Terms and Conditions
Balconista Furniture Terms and Conditions
Production will begin when a 50% deposit is received, and the required purchase order has been issued. Production will begin only when the entire 50% deposit is received. Orders must be paid in full including freight costs, shipping and handling prior to shipping. A service fee of 5% of the invoice will be imposed on any portion of the invoice that remains unpaid for thirty (30) days or more after receipt of goods. Customer will be liable for all costs incurred by Balconista LLC (hereinafter referred to as “Balconista Furniture”), including but not limited to attorneys’ fees in collecting monies due. Our custom quotes are honored for a period of thirty (30) days, after which the custom quote shall expire, unless otherwise negotiated.
PRICES AND TERMS
Quoted price of goods are net unless otherwise noted. Price of goods do not include shipping/freight charges, storage charges, sales or other taxes, local delivery, un-crating or installation. Standard lead time for production only is 8-12 weeks from Balconista Furniture’s receipt of deposit and all relevant client approvals. Shipping time is additional. Balconista Furniture makes no guarantee as to shipping times.
Balconista Furniture maintains proprietary interest in our patented designs. Unauthorized copying or reproductions of such designs will be prosecuted as provided by law. Balconista Furniture will customize most of its designs to accommodate existing balcony structure. Any customization will be quoted by Balconista Furniture at a competitive rate for Customer and as such is not eligible for refunds or returns.
TERMS AND CONDITIONS OF SALE
Before an order is put into production, the quote must be approved and a subsequent purchase order with 50% deposit received by Balconista Furniture. Each customer order is processed and produced as indicated on the order confirmation generated by Balconista Furniture. If there is any discrepancy, Customer must advise Balconista Furniture within ten (10) days from the date of order confirmation. Methods of payment accepted include corporate or cashier’s check. We also accept American Express, MasterCard, Visa and Discover and PayPal. A 3% processing fee will be added to all credit card and PayPal payments.
CANCELLATION OF ORDERS
Charge backs, deductions, changes, cancellations, returns or refunds require prior written consent by Balconista Furniture. No returns or cancellations will be accepted on ‘made-to-order’ or custom pieces which have been modified from Balconista Furniture’s original design. Balconista Furniture is not required to accept changes to orders after the order confirmation. However, Balconista Furniture will accept reasonable changes to orders with the following conditions: 1) The request must be submitted in writing and received in time to be implemented. 2) Changes will be subject to additional charges for materials, labor, and administrative. Under no circumstances may orders be cancelled after production has begun.
Customer will receive notification from Balconista Furniture as to the date merchandise will be available for shipment. All orders will be shipped as soon as possible. If customer is unable to or unwilling to accept delivery of merchandise, Balconista Furniture may transfer merchandise to storage. Customer is responsible for the cost of such storage and shall bear the risk of loss or damage to merchandise during such storage, as well as during delivery of same. Additional storage fees will be charged to store merchandise if not picked up within sixty (60) days from the date of invoice for final balance due.
METHOD OF SHIPMENT/DELIVERY
Unless Balconista Furniture is otherwise notified by Customer’s written instructions, freight arrangements shall be made by Balconista Furniture on Customer’s behalf. All such delivery, packing, crating, shipping, insurance, applicable taxes and similar charges are in addition to the stated purchase price of goods and are listed on the quote as Freight/Shipping and Handling. All charges are pro forma and will be included in the balance due notice. If Customer chooses to manage their own freight and delivery, Balconista Furniture must be notified of the specific details of the shipping process, including, but not limited to: the method of delivery, a tracking number, the expected date of delivery and whether there is a loading dock at the delivery location or not. Customer will still be responsible for handling charges for proper packing of the products. All products are moved through a Bill of Lading (BOL). The location of the pick-up by the client or the client’s agent may trigger sales tax responsibility at that location.
BALCONISTA FURNITURE WARRANTS TO CUSTOMER THAT FOR A PERIOD OF ONE (1) YEAR FOR COMMERCIAL USE FROM THE DATE OF THE ORIGINAL INVOICE, UNDER NORMAL USE AND SERVICE CONDITIONS, OUR PRODUCT LINE SHALL BE FREE OF MATERIAL DEFECTS, SHALL NOT SPLINTER, CRACK, CHIP, PEEL, ROT OR SUFFER STRUCTURAL DAMAGE FROM INSECT INFESTATION. DAMAGE CAUSED BY, AMONG OTHER THINGS, USE OF INCOMPATIBLE ACCESSORIES, INTENTIONAL ACTS, UNREASONABLE USE, MISUSE, PHYSICAL ABUSE, VANDALISM, RIOT, INSURRECTION OF CIVIL DISORDER OR ACTS OF GOD (SUCH AS FIRE, FLOODING, HURRICANE, EARTHQUAKE, TORNADO, LIGHTNING, ICE, ETC.) ENVIRONMENTAL CONDITIONS, (SUCH AS AIR POLLUTION, MOLD, MILDEW, ETC.), STAINING FROM FOREIGN SUBSTANCES (SUCH AS OIL, GREASE, DIRT) OR NORMAL WEATHERING SHALL NOT BE COVERED BY THE WARRANTY. FAILURE TO MAINTAIN THE PRODUCT BY CUSTOMER SHALL VOID THE WARRANTY. MAINTENANCE OF THE PRODUCT SHALL INCLUDE, BUT NOT BE LIMITED TO REGULAR WASHING OF THE PRODUCT AND REMOVAL OF THE PRODUCT FROM DANGEROUS ENVIRONMENTAL CONDITIONS.
THERE MAY BE SLIGHT VARIATIONS BETWEEN THE FINAL PRODUCT AND THE SAMPLE/PROTOTYPE WITH RESPECT TO THE FINISH, TONE, COLOR, GRAINING OR PRECISE MEASUREMENTS. CERTAIN HAND MADE PRODUCTS ARE BY NATURE IRREGULAR. BALCONISTA FURNITURE WILL SUBSTANTIALLY CONFORM ITS PRODUCTS TO PRODUCT DESCRIPTIONS BUT
BALCONISTA FURNITURE WILL NOT REPAIR OR REPLACE PRODUCTS WITH MINOR VARIATIONS, INCLUDING, BUT NOT LIMITED TO: SLIGHT VARIATIONS IN FINISH, TONE, COLOR, GRAINING OR PRECISE MEASUREMENTS. ANY CLAIMS AGAINST BALCONISTA FURNITURE FOR MANUFACTURER DEFECTS, SHORTAGES OR ERRORS, MUST BE MADE WITHIN FIFTEEN (15) DAYS AFTER RECEIPT OF MERCHANDISE. FAILURE TO MAKE A CLAIM WITHIN THAT TIME SHALL CONSTITUTE AN ACCEPTANCE OF MERCHANDISE AND A WAIVER OF ANY DEFECTS, SHORTAGES, ERRORS OR CLAIMS. BALCONISTA FURNITURE’S LIABILITY SHALL NOT EXCEED THE CONTRACT PRICE ACTUALLY PAID TO BALCONISTA FURNITURE FOR ITS PRODUCTS.
IT IS EXPRESSLY UNDERSTOOD AND AGREED THAT THE LIMITED WARRANTY DESCRIBED HEREIN SHALL BE CUSTOMER’S SOLE REMEDY AND SUCH REMEDY SHALL BE IN LIEU OF ANY CLAIM FOR ANY AND ALL DAMAGES, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, GENERAL, SPECIAL, INCIDENTAL OR CONSEQUENTIAL. ALL CLAIMS MUST BE REPORTED TO BALCONISTA FURNITURE. YOU MAY REACH BALCONISTA FURNITURE AT SCOTT@BALCONISTAFURNITURE.COM.
DISCLAIMER OF ALL OTHER WARRANTIES
BALCONISTA FURNITURE MAKES NO WARRANTY OTHER THAN THE LIMITED WARRANTY DESCRIBED HEREIN. THIS LIMITED WARRANTY IS EXPRESSLY IN LIEU OF ANY AND ALL OTHER EXPRESSOR IMPLIED WARRANTIES INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTY OF MERCHANTABILITYOR FITNESS FOR A PARTICULAR PURPOSE, ALL OF WHICH ARE HEREBY EXPRESSLY DISCLAIMED. IN NO EVENT WHATSOEVER SHALL BALCONISTA FURNITURE BE LIABLE FOR, AND CUSTOMER AND ANY THIRD-PARTY SHALL INDEMNIFY AND HOLD BALCONISTA FURNITURE HARMLESS FROM: (1) ANY AND ALL DAMAGES, INCLUDING BUT NOT LIMITED TO, DIRECT, INDIRECT, GENERAL, SPECIAL, INCIDENTAL OR CONSEQUENTIAL, WHETHER RESULTING FROM BALCONISTA FURNITURE’S NEGLIGENCE OR OTHERWISE, ARISING OUT OF, IN CONNECTION WITH, OR RESULTING FROM THE GOODS SOLD HEREUNDER, AND (2) ANY AND ALL CLAIMS, ACTIONS, SUITS AND PROCEEDINGS WHICH MAY BE INSTITUTED WITH RESPECT TO THE FOREGOING INCLUDING, BUT NOT LIMITED TO, THOSE MADE BY SUBSEQUENT OWNERS AND USERS OF THE GOODS.
LIMITATION OF LIABILITY
TITLE TO MERCHANDISE PASSES TO CUSTOMER UPON THE MANUFACTURER’S DELIVERY TO FREIGHT CARRIER. BALCONISTA FURNITURE IS NOT RESPONSIBLE FOR ANY DAMAGE AFTER THE MERCHANDISE HAS BEEN ACCEPTED IN GOOD ORDER BY THE SHIPPING COMPANY AND IS NOT RESPONSIBLE FOR DAMAGE SUSTAINED IN TRANSIT. EVIDENCE OF DAMAGE MUST BE PROVIDED TO FREIGHT CARRIER, INCLUDING, BUT NOT LIMITED TO: PHOTOGRAPHS, VIDEOS AND ANY OTHER DOCUMENTATION NECESSARY TO RESOLVE ANY CLAIMS. ADDITIONALLY,
EVIDENCE OF ANY DAMAGE TO THE PACKAGING MUST BE PROVIDED AS THIS IS NECESSARY TO RESOLVE DAMAGE CLAIMS. CLAIMS FOR DAMAGE TO THE PACKAGING OR LOSS IN TRANSIT MUST BE MADE BY CUSTOMER DIRECTLY TO FREIGHT CARRIER. ALL VISIBLE DAMAGE SHOULD BE NOTED BY THE RECIPIENT ON FREIGHT BILL BEFORE IT IS SIGNED BY THE RECIPIENT AND FREIGHT CARRIER IF POSSIBLE. FULL INSPECTION MUST OCCUR WITHIN 48 HOURS OF DELIVERY AND ALL FREIGHT CLAIMS FILED WITHIN 72 HOURS. EVIDENCE OF ANY DAMAGE MUST BE PROVIDED TO BALCONISTA FURNITURE. FAILURE TO REPORT A CLAIM FOR DAMAGE WITHIN FIFTEEN (15) DAYS FROM THE DISCOVERY OF THE DAMAGE CONSTITUTES AN ACCEPTANCE OF MERCHANDISE AND A WAIVER OF CLAIM. SHIPMENTS RETURNED TO BALCONISTA FURNITURE’S MANUFACTURER WITHOUT WRITTEN CONSENT BY BALCONISTA FURNITURE WILL BE REFUSED.
BALCONISTA FURNITURE WILL NOT BE LIABLE TO CUSTOMER OR ANY THIRD- PARTY FOR ANY AND ALL DAMAGE TO PERSONS OR PROPERTY, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, GENERAL, SPECIAL, INCIDENTAL OR CONSEQUENTIAL, RESULTING FROM ANY INJURIES WHICH OCCUR AS A RESULT OF MISUSE OF BALCONISTA FURNITURE’S PRODUCTS. MISUSE OF BALCONISTA FURNITURE’S PRODUCTS INCLUDES, BUT IS NOT LIMITED TO, THE FOLLOWING: USING THE PRODUCT AS A STEP, STANDING ON THE PRODUCT, SITTING ON THE PRODUCT OR OTHERWISE USING THE PRODUCT IN ANY MANNER OTHER THAN WHICH IT WAS INTENDED. BALCONISTA FURNITURE WILL HAVE NO LIABILITY EXCEPT FOR MANUFACTURER’S DEFECTS.
This Agreement shall be governed by, and construed and enforced in accordance with, the laws of the State of Florida. Jurisdiction and venue for the purposes of enforcing this Agreement shall be in Walton County, Florida.
TIME OF ESSENCE
The Parties acknowledge that time is of the essence with respect to this Agreement.
ATTORNEYS’ FEES AND COSTS
If you fail to prove any claim against us, you agree to pay all of Balconista Furniture’s legal costs, expenses and attorneys’ fees incurred in defending that claim. Such attorneys’ fees and costs shall include but not be limited to fees and costs incurred in any phase of negotiation or litigation including but not limited to all trials, proceedings and appeals and all appearances in and connected with any bankruptcy case, proceedings or creditors reorganization case or proceedings or arbitration proceedings. Attorneys’ fees shall also include hourly charges for paralegals, law clerks and other staff members operating under the supervision of any attorney.
Section and subsection headings in this Agreement are for convenience of reference only, and shall not govern, limit or influence in any manner whatsoever the interpretation of any provision hereof. The Agreement shall be considered as a whole.
CONSTRUCTION OF AGREEMENT
This Agreement contains all the terms and conditions agreed upon by Customer and Balconista Furniture which superseded Customer’s purchase order. No modification to this Agreement shall be valid unless in writing and signed by both parties.
WAIVER OF JURY TRIAL
THE PARTIES HEREBY KNOWINGLY, VOLUNTARILY AND INTENTIONALLY WAIVE, TO THE FULLEST EXTENT PERMITTED BY LAW, THE RIGHT TO A TRIAL BY JURY IN RESPECT TO ANY LITIGATION BASED HEREON, ARISING OUT OF, UNDER OR IN CONNECTION WITH THIS AGREEMENT OR ANY DOCUMENTS CONTEMPLATED TO BE EXECUTED IN CONJUNCTION HEREWITH, OR ANY COURSE OR CONDUCT, COURSE OF DEALINGS, STATEMENTS (WHETHER VERBAL OR WRITTEN) OR ACTIONS OF THE PARTIES. THIS WAIVER IS A MATERIAL INDUCEMENT FOR THE PARTIES TO EXECUTE THIS AGREEMENT.