable by Buyer. 4. RETURNS: Manufacturers do not accept the return of furnishings. Unless damaged in transit or due to a material defect, merchandise may not be returned or replaced, credit or deduction taken, or refund requested without prior written authorization from Seller and payment by Buyer of restocking, pick-up, uninstall and freight fees. 5. DELIVERY AND INSTALLATION a. Business Hours: Normal working hours are from 8:30a – 5:00p, Monday through Friday, excluding holidays. Overtime labor costs will be added when overtime work is performed at the Buyer’s request or if Seller incurs additional labor costs due to unfavorable building conditions. b. Condition of Job Site: The job site will be clean and free of debris prior to delivery and installation. If other trades on the job site delay the installation, the Buyer shall pay any additional fees. It is the Buyer’s responsibility to clear the area prior to the start of the installation. Buyer is responsible for moving computers and all related equipment. c. Building Electrical Connections: It is the responsibility of the Buyer to make electrical connections from the building power supply to the furniture and/or panel systems. Data and telephone cabling is also the responsibility of the buyer. d. Protection of Delivered Goods: Property damage/replacement insurance costs are the responsibility of the Buyer. Buyer is responsible for all loss or damage by trades such as painting or plastering, electrical or telephone installation, fire or other elements. e. Job Site Services: Electric current, heat and elevator services will be furnished without charge to Seller. Adequate facilities for off-loading, staging and handling of merchandise will be provided by the Buyer without charge to Seller. For any services or conditions outside the norm, which incur additional costs, the Buyer will pay the fees. f. Storage: If Buyer is unable to take delivery of product processed through Seller’s distribution center, at the agreed upon date, Seller, at Buyer’s request, will store the product for the Buyer for a 30 day period at no charge to the Buyer. After 30 days, storage and handling fees will apply and will be paid by Buyer. Delay of direct deliveries to the Buyer’s site wil incur storage and handling fees and will be paid by the buyer. 6. AGREEMENT: These Term and Conditions supersede all prior oral and written agreements related hereof. These Terms and Conditions can only be amended in a writing signed by Seller and Buyer’s authorized officers. If these Terms and Conditions conflict with the documents in section 1, these Terms and Conditions control. These Terms and Conditions are governed by the laws of the State of Texas, without regard to its conflict of laws provisions. Buyer waives application of Article 2 of the Uniform Commercial Code. If any term of these Terms and Conditions is invalid, illegal or unenforceable it will not apply but the remaining terms will continue to apply. Headings are for reference only and are not to be used in interpreting these Terms and Conditions. 7. PRICES: Prices quoted are valid for 30 days unless otherwise stated. 8. INDUSTRY STANDARDS: All merchandise, including veneers, are subject to reasonable variations in color, pattern, grain and finish according to the trade customs of the industry. These variations, or any subtle changes over time, are not considered defects. 9. CLAIMS: Seller will file claims for transportation damage except drop shipments which are the responsibility of Buyer. 10. DELAY: Seller is not liable for failure, delay or interruption in performance which is beyond Seller’s control including strikes, lockouts, work stoppages, accidents, manufacturers’ production schedule and acts of God including weather, war and terrorism. 11. LIMITATION OF LIABILITY: Seller is not liable to Buyer for any indirect, incidental, consequential or punitive damages. Seller’s maximum liability for breach of these Terms and Conditions is the amount received from Buyer hereunder. 12. WARRANTY: Product warranty is provided by each manufacturer. Seller disclaims all implied or express warranties. 13. TITLE AND RISK LOSS: Title and risk of loss pass to Buyer based upon FOB destination or if buyer is unable to take delivery of product and request that Seller store product in excess of 21 days. Seller has a security interest in the product until all invoices have been paid in full and Buyer will execute documents to perfect that security interest. Buyer may inspect all merchandise before taking title. 14. SPECIAL ORDERS: All special orders and custom orders are NON-REFUNDABLE. Company Buyer/Title:__________________________________________________ PO#/Date______________________________ Address:_____________________________________________________________ Signature_______________________________