vendors.furnwarehouse.comPurchase Order Terms And Conditions

The following terms and conditions between Richmond Sales, Inc. d/b/a The Furniture Warehouse (hereinafter "The Furniture Warehouse") and the vendor of specified merchandise ("Seller") constitute a legally binding contract between The Furniture Warehouse and the Seller. TERMS OF SALE: The Furniture Warehouse shall issue one or more purchase orders ("PO") to Seller for the purchase of specified Merchandise. Each PO and any amendment thereto shall be deemed delivered to Seller when transmitted by mail, facsimile or other electronic means to the location specified by Seller. A mail, facsimile or electronic mail confirmation received by The Furniture Warehouse shall be deemed conclusive evidence of receipt of the PO or amendment by Seller. No variation in any of the terms, conditions, deliveries, prices, quality, quantity and specifications of a PO will be effective unless they are in writing and signed by The Furniture Warehouse. ACKNOWLEDGMENT OF TERMS: These terms and conditions govern all PO issued by The Furniture Warehouse to the Seller identified on each PO. The PO shall be deemed accepted and binding on Seller upon receipt of PO, fulfillment by Seller of any part of a PO, or any other conduct by Seller which recognizes the existence of a contract pertaining to the subject matter of such PO. Seller expressly acknowledges and agrees that, upon its acceptance of the PO it agrees to be bound by the terms and conditions as set forth herein and as provided on https://vendors.furnwarehouse.com. These terms and conditions are specifically incorporated into each PO issued by The Furniture Warehouse. The PO and these terms and conditions shall constitute the entire contractual agreement between The Furniture Warehouse and Seller. Any terms proposed in Seller’s proposal, sales notice, receipt, acknowledgment or other form of acceptance which add to, vary from, or conflict with the PO or these terms and conditions are rejected by The Furniture Warehouse and shall be void. Any such proposal of terms shall not be construed as a counter-offer and any performance by Seller as outlined herein which constitutes acceptance of the PO shall bind Seller to these terms and conditions. Any modification of the contractual terms may be made only by a written instrument executed by The Furniture Warehouse. PRICE: An order placed by The Furniture Warehouse must not be filled at a higher price than shown on the PO. Unless another currency is specified on the order, all monetary amounts are deemed to be expressed in U.S. dollars. DELIVERY: Unless otherwise provided on the PO or as provided in writing by The Furniture Warehouse, the merchandise shall be deemed to be delivered upon receipt by the designated agent of The Furniture Warehouse. The Furniture Warehouse shall designate such agent on the PO or by written correspondence which shall be acknowledged in writing by Seller. Upon delivery to the designated agent, all title and risk of loss to the merchandise shall vest with The Furniture Warehouse. MERCHANDISE: Seller expressly warrants that all merchandise sold to The Furniture Warehouse under a PO shall conform to the specifications, drawings or other description upon which the PO is based, shall be fit and sufficient for the purpose intended, merchantable, of good material and workmanship, free from defects and free and clear of all liens or encumbrances. Inspection, testing, acceptance or use of the goods by The Furniture Warehouse shall not affect Seller’s obligations under this warranty, and such warranty shall survive inspection, testing, acceptance and use. Bonded Leather, Leather Blends or Full Leather shall carry a 3 year full warranty, specifically but not limited to cracking and peeling from the date the retail customer purchases. Seller agrees to replace or correct defects of any merchandise not conforming to the foregoing warranty and shall be responsible for all expenses incurred in such repair, including all costs for freight and related charges. Receipt by the designated agent of The Furniture Warehouse can in no way be construed that The Furniture Warehouse received the merchandise in good order and condition. Seller expressly acknowledges that it is responsible for any and all damages to the merchandise, as well as any missing parts or pieces which are to be included with the merchandise. The Furniture Warehouse shall advise Seller of any damage or missing parts or pieces. Parts will be provided free of charge for damaged goods within forty-five (45) days of receipt the notice provided to Seller by The Furniture Warehouse. The Furniture Warehouse may charge Seller at a rate of $45/hour for any repairs to damaged merchandise. Merchandise that cannot be repaired will be charged back to Seller, including freight. The Furniture Warehouse will hold damaged merchandise for forty-five (45) days from notification to Seller before deducting from invoicing. If arrangements are not made for pick up by Seller within 45 days all merchandise will either be donated or disposed of, for the account of Seller. If Seller fails to correct defects in or replace non-conforming goods promptly, The Furniture Warehouse may, after reasonable notice to Seller, make such corrections or effect cover at Seller’s expense. Seller expressly waives any claims with regard to such merchandise. The Furniture Warehouse reserves the right to charge back Seller for an item if parts have not been received within forty-five (45) days of ordering. CLOSE OUT MERCHANDISE: Any and all merchandise purchased on close-out shall conform to the warranties as set forth in paragraph 6 herein. If The Furniture Warehouse determines that many damages and defects are occurring, a damaged reserve will be established until all merchandise is opened and inspected. The Furniture Warehouse reserves the right to open as merchandise is sold down. DROPPED MERCHANDISE / CHANGE MERCHANDISE. Seller shall provide to The Furniture Warehouse sixty (60) day written notice of any drop or change in fabric/finish. This notice will allow The Furniture Warehouse the time necessary to properly balance the inventory. Seller shall provide to The Furniture Warehouse sixty (60) day written notice of any changes in product specification or change in manufacturer. Seller agrees to accept the return of any merchandise if the above-referenced notices are not timely delivered to The Furniture Warehouse and to reimburse The Furniture Warehouse for any and all expenses and related charges incurred by The Furniture Warehouse with regard to the purchase, transportation and return transportation of the merchandise. MISDELIVERY: Seller’s failure to deliver the merchandise as and when specified constitutes a misdelivery of the merchandise. In the event of a misdelivery, The Furniture Warehouse reserves the right to cancel the PO or any part thereof without prejudice to its other rights. Upon such cancellation, Seller agrees that The Furniture Warehouse may, at its discretion, return part or all of any shipment and Seller agrees to be responsible and reimburse The Furniture Warehouse for any and all losses or expenses sustained as a result of such failure to deliver. In the event that The Furniture Warehouse receives merchandise which differs from the merchandise as described on the PO, The Furniture Warehouse may, at its discretion, treat such an event as a misdelivery. In any case of misdelivery, the Seller shall be responsible for any and all costs incurred in returning the merchandise. In any case of misdelivery, The Furniture Warehouse may, at its discretion, elect to either receive replacement merchandise or a credit in the amount paid under the PO towards the purchase of other merchandise. In either case, the Seller shall be responsible for any and all costs incurred by The Furniture Warehouse with regard to the transportation and delivery of the misdelivered merchandise, including, but not limited to, freight and related charges,...