"We" or "Our" (including its various grammatical forms including the possessive) refers to TOTAL FURNITURE. "You" or "Yours" refers to the person agreeing to purchase property (hereinafter referred to as the "Property") from TOTAL FURNITURE, or in the event of a minor or other legally incompetent person, the person having legal responsibility for such person. By purchasing property from TOTAL FURNITURE, or accepting any benefits arising there from, you consent to our terms and conditions and you become a party to this agreement (hereinafter the "Agreement"). The agreement governs and controls your purchase of property from TOTAL FURNITURE , including, but not limited to all orders layaways and purchases you may make. Placing an order signifies acceptance of our Terms and Conditions in full.
1. Layaways and Special Orders.
If a layaway payment or special order option is selected, full payment must be made with in 10 days following the due date of 90 to 120 days of the initial order. (Layaways: 90 days) (Special Orders: 2 weeks to 16 weeks) If full payment is not received by TOTAL FURNITURE at the close of business as specified above, then you will be in material breach of the Agreement and 1: The transaction relating to the Property will be closed as this Agreement terminates; 2: The property item(s) will be returned to TOTAL FURNITURE'S stock; 3:You, the customer forfeits any and all down payments made towards the layaway purchase related to the Property. Your acceptance of this Agreement is a binding contract. Your signature serves as your acceptance of these terms. The terms stated herein are the only accepted terms of this contract. All Defective payments made by you are subject to all charges, attorney fees and court costs allowed by the statue. Payment in US Dollars only.
2. Delivery Times.
Please remember that in some instances, the Property must be shipped to out warehouse before we can release the furniture for delivery. Delivery dates are estimated in good faith, but are not guaranteed. An estimate of 5 to 16 weeks for delivery time means that delivery could be less than 5 weeks or that it could be more than 12 weeks depending on availability, production schedules, U.S. Customs, homeland security and weather, but usually within that range.
3. Shipping and Handling Taxes.
The property prices quoted normally do not include shipping and handling taxes. ESTIMATED shipping cost are provided to you in good faith, but may vary. Shipping is by an independent contract carrier. They will contact you prior to delivery, so as to establish an approximate time window for you to receive your delivery. If no one is home to receive your delivery, a repeat delivery charge will be incurred. Remote or inaccessible delivery areas may be subject to surcharge or you may be required to take delivery at a location acceptable by our contractors. Sales Tax will be charged on all items. You are responsible for any loss or damage to the property not due to a finding of international conduct or a finding of gross negligence on behalf of the shipper or TOTAL FURNITURE during delivery.
4. Delivery and Damage.
All orders should be inspected upon arrival. If, at the time of the delivery you notice and damage, defect, or deficiency, you Must describe this in writing and submit to the driver IMMEDIATELY. (NOTE: It is Your resposibility to note andy damage or defects with the Property at the time of the delivery.) IF you cannot be there to take delivery, please arrange to have a responsible person present so that the carrier may rely upon his or her signature as authorized to inspect and accept delivery. If the delivery personnel can correct the problem, it will be taken care of immediately. If not the shipper will return to TOTAL FURNITURE. At our discretion, the item(s) will be repaired, and then redelivered to you. You will not be charges for this redelivery unless the merchandise was of normal production quality. Because redelivery is expensive, please return only the item that is unacceptable. We will not be responsible for costs or returns arising from insufficient space or clearance for goods to be delivered. Please measure all elevators, hallways and doors to be sure that this will not cause a problem. Allow adequate room for maneuvering bulky pieces. Delivery personnel will not hang wall mirrors and will not assemable Ready to Assemble furniture. Delivery personnel will normally unpack curio cabinets or grandfather clocks, but will not be required to assemble glass shelving, clock chimes or pendulums. Since safety and environmental regulations prevent the carrier from transporting the used package materials, delivery personnel will not be responsible for taking back cartons or crates.
5. Warranties. (a) Manufacturer's Warranty.
We do not provide any warranty. Your sole warranty, if any is the warranty provided by the manufacturer, which is generally limited to defects, materials and workmanship.
6. Disclaimers.
TOTAL FURNITURE MAKES NO WARRANTIES OF THE PROPERTY BUT ASSIGNS TO THE PURCHASER MANUFACTURERS WARRANTIES. IF ANY TO THE EXTENT PERMISSIBLE BY LAW TOTAL FURNITURE DISCLAIMS ALL WARRANTIES EXPRESS AND IMPLIED INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OR MERCHANTABILITY AND IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE. WE FURTHER DISCLAIM ALL OTHER DAMAGES INCLUDING CONSEQUENTIAL, INDIRECT, AND EXEMPLARY OR PUNITIVE DAMAGES ARISING OUT OF YOUR PURCHASE OF THE PROPERTY FROM US CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITIATION MAY NOT APPLY TO YOU AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
7. Cancellations: Return Policy.
(a) As soon as you place your order, we begin the procurement process from your chosen furniture manufacturer. Once the order is placed, TOTAL FURNITURE, and it's respective customers each become financially obligated to purchase the products ordered. Therefore, TOTAL FURNITURE, is not able to accept cancellations in whote or in part. If a cancellation of thirty percent (30%) of the order, whichever is less. HOWEVER, orders placed and canceled on same day can be voided with no cancellation fee charged.
8. Applicable Law.
Texas law shall govern any disputes, unless superseded by the laws of the United States, without giving effect to any principles of conflict of laws, and shall be subject to the jurisdiction of Texas Courts. Venue shall be in Harris County, Houston, Texas.
9. Waiver and Incorporation.
This agreement constitutes the entire agreement and may only be waived or changed by a writing signed by the party adversely affected, if any portion is deemed unenforceable under prevailing law, then that portion may be removed without affecting the remainder of our terms and conditions. Our employees and representatives are not authorized to waive or modify our terms and conditions by any measn, express or implied.
