Terms of service
RESOURCE FURNITURE, LLC
TERMS AND CONDITIONS OF SALE
ACCEPTANCE OF TERMS: These Terms and Conditions of Sale and the associated Sales Order (together, the “Agreement”) constitute the entire agreement between the undersigned purchaser and any client of undersigned purchaser for whom purchaser is purchasing the product(s) (individually and collectively, “Purchaser”) and Resource Furniture, LLC (“Resource”). The Agreement supersedes any and all prior oral and/or written agreements between Purchaser and Resource and any and all prior oral and/or written offers, statements, or representations by Resource to Purchaser, relating to the items listed in the Sales Order. Sales Orders are binding and final; payment by Purchaser of the initial deposit constitutes acceptance of these Terms and Conditions of Sale.
AGENT AUTHORITY: Any interior designer or other similar design professional purchasing one or more product(s) on behalf of a client of the design professional warrants and represents that, in signing these Terms and Conditions, they: (a) are acting as an agent for the ultimate user of the product(s) to whom the product(s) will be delivered and/or installed, (b) have the authority to bind the ultimate user to these Terms and Conditions, and (c) will provide and explain these Terms and Conditions to the ultimate user of the product(s) on whose behalf they are purchasing the product(s).
NO MODIFICATION: NO SALESPERSON OR REPRESENTATIVE MAY, IN ANY WAY, ALTER THESE TERMS AND CONDITIONS OF SALE ORALLY OR IN WRITING.
CREDIT CARD PAYMENTS: A 3.5% processing fee will be applied to all Credit Card transactions.
DEPOSITS NON-REFUNDABLE; NO CANCELLATIONS; NO RETURNS: Deposits paid to Resource are not refundable under any circumstances. After payment of the deposit, Purchaser may not cancel the Sales Order under any circumstances. Any cancellation authorized by Resource in its sole discretion shall be contingent upon payment by Purchaser to Resource of the greater of a restocking charge of fifty (50%) percent of the purchase price or forfeiture by Purchaser of deposits paid. Resource does not accept returns of purchased products.
FINAL PAYMENT: Resource shall not be required to make delivery until Purchaser’s order is paid in full. If Purchaser fails to make final payment to Resource within ten (10) days of issuance of a final invoice, Purchaser shall be responsible for payment of a storage charge at the rate of three (3%) percent of the Sales Order per month, plus the actual cost of transferring the merchandise to storage, which will be added by Resource to the final balance due from Purchaser. If final payment is not received from Purchaser within thirty (30) days after a final invoice is issued, Resource shall have the continuing option, in its sole discretion, to cancel the order and Purchaser’s deposit shall then be deemed forfeited to Resource as liquidated damages.
STORAGE CHARGES: For orders paid in full, Resource provides three (3) months of free storage. Should Purchaser be unable to receive the purchased product within this time frame, Purchaser agrees to pay a storage fee of three (3%) percent of the Sales Order per month to cover warehouse storage charges. Resource shall not be required to release the purchased product until all accrued storage charges are paid in full.
CUSTOM ORDERS: Custom orders are sold on a deposit/CBD basis. Purchaser shall pay to Resource fifty (50%) percent of the total Sales Order at the time the Sales Order is issued. Purchaser shall pay the remaining balance (including charges for delivery, installation and sales tax) upon issuance of a final invoice when the merchandise is completed.
IN-STOCK ITEMS, FLOOR MODELS, CONCRETE WALL, EXPEDITED DELIVERIES, REPLACEMENT COVERS OR HEADBOARDS: Payment in full (including applicable delivery, installation and taxes) is due at the time a Sales Order is issued for in-stock items, floor models, concrete wall, expedited deliveries, replacement covers, or headboards.
SHIPPING, DELIVERY & INSTALLATION: Any delivery date listed in the Sales Order is approximate. Resource shall not be liable for delays beyond its control including but not limited to delays caused by the manufacturer, shippers, customs or other governmental agencies, strikes, weather, acts of war, terrorism, fire, pandemics, or Acts of God. In addition to the purchase price of the merchandise indicated on the Sales Order, Purchaser shall be separately responsible for all shipping, delivery, special delivery, walk-up/walk-down delivery fees, special crating and installation charges, and applicable taxes. Additional charges may be required after site assessment due to circumstances not disclosed at the time the order was placed or undisclosed site conditions that require special delivery or special installation. Such charges include, for example only, wall blocking ($350) or walk ups ($250 per flight).
CLERICAL ERRORS: All prices and amounts contained on any Sales Order are subject to correction for clerical errors or omissions.
MATERIALS: Due to natural variations in furniture materials over which Resource has no control, all items containing natural or manufactured materials, including (without limitation) fabric, leather, wood, steel, glass or stone, are sold subject to variations and irregularities of color, grain and texture. Resource does not guarantee matching of color, grain or texture, except as specified in writing in the Sales Order. Resource does not assume responsibility for the appearance, durability, flammability, colorfastness, suitability or other qualities of customer-supplied material on finished products and shall not be responsible for any unsatisfactory results, defects, or deficiencies resulting from the use of such customer-supplied materials.
INSTALLATION & INSPECTION: ASSEMBLY AND INSTALLATION OF WALL BEDS AND NON-FREESTANDING CABINETS AND CLOSETS BY AN EXPERIENCED INSTALLER IS STRONGLY RECOMMENDED. WHEN ASSEMBLING AND ATTACHING A WALL BED OR NON-FREESTANDING CABINET/CLOSET TO A WALL, IT IS IMPERATIVE TO FOLLOW THE INSTRUCTIONS PROVIDED WITH SHIPMENT AND TO ADDRESS ANY UNIQUE CIRCUMSTANCES OF THE WALL TO WHICH THE WALL BED OR NON-FREESTANDING CABINET/CLOSET WILL BE ATTACHED TO ENSURE THAT IT IS PROPERLY SECURED TO THE WALL. FAILURE TO FOLLOW THESE INSTRUCTIONS COULD RESULT IN AN IMPROPER INSTALLATION AND MAY CAUSE SERIOUS INJURY OR
DEATH. ALL WALL BEDS AND NON-FREESTANDING CABINETS/CLOSETS SHOULD BE INSPECTED FROM TIME TO TIME TO ENSURE THEY ARE PROPERLY SECURED TO THE WALL. IF AT ANY TIME PURCHASER IS UNSURE WHETHER THE WALL BED OR NON-FREESTANDING CABINET/CLOSET IS PROPERLY SECURED, PURCHASER AGREES TO STOP USING IT IMMEDIATELY AND TO CONTACT CUSTOMERSERVICE@RESOURCEFURNITURE.COM. SERIOUS HARM OR DEATH MAY OCCUR BY USING AN IMPROPERLY SECURED WALLBED OR NON-FREESTANDING CABINET/CLOSET. PURCHASER AGREES THAT RESOURCE SHALL NOT UNDER ANY CIRCUMSTANCES BE HELD LIABLE FOR ANY INJURY WHATSOEVER RELATING TO, OR ARISING FROM, A WALL BED OR NON-FREESTANDING CABINET/CLOSET THAT WAS NOT ASSEMBLED AND/OR INSTALLED BY RESOURCE OR BY AN INSTALLER HIRED THROUGH RESOURCE. PURCHASER AGREES TO HAVE RESOURCE RE-INSPECT THE INSTALLATION EVERY FIVE (5) YEARS FROM THE DATE OF INITIAL INSTALLATION; PURCHASER SHALL BE SOLELY RESPONSIBLE FOR SCHEDULIING SUCH RE-INSPECTION BY RESOURCE.
DAMAGED, DEFECTIVE OR INCORRECT MERCHANDISE DETECTED AT TIME OF DELIVERY: Purchaser shall inspect all merchandise immediately upon delivery and installation. If there is any problem whatsoever, Purchaser shall immediately contact Resource’s local furniture showroom or Resource’s Customer Service team at 212.753.2039. If, upon inspection, Resource determines that Purchaser has received a damaged, defective or incorrect item then Resource will replace or repair the defective or damaged merchandise within a reasonable period of time.
LIMITED WARRANTY: Subject to the limitations set forth below, Resource warrants its products (other than wall beds and non-freestanding cabinets and closets) to be free from defects in material or workmanship for a period of two (2) years from the date of delivery, provided that the product is assembled and installed by Resource and used by Purchaser solely under conditions for which it was designed. Resource warrants wall bed parts for life in residential applications (excluding wall bed electronic motors, which are warrantied for a period of five (5) years) and for five (5) years in commercial/contract applications. This limited warranty is contingent upon the following conditions being satisfied at the time a request for warranty service is requested: (a) the wall beds were assembled and installed by Resource, (b) not disassembled and/or moved from the original installation site, (c) used under conditions for which it was designed, and (d) in residential applications, Purchaser arranges with Resource a re-inspection of the wall bed installation every five (5) years following the original installation. This limited warranty applies to parts only and excludes normal wear and tear, defects or deficiencies resulting from the use of customer-supplied materials, and the cost of labor required to provide repairs covered by this limited warranty. For a warranty claim by Purchaser to be valid, Purchaser must notify Resource in writing during the warranty period and within thirty (30) days of discovery of the defect by Purchaser, and Purchaser must allow Resource (or its agents) to inspect the claimed merchandise. If Purchaser follows the above procedures, and if Resource accepts Purchaser’s warranty claim, Resource shall, in its sole discretion, either replace, repair, or otherwise correct any defective part or product, improper assembly, or improper installation covered by this limited warranty, within a reasonable time frame. All other express warranties are hereby excluded and all implied warranties (including any warranty of merchantability or fitness for a particular purpose) are limited in duration to two (2) years. All the warranties listed above apply only to the original Purchaser, are non-transferable, and shall terminate if the merchandise is removed and reinstalled in its current location, or moved to, or installed in, a new location by one other than Resource or its agent.
OTHER CLAIMS: All claims other than warranty claims (including without limitation claims for shortages and errors), must be made in writing within three (3) days after delivery. Purchaser’s failure to submit a written claim to Resource within this three (3) day period shall constitute Purchaser’s acceptance of the merchandise and waiver of any shortages, errors or other claims.
ARBITRATION OF DISPUTES: Any controversy or claim arising out of or relating to the product purchased by Purchaser, or any breach of this Agreement, shall be adjudicated by way of arbitration administered by the American Arbitration Association (“AAA”), in New York City, before a single arbitrator, in accordance with the appropriate AAA arbitration rules, and judgment on the award rendered by the arbitrator may be entered in any state or federal court having jurisdiction thereof. The arbitrator shall impose upon the losing party the cost of arbitration and may in his/her sole discretion award the prevailing party its reasonable attorney’s fees upon determination that the losing party proceeded in bad faith or in a frivolous manner. PURCHASER AND RESOURCE HEREBY KNOWINGLY AND VOLUNTARILY WAIVE ANY RIGHT TO HAVE ANY CLAIM ARISING FROM THIS AGREEMENT OR RELATING TO THE PRODUCT(S) PURCHASED FROM RESOURCE ADJUDICATED IN COURT OR BY A JURY.
GOVERNING LAW, ETC.: This Agreement, and any controversy or claim arising out of or relating to this Agreement, shall be governed solely by the law of the State of New York, without regard to any conflicts of law provisions. Purchaser and Resource hereby irrevocably consent to the exclusive jurisdiction and venue of the AAA, and the state and federal courts, located within New York County, State of New York, in connection with any matter arising out of or relating to this Agreement. Purchaser and Resource hereby irrevocably agree that process may be served on it by the other in any manner authorized by the Laws of the State of New York, and by the methods set forth in the Notices & Service provision below, and Purchaser and Resource each waive any objection it might otherwise have to service of process under New York or federal law.
NOTICES & SERVICE: Notices required under this agreement shall be in writing and served upon the party to be noticed at the addresses set forth in the Sales Order (or last known address) via any method requiring a signature (including US Mail, FedEx, or UPS), with a courtesy copy via email to the served party’s last known email address. Purchaser and Resource hereby agree to accept service of process and of other legal papers served personally or via any alternative method listed above.
