TERMS AND CONDITIONS OF SALE
These Terms and Conditions for Sale of Products by Amalfi Home Furniture (the “Company”) shall be the only terms and conditions applicable to the sale of Products by the Company. These terms and conditions shall be exclusive and in lieu of all terms and conditions appearing on the face or reverse side of any purchase order or other documents submitted by the Customer, except as may be otherwise agreed in writing between the parties in the manner specified herein. The identification of specific products, as well as the price, quantity, estimated delivery dates, payment terms and billing instructions shall be as set forth in Pro Forma(s) signed by the Company and sent to the Customer, subject to the restrictions and terms hereof. As used herein, the term “Product(s)” means all FURNITURE GOODS which the company has agreed to supply. The term “Customer” refers to the ORIGINAL COMMERCIAL PURCHASER of Products from Company.
1. Price
All prices are in United States’ Dollars unless otherwise specified in writing on a purchase order or other agreement signed by the Company.
2. Payment Term
Unless otherwise agreed to in writing, payment terms are 14 days after receipt of invoice
(“ROI”). Payment is to be made by TT or ACH wire transfer. Company is not liable for any demurrage charges, if applicable, in the event of late payment or otherwise.
3. Shipment
Company is a container only supplier, FOB Asia and ships only full 40’high cube containers.
4. Warranty
Amalfi warrants that its products are free from manufacturing defects (workmanship and/or material) and upon approval and at company’s discretion will either give partial or full credit or replace defective parts for a period of up to 13 months from receipt of invoice.
Frames, however, are warranted to be free of defects in workmanship and materials for three (3) years under normal use and conditions. Defects in workmanship and materials are defined, for the purpose of this warranty, as causing the product to be unsound structurally or mechanically, or substantially altering the appearance of the piece.
This warranty is made solely to the original purchaser and is not transferable under any circumstances. Company will not handle claims from consumers directly; all requests must go through the original purchaser. This warranty supersedes and replaces all implied warranties of merchantability and use for particular purpose. No representative, employee, or agent of company or any other person is authorized to assume for company any additional liability or responsibility in connection with company’s products. Implied warranties or merchantability and fitness of the merchandise are limited to a period of 13 months from receipt of invoice.
While Company is committed to honor its warranty policy, we do employ a rigorous review procedure when evaluating warranty claims to evaluate if its Products were truly defective or rather damaged after shipment. Company’s warranty is voided under any of the following conditions: improper handling resulting in damage; normal wear and tear; damages incurred during transportation; damages incurred during assembling or maintenance; and damages incurred by accidents or abuse, etc.
5. Parts
Parts orders can be submitted via email to customercare@amalfihome.net and are subject to review and approval. Amalfi will not process any parts orders or credit claims from customers with outstanding unpaid invoices. All invoices must be paid in full 14 days ROI.
Parts are shipped on customers’ next available container.
All parts orders and claims MUST have the following documentation and CANNOT be processed without:
I. Images of the damaged piece.
II. Original PO number that the item was ordered on.
III. A clear and descriptive explanation of the problem.
IV. Copy of the retail Bill of Sale
Fees may apply to a parts order if the product was damaged or lost in transport or as a result of customer abuse.
6. Dealer Preparation & Labor:
Company DOES NOT reimburse for “Dealer Preparation” of products. “Dealer Preparation” is the touch up of minor imperfections or defects that arise in the normal manufacturing process, such as small scratches, minor inconsistencies in finish, screwing in brackets or hinges, etc. Moreover, unless otherwise agreed to in writing, Company DOES NOT accept chargebacks for labor.
7. Process of Sale:
Customers shall issue one or more purchase orders “PO” to the Company for the purchase of specified merchandise via email. If the Company accepts the order, the Company will send a Pro Forma confirming the receipt and acceptance of the PO. No variations of the Company’s terms, conditions or prices will be effective unless they are in writing and signed by Amalfi Home Furniture.
8. Cancellation & Modification of Orders.
The cut-off date to make changes to orders is 45 days prior to shipment. No modifications or cancellations are allowed if received less than 45 dates from requested ship date. All modifications and cancellations must be in writing.
9. Limitations on Damages
In no event shall Company shall be liable for any consequential, special, indirect, incidental, resultant, exemplary, treble, or punitive damages arising out of or related to these Terms and Conditions or otherwise in connection with the sale, manufacturing, completion, or delivery of any Products or Services. The liability of Company resulting from the foregoing shall not in any case exceed the cost of replacing or repairing any Products sold or Services provided.
10. Governing Law, Venue, Personal Jurisdiction
These Terms and Conditions, including without limitation the existence, validity, performance, breach, and termination thereof are governed according to the laws of the State of Florida. Venue for any proceedings arising out of or related to these Terms and Conditions, shall be in Palm Beach County, Florida. All Customers hereby submit to personal jurisdiction in the
State of Florida and waive any right to claim the lack of personal jurisdiction or forum nonconveniens.
11. Attorney’s Fees, Interest and Costs
Under no circumstances will Company be responsible for a customer’s attorney’s fees, costs and/or other legal expenses resulting from legal disputes arising from the sale of products. In any dispute involving monies owed to the Company, Amalfi shall be entitled to reasonable interest on unpaid invoices.
12. Miscellaneous
These Terms and Conditions is the entire agreement between the parties and merges and supersedes all prior understandings, representations, warranties and agreements in respect of the subject matter contained herein. These Terms and Conditions cannot be changed or terminated orally.
These Terms and Conditions may be updated, modified, or changed by Company in its sole and absolute discretion, at any time. Customer shall be deemed to be on notice of the updated, modified, or changed terms upon the posting of same on its Company’s website which may be accessed at (www.amalfihome.net) or by providing the Customer with a copy of the updated, modified, or changed terms via hand-delivery, mail, or e-mail. The version of the Terms and Conditions in effect at the time that any invoice, contract, or purchase order is executed shall be binding upon the parties thereto regardless of any course of dealing, representations, or otherwise.
If any provision, word, statement, or phrase of these Terms and Conditions are invalid under any applicable statute or rule of law, only such words, statements, phrases, or provisions may be severed from these Terms and Conditions with the remainder of same continuing to be valid and binding upon Customer and Company.
No failure, on the part of either party, or any time, to enforce, or to require the adherence and performance of any of these Terms and Conditions shall constitute waiver of such terms and conditions.