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Terms & Policies

Revised January 2, 2019

 

Privacy Policy

The Robert Allen Duralee Group, Inc.
Privacy Policy


The Robert Allen Duralee Group, Inc. (the "Company") has created this Privacy Policy to inform you of our policies and practices regarding the privacy of information supplied by users, or collected by us from users, of the Company's Web sites, including robertallendesign.com and beaconhilldesign.com.

Our Company is committed to protecting your right to privacy and keeping your personal information secure when you interact with our Web sites.

The Company reserves the right to modify or amend this Privacy Policy at any time and for any reason.

If you have any questions regarding our privacy policies or practices after reading this Privacy Policy, please contact us at info@tradgroup.com or The Robert Allen Duralee Group, 2 Hampshire Street, Suite 300 Foxboro, MA 02035.

Qualified Accounts
Qualified accounts of the Company are invited to access account information in order to request a memo/sample or to place an order. As part of this process, each qualified account has a unique password, which may be changed at any time. Various registration forms require users to give us contact information (including name, address and e-mail address). In addition, when purchasing products, we may collect financial information, including credit card information.

We also use your Internet Protocol ("IP") address to help diagnose any problems with our server and to monitor and administer our Web sites.

We welcome individuals who do not have accounts to visit our Web sites.

Accessing Your Account
To access your account, you must enter your account number and a password. This helps to protect the privacy of your interactions with us. We will not share your password, which you may change at any time. We also request that you protect your password by not sharing it with others.

From time to time, we send out communications to those on our mailing list. If you do not wish to receive these communications, you may opt out by sending an E-mail to mail@robertallendesign.com.

Information Updates
You may update or change your account information with us at any time. Please contact Customer Service at 800.333.3777.

Disclosure of Personal Information
Our company will never willfully sell, trade, rent, disclose or make available personally identifiable information about you to any third party without first receiving your permission, except pursuant to any joint marketing efforts with third-party or when we believe in good faith that the law requires it, or to protect the rights or property of the Company. We do not disclose details of our mailing list or information about our site visitors to other companies.

Cookies
Our Company utilizes "cookies," which are small pieces of information that are stored by your browser on your computer's hard drive. Cookies themselves do not contain any personally identifiable information other than noting a repeat visit from a specific computer. We use them to monitor traffic patterns and site usage, and to develop a more unique experience for you when you visit our Web sites. Our cookies do not have the capability of "stealing" information from your hard drive.

Purchase Transactions
When you request a memo/sample or place an order, we collect information such as your name, e-mail address and terms of payment. This is used to process and fulfill your Memo Requests and/or Product Orders and to notify you of your order status. All information submitted to us is transmitted over the Internet in an encrypted manner. We will not store your credit card information after your transaction is completed, and information from these transactions is not released to third parties.

Children's Privacy Policy
You must be 18 years or older to use the Company's Web sites. If you are under 18 years of age, consult your parent or guardian before sending any information to any site. It is the Company's policy never to knowingly collect or maintain information about individuals under age 13. Note that we cannot always determine that a user is a child.


Terms & Conditions: Fabric & Trim


ACCEPTANCE OF TERMS AND CONDITIONS

These terms and conditions of sale shall govern all orders and purchaser shall be deemed to have agreed to them. Any attempt to change or add to these terms by purchaser, or any conflicting terms on any correspondence, purchase order, or other form sent by purchaser is hereby objected to and rejected. Purchaser shall be deemed to have agreed to these terms and conditions of sale by placing an order, accepting delivery or by making payment hereunder. No oral agreement, course of prior dealings between the parties or trade usage shall amend or supplement any of the terms or conditions herein. All of the terms and conditions of this order and sale appear on this form and no additions or modifications can be made except in a writing signed by both parties that expressly references the amendment of these terms. All references to the “Company” or “we” shall mean The Robert Allen Duralee Group Inc. and The Robert Allen Duralee Group LLC. All references to “Customer,””buyer” or “you” shall mean the purchaser of Company products.


ADVERTISING

All advertising of the Company’s products must be dignified, tasteful and professional. Use of the Company’s trademarks, trade names, logos, copyrighted materials, digital images or other proprietary materials, in any medium (including without limitation, over the internet), without prior written approval by The Robert Allen Duralee Group, is strictly prohibited and may subject an unauthorized user to legal action by the Company. By purchasing the Goods, Purchaser agrees to abide by Company’s minimum advertised pricing policy.


CLIMATIC CONDITIONS; SUITABLE APPLICATIONS

Climatic conditions, including heat, light and humidity levels, within the user’s environment, can affect fabric and wood, and may lead to fading, stretching, shrinking or other damage. Fabric displayed in sample books and memo samples describes the intended application thereof. Hardware is considered a decorative product; while it is also functional, some collections are more appropriate for stationary treatments and others for windows requiring functionality. The selection of hardware, furniture or fabrics for specific placements or applications is made at the discretion and sole risk of the buyer and the Company shall have no liability for such selections. Accordingly, buyers are urged to review the suitability of such choices before ordering and to allow sufficient fabric for environmental effects.


DRAPERIES

An adjustment will almost always take place, up or down, in any drapery length after it has been hung for the first time. Even preshrunk materials are allowed 3% shrinkage. A minimum of 4" hems should therefore be used to permit later adjustments. It is recommended that fabrics be installed, and hemmed later, when the fabric has adjusted itself to the room. (Dampness will cause fabrics to shrink, and dryness will cause fabrics to stretch.) Note: Although in printing and weaving every effort is made to avoid distortion, occasionally it will exist. Therefore, when planning multiple-width draperies please make certain, before cutting, that pattern alignment is adequate to produce a satisfactory end result.


DYE LOT AND OTHER VARIATIONS; INHERENT IMPERFECTIONS

Color will vary from piece to piece and the Company does not guarantee the dye lot. For exact match, request cutting and reserve for approval. In the absence of such request and reserve, the Company shall have no liability for variations in color, dye lot or shade. Some collections contain products that are hand-painted or manufactured by hand; slight variances in color, texture and/or weave may occur. There may also be inherent imperfections in certain fibers, metals, leathers or fabrics. None of the foregoing shall be considered defects.


FIRE CODES

Robert Allen Duralee Furniture upholstered items meet the requirements of the California Bureau of Home Furnishings Technical Bulletin 117-2013. It is the sole responsibility of the purchaser to specify fire code classifications that meet the jurisdictional agency of the location where the items are to be installed, if other than the code noted above. Robert Allen Duralee Furniture makes no representation that the specifications supplied to us by the purchaser meet the applicable requirements. All COM must be correctly manufactured or treated to meet The National Fire Protection Agency (NFPA) Class 1 standards when used in locations or for purposes that require it. COM which fail to meet these standards, void any Robert Allen Duralee Furniture warranties, expressed or implied. If additional fire codes are required to be met, they can be done for an additional charge based on the specific code and compliance steps required by the governing body. Please contact your Robert Allen Duralee Furniture Customer Service Representative for availability and pricing. In accordance with the provisions of the Flammable Fabrics Act, as amended, this merchandise is not intended for use in the manufacture of wearing apparel. Flame retardant chemicals can cause skin irritation, fabric spotting and/or stitching problems. In addition, all of the flame retardancy may be removed through machine washing and/or dry cleaning of the fabric. Accordingly, the Company shall have no liability for any losses, claims or damage resulting from flame retardant chemicals. Adding topical treatments to any fabric may alter the performance, quality, color or hand. The Company shall have no responsibility for any damage to fabric treated beyond regular finishes applied at the mill level. In accordance with the provisions of the Flammable Fabrics Act, as amended, this merchandise is not intended for use in the manufacture of wearing apparel. Flame retardant chemicals can cause skin irritation, fabric spotting and/or stitching problems. In addition, all of the flame retardancy may be removed through machine washing and/or dry cleaning of the fabric. Accordingly, the Company shall have no liability for any losses, claims or damage resulting from flame retardant chemicals. Adding topical treatments to any fabric may alter the performance, quality, color or hand. The Company shall have no responsibility for any damage to fabric treated beyond regular finishes applied at the mill level. Industry standards provide that 2% should be allowed for shrinkage if stain repelling, flameproofing or other processing is performed. Orders will be invoiced at the actual yardage requested as it will be assumed that the allowance has been made by the customer.


INQUIRIES

When inquiring about an order always be sure to list the "pattern" number or name, color and yardage required.


MEMO SAMPLES

The Robert Allen Duralee Group provides memo samples upon request, in its sole discretion for the sole purpose of assisting Customers in their purchasing decisions and they remain the property of the Company. The Company requests that all memo samples be returned within 30 days and reserves the right to charge for memo samples or to take any other steps it deems necessary to ensure that memo samples are used for their intended purpose.


MINIMUM ORDERS

The minimum order for cut yardage is one yard for fabrics and trim. Incremental yardage is ¼ yard. Orders received for cuts other than in ¼ yard increment will be rounded up to the next ¼ yard and billed at that amount. Leather is sold by full hides. Certain hardware is sold only in pairs.


PAYMENT TERMS

Unless specified otherwise, payment terms are net thirty days from date of invoice. Shipments are F.O.B., point of origin, unless stated and acknowledged otherwise.


PLACING AN ORDER

When placing an order be sure ALL information is given, including pattern name or number, color, all shipping instructions and markings. PRICES Prices herein quoted are net wholesale. Prices are subject to change without notice. All shipping and special processing charges are additional.


RETURNS & CLAIMS

No returns will be accepted unless authorization has been given. Your request for return authorization must include the invoice number, date of invoice, pattern, color, yardage and reason. All returns must be made within 30 days of invoice date. No returns will be accepted unless authorization has been given. Returns will not be accepted for fabric under 6 yards and dye lot variations. Yardage should be inspected for flaws, correctness of color, pattern, quantity and quality upon receipt, as returns will not be accepted for goods that have been cut, treated, altered, processed, subject to abuse or misuse, or damaged after shipment by Company. Returns will also not be accepted for custom products, special-ordered goods or if it is determined that damage is due to customer abuse of product. Refused shipments, Customer duplication of orders, or cancellations after shipment has been made are subject to a 25% re-stocking charge and all freight charges.


SHIPPING

Please specify shipping instructions if a particular carrier is preferred. If no instructions are provided, shipments will be routed by the carrier we deem most expedient. SPECIAL PROCESSES Industry standards state that 2% should be allowed for shrinkage. On orders for stain repelling, flame proofing, or other processes, indicate if allowance has been made for shrinkage. If an order does not explicitly indicate that the yardage amount requested includes an allowance amount for shrinkage, we will be assume that the additional allowance for shrinkage has been included and the order will be cut and invoiced at the amount requested. If a laboratory certification is required, increase your order by one (1) yard to allow for testing. A continuing guarantee under the Textile Fiber Products Identification Act is filed with the Federal Trade Commission.


LIMITATION OF LIABILITY

Robert Allen Duralee liability for any claim of any kind, including loss or damage resulting from or in connection with the manufacture, sales, delivery, resale, repair or use of any item covered by or supplied under these terms and conditions of sale shall in no case exceed the price of the item which gives rise to the claim. Claims resulting in lawsuits must be filed with the court of competent jurisdiction in the State of New York, County of Suffolk and buyer hereby consents to the personal jurisdiction of the federal and state courts located in Suffolk, New York. The Company shall not be liable for delay or failure in performance hereunder arising from any act of God or nature, strike, labor disruption, government action, lack of materials or other cause not within its control. Any action for breach of this Agreement must be made within one year after the sale.


DISCLAIMER OF WARRANTIES, LIMITATION ON LIABILITY

UNLESS OTHERWISE EXPRESSLY OFFERED BY THE FABRIC, HARDWARE OR FURNITURE MANUFACTURER AND INDICATED IN WRITING BY THE COMPANY, COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE OR OF MERCHANT ABILITY. IN THE EVENT OF COMPANY’S LIABILITY, WHETHER BASED IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, BUYER’S SOLE AND EXCLUSIVE REMEDY WILL BE LIMITED AS SET FORTH IN THE SECTION ENTITLED “NON-CONFORMING OR DEFECTIVE PRODUCTS”, TO REPAIR OR REPLACEMENT BY COMPANY OF ANY DEFECTIVE OR NONCONFORMING GOODS FOR WHICH TIMELY CLAIM MAY BE MADE BY BUYER. COMPANY EXPRESSLY DISCLAIMS ANY LIABILITY TO BUYER, ITS CUSTOMERS OR TO END USERS OF ITS PRODUCTS, FOR SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, INCLUDING DAMAGE TO OR LOSS OF OTHER PROPERTY OR EQUIPMENT, PERSONAL INJURY, LOSS OF PROFITS, BUSINESS OR REVENUES, OR COST OR OTHER DAMAGE, LOSS OR EXPENSE FROM ANY CAUSE WHATSOEVER, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE SALE OR USE OF ITS PRODUCTS. THE MAXIMUM LIABILITY, IF ANY, OF COMPANY FOR ALL DAMAGES HEREUNDER IS LIMITED TO THE PURCHASE PRICE OF THE DEFECTIVE OR NON-CONFORMING PRODUCTS SOLD PURSUANT TO THIS TRANSACTION. ANY ACTION ARISING HEREUNDER MUST BE BROUGHT WITHIN ONE YEAR FROM THE DATE OF SALE. SOME STATES DO NOT ALLOW THE EXCLUSION O R LIMITATION OF WARRANTIES, CONSEQUENTIAL DAMAGES OR REMEDIES, OR LIMITATION ON THE TIME FRAMES INVOLVED IN SAME, IN WHICH EVENT THESE LIMITATIONS MAY NOT APPLY TO YOU.

 

 

Furniture Terms & Conditions of Sale


ACCEPTANCE OF TERMS AND CONDITIONS

These terms and conditions of sale shall govern all furniture and casegoods orders and purchaser shall be deemed to have agreed to them. Any attempt to change or add to these terms by purchaser, or any conflicting terms on any correspondence, purchase order, or other form sent by purchaser is hereby objected to and rejected. Purchaser shall be deemed to have agreed to these terms and conditions of sale by placing an order, accepting delivery or by making payment hereunder. No oral agreement, course of prior dealings between the parties or trade usage shall amend or supplement any of the terms or conditions herein. All of the terms and conditions of this order and sale appear on this form and no additions or modifications can be made except in a writing signed by both parties that expressly references the amendment of these terms. All references to the “Robert Allen Duralee Furniture” “Company” or “we” shall mean The Robert Allen Duralee Group Furniture, LLC. All references to “Customer,””purchaser” or “you” shall mean the buyer of Company products.


ABANDONMENT & COLLECTIONS

The Company shall charge a storage fee to the purchaser for any furniture which is ready to ship and for which the balance has not been paid in full and/or for which delivery instructions have not been given within thirty (30) days after being billed. Merchandise not paid for within 60 days of invoice will be considered abandoned. In addition to any other remedy, the Company shall be entitled to liquidate the merchandise, retain all deposits and apply such proceeds to the unpaid invoiced balances. The purchaser is liable for any collection, legal fees and expenses incurred in the collection of unpaid invoices and any storage or related fees. The Company’s sole liability to purchaser (or purchaser’s customer or the end-user) shall be to reimburse the purchaser for payments made after deduction by the Company for its cost of goods, its customary profit thereon and all unreimbursed expenses of shipping, storage and sale thereof.


ADVERTISING

All advertising of the Company’s products must be dignified, tasteful and professional. Use of the Company’s trademarks, trade names, logos, copyrighted materials, digital images or other proprietary materials, in any medium (including without limitation, over the internet), without prior written approval by The Robert Allen Duralee Group, is strictly prohibited and may subject an unauthorized user to legal action by the Company. By purchasing the Goods, Purchaser agrees to abide by Company’s minimum advertised pricing policy.


RETURNS

No merchandise can be returned to the Company without its written consent. Unauthorized returns will be reshipped to the location of origin freight collect. We do not accept returns of floor samples or sale items, which are sold “as is” and for which all sales are final. There are no returns of goods that have been altered, processed, subject to abuse or misuse, or damaged after shipment by Company. All authorized returns will be subject to in/out freight and handling charges. In no event shall Company be liable for any customary variations within industry standards or for imperfections inherent in certain fibers, leathers, metals, fabrics or woods.


FREIGHT CARRIER CLAIMS

All merchandise is inspected before shipping and acknowledged in a signed document by the freight company that the items have been picked up in good condition. Title and risk of loss passes to customer upon placement of item with the common carrier. Therefore, purchasers or their receiving warehouses must inspect the items upon arrival and make claims for any damage, loss or shortages directly to the carrier which have sole responsibility for any damage, loss or shortages incurred during transit. Purchaser or their receiving warehouse should retain all packing materials of damaged items until the claim is resolved. Title and risk of loss passes to customer upon placement of item with common carrier


NON-CONFORMING OR DEFECTIVE PRODUCTS

We reserve the right to repair or replace any defective or non-conforming product, as provided. All claims for workmanship defects, shortages and errors must be made within five (5) days, after receipt of the merchandise to claims@tradgroup.com. Any repairs or claims must be documented in writing accompanied by photographs and sent to Robert Allen Duralee Furniture Claims Department. Failure to make a claim within five (5) days after receipt of the merchandise constitutes acceptance of the merchandise and a waiver of claims. All returns for defects must have prior authorization and instructions from the Company and must be returned in their original packaging and in the same condition as when received. Charges for local repairs will not be accepted without prior authorization from the Company. If verified by the Company to be defective, products will be repaired or replaced, at the Company’s sole option. If, upon inspection of an authorized return, the Company determines that the claim is unsubstantiated, the return will be rejected and handling and restocking charges will be assessed. The foregoing provisions shall constitute the purchaser’s sole remedy with respect to defective or non-conforming goods


CLIMATIC CONDITIONS, SUITABLE APPLICATIONS

Climatic conditions, including heat, light and humidity levels, within the user’s environment, can affect fabric and wood, and may lead to fading, stretching, shrinking or other damage. Fabric displayed in sample books and memo samples describes the intended application thereof. The selection of furniture or fabrics for specific placements or applications is made at the discretion and sole risk of the purchaser and the Company shall have no liability for such selections. Accordingly, purchasers are urged to review the suitability of such choices before ordering and to allow sufficient fabric for environmental effects.


CUSTOM REQUESTS

Custom quotes must be reviewed by the Company for suitability before it is accepted into production. Robert Allen Duralee Furniture reserves the right to reject custom requests. Robert Allen Duralee Furniture also reserves the right to make changes which relate to product structural integrity without notice.


CUSTOMER’S OWN MATERIALS (COM)

Production will not begin on any item requiring any type of fabric, leather, trim or cords supplied by the purchaser until ALL the materials for the item ordered have arrived, been identified and inspected. Robert Allen Duralee Furniture assume all COM received have been inspected and are ready for use. The purchaser is responsible for ensuring that all materials are identifiable when received. The purchaser takes responsibility for the wear-ability, safety, or fire code validity of the materials supplied by the purchaser. Robert Allen Duralee Furniture takes no responsibility for the selection of materials chosen by the purchaser. Robert Allen Duralee Furniture warranties do not extend to materials supplied by the customer. All fabric defect related claims are the sole responsibility of the Customer and fabric vendor.


DELIVERY

Delivery dates and lead times are estimates only, based on production schedules at the time of the order, and are subject to change. Production cannot begin and lead times cannot be calculated until the acceptance of the order by Robert Allen Duralee Furniture which includes: receipt of the required deposit; receipt of all COM; and confirmation of any changes, modifications or approvals to the original order. Robert Allen Duralee Furniture shall not be held responsible for any delays in production, or any costs related to late deliveries. All freight is FOB, N.C.


FIRE CODES

Robert Allen Duralee Furniture upholstered items meet the requirements of the California Bureau of Home Furnishings Technical Bulletin 117-2013. It is the sole responsibility of the purchaser to specify fire code classifications that meet the jurisdictional agency of the location where the items are to be installed, if other than the code noted above. Robert Allen Duralee Furniture makes no representation that the specifications supplied to us by the purchaser meet the applicable requirements. All COM must be correctly manufactured or treated to meet The National Fire Protection Agency (NFPA) Class 1 standards when used in locations or for purposes that require it. COM which fail to meet these standards, void any Robert Allen Duralee Furniture warranties, expressed or implied. If additional fire codes are required to be met, they can be done for an additional charge based on the specific code and compliance steps required by the governing body. Please contact your Robert Allen Duralee Furniture Customer Service Representative for availability and pricing.


FREIGHT & SHIPPING

Furniture items are shipped prepaid and billed, via furniture specific carriers that accept shrink-wrapped or boxed freight, as a service to the purchaser. The normal delivery times are 3-14 business days. This time may be extended if the delivery is going to a remote location. Once an item has left the facility, we can track the shipment as an accommodation, but have no control over the transportation of the goods. Purchasers can select their own carriers. Information for carriers, other than those offered by Robert Allen Duralee Furniture, must be identified on the purchaser’s order including; the carrier’s name, address, contact information and phone number. If the customer does not select their own carrier, Freight rates are subject to change due to carrier price changes and fuel surcharges. All freight is FOB, point of origin. Title and risk of loss passes to customer upon placement of item with common carrier. Prepaid freight is based on cubes or weight, not value. In shipping dock to dock, the carriers will only deliver to a professional receiving/delivery service. All furniture should be unpacked, examined and repacked before delivery to the end user. We are not responsible for furniture that is not properly repacked.


LIMITATION OF LIABILITY

Robert Allen Duralee Furniture liability for any claim of any kind, including loss or damage resulting from or in connection with the manufacture, sales, delivery, resale, repair or use of any item covered by or supplied under these terms and conditions of sale shall in no case exceed the price of the item which gives rise to the claim. In the case of a dispute, all matters shall be resolved under the laws of the state of New York. without regard to principles of conflicts of laws, and purchaser hereby consents to the personal jurisdiction of the federal and state courts located in New York, New York. The Company shall not be liable for delay or failure in performance hereunder arising from any act of God or nature, strike, labor disruption, government action, lack of materials or other cause not within its control. Any action for breach of this Agreement must be made within one year after the sale. Claims resulting in lawsuits must be filed with the court of competent jurisdiction in the State of New York, County of Suffolk.


ORDERS

Written orders received from the purchaser with all the correct information will be acknowledged by Robert Allen Duralee Furniture in writing within 48 hours. Robert Allen Duralee Furniture reserves the right to reject any order, refund any deposit and return any COM freight collect. It is the responsibility of the purchaser to advise Robert Allen Duralee Furniture in writing of any errors or discrepancies in the sales order acknowledgment within five (5) days of the receipt of the acknowledgment by Robert Allen Duralee Furniture. Changes to an order are subject to additional charges for materials, labor and other related costs and the order will be held until written confirmation from the purchaser is received. All furniture is subject to minor changes in details from the specifications noted as it applies to hardware, finishes and other minor upholstery details.


PAYMENT

Acceptance of orders and shipments shall at all times be subject to approval by the Company’s Credit Department, which may at any time in its sole discretion decline to make any shipment except upon terms and conditions satisfactory to it. All Robert Allen Duralee Furniture requires a deposit of 50% of the total purchase price for all orders. Orders received without a deposit will be held pending the receipt of the deposit payment. All payments must be received from the purchaser as identified in the purchase order. No third party payments will be accepted, unless approved in writing by Robert Allen Duralee Furniture. Acceptance of third party payments is an accommodation and does not create any relationship between Robert Allen Duralee Furniture and the third party. A service fee of 1.5% per month will be applied to orders that remain unpaid after (30) days of being invoiced. Canceled orders are subject to a cancellation fee. Any cancellation of an order must be made in writing within five (5) business days of the order date. Notwithstanding the foregoing, no cancellations will be accepted if production of the order has commenced, including without limitation, cutting of fabric. Acknowledged orders canceled prior to entering production are subject to a fee in the amount of 20% of the total purchase price. Orders canceled thereafter will be subject to a larger cancellation fee determined at the sole discretion of Robert Allen Duralee Furniture. The purchaser agrees that the cancellation fees compensate Robert Allen Duralee Furniture for the reasonable estimate of losses on the canceled order. Any order not shipped within 10 days of notification of completion is subject to a $7.50 per day, $50 minimum, storage fee. [The Company shall charge a storage fee to the purchaser for any furniture for which the balance has not been paid in full and/or for which delivery instructions have not been given within thirty (30) days after receipt by the receiver. If full payment and delivery arrangements have not been made by Purchaser within sixty (60) days after receipt by the receiver, the Company shall have the right to sell or otherwise dispose of such furniture in a commercially reasonable manner. In such event, the Company’s sole liability to purchaser (or purchaser’s customer or the end-user) shall be to reimburse the purchaser for payments made after deduction by the Company for its cost of goods, its customary profit thereon and all unreimbursed expenses of shipping, storage and sale thereof.


PRICES

Prices are subject to change without notice after an order has been accepted. Robert Allen Duralee Furniture reserves the right to change prices based on changes in quantities or total value of previously provided contract quotations, changes in orders from the purchaser and to correct pricing on orders received which contain modifications from the original order. Unless otherwise Acknowledged in writing, prices include carton packing, but, do not include freight or delivery, in-transit insurance, storage, service, taxes, receiving or installation. Freight can be prepaid by Robert Allen Duralee Furniture nor by the purchaser for third party collect payment. All prices are FOB, point of origin, unless stated and acknowledged otherwise.


PRODUCTS

Robert Allen Duralee Furniture reserves the right to make minor changes in furniture design, dimensions and other materials without prior notice. Robert Allen Duralee Furniture products are handcrafted and can have minor variations. All dimensions can have slight variations. Wood finishes can vary from samples and exact matching is not guaranteed. Materials used within the product line are listed in the General Product Information section of this price list and are to be considered the standards used in the manufacturing process.


WARRANTY

Robert Allen Duralee Furniture upholstered frames are sold with a limited warranty against defects in materials and workmanship for a period of one year from the delivery date. Robert Allen Duralee Furniture reserves the right to repair or replace defective merchandise, at its sole discretion. This limited warranty does not extend to other materials supplied to or by the purchaser or damage caused by shipping, accident, abuse, misuse, cleaning, or normal wear and tear. All other warranties express or implied are excluded.


DISCLAIMER OF WARRANTIES; LIMITATION ON LIABILITY

UNLESS OTHERWISE EXPRESSLY OFFERED BY THE FABRIC, HARDWARE OR FURNITURE MANUFACTURER AND INDICATED IN WRITING BY THE COMPANY, COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE OR OF MERCHANT ABILITY. IN THE EVENT OF COMPANY’S LIABILITY, WHETHER BASED IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, PURCHASER’S SOLE AND EXCLUSIVE REMEDY WILL BE LIMITED AS SET FORTH IN THE SECTION ENTITLED “NON-CONFORMING OR DEFECTIVE PRODUCTS”, TO REPAIR OR REPLACEMENT BY COMPANY OF ANY DEFECTIVE OR NONCONFORMING GOODS FOR WHICH TIMELY CLAIM MAY BE MADE BY PURCHASER. COMPANY EXPRESSLY DISCLAIMS ANY LIABILITY TO PURCHASER, ITS CUSTOMERS OR TO END USERS OF ITS PRODUCTS, FOR SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, INCLUDING DAMAGE TO OR LOSS OF OTHER PROPERTY OR EQUIPMENT, PERSONAL INJURY, LOSS OF PROFITS, BUSINESS OR REVENUES, OR COST OR OTHER DAMAGE, LOSS OR EXPENSE FROM ANY CAUSE WHATSOEVER, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE SALE OR USE OF ITS PRODUCTS. THE MAXIMUM LIABILITY, IF ANY, OF COMPANY FOR ALL DAMAGES HEREUNDER IS LIMITED TO THE PURCHASE PRICE OF THE DEFECTIVE OR NON-CONFORMING PRODUCTS SOLD PURSUANT TO THIS TRANSACTION. ANY ACTION ARISING HEREUNDER MUST BE BROUGHT WITHIN ONE YEAR FROM THE DATE OF SALE. SOME STATES DO NOT ALLOW THE EXCLUSION O R LIMITATION OF WARRANTIES, CONSEQUENTIAL DAMAGES OR REMEDIES, OR LIMITATION ON THE TIME FRAMES INVOLVED IN SAME, IN WHICH EVENT THESE LIMITATIONS MAY NOT APPLY TO YOU.

Robert Allen Duralee Group