Terms and Conditions
1. PURCHASER'S RIGHT UPON INSPECTION: Purchaser shall inspect the Furniture upon delivery. If, upon Inspection, Purchaser believes that the Furniture fails to meet the Quality and Standard of paragraph 2, Purchaser shall refuse acceptance of the non-conforming Furniture, immediately return the non-conforming Furniture to Seller by way of the delivery personnel present at the moment of initial delivery, and shall notify Seller, in writing, within two (2) business days following Purchaser’s Inspection, of the alleged discrepancy between the quality and condition of the Furniture and the Quality and Standard of paragraph 2, setting forth the specific discrepancies in specific detail (“Purchaser’s Objections”). If Purchaser fails to so notify Seller of Purchaser’s Objections within the time and in the manner specified in this paragraph 3, or if, at the time of delivery, Purchaser refuses to accept any of the Furniture for any reason other than those noted in this paragraph 3, Seller shall retain any deposits previously tendered by Seller as agreed and liquidated damages and shall further retain any rights, remedies, choses, or causes in action, either under this Agreement or at law, it may have against Purchaser. Any Furniture accepted by Purchaser shall be deemed (a) Inspected, for purposes of this Agreement, and (b) approved by Purchaser in all Once the Furniture is approved by Purchaser, ALL SALES ARE FINAL.
2. QUALITY AND STANDARDS: The Furniture shall meet the following quality and standard (“Quality and Standard”):
- a. The Furniture shall be new and shall conform to the description, specifications and other requirements set forth on the product page.
- b. The furniture shall be fit for its intended purpose, for use as furniture in a residential dwelling.
3. DISCLAIMER OF WARRANTIES: aside from quality and standard described in paragraph 2, SELLER MAKES NO WARRANTIES WHATSOEVER, EXPRESS OR IMPLIED, WITH RESPECT TO THIS AGREEMENT OR TO ANY of the Furniture. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, the furniture IS SOLD “AS IS, WHERE IS”, AND SELLER SPECIFICALLY MAKES NO WARRANTIES AS TO THE QUALITY OF MATERIALS OR WORKMANSHIP. SELLER HEREBY EXPRESSLY DISCLAIMS, AND PURCHASER HEREBY WAIVES, RELEASES AND RENOUNCES, ALL OTHER WARRANTIES AND CLAIMS EXPRESS OR IMPLIED, ARISING BY LAW OR OTHERWISE, WITH RESPECT TO ANY of the furniture OR TO THIS AGREEMENT, INCLUDING WITHOUT LIMITATION, (A) ANY IMPLIED WARRANTY THAT the furniture IS MERCHANTABLE; (B) ANY IMPLIED WARRANTY THAT the furniture IS FIT FOR A PARTICULAR USE OR PURPOSE; (C) ANY IMPLIED WARRANTY ARISING FROM COURSE OF PERFORMANCE, COURSE OF DEALING OR USAGE OF TRADE; (D) ANY OBLIGATION, LIABILITY, RIGHT, CLAIM OR REMEDY IN TORT; AND (E) ANY OBLIGATION, LIABILITY, RIGHT, CLAIM OR REMEDY FOR LOSS OF OR DAMAGE TO ANY of the furniture, FOR LOSS OF USE, REVENUE OR PROFIT WITH RESPECT TO ANY of the furniture, FOR ANY LIABILITY OF SELLER TO ANY THIRD PARTY, OR FOR ANY OTHER DIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING STRICT OR ABSOLUTE LIABILITY IN TORT. Seller assigns to Purchaser its interests in any of the manufacturer’s warranties on the Furniture, if any and where allowed under the terms of such warranties, and nothing contained herein shall be construed to deprive Purchaser of whatever rights Purchaser may have against parties other than Seller (such as the manufacturer of any of the Furniture) and Purchaser agrees to look solely to such third parties with respect to any and all claims concerning any of the Furniture except as to ownership and title.
4. EFFECT OF WAIVER; ENTIRE AGREEMENT; NOTICES; APPLICABLE LAW: A delay or omission by Seller to exercise any right or remedy shall not impair any right or remedy and shall not be construed as a waiver of any breach or default. Any waiver or consent by Seller must be in writing. This Agreement, each Schedule, any riders, appendices, or addenda hereto completely states the rights of Seller and Purchaser and supersedes all prior agreements with respect to any of the Furniture. All notices shall be in writing, addressed to the other party at the address stated on the front or at such other address as may hereafter be furnished in writing. This Agreement shall be governed by and construed under the laws of the State of Florida, without giving effect to the conflict-of-laws principles thereof, and Purchaser hereby consents to the jurisdiction of any state or federal court located within the State of Florida. THE PARTIES HERETO HEREBY WAIVE THE RIGHT TO TRIAL BY JURY IN ANY ACTION ARISING OUT OF OR RELATED TO THIS AGREEMENT, THE OBLIGATIONS, OR THE FURNITURE.
5. NO AGENCY; MODIFICATION OF AGREEMENT: Purchaser expressly acknowledges that no action, statement, representation, warranty, promise, agreement or undertaking taken or made by any person or entity other than an authorized employee of the Seller shall be binding upon Seller. No statement, representation, warranty, promise, agreement or undertaking made by any authorized employee of Seller shall be binding upon Seller unless in a writing signed by Seller. Any waiver, amendment, abridgement, abrogation or other modification of any provision of this Agreement or any provision of any of the related documents must be in a writing signed by Seller and Purchaser; provided, however, Purchaser agrees that Seller may correct patent errors herein and fill in such blanks such as serial numbers, dates, and the like.
6. HEADINGS: The various headings of this Agreement are inserted for convenience of reference only and shall not affect the meaning or interpretation of this Agreement or any provision thereof.
7. SEVERABILITY; SURVIVAL OF COVENANTS: This Agreement is intended for use in several jurisdictions. If any provision of this Agreement shall be invalid under any law, it shall be deemed omitted but the remaining provisions hereof shall be given effect. 8. notices: All notices, requests, demands, or other communications under this Agreement shall be in writing.
8. NOTICE: All notices, requests, demands, or other communications under this Agreement shall be in writing.