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TERMS AND CONDITIONS

Sale of Goods

Furniture Liquidators, Inc. (hereinafter "Furniture Mart" or "Seller") shall sell to you (hereinafter "Buyer(s)"), and Buyer(s) shall purchase from Furniture Mart, all of the furniture, goods, or items listed on the Sales Invoice. Buyer(s) signature on the Sales Invoice affirms that Buyer(s) received a copy of, read, and understood the Sales Invoice and this Agreement.

Terms of Payment

A standard 50% deposit is required to process the order. The remaining balance is due once the order has been received in our warehouse. Merchandise purchased must be paid in full before delivery; see "Delivery and Availability" for details.

Unique items such as customers own material (COMs), custom quoted orders, pillows, slipcovers, fabrics, table pads, etc. must be paid in full to process the order.

Furniture Mart accepts cash, personal or cashier’s check, and most credit cards. Financing may be arranged with approved credit. All arrangements and documentation must be signed before the order is processed. Orders paid via personal check will not be submitted to the manufacturer until 10 business days from the date Seller deposits the check. Buyer(s) agree to pay a $50 service charge for each returned check. Buyer(s) waive any right to reverse and shall not reverse or dispute credit card charges or bank card charges on the purchases of any furniture, goods, or items listed on the Sales Invoice and this Agreement.

Seller may cancel any order for any reason upon refund of any deposits.

Buyer(s) Responsibilities

It is the Buyer(s) responsibility to measure openings for the size of furniture purchased. Furniture Mart does not move existing furniture, so please have the area ready for delivery. Buyer(s) has reviewed the order carefully, and double checked to ensure accuracy. It's the Buyer(s) responsibility to note the size and dimensions of the merchandise ordered and make sure everything will fit in the designated room, as well as through all entrance passages by a comfortable margin. Seller cannot warrant that any particular item will fit into any specific area; therefore, cancellations cannot be accepted on this basis. If delivery to the designated room involves limited maneuverability because of narrow halls, doorways, or stairwells, etc., Seller cannot be responsible for any damage that could result in attempting placement. If set up in the designated area is not conveniently feasible, delivery will be made to an accessible area. Please clear the designated room and the path leading to it of any obstacles in advance of the delivery date.

If Buyer(s) elects to pick up the merchandise in the store, this means picked up in the box. Assembly will be Buyer(s) responsibility. If Buyer(s) desires assembly, 24-hour notice must be given to allow time for assembly. There will be a $35 charge for assembly.

Delivery and Availability

Our delivery team of two will set up the furniture in your desired location. Our delivery personnel does not handle electronics, hang items on walls, or make modifications to merchandise. Furniture Mart cannot be responsible for damages to floors or walls when it is found difficult to maneuver the furniture through narrow halls, doorways, or stairwells, etc. Furniture Mart delivery personnel are not required to carry furniture on to construction sites that pose safety issues. Our delivery personnel will not remove their shoes on site for any reason.

Orders can take approximately 4-16 weeks. As a general rule, Furniture Mart cannot promise a particular delivery date until your order has been received into our warehouse. We will be happy to provide you with estimated delivery dates; actual availability may vary from this estimate.

Manufacturers do not provide regular order status updates. Furniture Mart will gladly give an order status update upon your request. It can take 1-3 business days to receive a status update from the manufacturer. We have no control over production, available materials, or delivery schedule changes made by factories or over the accuracy of information furnished to us by the manufacturer. Buyer(s) agrees that changes in availability will not invalidate this order. Furniture Mart shall not be responsible for delays or defaults in the delivery occasioned by weather, war, strikes, acts of nature, the public enemy, fire, labor, or transportation difficulties or other causes beyond the control of Furniture Mart.

Buyer(s) must pay the balance on items once received in our warehouse. Buyer(s) must take possession of their order within 30 days of notification that the merchandise is available for delivery. If the Buyer(s) does not take possession of the order within 60 days, Furniture Mart may cancel the order and keep all deposits as liquidated damages. Furniture, goods, or items held longer than 60 days from RECEIPT OF GOODS are subject to a five percent (5%) per month storage fee. Any deviation from these time constraints must be agreed upon in writing at the time of placing the order.

Damages

All merchandise is opened and inspected before delivery; if damage occurs, Seller will repair or replace at the originating manufacturer's discretion. Seller makes no warranties beyond the written description of the goods on the face hereof unless otherwise stated by Seller in writing. Seller expressly disclaims any warranty of merchantability or fitness for a particular purpose. This disclosure does not affect manufacturer’s warranties if any.

Cancellations

Stock Merchandise Buyer(s) has the right to cancel this sales invoice/contract within three (3) days from the date of purchase and obtain a full refund as long as the merchandise has not been delivered or taken from the store. Cancellation of this stock merchandise sales contract after three (3) days will result in a store credit valid for six (6) months equal to the amount of Buyer(s) deposit less any applicable fees. After six (6) months any remaining credit will be retained by Seller as liquidated damages to cover storage and administrative cost. No stock merchandise is sold on approval; therefore a 50% restocking fee will be charged.

Cancellations

Special Order, Custom Quoted Order, and Customer's Own Material (COMs) Once the Buyer(s) places the order, the Seller begins the procurement process. Therefore, Seller does not accept cancellations on any Special Order, Custom Quoted Order, or Customers Own Material (COMs). Seller does not order on approval. If the Buyer(s) wants to cancel an order before the manufacturer has placed it in production, Seller will give a full refund; this excludes all Custom Quoted Orders and COMs. This is the only circumstance in which a full refund will be granted. Otherwise, a 50% restocking fee will be charged. Additionally, applicable delivery fees on exchanges or returns will be charged to the Buyer(s).

Fabric and Leather

As warranted by the fabric mill or leather tannery Seller will not guarantee the consistency of leather coloration or grain structure. Buyer(s) should request a cutting for approval. Not all manufacturers will furnish leather cuttings for approval. Color, grain, and texture are approximate and vary from hide to hide. Leather is a natural product, and it has its own distinctive marks and characteristics. Placement of this order means that variations are understood and accepted.

The warranty for upholstery fabrics, including slipcovers, will rely on the warranty of the fabric manufacturer as to the quality, colorfastness, or durability of any upholstery material. Any adjustment will be at the discretion of the fabric manufacturer. Manufacturer's warranty does not cover fading, pilling, or shrinkage, and is not valid where there is evidence of heavy soiling. All fabric warranties are null and void if improperly cleaned or treated with a chemical fabric treatment. Seller does not recommend "aftermarket" fabric protection treatments and cannot be responsible for the performance of any fabric that has been subject to such treatments.

Cancellations

Clearance Items, Showroom Samples or Outlet Center Purchases "As Is": The following provisions apply to all merchandise purchased and marked "as is" on the sales invoice. Because of the one-of-a-kind nature of the purchase or because of the discount involved, no refund, repair, or replacement will be feasible should the Buyer(s) selection subsequently prove unsatisfactory. These are sold AS IS and with all faults. NO WARRANTIES, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTY OF MERCHANTABILITY OR WARRANTY OF FITNESS FOR ANY PARTICULAR PURPOSE, HAVE BEEN MADE BY SELLER IN REFERENCE TO THESE GOODS.

Defamation, Disputes, and Partial Deliveries

If the Buyer(s) defames Furniture Mart with untrue or incomplete information in social media, public reviews, to credit card companies, or to the Better Business Bureau, Furniture Mart reserves the right to recuperate all damages caused by the customer. Buyer(s) agrees to pay up to the maximum dollar amount available by law, if you file a complaint with any agency, website, organization, or credit card company and the complaint is proven to be untrue by a certified arbitrator from your local area.

In the event of a dispute of payment, chargeback inquiry, or credit card dispute, Furniture Mart reserves the right to pursue legal recourse to recuperate expenses incurred to deliver orders, regardless of the bank or Credit Card Company’s finding for the dispute. The Buyer(s) agrees to allow Furniture Mart to provide a resolution based on the originating manufacturer's discretion for items that arrive incorrectly or with damage or defect. If Seller wins in court, the customer agrees to pay the sale price of the goods, plus any additional shipping incurred by Seller. In cases of a payment dispute, chargeback inquiry, or credit card dispute, if items delivered free from damage or defect are included in the amount in dispute, Furniture Mart will consider the goods delivered to be a theft of Furniture Mart property and will pursue legal action for the theft of said property.

Miscellaneous

Exclusive venue for any action relating to the enforcement or interpretation of this agreement shall be in the court of competent jurisdiction in and for Duval County, Florida. BUYER(S) WAIVES THEIR RIGHT TO A JURY TRIAL IN ANY LAWSUIT RELATING TO THIS AGREEMENT. If any provision of this agreement shall be determined to be invalid or unenforceable for any reason, the remaining provisions of this agreement shall be unaffected thereby and shall remain in full force and effect. This agreement shall be binding upon and shall inure to the benefit of the respective parties and respective administrators, executors, other legal representatives, heirs, successors and permitted assigns.

Orders are subject to manufacturer approval. Buyer(s) will be notified if an item or fabric is delayed or discontinued by the manufacturer. This will not affect the remaining order.

Sales Tax may be adjusted according to state regulations prevailing at the time of delivery.

Merchandise purchased before a manufacturer sales event is not eligible for the sale incentives. All services fees are non-refundable; this includes but not limited to delivery fees, repair fees, disposal fees, cutting fees, etc.

Errors in pricing or arithmetic are subject to correction. In case of an error in pricing or arithmetic, Buyer(s) has the option to either cancel the order and receive a refund of deposit, or pay the corrected sales price.

Refunds for merchandise purchased by check will be made after proof that the check has cleared and is provided to the Seller.

Other terms of sale may be contained in other agreements between Buyer(s) and Furniture Mart.

The Sales Invoice and this Agreement set forth the entire understanding between the Seller and Buyer(s) and supersede any and all prior oral or written agreements, understandings, representations, or warranties between Seller and Buyer(s) except as specified herein.

Furniture Mart Terms and Conditions for Factory Direct Shipping

Deposits

A standard 100% deposit paid by cash, check, or money order is required to process factory direct orders.

Method of Payment

Furniture Mart only accepts cash, check, or money orders for factory direct orders.

Customers' Responsibilities

Please review your order carefully, and double check to ensure accuracy. For factory direct orders, the customer is responsible for paying all the shipping charges directly to the delivery service. Furthermore, deliveries are subject to the terms and conditions of the delivering carrier. This means that after the order is placed, Furniture Mart will not provide any further service regarding the delivery of the merchandise. All remaining communication will be between the buyer and the delivery company. For this reason, Furniture Mart suggests that you consider purchasing from your local brick and mortar retail store that might be able to provide a more comprehensive service regarding the transportation and delivery of your merchandise. Please keep in mind that for factory direct orders, Furniture Mart is just acting as a broker. Furniture Mart is not responsible for any dealings regarding the transportation and delivery of the merchandise; these issues are to be handled by the customer, the manufacturer, and the delivery service. *It is Buyer’s responsibility to measure openings for size of furniture purchased.

Cancellations

All sales shipped outside of Furniture Mart's local delivery area are final. No refunds.

Delivery Time

Furniture Mart will not make any estimates for delivery times for factory direct orders. Consult your preferred delivery service for delivery time estimates. Customer agrees that changes in availability/delivery time will not invalidate this order. Furniture Mart is not responsible for delays and defaults in the delivery occasioned by weather, war, strikes, acts of God, the public enemy, fire, labor, or transportation difficulties or other cases beyond the control of Furniture Mart.

Damages

Furniture Mart is not responsible for any furniture that arrives damaged. Any issues regarding damaged merchandise are to be worked out between the customer, and the delivery service.

*Furniture Mart makes no warranties beyond the written description of the goods on the face hereof. Furniture Mart expressly disclaims any warranty of merchantability or fitness for a particular purpose. This disclosure does not affect manufacturer's warranties if any.

*Sales tax may be adjusted according to state regulations prevailing at the time of delivery.

*Errors in pricing: mathematical and inadvertent errors are subject to revision by Furniture Mart.

*Any order may be cancelled by Furniture Mart for any reason upon refund of any deposits.