Terms and Conditions of Sale
CONTROLLING PROVISIONS: These terms and conditions shall control with respect to any purchase order or sale of Toledo Furniture, Inc. products.
No alteration, modification or waiver of these terms and conditions whether on Customer’s purchase order or otherwise shall be valid unless the alteration, modification or waiver is specifically accepted in writing by an authorized representative of Toledo Furniture, Inc.
Prices, Designs and Terms and Conditions of Sale are subject to change without notice.
TERMS OF PAYMENT: As stated on invoice. Maximum legal interest rate charged thereafter.
MINIMUM INVOICE CHARGES: $100 net for any single order.
RESCHEDULED SHIPMENTS: Toledo Furniture, Inc. endeavors to ship when requested by the customer. Orders may be rescheduled (delivery delayed) with the written consent of Toledo Furniture, Inc. Orders rescheduled (delivery delayed ) more than 10 calendar days will be invoiced at 30% of the purchase order value with payment due immediately.
PRICING: All prices are unassembled, F.O.B. Toledo Furniture Factory. All orders are subject to final acceptance by Corporate Office. Prices are subject to change without notice. Toledo Furniture, Inc. has the right to make product design changes at any time. Toledo’s prices do not include sales, use, excise or similar taxes. Consequently, in
addition to the prices specified herein, the amount of any present or future sales, use, excise or similar tax applicable to the manufacture, sale, purchase or use of the goods sold hereunder shall be paid by Buyer. In lieu thereof, Buyer shall provide Seller with a tax exemption certificate acceptable to the applicable taxing authorities.
SPECIFICATIONS: Toledo Furniture, Inc. reserves the right to change any product specifications contained in this price list.
SHIPPING TERMS: Truckload shipments will be F.O.B. shipping point (our option) freight prepaid and add. LTL, Less than Truckload shipments will be F.O.B. shipping point (our option).
Shipping and handling charges for LTL, Parcel Post, UPS, and Fed-X will be paid by the customer and added to the invoice. The most economical routing to recognized delivery points will be used, at our discretion. The cost of any special routing, packaging or handling that has been requested by the customer, and is a deviation to our normal handling methods, will be added to the order and paid by the customer. If purchaser does not accept delivery of merchandise when ready for shipment, storage fees may be charged to the purchaser unless other arrangements have been made.
Orders are accepted subject to approval of our General Office and Credit review at Stroudsburg, Pennsylvania, and contingent upon acts of God, war, civil disturbance, strikes, labor difficulties, delays of carriers, inability to obtain materials, accidents or any other cause beyond our control.
Orders, when accepted, cannot be cancelled without our written consent. No material will be taken back without our written consent. Orders for non-standard and custom (i.e. non-cancellable/non-returnable) material may not be cancelled nor will Toledo Furniture, Inc. accept return of such material for credit. Toledo Furniture, Inc. reserves
the right to change the designation of products from standard to non-standard and vice versa. This may be done at any time without notice, and without incurring obligation. For further information contact Toledo Furniture, Inc.
CANCELLATIONS & RETURNS: No return merchandise will be accepted without written consent of the Toledo Furniture, Inc. Corporate Office. All returned shipments are subject to a re-stocking charge of 50% plus all transportation charges incurred by Toledo Furniture, Inc. Once production of “non-standard or custom” items has begun, cancellation of order is subject to Toledo Furniture, Inc. approval. A 15% surcharge will be assessed to approved cancelled items.
Toledo Furniture, Inc. will endeavor to ship by the scheduled delivery date, but reserves the right to ship within a reasonable period thereafter. Under no circumstances shall Toledo Furniture, Inc. be liable for damages of any kind, including but not limited to incidental or consequential damages for lost profits or lost sales or liquidated damages, directly or indirectly arising from delays or failure to meet shipping dates.
PARTIAL SHIPMENTS: Toledo Furniture Inc. reserves the right to make partial shipments unless otherwise expressly stated herein. All such installments shall be separately invoiced and paid for when due, without regard to subsequent deliveries. Delay in delivery of all shipments shall not relieve Buyer of its obligations to accept remaining deliveries.
All material is carefully examined, counted and packed by experienced employees. Claims for corrections must be made within 10 days of receipt of goods to Toledo Furniture Inc. offices in Stroudsburg, PA. Our responsibility ceases when goods are delivered to carrier in good condition and its receipt obtained. Carriers are responsible for goods lost,
damaged or delayed in transit. For your own protection, have transportation company’s agent verify damages, shortages or delays and note them on freight bill over his signature.
FREIGHT CLAIMS: Claims for shortages must be made in writing to the Toledo Furniture Inc. Corporate Office within 10 days from receipt of shipment. Claims for damaged or
lost material must be filed by the buyer with the carrier.
Caution: When you give delivering carrier a clear receipt for a shipment in which there is damaged merchandise or a shortage, the carrier is relieved of further responsibility. Claims for damage or shortage must be filed by you with the delivering carrier. Toledo Furniture Inc. will not accept return of merchandise damaged in transit. Your claim is with the delivering carrier.
WEIGHTS: All weights are approximate shipping weights and subject to change without notice.
Toledo Furniture Inc. maintains a continual policy of product improvement and, therefore, reserves the right to change product specifications, designs, and standard equipment without notice and without incurring obligation.
We warrant all products to be free from defects in materials and workmanship, for a period of 15 years on metal and 2 year on workstation tops, under normal conditions of use and service. Our obligation under this warranty is limited to repairing or replacing at our option at our factory any product which shall within the specified time noted above after
delivery to original buyer be returned with transportation charges prepaid, and which our examination shall show to our satisfaction to have been defective.
THIS WARRANTY IS MADE EXPRESSLY IN LIEU OF ANY OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THE BUYER’S SOLE AND EXCLUSIVE REMEDY SHALL BE FOR THE REPAIR OR REPLACEMENT OF DEFECTIVE PRODUCTS AS PROVIDED HEREIN. THE BUYER AGREES THAT NO OTHER REMEDY (INCLUDING, BUT NOT LIMITED TO, INCIDENTAL OR CONSEQUENTIAL DAMAGES FOR LOST PROFITS, LOST SALES, INJURY TO PERSON OR PROPERTY OR ANY OTHER INCIDENTAL OR CONSEQUENTIAL LOSS) SHALL BE AVAILABLE TO HIM.
*Toledo Furniture, Inc. neither assumes nor authorizes any person to assume for it any other liability in connection with the sale of such products.
This warranty shall not apply to any product which has been subject to misuse, negligence or accident, which has been repaired or altered in any manner outside of Toledo Furniture, Inc. factory or which has been used in a manner contrary to Toledo Furniture, Inc. instructions or recommendations. Toledo Furniture, Inc. shall not be responsible for design errors due to inaccurate or incomplete information supplied by Buyer or its representatives. Items purchased by Toledo Furniture, Inc. and resold will have the original equipment manufacturer’s warranty.