ORDERS: Orders for any items, merchandise, or service will not be placed unless and until buyer for customer returns a signed estimate or issues a binding purchase order together with the required deposit and a signed Terms & Conditions of sale document. All orders are subject to availability of item in stock.
PAYMENT: Buyer agrees to pay Capital Office Furniture, Inc. (Seller) in full for any portion of the merchandise Buyer has received. Payment cannot be withheld until the contract is complete. Upon delivery of any portion of the merchandise or service performed, Seller will invoice Buyer for that amount of the purchase price relating to the delivered portion of the merchandise or service performed. Buyer agrees to pay each invoice according to the terms noted above. Invoices past due over 30 days will accrue interest at 1 ½% per month (18% annum). In the event that Seller retains an attorney to collect any past due balances, Buyer agrees to pay reasonable attorneys fees, plus court costs and disbursement to the extent permitted by law.
RETURNS: Merchandise may not be returned for refund, credit or replacement except on approval of an officer of Seller.
CANCELLATIONS: If a contract for merchandise/product is cancelled after manufacturer’s acknowledgement, the Buyer will pay any charges levied by the manufacturer and any administrative and/or design costs incurred by Seller. All labor/service only orders must be cancelled 24 hours prior to scheduled labor/service call or subject to a 4 hour per man minimum charge for crew dispatched.
WARRANTIES: The manufacturer extends all product warranties. No other warranties expressed or implied are applicable.
DELIVERY & INSTALL: Delivery and installation, when included in the purchase price, is based on normal business hours Monday-Friday 8:00am-5:00pm. Buyer will pay additional labor costs resulting from overtime work performed at the Buyer’s request. The Buyer is responsible for providing a clean, debris free space with electricity, air, elevator service, adequate facilities for off-loading, staging and movement of merchandise; insurance and permits required at the site; and disposal containers. Providing a licensed electrician, as required by national and local codes to connect furniture system to building power, is the responsibility of the Buyer. If the space is under construction or other trades are working in the same space during the furniture installation, Buyer will immediately inspect the furniture for defects upon arrival. If Buyer is not available to inspect furniture then Buyer accepts that all furniture was delivered in satisfactory condition and accepts all responsibility for any damages found later. Additional charges may be incurred if installation is required to take place while site it still under construction.
LOSS & DAMAGES: After delivery of merchandise by Seller and acceptance by Buyer, all risk of loss or damage shall pass to Buyer, including, but not limited to any loss or damage by weather, other trades such as painting or plastering, electrical or telephone installation, dire or other elements and Buyer agrees to hold Seller harmless from loss for such reasons.
GENERAL LIABILITY: No liability shall accrue against Seller, as a result of any breach of these terms and conditions resulting from any strike, lockout, work stoppage, accident, act beyond reasonable control, manufacturer unpredictability or other cause beyond Seller control.
TITLE & OWNERSHIP: The Seller retains title and ownership of all merchandise until fully paid. Buyer shall be in default in payment or performance of any obligation contained or referred to herein. Seller may declare all indebtedness secured herby immediately due and payable and have all rights and remedies of a Second Party under the Uniform Commercial Code of Florida, including, but in no way limited to the right to enter without legal process any premises where said merchandise is located and take possession thereof and remove same there from without breaching the peace. This agreement shall be governed by and construed in accordance with laws of the State of Florida.
AGREEMENT: This agreement contains all of the terms; provisions, conditions and warranties of the purchase, and no extension, modification or amendment hereof shall be valid unless it is in writing signed by an officer of the Seller.