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TERMS
AND CONDITIONS OF SALE
Acceptance: Orders
are subject to acceptance by PEP furniture under the terms and conditions as
presented herein or in our acknowledgement. PEP furniture' terms and conditions
shall prevail if in conflict with those of the purchaser's contract. Terms and
conditions not especially expressed therein are excluded from the purchaser's
contract and are disclaimed.
Agent's Authority: Buyer
understand and agrees that no agent, employee or representative of PEP furniture
has authority to bind PEP furniture to any affirmation, agreement,
representation or warranty concerning the goods, and Buyer further understand
and agrees that such affirmation of fact, promise, or representation made by any
agent, employee or representative of PEP furniture shall not constitute a
warranty or agreement unless specifically approved in writing by an authorized
officer of PEP furniture.
Terms: For accounts with prior
approval terms are Net 10 days. 1% interest per month shall be charged to
accounts 30 days past due. New accounts or accounts without established credit
require a 50% deposit at time of order placement and balance of payment before
shipping.
Credit Cards: PEP furniture will accept payment
through most major credit cards subject to approval of the issuing entity.
Taxes and Fees: All sales or use taxes or other fees which PEP
furniture may be required to collect and/or pay under existing or future law due
to the sale, purchase, use or consumption of our products or which accrue for
delivery, storage or processing shall be for the account of the purchaser and
payment thereof must be promptly made upon invoicing.
Pricing: Prices are subject to change without notice. Clerical
errors are subject to correction.
Cancellations and
Returns: Upon written authorization, all products shipped from open stock
will be accessed a 25% restocking charge if returned in original condition
freight prepaid by purchaser.
Custom manufactured products, including
those manufactured with C.O.M. are not returnable. Orders for open stock may be
cancelled before shipment subject to a $50.00 cancellation fee. Orders for
custom made products including those in C.O.M. cannot be cancelled once
materials are committed to production. A 50% cancellation fee will be charged if
custom products have not been put into production.
Shipping and
Freight Charges: All products are priced F.O.B. Morristown, Tennessee
unless otherwise stated on the acknowledgment.
For the convenience of
open account customers, PEP furniture will arrange for shipment by Common
Carrier or Contract Carrier as appropriate. Said charges for shipping and
handling will be added to the account of the purchaser for prompt payment upon
invoicing. All other accounts will be shipped freight collect. PEP furniture
will make its best efforts to arrange for timely arrival, but makes no guarantee
of arrival times and specifically disclaims responsibility for any claimed
damages or costs emanating from untimely arrival.
Customers who specify
routing are fully responsible for all payments, claims and all other issues
regarding delivery and are informed that title passes when their specified
carrier signs for goods. To arrange for Customer Pick-Up, call during business
hours (China Beijing Time), +86-755-26722196.
No air freight shipments
will be made without the specific written instructions of the purchaser who is
advised that air freight charges are based on dimension and may equal or exceed
the value of the products.
Freight Damage and Claims: All
products must be inspected at time of receipt and damage to product or shipping
containers noted on delivery bill of lading before signing. Claims must be filed
promptly with delivering carrier. PEP furniture must be notified without 48
hours of any claims of shortages or incorrect products.
Upgrades and
Dimensions: PEP furniture reserves the right to make improvements and
changes in its products to improve safety and/or functionality without prior
notice. Published dimensions are provided as reasonable guides only and may vary
with upholstery treatments or products changes and upgrades. If dimensions are
specifically critical they must be confirmed in writing at time or order
placement.
Warranties: PEP furniture warrants its products to
be free of defects for a period of five years from time of installation.
Warranty covers normal contract usage. We offer no warranty on upholstery cover
other then that expressed by cover manufacturer. Warranties on moving of
mechanical parts are limited to one year.
PEP furniture shall not be
liable in any event for the cost of any special direct, indirect, incidental or
consequential damages to anyone due to breach of any warranty hereunder. Our
sole obligation shall be to repair or replace product(s) determined to be
defective during the warranty period.
WARRANTIES NOT EXPRESSLY STATED
HEREIN, INCLUDING WITHOUT LIMITATIONS ANY IMPLIED WARRANTIES OR MERCHANTABILITY
AND FITNESS FOR PURPOSE, ARE EXCLUDED AND DISCLAIMED BY PEP FURNITURE,LTD.
PEP furniture makes no warranty for C.O.M. and applies C.O.M. solely at
the risk of the purchaser. For warranty service contact us or call at
+86-755-26722196.
WARNINGS
Inspections: Owners
and property managers are instructed to inspect products at intervals of not
less than twice a year, and more frequently when products show signs of wear or
deterioration. Inspections must include structural joints welds, points of
stress, screws and bolts. Products found to contain cracks, or bent parts or
loose or missing fasteners must be removed from service to avoid sudden failure
that could lead to injury of users. PEP furniture will not be responsible for
damage to seating products caused by use of hand trucks or dollies obtained from
other parties. When ordering material handling equipment from PEP furniture the
model chair to be moved must be specified.
Chair
Spacing: Property owners and managers are instructed to provide adequate
spacing around chairs to prevent tripping and to allow access to exits in the
event of an emergency. Purchasers must determine whether local fire codes
require ganging of chairs when used in rows (theater) settings. Ganging devices
are available as an upcharge option. PEP furniture assumes no responsibility for
failure to properly arrange chairs in a safe manner.
Flammability
Standards: All urethane foam cushioning and in-line upholstery textiles
meet the US flammability requirements of
Technical Bulletin CA-117. Customers who require other standards, such as
TB-133, must contact factory for availability and price quotations.
Determining local code requirements for flammability is responsibility
of purchaser.
Chairs with Folding Seats: Do not stand on seat
of use as a stepping stool.
TERMS OF USE
Individuals (the
"Users") who visit the PEP furniture Web site (the "Site") represent that they
have read and understand, and agree to be bound by, these Terms and Conditions.
User's use of the Site will constitute acceptance of these Terms and Conditions.
If User does not agree to these Terms and Conditions, User should neither access
nor use the Site.
USE
OF THE SITE Site Contents (as defined in the "Intellectual Property" section
below) may not be copied, reproduced, modified, published, displayed, uploaded,
posted, reposted, distributed, transmitted, used to create a derivative work, or
otherwise used for public or commercial purposes without PEP furniture' prior
written permission.
Users
of PEP furniture' Site assume all risks. PEP furniture' Site and its Contents
may not be current, complete, accurate or adequate. PEP furniture makes no
warranties or representations as to PEP furniture' Site Contents accuracy,
unavailability, completeness or timeliness. PEP furniture specifically disclaims
any liability or responsibility for any errors and/or omissions in the Contents
on its Site. PEP furniture hereby disclaims any duty or obligation to provide
any content updates.
PEP
furniture will not accept any unsolicited proposals or work product, and the
submission or transmission of unsolicited concepts, ideas, artwork, creative,
business or marketing strategies, or any other materials from PEP furniture'
Site Users will be considered non-confidential and non-proprietary. PEP
furniture' Site Users that send such unsolicited communication to PEP furniture
consent that PEP furniture may use such communication materials for any and all
commercial or non-commercial purposes without compensation, obligation or
recognition of any kind to said User.
The
User is prohibited from communicating with PEP furniture, it's officers and
employees through a posting, email, form, submission or other transmission from
or to PEP furniture' Site in which any portion of the communication is unlawful,
obscene, pornographic, libelous, threatening, defamatory, an invasive of
privacy, infringing of intellectual property rights, or otherwise injurious to
third parties.
PEP
furniture' Site users are further prohibited to communicating through a posting,
email, form, submission or other transmission from or to PEP furniture' Site,
it's officers or employees in which any portion of the communication consists of
or contains software viruses, chain letters, political campaigning, commercial
solicitation, mass mailings, or any form of "spam."
Users
may not use a false e-mail address, impersonate any person or entity, or
otherwise mislead PEP furniture, it's officers or employees as to the location
of the communication or content.
No
permission is hereby granted to any User to link from any other Web site to any
portion of this PEP furniture Site, or to frame any content contained on this
Site without PEP furniture' prior written permission.
INTELLECTUAL
PROPERTY PEP furniture' Site text, graphics, images, logos, button icons,
downloads, contact forms, screens, computer code, video, audio, animation,
software, the overall design of this Site, selection, arrangement and
presentation of all materials of whatever kind on the PEP furniture Site (the
"Contents") are owned and copyrighted by PEP furniture and/or other parties. The
PEP furniture Site Contents may also contain or reference trademarks, products,
logos, copyrights, patents, trade secrets, technologies, processes or other
proprietary rights of third parties ("Intellectual Property"). All such
Intellectual Property is the property of its respective owner, which may be PEP
furniture and/or other parties. Except as otherwise expressly stated herein,
Users are not granted any license to use, or right in, any such Intellectual
Property. Nothing in these Terms and Conditions shall be deemed to grant to User
or any other user any license or right in or to any patent, copyright,
trademark, trade secret or other proprietary right of PEP furniture.
CHILDREN'S
INFORMATION PEP furniture does not permit children under 13 years of age to
become Users of the PEP furniture Site. By using the Site, User represents that
User is not under 13 years of age.
MODIFICATION
OF THE TERMS AND CONDITIONS Users are responsible for periodically reviewing PEP furniture' Terms
and Conditions. Users continued use of the PEP furniture Site will be deemed an
acceptance of PEP furniture' Terms and Conditions then in effect. PEP furniture
may, in its sole discretion, make changes at any time to the Site or these Terms
and Conditions. Any modifications to these Terms and Conditions will be
effective upon posting. User's continued use of the Site following posting of
any revised Terms and Conditions will constitute acceptance of the modified
Terms and Conditions.
UNAUTHORIZED
USE OF THE SITE PEP furniture reserves the right to investigate and take legal action
against any illegal and/or unauthorized use of the Site, including but not
limited to, action that imposes an unreasonable load on the Site. PEP furniture'
decision not to pursue legal action for any violation of the Terms and
Conditions shall not be construed as a waiver of the Terms and Conditions or PEP
furniture' legal rights. In the event that any provision of PEP furniture Web
site Terms and Conditions is determined to be unenforceable or invalid, such
provision shall nonetheless be enforced to the fullest extent permitted by
applicable law, and such determination shall not affect the validity and
enforceability of any other remaining provisions.
THIRD
PARTY WEB SITES PEP furniture may display on this Site links to third party sites.
PEP furniture is not responsible for the contents of such links, or other
materials relating to such linked sites, or any link contained in a linked site.
The display of any link does not imply endorsement by PEP furniture of the
linked site. IN NO EVENT WILL PEP furniture BE LIABLE, DIRECTLY OR INDIRECTLY,
TO ANYONE FOR ANY DAMAGE OR LOSS ARISING FROM OR RELATING TO ANY USE, CONTINUED
USE OR RELIANCE ON ANY LINKED THIRD PARTY SITE OR ANY LINK CONTAINED IN A LINKED
SITE.
DISCLOSURE
OF DATA User agrees PEP furniture may disclose to third parties any
information that User provides to PEP furniture on the Site upon order of court,
administrative or regulatory body or other tribunal of competent jurisdiction,
or as otherwise required by law. In that event, PEP furniture will provide User
notice of such disclosure to the extent permitted by law. |