TERMS AND CONDITIONS OF SALE AND DELIVERY

SCHWUNG HOME USA: TERMS AND CONDITIONS OF SALE AND DELIVERY

 

ACCEPTANCE OF TERMS AND CONDITIONS: These Terms and Conditions of Sale and Delivery (“Agreement”) govern all sales and deliveries by Schwung Home USA (“Schwung Home USA” or “we”) to the customer (“Buyer” or “you”). All other terms and conditions, including, without limitation, those terms and conditions contained in any purchase order(s) which are different from, in addition to, conflict with, or that vary the terms hereof are hereby rejected and shall not be binding on Schwung Home USA unless specifically accepted in writing.

 

PROFESSIONALS ONLY: We sell only to the professional and commercial customer. By submitting an order you are warranting that you meet these requirements and have the necessary, valid tax and business licenses and/or certificates, that you are knowingly making tax-exempt purchases for resale or other use that allows you to not pay sales tax legally, and in no way binds Schwung Home USA to any potential tax or legal liability associated with your non-payment of sales and use tax in the transactions associated with the purchase and sale of our products to you, and that you agree to be bound by this Agreement. We reserve the right to cancel orders or terminate relationships at our sole discretion.

 

PAYMENTS AND DEPOSITS:

 

Manufactured Product:

We require a 50% deposit using a valid Visa, MasterCard or American Express credit card on all first-time orders. Please contact our office for opening order minimums. Upholstery deposits are non-transferable and non-refundable. There are no minimum requirements for subsequent orders. The balance, plus shipping costs, will be due prior to shipment.  NSF of $25.00 is required on all returned checks.

 

  • IF YOU CANCEL YOUR ORDER A 25% CANCELLATION FEE IS REQUIRED – this is because our products are handmade to order. However, in the spirit of customer service and the building of relationships, we will listen and treat each situation individually, prior to making our decision.

 

NO REFUNDS OR CANCELLATION ON CUSTOM ORDERS AFTER DEPOSIT IS PAID: This applies to items that have been customized using customer supplied fabrics or other materials and to orders with specific dimensions and/or specific color choice. In these instances the DEPOSIT IS FORFEITED, as the incorporation of these materials renders the item non-saleable as a Schwung Home product to any other buyer.

 

Antiques, One of a Kind, Vintage Items and Non-Inventory Product:

All sales are final no refunds or returns.  All orders must be paid in full including all fees before shipping.  Due to age, beauty, rarity, and condition these items are sold as is.  Items may have character marks and/or odors due to the age.  We will make every endeavour to point out if there is any serious damage, restorations etc. with purchased items from photographs on website or emails. We cannot cover every eventuality so if you have any questions please contact sales@schwunghome.com before purchase.  In-house purchased items the customer takes full responsiblity of inspecting before sale is finalized and shipped.

 

SHIPPING: When you place an order, we will give you an estimated completion date. When your order is nearing completion, we will notify you when we will ship. All shipping charges are F.O.B. (Free on Board) High Point, North Carolina; risk of loss and damage shall pass to Buyer when products are delivered to carrier. Shipping charges may be added to your invoice prior to shipping. We encourage you to count all packages and sign only for the exact number of packages received, and inspect all items for damage prior to signing. Signature of receipt by your agent or employee constitutes full acceptance of all packages stated on the bill of lading or electronic clipboard in undamaged condition.  Claims for damages will not be accepted under any circumstances unless noted on the shippers bill of lading or electronic clipboard.  All damages and issues must be reported within 7 days of the delivery date.  It is the responsiblity of the receiving warehouse, interior designer, or end user to be present at the time of delivery to inspect the items prior to releasing the driver. You are responsible for all shipping and return charges for any shipment that is refused. We shall not be liable for delay in shipment for any cause, nor shall any delay entitle you to cancel any order after it has shipped or refuse delivery. You agree that the shipping address provided to Schwung Home USA in writing is a valid shipping address for your business or delivery. We will not “drop ship” to your customer(s). Delivery may occur in multiple lots depending upon availability of the products constituting an order. Items, which you prefer we ship together, must be noted in writing at the time you place your order. Any item not ready by the estimated completion date will automatically be backordered; if you do not want merchandise that is backordered you must cancel it no less than 60 days prior to shipment. Blind shipping must be requested up front and should be stated clearly on the PO.

 

Antiques, One of a Kind, Vintage Items and Non-Inventory Product are not crated and will be shipped using blanket wrap (white-glove) services. 

 

GUARANTY/RETURNS:

We ship items that conform to the examples we display at wholesale trade shows, on our website, and in our showroom. We do not ship substitutions without your consent; however, you understand that it is the inherent nature of reclaimed products, older materials and certain furnishings to appear weathered, and to contain variations and imperfections, including with respect to size, color, paint formulation, hue and patina, and that natural variations occur in the color of upholstered products. Our products are guaranteed for six (6) months from date of delivery against defects in material and workmanship that materially impair the use of the products. You agree (a) to fully examine goods upon delivery, (b) not to deduct any claim for damage or for defective goods from any invoice, (c) to save all packaging materials with respect to damaged or defective goods, and (d) to contact us and provide a photograph showing the damage or defect immediately upon discovery. We will, at our option, repair or replace the item, or provide you a refund or credit. This is our only warranty or guaranty. Claims for damage to products that do not arise from defects in material or workmanship are the responsibility of the carrier. It is within our sole discretion as to whether to accept returns of merchandise; items returned without our prior authorization will be refused.

 

Returned items must be in their original condition and packaging, and you shall prepay and be liable for all charges in connection with the shipping of returned goods, including insurance. A 25% restocking fee will be assessed upon all return of merchandise that is not defective. Our guaranty does not cover: (a) normal wear and tear, (b) defects occurring naturally in reclaimed products or older materials, (c) variations in the size, color, paint formulation, hue, or patina of products, (d) defects or damage occurring due to, or following product modification, (e) damage caused by misuse, abuse, or negligent treatment of merchandise, and (f) fabric or materials supplied by you. Our guaranty is void if repairs or modifications have been attempted MERCHANTABILITY OR OF FITNESS FOR A PARTICULAR PURPOSE OR ANY OTHER WARRANTY BY SCHWUNG HOME USA, EITHER EXPRESSED OR IMPLIED, OR ANY AFFIRMATION OF FACT OR REPRESENTATION WHICH EXTENDS BEYOND THE DESCRIPTION ON THE FACE HEREOF AND ANY SUCH WARRANTIES ARE HEREBY EXPRESSLY DISCLAIMED.

 

Claims:

  • All claims and issues must be submitted in writing on Schwung Home claim form requested as needed by emailing sales@schwnghome.com.
  • Photos are required of all damages to product and packaging, discrepancies and missing items.
  • Send all details to sales@schwunghome.com for review.  We will determine solutions and respond within a timely manner (24 to 48 hours).

 

INTELLECTUAL PROPERTY RIGHTS: All information concerning Schwung Home USA’s products, including photos, sales materials or product design is subject to trademark, service mark, trade dress, copyright and other intellectual property rights held by Schwung Home USA. You may not copy, reproduce, modify, publish, distribute, transmit, transfer, reprint, post on the Internet or create derivative works from such information. Furthermore, you will be responsible for any legal fees associated with disputes arising from copyright infringements, which are not associated with a direct retail sale.

 

WAIVER: Waiver by Schwung Home USA of a breach by Buyer of any provision of this Agreement shall not be deemed a waiver of future compliance with any of the provisions of this Agreement.

 

CONTROLLING LAW/JURISDICTION: The laws of the State of North Carolina shall govern the validity and interpretation of this Agreement. You hereby submit to the jurisdiction of any state or federal court located in Guilford County, North Carolina, for the purpose of any suit, action or other proceeding arising out of any of your obligations under this Agreement. Any and all costs and fees, including attorneys’ fees, shall be reimbursed to the prevailing party by the other party upon demand by the prevailing party.

 

MISCELLANEOUS: Should any provision of this Agreement be determined to be illegal, invalid or unenforceable, the remaining provisions shall not be affected by this illegal, invalid or unenforceable provision and the parties shall undertake to renegotiate, modify, amend or delete the said illegal, invalid or unenforceable provision in order to give the fullest effect to the terms of this Agreement in accordance with the governing laws. Schwung Homes USA makes every effort to ensure the accuracy of pricing and product information, but in the event of an inaccuracy, Schwung Home USA shall have the right to cancel any orders placed for products listed at an incorrect price or containing other incorrect information. All prices and items are subject to change without notice. Availability of all items ordered is not guaranteed. Measurements and photos are approximations only.

 

MODIFICATION: This Agreement constitutes the entire agreement of the parties with respect to the terms and conditions of sale and delivery. No modification of this Agreement shall be binding upon the parties unless in writing and signed by an authorized agent of Schwung Home USA and of Buyer. This Agreement shall be deemed to be an offer by Schwung Home USA in accordance with the terms and conditions hereof.

 

REGISTERING ON OUR WEBSITE HEREBY SHOWS YOU AGREE AND ACCEPT ALL TERMS AND CONDITIONS STATED ABOVE.  THANK YOU FROM THE SCHWUNG HOME TEAM.