Dear Customer,
This document contains very important information regarding your rights and obligations, as well as conditions limitations, and exclusions that might apply to you. Please read it carefully. These terms require the use of arbitration to resolve disputes, rather than jury trials.
By placing an order for Roche Bobois products or services from this website, you affirm that you are of legal age to enter into this agreement, and you accept and are bound by these terms and conditions. You affirm that if you place an order on behalf of an organization or company, you have the legal authority to bind any such organization or company to these terms.
You may not order or obtain products or services from this website if you (I) do not agree to these terms (II) are not the older of (A) at least 18 years of age or (B) legal age to form a binding contract with roche bobois , or (III) are prohibited from accessing or using this website or any of this website's contents, products or services by applicable law.
Design professionals must have an account in order to receive information, sampling, place orders or purchase products at whole-sale price. All new accounts are required to complete an account application and submit a signed, current resale certificate. All accounts which do not submit this information will be charged the list price and all taxes required by law. Forms can be found through our representatives, customer service and on our website. Once an account form and resale certificate has been received and processed, correspondence indicating your account terms and identification number will be sent via mail or email. this process takes approximately 48 hours.
1. DELIVERY
• ESTIMATED DELIVERY PERIODS: Estimated delivery periods commence on the date we receive the full amount of the deposit required for the merchandise you have ordered or the date we receive fabric or leather supplied by any source other than the manufacturer of the furniture or your approval of dye lot or strike off whichever is later. UNLESS OTHERWISE NOTED, ALL COMPLETION OR DELIVERY DATES ARE QUOTED AS ESTIMATES; THE ESTIMATED COMPLETION DATE IS APPROXIMATE.
• DELIVERY CHARGES: An independent carrier makes all deliveries. Deliveries outside of our local area shipped F. O. B. our warehouse or store freight collect. You pay for hoisting or other extraordinary measures necessary to accomplish delivery.
• FURNITURE SIZE: You are responsible for determining that merchandising will fit through doorways, stairwells, corridors and elevators. If not, an additional charge may be incurred.
• POSTPONEMENT OF DELIVERY: We will be unable to postpone a scheduled delivery unless the request is made by 10:00 AM on the date before the scheduled delivery date. We will charge for redelivery if no one is available to accept delivery on the scheduled delivery date.
• MERCHANDISE HELD FOR DELIVERY: Delivery of all merchandise must be taken within 30 days of the date of sale or the date the merchandise arrives in our warehouse; whichever is late, storage charges will be imposed if you fail or refuse to accept delivery within this time period. Storage fees will be 1% of purchase price per month, with a minimum of $100.
• UNDELIVERED MERCHANDISE: Ninety (90) days or older is considered abandoned and is subject to the cancellation penalties of the sales contract. Roche-Bobois will retain Roche Bobois to abandoned merchandise and retain all the money paid.
• COMPLETED DELIVERY: After merchandise is delivered, inspected and signed for as received in good condition by you or your representative, it belongs to you. Roche-Bobois has no obligation to refund exchange or take back any merchandise after our contract is fulfilled.
• NON-CONFORMING: Any claim by the you for shortage or damage occurring prior to such delivery must be made in writing within one (1) day after receipt of shipment and accompanied by original transportation bill signed by the carrier noting that the carrier received the goods in the conditions claimed. Returns require our prior written authorization.
It is imperative to inspect all packages at the time of delivery in order to file and procure a freight settlement. Should a package be visibly damaged please follow these instructions:
• Take at least 3 photos of the damaged package,
• Do not accept or sign for the package and item, if damaged,
• Indicate on the BILL OF LADING: “Item damaged, not accepted”,
• Return package with item to the original driver.
If the item(s) is to be accepted without proper inspection:
• Please note on the BILL OF LADING: “Received but not inspected"; any concealed damages will be the responsibility of the carrier or us,
• Take at least 3 photos to document condition of package and item,
• Unpack, save all packaging and inspect item.
If the item(s) is damaged:
• Take at least 3 photos of the damaged item,
• File a claim immediately with the freight company and advise us of the claim,
• Submit photos to both the freight company and us,
• Save all photos, correspondence, damaged item and packaging.
Parcel delivery damage (USPS, UPS, FedEx, etc.):
• Must be noted to the driver at the time of delivery,
• Please contact parcel carrier and us immediately to report a damage claim.
2. PAYMENT
We must receive a payment equal to 100% of the net sale price before furniture will be ordered from the manufacturer.
3. ORDERS
An order of any our products or services is considered non-revocable and subject to acceptance by written or electronic acknowledgement. Prior to acceptance of a purchase order, we reserve the right to make changes in prices, design, construction, material and dimensions or discontinue the products availability. Customer placing any order after the posting of any such change shall constitute conclusive evidence of Customer acceptance of the current version of the product and terms and conditions of sale. Any request for a change in order must be in writing. All requests for change are subject to acceptance in writing by us While we will give reasonable consideration to any timely and reasonable request, we are not required to accept any such request. Any changes which are accepted may be subject to and conditioned upon additional charges for material, labor or administrative costs. Upon receipt of a change request, the order will be put on hold until we have either accepted or denied the request. If the request is accepted, you must confirm the new terms including price adjustments before we will proceed in accordance with your change order. If we reject the change order or if you fail to agree to the amended terms for the change order, we will proceed and complete the original order.
4. FURNITURE COVERINGS
Furniture and natural products such as leather, wood and stone does have moderate variations from showroom samples and previously constructed products of a similar type. While we make every effort to match finishes and dye-lots we cannot guarantee an exact match. Such variances do not constitute a defect. We do not guarantee the wearability, color fastness or shrinkage of fabrics, vinyls or leather products; nor do we guarantee protective fabric finishes because our suppliers do not guarantee them. Fabric and leather colors may vary somewhat due to dye lot differences and therefore, we do not assume responsibility for shade variations between samples swatches and final products. We do not guarantee our customers’ own materials or leather against wearability on our exclusive products.
5. WOOD
Color and grain variations are natural characteristics of fine furniture woods. We do not insure the matching of related pieces or of various surfaces of the same item.
6. CANCELLATION
A CANCELLATION FEE OF 50% OF THE SALE PRICE WILL BE IMPOSED IF ALL OR ANY PART OF AN ORDER IS CANCELLED. However, no cancellation charge will be processed if we were unable to deliver the merchandise ordered on or before the last date required and the order was cancelled in writing. We reserve the right to cancel any order at any time, by notifying you in writing and returning any deposit received from you on account without interest against the canceled order.
7. FLOOR SAMPLES
THIS MERCHANDISE IS SOLD “AS IS”. ALL SALES OF FLOOR SAMPLES ARE FINAL. NEITHER RETURN NOR REFUND WILL BE ACCEPTED. PLEASE INSPECT MERCHANDISE CAREFULLY BEFORE LEAVING THE SHOWROOM.
8. TAXES
You are solely responsible for the payment of all sales taxes, or any other taxes associated with an order. If you wish to have the sales tax exempted from an order as a purchase for resale the customer must provide a resale certificate or other appropriate written confirmation that the items are being purchased for resale. You are solely responsible for meeting all regulatory requirements to be exempt from any applicable state sales tax for any sale.
9. EXPORT
You represent and warrant that you are buying products or services for your own use only, and not for resale or export. You further represent and warrant that all purchases are intended for final delivery to locations within the US.
10. ERRORS
Errors in pricing and arithmetic are subject to correction.
11. FORCE MAJEURE
No party shall be liable or responsible to the other party, or be deemed to have defaulted under or breached this Agreement, for any failure or delay in fulfilling or performing any term of this Agreement (except for any of your obligations to make payments to us hereunder), when and to the extent such failure or delay is caused by or results from acts beyond the impacted party's ("Impacted Party") control, including, without limitation, the following force majeure events ("Force Majeure Event(s)"): (a) acts of God; (b) flood, fire, earthquake, epidemics, pandemics or explosion; (c) war, invasion, hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest; (d) government order, law, or actions; (e) embargoes or blockades in effect on or after the date of this Agreement; (f) national or regional emergency; (g) strikes, labor stoppages or slowdowns, or other industrial disturbances; (h) telecommunication breakdowns, power outages or shortages, lack of warehouse or storage space, inadequate transportation services, or inability or delay in obtaining supplies of adequate or suitable materials; and [(i) other similar events beyond the control of the Impacted Party.
12. TITLE
We retain title to merchandise until it has been delivered and fully paid. All drawings remain our copyrighted property.
13. LAW AND ARBITRATION
The laws of the State of New York shall apply to these Terms and Conditions.
YOU AND ROCHE BOBOIS ARE AGREEING TO GIVE UP ANY RIGHTS TO LITIGATE CLAIMS IN A COURT OR BEFORE A JURY. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT MAY ALSO BE UNAVAILABLE OR MAY BE LIMITED IN ARBITRATION. ANY CLAIM, DISPUTE OR CONTROVERSY (WHETHER IN CONTRACT, TORT OR OTHERWISE, WHETHER PRE-EXISTING, PRESENT OR FUTURE, AND INCLUDING STATUTORY, CONSUMER PROTECTION, COMMON LAW, INTENTIONAL TORT, INJUNCTIVE AND EQUITABLE CLAIMS) BETWEEN YOU AND US ARISING FROM OR RELATING IN ANY WAY TO YOUR PURCHASE OF PRODUCTS OR SERVICES, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION.
The arbitration will be administered by the American Arbitration Association ("AAA") under its Commercial Arbitration Rules and Mediation Procedures . Venue will be in New York, NY at the offices of the AAA. The arbitrator will have exclusive authority to resolve any dispute relating to arbitrability and/or enforceability of this arbitration provision, including any unconscionability challenge or any other challenge that the arbitration provision or the agreement is void, voidable or otherwise invalid. The arbitrator will be empowered to grant whatever relief would be available in court under law or in equity. Any award of the arbitrator(s) will be final and binding on each of the parties and may be entered as a judgment in any court of competent jurisdiction. The arbitrator shall award reasonable attorney’s fees to the prevailing party and the costs of arbitration.
If any provision of this arbitration agreement is found unenforceable, the unenforceable provision will be severed, and the remaining arbitration terms will be enforced.
WE MAKE NO WARRANTY OF MERCHANTABILITY. OTHER THAN THE WARRANTY SET FORTH AT https://www.roche-bobois.com/files/guarantees/garanties_en.pdf, THERE ARE NO WARRANTIES THAT EXTEND BEYOND THESE TERMS AND CONDITIONS OF SALE AND THE DESCRIPTIONS CONTAINED IN THIS ORDER.
The foregoing terms and conditions represent the entire agreement and understanding relating to the subject matters of this agreement and supersede and cancel any prior agreement(s) relating thereto. Signing this order voids any verbal representations. For purposes of this contract facsimile (faxed) signatures are considered original signatures.
In case of breach of this Sales agreement by buyer, seller may in addition to any other remedies provided by law recover any balance due as per this sales contract in addition to reasonable attorney’s fees and the lesser of interest of eighteen (18%) or the maximum allowed by law from the date the balance was due.
No salesperson is authorized to modify.