Terms & Conditions



Sales Terms and Conditions

THIS AGREEMENT GOVERNS YOUR PURCHASE OF PRODUCTS FROM SEASONAL LIVING TRADING, LTD. CO., A TEXAS LIMITED LIABILITY COMPANY (“SEASONAL LIVING”) 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 between Seasonal Living and the purchaser of the Seasonal Living products (the “Buyer”). 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 shall be subject to acceptance by Seasonal Living.  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 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, such extended warranty documentation.  Our SeasonalLiving.com website includes Warranty information for each product.  If you cannot locate this Warranty information, please call our Sales Office on 512-554-5738 and we will be happy to forward you a copy.   SEASONAL LIVING EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING WITHOUT LIMITATION – IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

SPECIALS / CLOSE OUTS. ALL MERCHANDISE SOLD BY SEASONAL LIVING UNDER A CLOSE OUT SALE IS SOLD AS-IS AND WITH ALL FAULTS.  NO IMPLIED OR EXPRESS WARRANTIES, RETURNS, EXCHANGES, CREDITS OR REFUNDS WILL BE PROVIDED FOR CLOSE OUT MERCHANDISE.  Invoices will indicate whether any products purchased by the Buyer are being sold as part of a Close Out sale.

PRODUCT SPECIFICATION. Seasonal Living continually updates and revises its products. Seasonal Living 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 representative will communicate latest product information if any order is received via telephone.

ACCURACY OF INFORMATION. Seasonal Living 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 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’s sales department about the complete product line, product specifications, pricing, etc. All financial transactions that take place between Seasonal Living and a Buyer will be separate from any information supplied on the Seasonal Living’s website. Only information and pricing supplied by the Sales Department will constitute the terms for sale.

HAND MADE PRODUCT VARIATION. Because some items are hand stained/finished, finish accents and sizes may vary from piece to piece.  Each piece is unique and one of a kind character. This is not uncommon and is to be expected with hand-made merchandise.  If you require an exact size of product from any one of our hand-made collections, then you must specify this at the time of your order.  IF YOU DO NOT SPECIFY AN EXACT SIZE, THEN SEASONAL LIVING IS NOT OBLIGATED TO ACCEPT RETURNS.  WE DO OUR BEST TO MAKE SURE THE PRODUCTS YOU RECEIVE ARE AS CLOSE TO THE DESCRIPTIONS WE PROVIDE.

MINIMUM OPENING ORDERS. Minimum opening orders vary according to customer type. Please inquire with Seasonal Living or one of its sales representatives for specific details.

PRICING. Seasonal Living reserves the right to update it prices at least every calendar quarter.  Please submit your purchase order and prices will be re-confirmed to you.  Prices are subject to change at any time.  Posted prices do not include taxes or charges for shipping and handling.  All such taxes and charges will be added to your invoice.

THE ORDER PROCESS.

If you choose to place an order for merchandise with Seasonal Living, you agree to abide by the following order process:

  • You will either submit a Purchase Order in writing to Seasonal Living through e-mail, fax, website or mail. Alternatively, if you are with a Seasonal Living sales representative, they will complete a Sales Order for you, which you must sign.
  • Once we receive your Purchase Order, we will send you a Sales Order that confirms the current price and availability of the merchandise. The Sales Order will also contain information about product availability.  Unless we have received a written Purchase Order from you, a Sales Order is NOT CONFIRMED until Seasonal Living has received written authorization from you.  Your Sales Order will reserve your merchandise for a maximum of 10 days from the date of the Sales Order.  At the end of this period, if you have not confirmed the Sales Order and provided a method of payment, the reserved merchandise will be returned to our stock.
  • Once we receive your Method of Payment, we will commence packing of your merchandise.
  • A copy of your PAID INVOICE(S) for both your merchandise and shipping charges will be emailed to you the same day we ship the merchandise to you.

CHANGES OR CANCELLATIONS. Any item additions, quantity changes, or specification changes made to accepted orders will generate a new acknowledgement for the entire order and a new scheduled shipment date.  All sales are final, provided, however, item cancellations and quantity reductions may be made at least 10 business days prior to the scheduled shipment date.  We may without liability cancel any accepted order before shipment if our credit department does not approve your credit or if there are other problems with your payment or payment history.

RESERVED MERCHANDISE. Seasonal Living may on rare occasions permit a prospective Buyer to reserve merchandise for a limited period of time (to be determined by Seasonal Living). 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 retains the right to sell those goods to any other person or company.

PROMOTIONAL OFFERS/LIMITED OFFER PERIODS. From time to time, Seasonal Living will provide special promotional pricing and offers.  Seasonal Living 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, 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 for resale, with a 35% restocking fee incurred by the initial Buyer.

INTERNATIONAL ORDERS. Seasonal Living is able to accept orders from countries around the globe.  For orders from Mexico, The Caribbean region and Canada, we can usually handle these orders (see PAYMENT section in this Agreement) relatively easily.  For international orders from countries outside of the North American geographical region, we usually only permit full container purchases.  In some instances, Seasonal Living may permit Buyer to combine shipments from different manufacturers in the same container as long as the merchandise Buyer is purchasing originates in the same country.  Buyer assumes all additional costs for container consolidation and associated risks of container consolidation.

Buyer is responsible for making sure it provides Seasonal Living with any specific requirements regarding Customs entry.  Seasonal Living will provide details on your invoice that defines “Country of Origin”.  Any other special requests such as country of origin labels, security filing, fumigation certificates, CITES Certificates or any other special requirement that will be required to allow your merchandise to enter into your country is totally your responsibility.  FAILURE TO PROVIDE SEASONAL LIVING WITH THE CORRECT NATIONAL / FEDERAL OR LOCAL GOVERNMENT ENTRY REQURIEMENTS INFORMATION IS AT BUYERS OWN RISK AND SEASONAL LIVING WILL NOT ACCEPT ANY LIABILITY OR COSTS INCURRED BY BUYER DUE TO BUYER FAILING TO PROVIDE WRITTEN DETAILED REUIREMENTS AT TIME OF PURCHASE AND ON BUYER’S PURCHASE ORDER .

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 approximately 3 months from the date that you place your order.  However, 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.  Product care information will be supplied to you at the time we ship your merchandise.  If Product Care is not included with your shipment, please visit our product care section located on the SeasonalLiving.com website.  Should you ever want to review this information in advance, please contact us and we will be happy to forward this information to you.  Failure to care properly for a product may void any warranty associated with such product.

PAYMENT. Payment in full must be made at the time of order unless Credit Terms have been established. No C.O.D. orders are accepted. We accept the following forms of payment: US Dollars, wire transfers to the Seasonal Living 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 will charge credit cards upon order. Merchandise is shipped only upon receipt of payment or Terms if agreed in advance with Seasonal Living.

For Orders placed outside of the United States and Canada, the only acceptable forms of payment are: Wire Transfer,  full payment in cash (US Dollars) or through PayPal.com only.

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 requires that you provide detailed and completed Trade and Banking credit information which Seasonal Living will forward to you when you request terms.  If you do not return fully completed and accurate Seasonal Living trade and banking credit forms, we will not process your credit request.
  • Seasonal Living 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 retains the right to terminate Credit Terms with you at any time.

LATE PAYMENT FEES. In the event that Seasonal Living 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% per month of your total order including all shipping charges.  These Late Payment Fees must be settled in full before Seasonal Living will engage in further business transactions with you.

CREDIT COLLECTION AGENCIES. In the event that you choose not to settle your account within the Credit Term period, Seasonal Living retains the right to pass your account 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 and any associated legal costs incurred by Seasonal Living in their attempt to collect late fees.

RETURNED CHECKS. Checks returned to Seasonal Living for lack of sufficient funds will automatically be charged a $50 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 may at its sole discretion agree to store merchandise paid in full for a limited period of time. It is Seasonal Living’s right to determine the duration of the storage period. In the event that a Buyer does not return to Seasonal Living’s warehouse to collect the merchandise after the agreed upon date of the storage term, Seasonal Living reserves the right to:

  • 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.
  • 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.  Merchandise will only be released to the Buyer once all storage and penalty fees have been paid in full.

Seasonal Living 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 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 to Buyer upon shipment from the Seasonal Living warehouse.

SHIPPING. Shipping is FOB Austin, Texas unless otherwise agreed in writing between both parties.  Seasonal Living is not liable for any delays in shipping.

Prices do not include handling charges.  Due to the broad range of products that Seasonal Living 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 14-22% of total purchase price depending upon the class of product being shipped.

Seasonal Living will notify you by e-mail once your product has shipped.  Seasonal Living will provide you with a copy of your merchandise invoice and a copy of your shipping invoice.  In addition, Seasonal Living will provide you with a tracking number.  You can choose to monitor your shipment by logging on to the website provided by Seasonal Living to track your shipment.  Delivery times vary and deliveries only take place Monday through Friday.  Commercial customers will not receive notice as to when their shipment will be delivered unless they specifically request this additional service.  Commercial deliveries will be made during normal business hours.  All residential customers 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 storage and 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 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 retains the right to charge you for additional services

You will incur additional shipping charges if you do not provide detailed written information to us regarding the shipping address – For example, if you reside or your business is located in an area that does not provide easy access for a large delivery vehicle (e.g. narrow road access, low-hanging branches that do not permit access by large delivery commercial trucks etc.) you must advise us of this information in advance or the shipping company will charge additional fees, which we will follow up and charge you.

Seasonal Living does not deliver directly to residential home addresses (unless agreed with the buyer in advance).  Seasonal Living will deliver residential orders to a local furniture delivery company.  If you do not know of a reliable local delivery service within your area, please contact us and we will try to assist you in finding a company that can assist with the delivery.

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. IF YOU RECEIVE INCORRECT MERCHANDISE AND YOU CHOOSE TO DISPOSE OF ANY OF THE PACKING MATERIALS, YOU WILL BE REQUIRED TO PAY A FEE FOR US TO REPACKAGE THE PRODUCT TO ENABLE US TO COLLECT AND TRANSPORT THE PRODUCT BACK TO SEASONAL LIVING.  PRODUCTS MUST ARRIVE IN RE-SELLABLE CONDITION.  IF PRODUCTS ARRIVE BACK IN OUR WAREHOUSE AND ARE DAMAGED DUE TO INSUFFICIENT OR POOR PACKING, YOU WILL BE CHARGED THE PRICE OF THE PRODUCT.

DELIVERY. Seasonal Living 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 Buyer agrees 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. When Seasonal Living ships merchandise from the Seasonal Living 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 requires that you closely adhere to the following requirements for Seasonal Living 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 truck 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 do so will render your claim invalid.
  • 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 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 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 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 will not re-ship merchandise to you until your shipping damage claim is resolved.

DROP SHIP ORDERS. Drop shipment of some Seasonal Living items is possible.  Unless agreed in advance, all drop shipped orders will encounter an additional 35% 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 35% additional charge.

RETURNS/EXCHANGES. All sales are final.  However, Seasonal Living may choose to accept returned goods or exchange goods at its sole discretion and upon the following conditions:

  • Returns are not accepted on any promotional or closeout/specials merchandise.
  • Returns may only be accepted on items paid at full price.
  • No refunds or credits are issued on shipping charges.
  • You are required to contact Seasonal Living and explain why you wish to return an item.
  • If you receive an item that you do not like, you must contact Seasonal Living within 1 week of receipt of that item.  Seasonal Living retains the right to determine if we will accept your product for returns.
  • In the event that Seasonal Living 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) in its original packaging.
  • 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 is not correctly packed, Seasonal Living 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 and soiling.  If the goods are returned damaged or soiled we will not provide you with an in-store credit.
  • Seasonal Living does not provide refunds.  We may 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 shipping and handling charges.
  • If your product has a manufacturing defect, you must notify us in writing including clear, easy to view photos, a detailed description of what occurred to the product.  Upon review, Seasonal Living will repair or replace defective merchandise covered under (and within the time frame of) our product Warranties.  If we cannot determine the cause of the product defect from your description and photos, we may require that you ship the defective merchandise back to Seasonal Living.  It is important that your defective merchandise arrives well packed and in good shipping order – failure to receive the goods intact and in good standing will render your claim void.  We do not cover return goods shipment charges – these are incurred at your own cost. If the merchandise is found to be defective, we will replace the merchandise and ship the product back to you at our cost.  Our obligation is to only replace defective pieces and not the entire item.  For example: If you have a defective piece of furniture but the cushions are in good condition, we are only required to replace the defective furniture and not the cushions.

LIMITATION OF LIABILITY. SEASONAL LIVING’S LIABILITY SHALL BE LIMITED TO THE PRICE PAID FOR THE PRODUCTS ORDERED. IN NO EVENT SHALL SEASONAL LIVING 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 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 provide Seasonal Living with an appropriate tax exemption certificate.

BUYER/TECHNICAL SUPPORT. Seasonal Living expects its technical support people will be able to handle problems involving Seasonal Living products over the telephone. However, Seasonal Living’s support people may not be able to understand or resolve a particular problem. While Seasonal Living representatives or Seasonal Living dealers may be able to assist you and may make recommendations, they are NOT authorized to vary or waive this disclaimer. Buyer 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 specifically disclaim application of the Convention on Contracts for the International Sale of Goods.  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 are 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 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.  Quantities are subject to availability. In the event of shortage, Seasonal Living may allocate sales and deliveries at its sole discretion.

WAIVER/INVALIDITY. Failure of Seasonal Living 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.

SEVERABILITY. If any part of this Agreement is unlawful, void, or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of any remaining provisions.

CONFLICTING TERMS. To the extent a proposal, purchase order, confirmation letter or the like is inconsistent with this Agreement, unless expressly agreed in writing otherwise, this Agreement will govern.

CHANGES TO SEASONAL LIVING TERMS AND CONDITIONS. Seasonal Living retains the right to alter, modify or change any of its business Terms and Conditions at any time.  Contact Seasonal Living or visit our website for a copy of our current Terms and Conditions.

Last updated December 10, 2010