Terms and Conditions
Payment, Delivery, Shortages and Freight Damage
All orders require a 50% deposit with the order. The balance is due upon delivery of the goods prior to unloading and is payable by certified check to the driver at the delivery site. If more than one shipment is involved, payment is due on a per shipment basis in accordance with the above terms. For less than truckload shipments where the carrier will not collect the COD, final payment is due and payable prior to shipment. Product shortages or freight damage must be noted on the Packing Slip copy that the driver returns to Solid Comfort. Failure to do so may void any claim of shipment shortages or freight damage.
Order Cancellations and Delivery Schedules
Since most of the production and raw material costs are incurred by Solid Comfort prior to delivery of the order, the deposit is non-refundable. All orders submitted to Solid Comfort are subject to approval and acceptance by management.
A tentative delivery schedule will be established in acknowledging the order. Solid Comfort is not bound on any order to pay penalties, excess freight or other expenses by failure to deliver on schedule. Every effort will be made to meet buyers’ requirements and notification will be given if any changes occur.
Orders not accepted by the buyer on a timely basis when presented for delivery are subject to increased charges due to standby trucking costs, warehousing costs, labor costs, or other incidental costs incurred by the delay. All orders are firm when acknowledged by the factory and will be scheduled for delivery on a specified date as requested by the buyer. If there are delays from the specified date, a 10-day holding period will be allowed at no charge. After 10-days the order will be shipped or arrangements must be made and a cost will be incurred for a maximum additional holding period not to exceed 20-days. The order will also be subject to invoicing and payment if not shipped after the initial 10-day holding period.
Product and/or Order Modifications
Acceptance by Solid Comfort of order modifications or changes will depend on the production scheduling and any changes requested after production has begun may be subject to additional charges. Order changes or modifications may also alter the subsequent delivery schedule.
Weights and Dimensions
Weights and dimensions that are shown on the price lists are approximate and may vary due to manufacturing tolerances. In the event of a discrepancy between weights and dimensions shown elsewhere as compared to the price list, the information on the price list shall govern. If more exact weights and dimensions are required, this information must be requested by the buyer and specified prior to placing the order.
Limited Warranty and Replacement
Solid Comfort stocked products are warranted against defects in material and workmanship for 60 months from the date of shipment. Since Solid Comfort has no control over the use of the product, repairs or replacement will only be made subject to proof of a deficiency and requires return of the defective part or furniture item. Freight costs both ways must be borne by the buyer. Returns must be authorized by Solid Comfort and be made by securing a Return Merchandise Authorization (RMA) number and marking the packaging with this number. If return is not practical, on-site repairs may be arranged. If this method of repair involves Solid Comfort personnel, travel and lodging expenses must be borne by the buyer. Labor will be covered by this warranty. Solid Comfort, in its sole judgment, shall determine if a defective part or complete piece of furniture will be repaired or replaced.
The buyer is responsible to maintain its furniture to the extent that it is safe and serviceable for use by its guests and warranty claims will not be honored when the product has been subjected to accident, alterations, misuse, abuse or maintenance neglect. Printing on furniture may fade or diminish completely through regular use and cleaning. This wear is not considered a defect in material or workmanship and is considered normal wear and tear which does not affect the product’s performance or use.
Custom ordered products are purchased “as is” and “with all faults”. Buyer agrees that it has not relied upon any representations of Solid Comfort Inc. in mounting or installing custom ordered products. Buyer agrees that installation is at its sole discretion and in consultation with the architect, general contractor, engineer or any other profession it deems appropriate and after consulting applicable state and local laws and building codes.
The foregoing warranty is exclusive and in lieu of other warranties by Solid Comfort, whether written, oral or implied, including, but not limited to, a warranty of merchantability or fitness for purpose. In no event shall Solid Comfort be held liable for special, incidental, or consequential damages. This warranty is limited to the original owner and buyer.
The parties to this document agree that any actions commenced with regard to the matters contained herein will be venued in a court of competent jurisdiction located in the County of Cass, State of North Dakota and that all such actions shall be governed by the Laws of the State of North Dakota without giving effect to the principles of conflict of laws. Buyer hereby consents to the jurisdiction of North Dakota.
Each party hereto represents that it has carefully read the provisions of these Terms and Conditions and knows and understands the contents hereof. These Terms and Conditions cannot be changed orally and can only be modified in writing with the agreement of the parties. All costs and expenses, including reasonable attorneys’ fees, incurred or paid by Solid Comfort in exercising any right, power, or remedy conferred by this Agreement or in the enforcement of this Agreement, shall be paid to Solid Comfort by the buyer immediately upon demand.