|
Sales Terms and Conditions
THIS AGREEMENT GOVERNS YOUR PURCHASE OF PRODUCTS FROM SEASONAL LIVING
TRADING LTD., CO. READ IT CAREFULLY. NO OTHER TERMS APPLY. BY PLACING
AN ORDER AND ACCEPTING THE PRODUCTS, YOU ARE AGREEING TO THESE TERMS.
ENTIRE
AGREEMENT
The terms and conditions herein may NOT be altered, supplemented, or
amended by the use of any additional documents or terms that purport to
be an agreement of the parties. Any attempt to supplement or amend
these terms and conditions or to enter an order for Product(s), which
is subject to additional or altered terms and conditions, shall be null
and void.
ORDER
ACCEPTANCE/ACCEPTANCE OF AGREEMENT BY BUYER
All orders of Products placed by the Buyer with Seasonal Living Trading
Ltd. Co. shall be subject to acceptance by Seasonal Living Trading Ltd.
Co. Acceptance by Buyer of Products shipped shall constitute full
acceptance of these terms and conditions. . BY PLACING AN ORDER,
THE BUYER ACKNOWLEDGES AND ACCEPTS THE FULL TERMS AND CONDITIONS SET
FORTH IN THIS AGREEMENT.
WARRANTIES
Seasonal Living Trading Ltd. Co. makes no warranties except those
stated in the manufacturer's warranty cards included with Products, or,
in the case of optional extended warranties issued by Seasonal Living
Trading Ltd. Co., such extended warranty documentation.
SEASONAL LIVING TRADING LTD. CO. EXPRESSLY DISCLAIMS ALL OTHER
WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING WITHOUT LIMITATION –
IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR
PURPOSE.
PRODUCT
SPECIFICATION
Seasonal Living Trading Ltd. Co. continually updates and revises
Products. Seasonal Living Trading Ltd. Co. may revise and/or
discontinue Products at any time. Changes between what is shipped and
what is described in marketing materials (ads, catalogs, specification
sheets, etc.) are possible. Your Seasonal Living Trading Ltd. Co.
representative will communicate latest Product information if any order
is received via telephone.
ACCURACY OF
INFORMATION
Seasonal Living Trading Co., makes significant efforts to present
information in this catalog and other Seasonal Living Trading Co.,
cannot be held accountable for errors, color accuracy or errors in
dimensions and weights. All sizes and weights are
approximate. Colors on hand made merchandise will vary according
to production batches and other environmental factors that will
influence the outcome of the final product.
ONLINE
PURCHASES
Currently, Seasonal Living Trading Ltd. Co. does not offer an online
purchase program. Products and information displayed on the
company’s Web site are intended solely to provide Buyers with an
indication as to the type and range of products sold. Buyers may,
however, inquire with Seasonal Living Trading Ltd. Company’s
sales department about the complete product line, product
specifications, pricing, etc. All financial transactions that take
place between Seasonal Living Trading Ltd. Co. and a Buyer will be
separate to any information supplied on the Seasonal Living Trading
Ltd. Co.’s Web site. Only information and pricing supplied by the
Sales Department will constitute the Terms for Sale.
HAND MADE
PRODUCT VARIATION
Because each item is hand stained/finished, finish accents may vary
from piece to piece, each piece a unique/one of a kind character. Urns
and pedestals ordered in sets are finished at same time to give close
as possible (but not identical) match.
MINIMUM
OPENING ORDERS
Minimum opening orders vary according to Customer type. Please
inquire with Seasonal Living Trading Co or one of its Sales
Representatives for specific details.
PRICING
Seasonal Living will update it prices at least every calendar
quarter. Please submit your purchase order and prices will be
re-confirmed to you. Prices are always subject to change at any
time.
RESERVED
MERCHANDISE
Seasonal Living Trading Ltd., Co may on rare occasions permit a
prospective Buyer to reserve merchandise for a limited period of time
(to be determined by Seasonal Living Trading Ltd., Co). In the event
that the Buyer chooses to reserve merchandise, a non-refundable deposit
of 35% is required at the time of reserving the products. If the
products are not paid for in full within the agreed Reserved period,
then Seasonal Living Trading Ltd., Co retains the right to sell those
goods to any other person / company.
PROMOTIONAL
OFFERS / LIMITED OFFER PERIODS
From time to time, Seasonal Living Trading Co., will provide special
promotional pricing and offers. Seasonal Living Trading Co. will
not accept any orders at promotional offer pricing outside of the
promotional offer period. Special pricing or other promotions
cannot be combined at any time.
SPECIAL /
CUSTOM ORDERS
We accept Special and Custom Orders for items not normally carried in
stock. If you wish to place a Special or Custom Order, a minimum
of 50% deposit will be required at the time you confirm your
order. All deposits are non-refundable and orders are
non-cancellable. We cannot accept returns, requests for credit or
exchanges on Special or Custom Orders. Lead times on Special or
Custom Orders will vary. At the time you place your order, we
will provide you with our best estimate of when you can expect to
receive your order, however due to factors beyond the control of
Seasonal Living Trading Co., we cannot guarantee a delivery date.
Please be sure to discuss this with your Sales Representative at the
time you place your order. Special and Custom Orders not paid in
full but held after 30 days will be available fir resale, with a 35%
restocking fee incurred by the initial Buyer.
BACK ORDER
LEAD TIMES
Occasionally, we will be out of stock on some of our products.
Production lead times vary. A best guess indicator of when you
can expect your back ordered merchandise is approx. 3 months from the
date that you place your order. NOTE - Unforeseen circumstances
can sometimes increase this back order period. We will try to
keep you updated on your back ordered merchandise.
PRODUCT CARE
Most products require a certain degree of care and regular maintenance
to maintain the original look and quality. Detailed product care
information will be supplied to you at the time we ship your
merchandise. Should you ever want to review this information in
advance, please contact us and we will be happy to forward this
information to you.
PAYMENT
Terms of payment are Full Payment (Unless Credit Terms have been
established) at the time of order. No C.O.D. orders are
accepted. We accept the following forms of payment: US Dollars,
Wire transfers to the Seasonal Living Trading Co. bank account,
Business Checks and the following credit cards: Visa and
MasterCard. Should you wish to settle your account with American
Express or Discover, we will charge you an additional 3% on top of the
cost of your total account. Seasonal Living trading Co will
charge credit cards upon order. Merchandise is shipped only upon
receipt of payment or Terms if agreed in advance with Seasonal Living
Trading Co.
CREDIT TERMS
Credit Terms are offered based on the following criteria:
- All initial orders must be settled by one of the above forms of
payment. Credit is not offered for first time purchases.
- Credit is only offered for volume size orders.
- Credit is not automatic. Seasonal Living Trading Co. requires
that you provide detailed and completed Trade and Banking credit
information which Seasonal Living Trading Co. will forward to you when
you request Terms. If you do not return fully completed and
accurate Seasonal Living Trading Co.,Trade and Banking Credit forms, we
will not process your Credit request.
- Seasonal Living Trading Co requires at least 3 weeks upon receipt of
accurate and fully completed banking and trade reference forms for
credit terms to be established.
- Credit Terms are typically Net 30 from the date we ship your
merchandise.
- If granted Credit Terms and you fail to settle your account on time,
Seasonal Living Trading Co. retains the right to terminate Credit Terms
with you at any time.
LATE PAYMENT
FEES
In the event that Seasonal Living Trading Co. agrees to grant you
Credit Terms and you fail to settle your accounts within the agreed
payment period, we will automatically begin to charge you a late
payment fee. This fee will amount to 3% of your total order
including all shipping charges. These Late Payment Fees must be
settled in full prior to Seasonal Living Trading Co., transacting
additional business with you in the future.
CREDIT
COLLECTION AGENCIES
In the event that you choose not to settle your account within the
credit term period, Seasonal Living Trading Co., retains the rights to
pass your account over to a Credit Collection Agency. In addition
to the interest charged for late payment, you will also be charged for
all Credit Collection Agency fees.
RETURNED CHECKS
Checks returned to Seasonal Living Trading Co. for Non Sufficient Funds
will automatically be charged a $35 fee. In addition, we will
automatically begin to charge you interest at 3% per month on all
outstanding balances. Credit Terms will be revoked until all
outstanding interest and charges have been settled.
STORAGE /
FAILURE TO COLLECT MERCHANDISE
On occasion, Seasonal Living Trading Ltd., Co may at its sole
discretion agree to store merchandise paid in full for a limited period
of time. It is solely Seasonal Living Trading Ltd., Co's right to
determine the duration of the storage period. In the event that a Buyer
does not return to Seasonal Living Trading Ltd., Co's warehouse to
collect the merchandise after the agreed upon date of the storage term,
Seasonal Living Trading Ltd., Co reserves the right to:
A) Charge the Buyer a packing fee (to be determined
by Seasonal Living) to store the merchandise. These charges are due in
full upon the Buyer returning to collect the merchandise. Merchandise
will not be released until all fees have been paid.
B) Charge a monthly storage fee per item (prices to
be determined by Seasonal Living). All unpaid invoices may incur a late
fee penalty to be determined by Seasonal Living Trading Ltd., Co.
Merchandise will only be released to the Buyer once all storage and
penalty fees have been paid in full.
Seasonal Living Trading Ltd., Co assumes no responsibility for any
damage or loss to purchased merchandise stored beyond the agreed upon
storage period. In the event that goods remain unclaimed for a period
of 12 months from the purchase date, Seasonal Living Trading Ltd., Co
reserves the right to sell and dispose of the purchased goods at its
own discretion and no reimbursement will be given to the Buyer.
TITLE TO
PRODUCTS
Title to Product(s) passes from Seasonal Living Trading Ltd. Co. to
Buyer upon shipment from the Seasonal Living Trading Co warehouse.
SHIPPING
Shipping is FOB Austin, Texas unless otherwise agreed between both
parties.
Prices do not include handling and shipping charges. Due to the
broad range of products that Seasonal Living Trading Co., sells, it is
not possible to provide you with a detailed shipping price prior to
order confirmation. We can provide you with a shipping estimate.
This shipping estimate is subject to change until your order is
confirmed. All shipping quotes are valid for 7 business days
only.
Shipping charges vary according to the following criteria: Shipping
destination, volume of product purchased, total shipping weights AND
the type of delivery you require (white glove options are available)
(and in the USA, shipping class). As a general rule, the lighter
your shipping load (in terms of weight and volume) the higher your
shipping charges will be. A fully loaded shipping pallet will
typically range anywhere from 10-17% of total purchase price depending
upon the class of product being shipped.
All shipping charges are to be paid in
advance (unless Credit Terms have been agreed to). We do not
accept C.O.D. shipping orders.
Seasonal Living Trading Co. will notify you by e-mail once your product
has shipped. Seasonal Living Trading Co., will provide you with a
copy of your merchandise invoice and a copy of your shipping
invoice. In addition, Seasonal Living Trading Co. will provide
you with a tracking number - you can choose to monitor your shipment by
logging on to the website provided by Seasonal Living Trading Co. to
track your shipment. Delivery times vary. Deliveries are
only Monday through Friday. All commercial deliveries will not
receive notice as to when their shipment will be delivered.
Commercial deliveries will be delivered during normal business
hours. All residential deliveries will receive a contact
telephone call prior to delivery to schedule a mutually agreeable
delivery time. If you schedule a residential delivery and fail to
show up at the agreed appointed time and the delivery driver has to
leave, you will incur additional delivery charges for a re-delivery.
Standard delivery to a business address will mean delivery to your
loading dock or to the curbside. Standard delivery to a
residential address will mean delivery to the curbside. Buyer is
responsible for advising Seasonal Living Trading Co. of its delivery
and shipping requirements. Most shipments are heavy and if you do
not have a loading dock, we recommend that you request a lift gate
service. The delivery companies do not provide enough manpower to
off-load your merchandise without the ability to move it on to a
loading dock or on to a lift gate. If you do not indicate your
delivery requirements and the delivery company needs to provide
additional services, Seasonal Living Trading Co. retains the right to
charge you for additional services
ORDER/SHIPPING
ERROR
If you receive a package in error or receive the wrong Product(s),
please contact us within 48 hours of receiving the package to arrange
for a pickup and re-shipment of the correct Products with no charge for
shipping. It is the Buyer's responsibility to make sure the ordered
Product is correct. Return freight is non-refundable for improperly
placed orders.
DELIVERY
Seasonal Living Trading Ltd. Co. may deliver according to the terms
stated herein at the location designated by the Buyer. In the event
Buyer authorizes access through adjacent properties for delivery, Buyer
is required to obtain permission from the owners of such adjacent
properties for such use and Buyers agree to hold Seller harmless for
any liability or damages incurred as a result of the use of such
adjacent properties.
INSTALLATION
and ASSEMBLY
Installation and assembly shall be the responsibility of the Buyer and
Buyer shall be responsible for all necessary water, gas, and electrical
hookups including, but not limited to, providing all necessary lines,
adapters, and or necessary parts needed to install product.
RECEIPT OF
DAMAGED MERCHANDISE / SHORT SHIPMENTS
When Seasonal Living Trading Co., ships merchandise from the Seasonal
Living Trading Co., warehouse title of product automatically transfers
to the Buyer. As such, Buyer is responsible to process damaged
merchandise claims with the delivery carrier. As part of our
Buyer service, we will assist you with processing a damage claim.
However, Seasonal Living Trading Co., requires that you closely adhere
to the following requirements for Seasonal Living Trading Co., to
assist you with processing a damage claim with the carrier:
- Upon receipt of all merchandise, you are required to carefully
inspect all merchandise packaging. If you notice tears, rips or
any damage to the outer packaging, we encourage you to investigate
further BEFORE THE DELIVERY DRIVER DEPARTS. All tears, rips
or any other damage to outer packaging MUST be noted on the delivery
notification form and initialed by the delivery driver.
- Failure to
inspect upon delivery by carriers to Buyer shall constitute waiver of
Buyers’ rights of inspection and shall be equivalent to
acceptance of the goods.
- If you believe there to be damage within your merchandise, we
encourage you to open and inspect for damage while the delivery driver
is still present. Again, all damage must be noted on the delivery
notification form and signed for by the delivery driver. Freight
companies use the signed bill of lading/delivery receipt as disclaimer
for freight damage whenever possible. Seasonal Living Trading Co.,
cannot be responsible for any items accepted by Buyer in good order and
later to be found to have been damaged in transit by carrier.
- You have a 48-hour window to open all your merchandise after delivery
and inspect the merchandise for concealed damage.
- In the event of you finding concealed damage, you are required to
notify Seasonal Living Trading Co., by contacting us by telephone and
sending us an email within 48 hours of initial delivery. We
require that you provide us with a detailed description of the damage,
the number of damaged items along with easy to see / clear photos of
the damaged merchandise and damaged packaging.
- You are also required to retain all outer packaging, crates and
damaged merchandise until your claim is resolved.
- The delivery company retains the right to visit your premises to
inspect the damaged merchandise and packaging materials.
- We strongly recommend that you have a camera on hand at the time of
delivery to record any possible damage. This can only help to
expedite your claim.
- Claims for shortages must be made within 5 days after receipt of
goods. Seller’s responsibility for shipment ceases after delivery
of goods to the transportation company. No allowance is made for
freight overcharges.
Failure to follow the above procedures will invalidate your damage or
shortages claim.
Seasonal Living Trading Co., will not re-ship merchandise to you until
your shipping damage claim is resolved.
DROP SHIP
ORDERS
Drop shipment of some Seasonal Living Trading Co., items is
possible. Unless agreed in advance, all drop shipped orders will
encounter an additional 20% charge on the cost of merchandise for us to
modify your shipping / packaging materials to meet drop-shipment
carrier requirements. We will advise you in advance if costs will
exceed the 20% additional charge.
RETURNS /
EXCHANGES
Seasonal Living Trading Co., may choose to accept Returned /
Exchange goods upon the following conditions:
- Returns are not accepted on any promotional or close out merchandise.
- Returns are only accepted on items paid at full price.
- No refunds or credits are issued on shipping charges.
- You are required to contact Seasonal Living Trading Co., and explain
why you wish to return an item.
- In the event that Seasonal Living Trading Co., agrees to accept a
returned item of merchandise, you will be provided with a RM#. You must return this merchandise with your
RM # attached to the outer packaging / shipping label.
- You are required to re-ship the item on a pallet (if it was shipped
on a pallet)
- You must include a copy of your original invoice that must accompany
your returned shipment. This invoice must include the RM #
written clearly on the invoice.
- You will be charged a re-stocking fee of 35%. In addition, you
will be responsible for re-shipping (at your own cost) the returned
merchandise.
- Merchandise must arrive into our warehouse within 10 days of us
agreeing to accept the return. If merchandise is not received
within this period or not correctly packed, Seasonal Living trading Co
retains the right to refuse acceptance of the product and it will be
returned to you at your own expense.
- Once we received your returned merchandise, we will inspect it for
damage / soiling. If the goods are returned damaged, soiled we
will not provide you with an in store credit.
- Seasonal Living Trading Co., does not provide refunds. We will
however, provide you with an in store credit, which must be used within
a 6 month period from the date of return. Failure to use this
refund during this period will result in you losing the refund.
- Exchanged merchandise will incur the same re-stocking fees as stated
above. In addition, Buyer will incur new handling and shipping
charges.
LIMITATION OF LIABILITY
SEASONAL LIVING TRADING LTD. CO.'S LIABILITY SHALL BE LIMITED TO THE
PRICE PAID FOR PRODUCT. IN NO EVENT SHALL SEASONAL LIVING TRADING LTD.
CO. BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL
DAMAGES RESULTING FROM PERFORMANCE OR FAILURE TO PERFORM UNDER THIS
SALE, OR FROM THE FURNISHING, PERFORMANCE OR USE OF ANY GOODS OR
Services SOLD PURSUANT HERETO, WHETHER DUE TO A BREACH OF CONTRACT,
BREACH OF WARRANTY, NEGLIGENCE, OR OTHERWISE.
SEASONAL LIVING TRADING LTD. CO. SHALL NOT HAVE ANY LIABILITY TO OTHERS
FOR INDIRECT OR PUNITIVE DAMAGES OR FOR ANY CLAIM BY ANY THIRD PARTY
EXCEPT AS EXPRESSLY PROVIDED HEREIN.
TAXES
Prices do not include any sales, local or similar taxes. Texas
residents and orders delivered in Texas will be charged Sales Tax.
Buyer shall pay all such taxes, or in lieu thereof, Buyer shall provide
Seasonal Living Trading Ltd. Co. with an appropriate tax exemption
certificate.
BUYER/TECHNICAL
SUPPORT
Seasonal Living Trading Ltd. Co. expects its technical support people
will be able to handle problems involving Seasonal Living Trading Ltd.
Co. Products over the telephone. However, Seasonal Living Trading Ltd.
Co.’s support people may not be able to understand or resolve a
particular problem. While Seasonal Living Trading Ltd. Co.
representatives or Seasonal Living Trading Ltd. Co. dealers may be able
to assist you and may make recommendations; they are NOT authorized to
vary or waive this disclaimer. Purchasers must determine for themselves
the suitability and compatibility of the products in each and every
particular instance.
VENUE/GOVERNING
LAW/WAIVER OF JURY TRIAL
This Agreement shall be governed by, and construed and enforced in
accordance with, the laws of the State of Texas. The parties hereby
waive trial by jury with respect to any dispute relating to this
Agreement or Buyer’s order. The parties agree that any
controversy or claim arising out of or relating to this Agreement, or
the breach thereof, at the election of the initiating party, shall be
adjudicated either by the courts of the State of Texas or the United
States of America Western District Court for the Western District of
Texas, where applicable, or by arbitration in Austin, Texas, in
accordance with the commercial arbitration rules of the American
Arbitration Association (“AAA”) and judgment upon the award
rendered by the Arbitrator may be entered in any court having
jurisdiction and venue or venue as provided above. Each party agrees to
personal jurisdiction in any of these forums for dispute resolution and
will not challenge the service of process, the legal authority or the
jurisdiction of any proceedings.
ATTORNEYS' FEES
In any action or proceeding between or among the parties hereto to
interpret or enforce any of the provisions hereof, the prevailing party
shall, in addition to any other award of damages or other remedy, be
entitled to reasonable attorneys' fees and costs.
HEADINGS
The section headings used herein is for convenience or reference only
and do not form a part of these terms and conditions, and no
construction or inference shall be derived there from.
FORCE MAJEURE
Seasonal Living Trading Ltd. Co. shall not be liable for any delay or
failure in performance caused by or resulting from acts of God, fire,
flood, accident, riot, war, government intervention, embargoes,
strikes, labor difficulties, equipment failures, or any other causes
beyond the control of Seasonal Living Trading Ltd. Co. Quantities are
subject to availability. In the event of shortage, Seasonal Living
Trading Ltd. Co. may allocate sales and deliveries at its sole
discretion.
WAIVER/
INVALIDITY
Failure of Seasonal Living Trading Ltd. Co. to insist upon strict
performance of any provisions hereof shall not be deemed a waiver of
its right and remedies. If any provision of this Agreement is deemed by
a court to be unenforceable, the remainder shall stay in effect.
CHANGES TO
SEASONAL LIVING TERMS AND CONDITIONS
Seasonal Living Trading Co., retains the right to alter, modify or
change any of its business Terms and Conditions at any time.
Contact Seasonal Living Trading Co., or visit our website for a copy of
our current Terms and Conditions.
|