PAUL FERRANTE TERMS AND CONDITIONS
Orders Subject to Acceptance
All orders are subject to acceptance by PAUL FERRANTE, INC. (“PF” OR “Seller”), at PF’s designated location for acceptance of orders and only by employees or authorized representatives of Paul Ferrante.
ACCEPTANCE OF ORDERS IS BASED ON THE EXPRESS CONDITION THAT YOU (“YOU” OR “BUYER”) AGREE TO ALL OF THE TERMS AND CONDITIONS CONTAINED HEREIN.
THIS AGREEMENT AND THE ATTACHMENTS HERETO CONSTITUTE THE ENTIRE AGREEMENT BETWEEN THE CONTRACTING PARTIES CONCERNING THE SUBJECT MATTER HEREOF. ALL PRIOR AGREEMENTS, DISCUSSIONS, REPRESENTATIONS, WARRANTIES AND COVENANTS ARE MERGED HEREIN. THESE TERMS AND CONDITIONS SUPERCEDE ANY PRIOR AND/OR AD HOC AGREEMENTS BETWEEN BUYER AND PAUL FERRANTE. THERE ARE NO WARRANTIES, REPRESENTATIONS, COVENANTS OR AGREEMENTS, EXPRESS OR IMPLIED, BETWEEN THE PARTIES EXCEPT THOSE EXPRESSLY SET FORTH IN THE AGREEMENT. ANY AMENDMENTS OR MODIFICATIONS OF THIS AGREEMENT SHALL BE IN WRITING AND EXECUTED BY AUTHORIZED OFFICIERS OF THE CONTRACTING PARTIES.
Prices and Terms
Prices are subject to change without notice. All product prices are exclusive of other charges and freight charges. A minimum deposit of fifty percent (50%) of the purchase price is required to initiate order fulfillment. Orders for in-stock products require payment in full at the time of order placement. All accounts shall be paid net when invoiced. A service charge of the lesser of 1 1/2% per month or the maximum permissible rate will be added to all accounts not paid within sixty (60) days from the date of invoice for the final balance due. Orders must be paid in full, including crating and packing, storage, taxes and service charges prior to a client will call pickup.
Cancellation of Orders
ALL GOODS ARE CUSTOM MADE TO ORDER SPECIFICATIONS. ORDERS ARE NOT CANCELABLE AFTER TEN (10) WORKING DAYS, NOR RETURNABLE. CHANGES IN ORDERS, RETURNS OR CANCELLATIONS REQUIRE PRIOR WRITTEN APPROVAL FROM PAUL FERRANTE. SUCH ORDERS WILL BE SUBJECT TO CHANGE, CANCELLATION OR STOCKING FEES OF UP TO 50% OF THE NET SELLING PRICE. ORDERS FOR SPECIAL PRODUCTS MAY NOT BE CANCELED.
Additional storage fees of 3% per month will be charged to store merchandise if not picked up within sixty (60) days from the date of invoice for final balance due.
All quoted completion and delivery dates are estimates only and are subject to change by PF upon notice to You. PF shall not be liable for delays in completion or shipment or default in delivery for any reason of force majeure or for any cause beyond PF’s reasonable control including, but not limited to, (a) government action, war, terrorism, riots, civil commotion, embargoes or martial laws, (b) PF’s inability to obtain necessary materials from its usual sources of supply, (c) shortage of labor, raw material, production or transportation facilities or other delays in transit, (d) labor difficulty involving employees of PF or others, (e) fire, earthquake, storm, flood or other casualty or act of God, or (f) other contingencies of manufacture or shipment. In the event of any delay in PF’s performance due in whole or in part to any cause beyond PF’s reasonable control, PF shall have such additional time for performance as may be reasonably necessary under the circumstances. Acceptance by Buyer of any goods shall constitute a waiver by Buyer of any claim for damages on account of any delay in delivery of such goods.
All taxes and excises of any nature whatsoever now or hereafter levied by governmental authority, whether federal, state or local, either directly or indirectly, upon the sale of any goods covered hereby shall be paid and borne by Buyer.
Title/Risk of Loss
Any claim by Buyer against PF for shortage or damage AFTER CLIENT WILL CALL PICKUP must be made in writing within forty-eight (48) hours. All returns are subject to the accompanying Return Policy which is incorporated by reference and constitute a part of these terms and conditions.
Method of Shipment
PF products are will call basis only. WE DO NOT PACK OR SHIP.
Warranty and Disclaimer
Except as specified herein, PF warrants that any goods sold hereunder will be free from defects in workmanship and materials for one (1) year. This warranty does not apply to damage or breakage resulting from misuse, accidents, dramatic temperature variation, abuse, neglect, mishandling or wear and tear resulting from normal use. Defective products will be replaced within the normal production time period required to reorder and manufacture the same product. Many wood and metal finishes are applied by hand and may vary in color, tone, and character. PF will make every effort to match a finish, no guarantee can be made of an exact match. PF does not guarantee finishes against fading and oxidizing. Variations in color and veining are inherent in stone and wood and considered to be part of the natural beauty. Furniture and lighting are handmade, and therefore is subject to slight variations. This warranty does not apply to COM products or other materials applied to PF products. The suitability of fabric or leather for any use is entirely at the discretion of the purchaser. Purchaser is responsible for all information related to the required testing and treatment for any fabrics purchased. Requirements may vary by application and jurisdiction.
THE FOREGOING WARRANTY IS IN LIEU OF AND EXCLUDES ALL OTHER WARRANTIES NOT EXPRESSLY SET FORTH HEREIN, WHETHER EXPRESS OR IMPLIED, BY OPERATION OF LAW OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
Limitation of Remedies
PF SHALL NOT BE LIABLE FOR INCIDENTAL OR CONSEQUENTIAL LOSSES, DAMAGES OR EXPENSES, DIRECTLY OR INDIRECTLY ARISING FROM THE SALE, HANDLING OR USE OF THE GOODS, OR FROM ANY OTHER CAUSE WITH RESPECT TO THE GOODS OR THIS AGREEMENT, WHETHER SUCH CLAIM IS BASED UPON BREACH OF CONTRACT, BREACH OF WARRANTY, STRICT LIABILITY IN TORT, NEGLIGENCE OR ANY OTHER LEGAL THEORY. PF’S TOTAL LIABILITY HEREUNDER IN ANY CASE IS EXPRESSLY LIMITED TO REPAIR OR REPLACE (IN THE FORM ORIGINALLY ORDERED), AT PF’S ELECTION, THE GOODS NOT COMPLYING WITH THIS AGREEMENT, OR TO THE REPAYMENT OF, OR CREDITING BUYER WITH, AN AMOUNT EQUAL TO THE PURCHASE PRICE OF SUCH AFFECTED GOODS. THE REMEDY PROVIDED FOR ABOVE IS BUYER’S SOLE REMEDY FOR ANY FAILURE OF PF TO COMPLY WITH ITS OBLIGATIONS REGARDING THE WORKMANSHIP OF ITS PRODUCTS. PF’S TOTAL LIABILITY TO BUYER SHALL NOT EXCEED THE PRICE OF THE PRODUCT OR PART ON WHICH SUCH LIABILITY IS BASED.
ANY CLAIM BY BUYER WITH REFERENCE TO THE GOODS SOLD HEREUNDER FOR ANY CAUSE SHALL BE DEEMED WAIVED BY BUYER UNLESS SUBMITTED TO PF IN WRITING WITHIN FORTY-EIGHT (48) HOURS FROM THE DATE BUYER DISCOVERED, OR SHOULD HAVE DISCOVERED, ANY CLAIMED BREACH.
Remedies Upon Default
PF requires payment for any products hereunder in advance. If Buyer fails to make payment in accordance with the terms of this agreement or otherwise fails to comply with any provision hereof, PF may, at its option, retain the goods and declare a forfeiture of the deposit as liquidated damages.
Furniture and lighting are handmade, and therefore is subject to slight variations. All sizes as indicated in the price list are within 1/2″ variance. All of PF’s drawings, descriptive matter, weights, dimensions, descriptions, and illustrations contained in the PF’s catalogs, prices list, web site or advertisements are close approximations only and intended to give a general description of the goods and shall not form part of this agreement.
Waiver by PF of any breach of these terms and conditions shall not be construed as a waiver of any other breach, and failure to exercise any right arising from any default hereunder shall not be deemed a waiver of such right at any subsequent time. Any such waiver must be in writing and signed by an officer of PF.
In the event that any one or more of these terms or conditions is held invalid, illegal or unenforceable, such provision or provisions shall be severed and the remaining terms and conditions shall remain binding and effective.
This agreement and all rights and obligations hereunder, including matters of construction, validity, and performance shall be governed by the laws of the State of California including the Uniform Commercial Code as enacted in that jurisdiction, without giving effect to the principles of conflicts of law thereof. All disputes shall be filed with the American Arbitration Association (“AAA”) in Los Angeles, California and governed by the rules of AAA. All decisions made in the arbitration will be considered final and binding. Any judgment rendered by the arbitrator may be entered in any court having jurisdiction. (Attorney fees and costs shall be awarded to the prevailing party.)
PAUL FERRANTE RETURN POLICY
- All product should be inspected upon pick up at Paul Ferrante Will Call to verify goods are per order confirmation.
- Returns must be authorized by PAUL FERRANTE for refund, credit or exchange.
- Merchandise returns without written approval by PAUL FERRANTE will not be accepted and will be returned back to the shipper at their own expense.
- Installed, altered or damaged product will not be accepted as a return.
- Returns must be received to the designated location within 30 days of agreed upon return.
- All returns are subject to a restocking fee of 25% of the NET value. Shipping or other fees are non-refundable.
- The customer is responsible for return shipping fees.
- Any product received after the 30 days or of a condition other than brand new, will not be accepted.
- All Custom orders are final sale and cannot be returned. All deposits are non-refundable.
In-stock and showroom floor Items
- In-stock items, including any floor items or samples purchased at PAUL FERRANTE Showroom locations, are considered final-sale items and cannot be returned.