Designer Terms

 

TERMS AND CONDITIONS:

By placing any order to ALT FOR LIVING, ALT BOX UES, ALT LA, Shop ALT Online (“ALT”), customer agrees to the terms and conditions, which replace in their entirety any and all of the pre-printed purchase order terms and conditions appearing on customer’s purchase order forms.  Making a payment to ALT is evidence of such assent.

Purchaser acknowledges that any and all of the patterns, drawings, designs, specifications, copyrights, trademarks and other intellectual property rights used or embodied in or in connection with the merchandise (“Intellectual Property”) are and shall, at all times, remain the sole property of Seller.  Purchaser acknowledges that it shall not utilize the Intellectual Property except as contemplated in this Agreement.

 

TERMS OF SALE:

All orders are considered firm and final sale.  ALT will not entertain any request to accept cancellation of any custom or special order.  Should ALT or “Seller” accept a cancellation of an order (which acceptance may be withheld for any reason), ALT shall have the right to retain in full the deposit paid by purchaser for such order.  In the event a cancellation is approved, a store credit will be issued.

 

PAYMENT:

ALT FOR LIVING gladly accepts checks, wire transfers, ACH payment and credit cards.  Please note convenience fees may apply.

All sales require an initial payment of at least fifty (50%) percent, with the balance (including delivery, insurance and other related charges as well as sales or other taxes) to be paid before delivery, unless other arrangements have been agreed to, in writing, by Seller.  All deposits are non-refundable.  

Unless specifically stated to the contrary, all delivery, packing, crating, shipping, in-transit insurance, local delivery, uncrating and installation charges, as well as sales or other taxes are in addition to the stated purchase price.

Prices quoted herein are applicable solely to this order.  Prices are subject to change without notice.

If payment is not made in full within thirty (30) days of invoice, Purchaser shall be charged the cost of transfer and storage.  Purchaser bears the risk of loss or damage during such transfer and storage.

Seller shall have the right to charge the Purchaser interest computed at the rate of two percent (2%) per month, or if lower at the highest rate permitted by law, if the balance due is not paid in accordance with the terms of Seller’s invoice.  Purchaser will be liable for all reasonable costs, expenses and fees, including reasonable attorney’s fees, incurred by Seller in collecting monies due or to become due hereunder.

Any action by Purchaser arising out of or relating to this Agreement must be commenced by Purchaser within one (1) year after the cause of action has accrued.

All monies paid on account of this order shall be credited to the account of the named Purchaser.  Seller’s acceptance of payment from anyone other than Purchaser shall be as an Accommodation only and shall not create a vendor-vendee relationship express or implied with a payee other than the Purchaser.

Customer authorizes ALT to charge all balances and fees due to the credit card used at the time of purchase.

 

NATURAL PRODUCTS/HANDMADE PRODUCTS:

With handmade products, variations in color quality and size are inherent to the product and are not considered manufacturing flaws but contribute to the unique quality of the handmade product.  Industry standards dictate a variance of +/- 4-6% unless otherwise noted.

Our merchandise is not guaranteed against fading or shrinkage through cleaning, steaming and exposure to the sun or effects or wear.  ALT FOR LIVING is not responsible for precise color matching due to possible spinning, yarn, weaving or dye lot variations.  It is the buyer’s responsibility to request cuttings of current stock for approval (if available) especially when ordering coordinating textiles. 

The consistency of the coloring between the samples shown and the final product delivered cannot be guaranteed and does not in any way put the provider at fault.  Colors can vary under different lighting and this should be considered when viewing the products. 

We are not responsible for the application or installation of ALT FOR LIVING merchandise when using a workroom other than one hired by ALT FOR LIVING.

It is possible that the products may undergo some dimensional modifications, depending upon climatic conditions and relative humidity.

 

SAMPLING:

Samples/CFA for production are recommended but not required.  Please note while ALT does its best to ensure the closest match possible, exact matching is not guaranteed.

 

FABRICS:

Irregularities in yarn, dye lots and content are possible, and not guaranteed or considered to be manufacturing defects. 

Fabrics have not been treated for stain and or fire retardancy.

Backing is recommended for upholstery use.

 

FURNITURE:

All items are made and assembled by hand and therefore measurements may vary slightly from those stated or specified.

Furniture items are finished individually by hand and therefore slight variations in color, tone and texture will occur.  No guarantee can be made of an exact match.

Due to the distinctive nature and variability of the natural material, any item with solid slab wood may have knots, filled knots, saps, crotches, pitting and/or other slightly rustic elements and no two pieces are exactly the same.

Any natural marbles and/or stones are considered unique and one of a kind.  Veining and coloring cannot be guaranteed or matched.

 

VINTAGE FURNITURE & FURNITURE SOLD OFF OF THE FLOOR:

All Items displayed on the website or on the floor are sold “AS IS”. Neither the Seller nor ALT for Living makes any guarantee, warranty or representation, expressed or implied, to any Buyer with respect to any Item, including without limitation, its condition, merchant-ability, fitness for a particular purpose, quality, rarity, importance, provenance, designer or creator, exhibitions, literature, historical relevance or otherwise. No statement anywhere, whether oral or written, shall be deemed any such guarantee, warranty or representation. ALT for Living makes no representation or warranty as to whether the Buyer acquires any reproduction rights or other intellectual property rights in any Item.

 

DELIVERY/DELAYS:

Quoted delivery dates are approximate dates only.  Seller shall not be responsible for any delay in delivery or failure in performance for any cause beyond Seller’s control (including, but not limited to, labor disputes, failure or delay of sources to supply, transportation difficulties, accidents, fires, acts of nature or acts of God) or any event which interferes with Seller’s normal business operations.

Seller is not responsible and Purchaser is not relieved of its obligations where on-site conditions or limitations prevent delivery.

Customer agrees to take delivery of or pick up all merchandise within 30 days of availability.  Items purchased from the showroom floor must be picked up within 7 days.

Orders held over 30 days will be charged a 2% monthly storage fee.

ALT highly recommends the delivery/install of goods within 30 days of receiving.  ALT cannot be held responsible for any crushing, wrinkling, fading and/or any other issues that may occur after the product is stored past 30 days. 

Orders in ALT’s possession in excess of 12 months will be cancelled without refund.

All fees for failed deliveries included “no fits” are non-refundable.

Seller is not responsible and Purchaser is not relieved of its obligations where on-site conditions or limitations prevent delivery.

All shipments are made F.O.B. point of origin.  Delivery arrangements are the responsibility of Purchaser and a copy of such arrangements should be forwarded to Seller.  If Seller arranges for delivery of the merchandise, the carrier shall be deemed the agent of Purchaser.  Seller shall not be responsible, in any event for any damage caused to the merchandise during shipment, or in storage.  Purchaser should report, in writing, such damage directly to the carrier.  All claims for freight overcharge or damage to goods while in transit must be settled with the carrier.

 

CLAIMS AND WARRANTIES:

All claims against ALT, including defects, shortages and errors, must be made within seven days after receipt of the merchandise.  Failure to make any claim within such period shall constitute acceptance of the merchandise and a waiver of said defects, shortages, errors or other claims.  No claim shall be made in any event if the merchandise has been cut hung or treated.  ALT’s liability shall not exceed the contract price and ALT shall in no event be liable for labor charges or any other consequential damages.

If claim is made within the approved time frame and is accepted by ALT, client must agree to the return/exchange terms offered by ALT.  Agreement to the terms must be made within 7 days from the date of offer.  If agreement is not accepted within 7 days the offer of return/exchange is null and void.

Seller’s merchandise will substantially conform to the description on the Seller’s Sales Order Agreement, except that such merchandise may vary slightly in finish, color match, weave, texture or pattern from description or sample; described sizes are approximate only.  Provided that Seller is notified in writing within seven (7) days of delivery of merchandise of any nonconformance or defect and Seller verifies same, then Seller will repair, or at its option, replace such nonconforming or defective merchandise or part thereof free of charge.  Seller is not responsible for damages relating to C.O.M. (customer’s own material), C.O.L. (customer’s own leather) or for damages resulting from shipping, accident, misuse, negligence, alterations, staining, ordinary wear and tear, natural fading, or discoloration, climate, humidity, prolonged exposure to sunlight or salt air or unusual conditions.  Seller does not warrant finishes against fading or oxidizing.  Wood, stone, iron and other metal finishes vary in tone, color, character and texture; variations are inherent in such products and finishes and are anticipated.

All other warranties, either express or implied are expressly excluded, including the warranties of merchantability and fitness for a particular purpose.

Any oral statements about Seller’s merchandise made by Seller’s employees or agents do not constitute warranties, shall not become a part of this Agreement and shall not be relied upon by Purchaser.            

Returns are not accepted on any material that is cut or otherwise treated.

Please allow thirty days from approval of a refund request for issuance of refund check.  Checks cannot be returned to anyone but the account billed.  Credits must be issued to the client’s account.

In no event shall Seller be liable for any consequential damages or shall Seller’s liability, for any reason, exceed the amount actually paid by Purchaser to Seller for the subject merchandise.

This agreement shall be governed by the laws of the State of New York, and cannot be changed, except by a further writing signed by the party against whom such change is sought to be enforced.  Purchaser consents to the exclusive jurisdiction of the federal and state courts located within the county of New York, State of New York in connection with any controversy or claim arising out of or relating to this Agreement.

This Agreement is not binding on Seller until accepted and approved by a representative of Seller.

If any part of the terms and conditions stated herein are held void or unenforceable, such part will be treated as severable, leaving valid the remainder of the terms and conditions.        

The acceptance of Purchaser’s order is subject to all of the terms and conditions hereof, which terms and conditions supersede Purchaser’s order form, if any, and constitute the complete and exclusive statement of the entire agreement between Purchaser and Seller. No course of prior dealings between the parties and no trade usage shall be relevant to supplement or explain any term herein.  This writing shall be binding as to the merchandise specified, either (a) when signed and returned by Purchaser; (b) when retained by Purchaser for five days (5) without objection; (c) when Purchaser submits an e-mail or other document accepting or referencing this writing or Seller’s Sales Order; (d) when Purchaser has accepted delivery of any part of the merchandise or has furnished to Seller specifications or assortments, delivery dates, shipping instructions or instructions to build and hold; or (e) when Purchaser has otherwise confirmed acceptance, expressly or impliedly.