Terms & Conditions Furniture Reupholstery By The Kantha Collection
ABANDONMENT & COLLECTIONS
Merchandise not paid for within 30 days of invoice will be considered abandoned. In addition to any other remedy, Kantha Collection shall be entitled to liquidate the merchandise, retain all deposits and apply such proceeds to the unpaid invoiced balances. The purchaser is liable for any collection, legal fees and expenses incurred in the collection of unpaid invoices and any storage or related fees.
The terms and conditions set forth herein represent an offer by Kantha Collection to sell Kantha fabric and Reupholstery services to the purchaser. The purchaser’s acceptance of a Design Consultation and or Reupholstery services by the Kantha Collection acknowledgment or invoice is an acceptance of the terms and conditions herein. Design Consultations are non-refundable and are deducted from the total reupholstery order total due. In the event that the terms and conditions of an order are contrary to the terms and conditions indicated herein, these terms and conditions shall supersede any inconsistent or contrary terms and conditions indicated on the actual order or any other document supplied by the purchaser. A waiver of any one term or condition shall not be deemed a waiver of any other term or condition.
All claims for workmanship defects and errors must be made within (2) days, after receipt of the merchandise to firstname.lastname@example.org Any repairs or claims must be documented in writing accompanied by photographs and sent to Kantha Collection Claims Department. Payments will not be made for any unauthorized repairs. Failure to make a claim within two (2) days after receipt of the merchandise constitutes acceptance of the merchandise and a waiver of claims.
Kantha Collection is not responsible for any freight related claims but will assist the purchaser, if possible. All merchandise is inspected before shipping and acknowledged in a signed document by the freight company that the items have been picked up in good condition. Third party shippers have sole responsibility for any damage, loss or shortages incurred during transit. Purchasers or their receiving warehouses must inspect the items upon arrival and make claims for any damage, loss or shortages directly to the carrier. The purchaser or their receiving warehouse should retain all packing materials of damaged items until the claim is resolved.
No merchandise can be returned to The Kantha Collection without its written consent. Unauthorized returns will be reshipped to the location of origin freight collect. Claims resulting in lawsuits must be filed with the court of competent jurisdiction in the State of California.
Custom quotes must be reviewed by The Kantha Collection for suitability before it is accepted into production. The Kantha Collection reserves the right to reject custom requests. The Kantha Collection also reserves the right to make changes which relate to product structural integrity without notice.
CUSTOMER’S OWN MATERIALS (COM)
Production will not begin on any item requiring any type of fabric, trim or cords supplied by the purchaser until ALL the materials for the item ordered have arrived, been identified and inspected. The Kantha Collection assumes all COM received have been inspected and are ready for use. The purchaser is responsible for ensuring that all materials are identifiable when received. The purchaser takes responsibility for the wear-ability, safety, or fire code validity of the materials supplied by the purchaser. The Kantha Collection takes no responsibility for the selection of materials chosen by the customer. The Kantha Collection warranties does not extend to customer materials supplied by the purchaser. All fabric defect related claims are the sole responsibility of the Customer and fabric vendor.
Delivery dates and lead times are estimates only, based on production schedules at the time of the order, and are subject to change. Production cannot begin and lead times cannot be calculated until the acceptance of the order by The Kantha Collection which includes: receipt of the required deposit; receipt of all COM; and confirmation of any changes, modifications or approvals to the original order. The Kantha Collection shall not be held responsible for any delays in Reupholstery services, or any costs related to late deliveries.
IN HOME DELIVERY
The Kantha Collection will place the furniture into the customer’s home. They will not remove doors or move other furnishings in the home. Be sure the furniture ordered will fit into the delivery location. If the delivery is deemed difficult, the customer may be asked to sign a damage waiver for the items being delivered.
The customer should inspect the goods immediately upon arrival, and if there is damage or a defect noticed, the delivery should be refused as there is no recourse against the In Home Delivery service once the items are accepted.
LIMITATION OF LIABILITY
The Kantha Collection liability for any claim of any kind, including loss or damage resulting from or in connection with the manufacture, sales, delivery, resale, repair or use of any item covered by or supplied under these terms and conditions of sale shall in no case exceed the price of the item which gives rise to the claim. In the case of a dispute, all matters shall be resolved under the laws of the state of California. Any action for breach of this Agreement must be made within one year after the sale.
Written orders received from the purchaser with all the correct information will be acknowledged by The Kantha Collection in writing within 48 hours. The Kantha Collection reserves the right to reject any order, refund any deposit and return any COM freight collect. It is the responsibility of the purchaser to advise The Kantha Collection in writing of any errors or discrepancies in the sales order acknowledgment within five (5) days of the receipt of the acknowledgment by The Kantha Collection. Changes to an order are subject to additional charges for materials, labor and other related costs and the order will be held until written confirmation from the purchaser is received. All furniture is subject to minor changes in details from the specifications noted as it applies to hardware, finishes and other minor upholstery details.
The Kantha Collection requires a deposit of 50% of the total price for all orders. Orders received without a deposit will be held pending the receipt of the deposit payment. All payments must be received from the purchaser as identified In the purchase order. No third party payments will be accepted, unless approved in writing by The Kantha Collection. Acceptance of third party payments is an accommodation and does not create any relationship between the Kantha Collection and the third party.
A service fee of 1.5% per month will be applied to orders that remain unpaid after (30) days of being invoiced. Canceled orders are subject to a cancellation fee. Acknowledged orders canceled prior to entering production are subject to a fee in the amount of 50% of the total purchase price. Orders canceled thereafter will be subject to a larger cancellation fee determined at the sole discretion of The Kantha Collection. The purchaser agrees that the cancellation fees compensate The Kantha Collection for the reasonable estimate of losses on the canceled order. Any order not paid within 10 days of notification of completion is subject to a $15 per day per item, storage fee.
The Kantha Collection reserves the right to make minor changes in furniture design, dimensions, and other materials without prior notice. Kantha Collection products are handcrafted and can have minor variations. All dimensions can have slight variations. and exact matching is not guaranteed.
The Kantha Collection upholstered products are sold with a limited warranty against defects in materials and workmanship for a period of one year from the delivery date. The Kantha Collection reserves the right to repair or replace defective merchandise, at its sole discretion. This limited warranty does not extend to other materials supplied by the purchaser or damage caused by shipping, accident, abuse, misuse, cleaning, or normal wear and tear. All other warranties express or implied are excluded.