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Terms & Policies

Revised July 10, 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


SAMPLES

The Robert Allen Group provides memo samples upon request, subject to its sole discretion, for the sole purpose of assisting customers in their purchasing decisions. The Company also provides Sample Books to its sales territories, subject to its sole discretion, for the sole purpose of assisting customers in their purchasing decisions. The Sample Books remain the property of the individual sales territories to which they are provided. The sales territory reserves the right to charge for Sample Books or to take any other steps it deems necessary to ensure that Sample Books are used for their intended purpose.


RESERVES

Reservations placed on fabric will be honored for ten (10) calendar days.


PRICES

On-line price lists replace all prior price lists. On-line price lists, or any portion thereof, may not be reproduced without our express prior written permission. Prices herein quoted are net wholesale. All shipping and special processing charges are additional. All prices are subject to change without notice.


RESERVES

Reservations placed on fabric will be honored for ten (10) calendar days.


CREDIT AND PAYMENT TERMS; OFFSETS

Reservations placed on fabric will be honored for ten (10) calendar days.


RESERVES

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. Unless specified otherwise and subject to credit approval, terms of payment for all goods other than furniture or custom orders are net thirty (30) days from the date of the invoice and all shipments are F.O.B. point of origin. All orders are subject to the absolute right of the Company to require payment of all or any part of the purchase price in advance of delivery. Furniture and custom orders require a minimum deposit of 50% with order and payment of the balance in full prior to shipment. Interest will be charged on all past due accounts at the maximum rate permitted by applicable law. Any indebtedness of Buyer to The Robert Allen Duralee Group may at the Company’s option be credited against amounts owed by the Company to buyer. Payments received by the Company from the Buyer may be applied to any past due invoice or account of the Buyer.


FLAME RETARDANT PROPERTIES AND SPECIAL FINISHES

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. Though the Company will have special finish processes added upon customer request, the Company shall have no responsibility for any damage to fabric treated beyond regular finishes as stocked which are applied at the mill level. Kindly indicate, on all orders for stain repelling, flame-proofing, or other processes, if allowance has been made for shrinkage. These orders will be invoiced at the yardage requested, if orders are not marked otherwise it will be assumed that allowance has been made. Industry standards state that Two (2) % should be allowed for shrinkage. If a laboratory certification is required, increase your order by one (1) yard to allow for testing. Unless requested, the Company’s products are not known to contain added flame retardants. California residents can find any required Proposition 65 warnings on the product’s page at the relevant Company brand website. A Continuing Guarantee under the Textile Fiber Products Identification Act is filed with the Federal Trade Commission.


DELIVERY SCHEDULES; SHIPPING, AND CHARGES; TITLE TRANSFER

In-stock cut yardage orders are generally shipped within twenty-four (24) hours from receipt of a credit approved order. Furniture, custom, special-order and non-stock orders have longer lead times. Delivery dates supplied by the Company represent its best estimate, but are in no way guarantees of delivery. Accordingly, the Company shall have no liability for delays in delivery or failure to meet estimated delivery dates. All shipments are made F.O.B. point of origin. All orders are subject to shipping and/or handling charges. Title to goods passes upon payment in full; risk of loss passes upon delivery to buyer’s common carrier. Investigations for products lost or otherwise missing after carrier proof of delivery has been recorded, are not the responsibility of The Company. It is the customer’s responsibility to insure a safe, secure delivery point for goods. Please specify at time of order if a particular carrier is preferred. If no instructions are provided, shipments will be routed by the carrier the Company deems most expedient.


CANCELLATION OF ORDERS

Any cancellation of an order must be made in writing within three (3) 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. If production has not commenced and the cancellation is accepted, the buyer’s deposit will be refunded. No cancellations are possible for certain fabric brands including Ardwyn Mills, & Today’s Interiors.


DYE LOT AND OTHER VARIATIONS; INHERENT IMPERFECTIONS

Color will vary from piece to piece and the Company does not guarantee the dye lot. For close match, request a CFA (Cut For Approval) and reserve the associated stock pending approval. In the absence of such request and reserve, the Company shall have no liability for variations in color, dye lot, or shade. Since color variation often cannot be avoided from one dye lot to another, we do not guarantee dye lots, and can issue no credit for dye lot variation unless a sample to be matched is submitted with the order. If a close color match is required, please request a CFA and reservation of present stock for approval before shipping. 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 or color variance in certain fibers (such as silk and linen), metals, leathers, or fabrics. None of the foregoing shall be considered defects. Due to the possibility of differences in dye lots, we recommend that all fabrics be in your possession before any work is started. Paints and special dye jobs should be made up to match actual fabrics, not sample equipment. No claims will be recognized for fabric color or quality after it has been in any way processed by the purchaser. Most fabrics are rolled face in; however, it is possible that a roll may be delivered face out. It is the responsibility of the purchaser to insure that the party conducting the fabrication understands the pattern, color, and orientation of the fabric (railroaded/non-railroaded and face). Refused shipments, customer duplication of orders, or cancellations after shipment has been made are subject to a twenty-five (25) % re-stocking charge and all freight charges. No fabric can be returned for credit if it has been processed by the purchaser in any way. Published pattern size and repeat may vary by as much as five (5) % due to process variation. If pattern size is critical to the project a request can be made through Customer Service to have a specific lot checked for pattern size by the Company’s Quality team prior to shipping.


INCORRECT MERCHANDISE

If by chance incorrect merchandise is shipped, the Company will not accept any claims or responsibility if the merchandise has been cut and/or fabricated. Additionally, when fabric is being shipped to a third party for fabrication, it is incumbent upon the customer to provide color and pattern information to the third party as a final check on the correctness of color and pattern. The Company will not be liable for fabrication or installation costs associated with the processing of incorrect goods. Fabric cannot be returned for credit after it has been cut. Yardage must be inspected for flaws, correctness of color, pattern, quantity, and quality before cutting as no allowance will be made for cut fabric. Your request for return authorization must include the invoice number, date of invoice, pattern name or number, color, yardage, and reason. All returns must be requested within 30 days of invoice date.


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. On a three (3) yard length, this is more than three (3) inches. A minimum of four (4) inch hems should therefore be used to permit later adjustments. It may be preferable that fabrics be installed and hemmed later after the fabric has adjusted itself to the room. Generally, humidity will cause fabrics to shrink, and dryness will cause fabrics to stretch. Dimensional change is not considered a fabric performance issue. 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 result.


CLIMATIC CONDITIONS; SUITABLE APPLICATIONS; ROLL DIRECTION

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 and any other questions with the Company’s Customer Service Department before ordering and to allow sufficient fabric for environmental effects. The Company does not guarantee roll direction and is not responsible for errors in application due to roll direction this includes pattern or pile direction as well as front/back errors.


RETURNS

All products should be inspected for correctness of color, pattern, quantity, and quality upon receipt as returns will not be accepted for goods that have been cut, treated, altered, processed, subjected to abuse or misuse, or damaged after shipment by the Company. Your request for return authorization must include the invoice number, the date of the invoice, pattern name or number, color, quantity, and reason for the request. Evidence, such as pictures, of damage or defects may be required to receive return authorization. No returns on fabric under six (6) yards are allowed. No returns of floor samples or sale items, which are sold “as is” and for which all sales are final. No returns of goods that have been cut, treated, altered, processed, subject to abuse or misuse, or damaged after shipment by Seller. No returns of custom products or special-ordered goods. All returns must be authorized in advance and must be returned using the shipping tag provided by the Company. All authorized returns must be in original packaging materials and in the same condition as when received by buyer. Any credit issued for a return will not be greater than the price paid for the actual quantity of product returned. Refused shipments, customer duplication of orders, or orders that were cancelled after shipment has been made are subject to a twenty-five (25) % restocking charge and all freight. Returns requested for orders that were signed for and later found to have shipping damages are subject to be denied. Returns authorized as a customer convenience will be subject to the twenty-five (25) % restocking charge and all freight. Refusal to receive drop shipped orders from international vendors does not release the customer from the purchase agreement.


NONCONFORMING OR DEFECTIVE PRODUCTS

The Robert Allen Group reserves the right to repair or replace any defective or non-conforming product, as provided below. All products must be inspected by the Buyer or Buyer’s customer, workroom or other agent, upon receipt and all defects or damages must be promptly reported to the Company’s Return’s Department. All shipments received and signed for by Buyer’s receiver must be inspected for damage prior to acceptance and the Company must be notified promptly of any problem. All returns for defects must have prior authorization and instructions from the Company and must be returned in their original package and in the same condition as when received. If verified by the Company to be defective, products will be accepted within thirty (30) days after receipt for repair or replacement, at the Company’s sole option. The Company will pay all return in/out freight and handling charges in such verified cases. If, upon inspection of an authorized return, the Company determines that the claim is unsubstantiated, the return will be rejected and return in/out freight, handling, and restocking charges will be assessed. Charges for local repairs will not be accepted without prior authorization from the Company. The foregoing provisions shall constitute the Buyer’s sole remedy with respect to defective or non-conforming goods. In no event shall Seller be liable for any customary variations within industry standards or for imperfections inherent in certain fibers, leathers, metals, fabrics or woods. All materials should be inspected prior to fabrication or installation. The Company will not be responsible for fabrication or installation costs due to the use of materials with visible defects.


FABRIC PERFORMANCE CLAIMS

The Company goes to great lengths to insure fabric conformance to industry standards; however, claims of less than standard fabric performance are thoroughly investigated. A typical investigation would begin with several high resolution pictures clearly showing the issue of investigation along with the order number and an explanation of the issue. Follow up may include but, is not limited to: a request for more pictures or clarification of the explanation, material testing, a request for cushion covers to be sent to the lab for review, site visits, or third party assistance (mills, finishers, local service providers). A claim may take as long as six (6) to eight (8) weeks to conclude depending on the nature of the complaint and the complexity of the situation. Resolution will depend upon the results of the investigation but, the Company seeks to diligently pursue fairness in each instance. The Company will not honor any fabric performance claim beyond one year from time of sale.


NO THIRD PARTY BENEFICIARIES

No third party shall have any rights with respect to this sale transaction, on any legal or equitable theory of reliance, contract or otherwise, and the Company shall have no liability to any such third party, including without limitation, a customer of the buyer or an end user of the Company’s products. The Company sells “to the trade” only and not directly to consumers; any signatures or payments made by consumers with respect to this transaction shall be deemed to have been made as a convenience only as agent for the trade buyer named herein.


LIMITATION OF LIABILITY; COLLECTION; GOVERNING LAW; FORCE MAJEURE

The Robert Allen Duralee Group 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 Tennessee without regard to the principles of conflicts of laws, and Buyer hereby consents to the personal jurisdiction of the federal and state courts located in the state of Tennessee. 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 (1) year after the sale.


DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

Unless otherwise expressly offered by the product manufacturer and indicated in writing by the Company, Seller disclaims all warranties, express or implied, including but not limited to, warranties of fitness for a particular purpose or of merchantability. In the event of Seller’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 “NONCONFORMING OR DEFECTIVE PRODUCTS”, to repair or replacement by the Seller of any defective or Nonconforming goods for which timely claim may be made by the Buyer. Seller 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, loss of business, loss of revenues, or cost of 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 the Seller for all damages hereunder must be brought within one (1) year from the date of sale. Some States do not allow the exclusion or limitation of warranties, consequential damages or remedies, or limitations on timeframes 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.