TERMS AND CONDITIONS OF BUSINESS WITH BOCA RATTAN,
JUNE 1, 2009: The customer’s consent to these terms is implied upon the placement of an order with Boca Rattan
1. PAYMENT TERMS: Upon credit approval, payment terms are 2% 15, NET 30 DAYS from the date of invoice. BOCA RATTAN and its divisions reserves the right to charge the customer interest at an annual rate of 18%, compounded monthly at 1.5% on any amount not paid in full by 30 days from date of invoice. Please ensure that your postmark is dated within 30 days to avoid this interest charge.
2. PRICING: BOCA RATTAN pricing structures are as of June 1, 2009. Any prior negotiated pricing structures are NOT transferrable. BOCA RATTAN reserves the right to update any customer’s pricing to reflect our current pricing policy without advanced notice to the customer. All prices are quoted in the currency stated on the price list and are exclusive of taxes. BOCA RATTAN requires each dealer to have on file with them a current tax identification number in order to be exempt from tax.
3. ORDERS: All orders must be received on official customer purchase order forms and be complete as required shipping instruction, correct style & item number. Once production has begun on an order, there are no cancellations.
4. TERMS AND SHIPPING: Merchandise is shipped to the F.O.B. point designated by BOCA RATTAN and is collect from the F.O.B. point. It is the customer’s responsibility to secure their preferred carrier from the F.O.B. point at their expense. BOCA RATTAN accepts no responsibility for transportation rates or delivery schedules established by the carrier or for warehousing of the goods when the consignee is unable to accept merchandise at the time of delivery. Should it become necessary to collect an account through judicial or legal means, all collection and court fees including all legal expenses shall be at the expense of the buyer.
5. SHIPPING DELAYS OR FAILURE TO SHIP: BOCA RATTAN will not be responsible for delay or failure to ship or perform as a result of strikes, lockout, or other labour problems; failure or delay of suppliers to deliver or perform or any circumstance beyond our control. We reserve the right to ship any merchandise that is ready for pick-up and does not get picked up within a reasonable time period (3 days from date of notification). Pick up delays past this point will result in them being sold to satisfy other orders.
6. FREIGHT DAMAGE: All goods are inspected, wrapped and shipped to the customer from the F.O.B. on the price list which means the buyer takes possession and liability for the merchandise once it is consigned to the carrier. It is the responsibility of the buyer to inspect every item that they receive while the carrier is still on site. If for any reason you notice any damage to the carton or box, you must have the delivery person document on your copy of the deliver slip, the extent of the damage and sign it. IF THIS PROCEDURE IS NOT FOLLOWED THEN THE CUSTOMER HAS NO RE-COURSE TO CLAIM DAMAGE against the carrier. BOCA RATTAN is indemnified against damages once it leaves our facility.
7. PRODUCT WARRANTY, DAMAGE, REPAIRS: BOCA RATTAN makes every effort to work with suppliers who produce products of the highest quality and craftsmanship. BOCA RATTAN offers a LIMITED warranty to the original purchaser (ie-retailer or wholesaler) that our products are free from manufacturer’s defects in materials and workmanship for a period of 1 year from the date of original purchase. THIS WARRANTY APPLIES TO FRAMES ONLY. If the product fails in accordance with the warranty, BOCA RATTAN may repair or replace the merchandise during the warranty period at its sole discretion. Warranty does not apply to damage due indirectly or directly to negligence, accidents, mis-use, abuse, damage by pets or other or being used for something other than its intended purpose. Claims and repairs are NOT to be deducted from payments to BOCA RATTAN All claims must be inspected by our factory representative and original proof of purchase must be provided to qualify. If BOCA RATTAN agrees with the damage claim to the wooden frame in most cases we will provide the customer with touch up stain and ask that you perform this minor procedure. If the damage requires the work of a local repair shop, a quote for work from the repair shop on their official invoice must be submitted and approved by us in advance of any repairs being undertaken. If this is not done then the outside repairs are at the customer’s expense. **warranty is void where abuse of the product has been established is void on clearouts, ‘as is’ product or floor models. BOCA RATTAN shall be indemnified and not be held liable for death or injuries to person or property for incidental, special or consequential damages arising from the use of our products.
8. FABRIC & FOAM CUSHION WARRANTY: BOCA RATTAN does NOT offer returns or replacement on any fabric. Climate conditions including heat, light, sunlight and humidity levels within the customer’s environment can affect fabric and could lead to fading, lack of light fastness, stretching, shrinking or possibly other damage. The selection of fabric and its intended use is at the sole discretion and sole risk of the buyer and BOCA RATTAN shall have no liability and offer no warranty for such selections. Buyers are urged to carefully review the type of material, what it is made of, its exposure limitations and the cleaning code associated with their fabric choice and to fully research if this choice will meet their needs and requirements. Foam and cushion filing material will soften and conform to the shape of the users through normal use and this is not considered a manufacturing defect.
9. RETURNS AND RE-STOCKING FEES: The acceptance of a product return by BOCA RATTAN will be at our sole discretion and subject to the following terms and a 25% re-stocking fee:
•All return claims must be filed within 7 days after receipt of the merchandise. Copies of the original invoice and receiving documents will be required.
•Returns will only be accepted with an official BOCA RATTAN return authorization. Unauthorized returns will be rejected and returned at the purchaser’s (consignee of original purchase) expenses.
•In the event of a pre-approved return resulting from manufacturer defect, consignee must repackage the merchandise in the original packaging. BOCA RATTAN will arrange for the return transportation.
•If a return is authorized BOCA RATTAN will either arrange for a replacement or a customer credit subject to our determination.
•Any products that are returned to BOCA RATTAN without a return authorization will be refused at the receiving dock and returned to the customer collect freight.
10. PRODUCT SPECIFICATIONS: Descriptions and pictures contained in all catalogs and price lists are approximate and are not guaranteed. Since the product is natural, dimensions may vary from time to time.
11. C.O.M. ORDERS: Orders involving C.O.M. BOCA RATTAN does not necessarily agree to perform this task. We will normally do C.O.M. when we feel we have the capability to do so in a satisfactory manor. We do not warranty workmanship on C.O.M. fabrics. We do not warranty any pattern matches. For specific yardage consult the factory production department. Production time will be longer than non C.O.M. orders.
12. ACCOUNTS: Only the orders of accounts that are current are submitted to the production department for scheduling.
13. PRODUCT PHOTO’S: BOCA RATTAN photography is the property of BOCA RATTAN and may not be copied, transferred or used in any way without the permission of BOCA RATTAN Company signing officer.
14. INTERNET WEB SITE: BOCA RATTAN does not allow any of it’s product to appear on any website without the express written permission of BOCA RATTAN and then only when certain conditions have been met.
15. TRADEMARK: BOCA RATTAN is trademarked in the USA and Canada and may not be used or copied without the express written permission of BOCA RATTAN