Conditions of Use and Order Terms
Terms Acceptance: By initiating an order with efurnitureMax, LLC ("Seller") through any method including online purchase, phone purchase, quote agreement, or Purchase Order, Buyer is agreeing to the following terms of this Sales Agreement in its entirety.
Order and Quote Accuracy: Seller makes its reasonable efforts to ensure that all quotes reflect the Buyer's requested items, options, and quantities. It is the Buyer's responsibility to verify that all items, product options, and quantities on the Quote are accurate. Buyer agrees Seller will not be held liable for any Quote inaccuracies or financial consequences of inaccuracies for Quotes that have been reviewed and accepted by the Buyer. For online purchases, it is the Buyer's responsiblity to verify the accuracy of all items, product options, and quantities in the cart. Buyer agrees that Seller will not be held liable for incorrect items ordered through the online checkout or financial consequences resulting from these errors.
Order Cancellation: Buyer acknowledges that an order may not be eligible for cancellation once submitted and processed for fulfillment. Seller will use its commercially reasonable effort to honor any cancellation request of Buyer, but Buyer must strictly follow Seller’s return policy, in part as outlined in this Agreement, if it is too late to cancel. Custom products that have already entered production may incur sizeable restocking fees, or may not be eligible for cancellation, depending on how far along in the production process they have advanced. Any changes to an order after Buyer's acceptance may incur fees, for which the Buyer is responsible (re-routing after shipment, adding delivery services, etc.).
Pricing: All prices are subject to change without notice. In the rare event that a product is listed at an incorrect price due to a website error, Seller will resolve the discrepancy, at our discretion, on all orders placed for the product listed at the incorrect price. This resolution may involve coming to an agreed upon price with the customer or a cancellation of the order, resulting in a full refund.
Venue/Governing Law/Fees/Jury Trail: This Agreement has been made and shall be construed and interpreted in accordance with the laws of the State of Indiana, and any dispute of any kind relating to, connected with or arising out of this Agreement in any fashion (“Dispute”) shall only be heard and decided exclusively in the Superior Courts of Marion County, Indiana, and Buyer waives any (i) objection to such exclusive venue, and (ii) right it may have to a trial by jury in respect of any legal action arising out of or relating to this Agreement. Buyer agrees to reimburse Seller for Seller’s reasonable attorneys’ fees, costs, and expenses of any kind in connection with such Dispute.
Payment: Prepayment via credit card, check, or bank transfer is required to release an order, unless the Buyer is offered terms with prior approval. Purchase Orders with net 30 terms are accepted from schools, government organizations, and some companies, but will require preapproval. All delinquent invoices are subject to 1.5% interest per month. Any tax imposed by federal, state, or other governmental authority on the sale of the merchandize and service referred to on this order shall be paid by the Buyer. Transfer of title and/or ownership and/or use rights of any kind in the products and items of each and every kind proposed to be sold by Seller to Buyer under this Agreement (collectively, “Goods”) shall not pass to Buyer until Buyer has paid in full the purchase price to Seller.
Delivery: Orders will ship via FedEx/UPS, or via LTL freight carrier, depending on the size of the shipment or item (s). If free freight is offered, it includes FedEx Ground, UPS Ground, and tailgate freight only. The Buyer will be responsible for unloading all LTL freight shipments from the tailgate, and shall bear all risk of loss associated with same, unless additional services are requested at the time of ordering. Additional freight services such as a lift gate or inside delivery are available upon request, for an additional charge. Any delivery services added at the time of delivery will be billed to the Buyer at cost.
Damages & Shortages: For all freight shipments, any damages or shortages must be noted on the delivery receipt before signing to be eligible for a claim. Seller must be notified within 24 business hours of any freight damage or shortages due to the limited window that freight carriers provide for filing a claim. Please note that any damages or shortages not written on the delivery receipt are subject to the carrier's grace. Seller cannot be held liable for any freight damages or shortages not noted at the time of delivery. For FedEx/UPS shipments, please notify Seller within 5 days of receipt if there is damage.
Shipment Refusals: The Buyer is responsible for any return shipping costs due to shipment refusals, or undeliverable shipments. The Buyer is also responsible for any restocking fees charged by the manufacturer due to a refusal. If the item is not eligible for return, the shipment will be refused by the manufacturer and the Buyer will incur all charges.
Returns: Orders eligible to be returned according to the Seller's return policy must be initiated within 30 days. Custom products are not eligible for return due to their nature. All Goods and items must be returned in the original condition, and in original packaging. All returns must be preauthorized and accompanied by an RMA number for identification. Multi-piece orders over $750 will incur a restocking fee of 35%. The Buyer is responsible for arranging and paying for return shipping of any standard return, unless the return is a result of a Seller’s error.
Defective Products/Disclaimer: Within 30 days, the Seller will either replace or refund any defective products or parts that comprise Goods, using Seller’s discretion, with replacement as a priority. After 30 days, products and parts that comprise Goods are subject to the warranty as provided by the manufacturer, and information regarding manufacturer’s warranty may be found on/in manufacturer’s website, catalogues and other materials, and/or by contacting manufacturer directly. The Seller provides complimentary warranty service and will facilitate a warranty claim on behalf of the Buyer, but cannot take responsibility for the final resolution as these decisions are up to the manufacturer. EXCEPT FOR THE EXPRESS WARRANTIES IF ANY SET FORTH IN THIS AGREEMENT, SELLER MAKES NO WARRANTY WHATSOEVER WITH RESPECT TO THE GOODS, INCLUDING ANY (a) WARRANTY OF MERCHANTABILITY; (b) WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE; (c) WARRANTY OF TITLE; OR (d) WARRANTY AGAINST INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY; WHETHER ARISING BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE, OR OTHERWISE. BUYER ACKNOWLEDGES THAT IT HAS NOT RELIED UPON ANY REPRESENTATION OR WARRANTY MADE BY SELLER, OR ANY OTHER PERSON ON SELLER'S BEHALF, EXCEPT AS SPECIFICALLY PROVIDED IN THIS AGREEMENT.
Image Color Policy: Due to computer monitor settings and photographic lighting, the color of an item may appear different in person. Please request a product sample or swatch prior to purchase to determine if the color meets your expecations. Accuracy of product color is not guaranteed.
Dye Lots & Color Variations: Some products will be subject to dye lot variations as part of the manufacturing producess. These variations are to be expected across production runs. If you are attempting to match existing products, please contact our sales team for assistance with samples.
This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective heirs, personal representatives, successors and permitted assigns. The section and paragraph headings contained herein are for convenience of reference only and are not intended to define, limit or describe the scope or intent or any provision of this Agreement. This Agreement constitutes all of the understandings and agreements of whatsoever nature or kind existing between the parties with respect to the Goods. This Agreement cannot be modified or changed except by another agreement in writing signed by Seller and Buyer. Nothing contained in this Agreement shall constitute or be construed to be or create a partnership or joint venture between the Seller or its successors or assigns, and the Buyer or its successors or assigns. This Agreement may be terminated at any time by Seller. The Seller, its members, managers, officers, agents, and employees, shall not be liable to any person for any action or omission, negligent, tortuous or otherwise, of any agent or employee of the Seller or the Buyer in the performance of this Agreement, except to the extent such acts are determined to have been the result of the fraud, gross negligence, or intentional misconduct of any of the Seller or the Seller’s members, managers, officers, agents, and employees, and the Buyer hereby agrees to indemnify, defend and hold harmless the Seller, its members, managers, officers, agents, and employees, from and against any liability, loss, damage, cost or expense (including reasonable attorneys’ fees) by reason of any such act or omission except to the extent such acts are determined to have been the result of the fraud, gross negligence, or intentional misconduct of any of the Seller or the Seller’s members, managers, officers, agents, and employees. Notwithstanding anything in this Agreement to the contrary, all of the obligations of the Seller contained in this Agreement are limited in that the Seller is only required to use its reasonable efforts to accomplish the desired result or to prevent the undesired result, and the liability of the Seller for breach of the provisions of this Agreement shall be limited to gross negligence or willful violations of such obligations. The Buyer shall provide written notice to Seller of any purported breach or default of Seller within ten (10) days of the time it first comes to the knowledge of Buyer, otherwise such shall be deemed waived. Buyer shall at all times comply with all laws applicable to this Agreement, Buyer's performance of its obligations hereunder, and Buyer's use or sale of the Goods. Without limiting the generality of the foregoing, Buyer shall (a) at its own expense, maintain all certifications, credentials, licenses, and permits necessary to conduct its business relating to the purchase or use of the Goods and (b) not engage in any activity or transaction involving the Goods, by way of shipment, use or otherwise, that violates any law. Seller makes no guarantee, warranty or representation of any kind. Buyer agrees it shall have no setoff rights of any kind. EXCEPT FOR OBLIGATIONS TO MAKE PAYMENT UNDER OR COMPLY WITH THIS AGREEMENT, SELLER'S AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT, WHETHER ARISING OUT OF OR RELATED TO BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, SHALL NOT EXCEED THE TOTAL OF THE AMOUNTS PAID TO SELLER PURSUANT TO THIS AGREEMENT. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, BUYER ASSUMES ALL RISK AND LIABILITY FOR THE RESULTS OBTAINED BY THE USE OF ANY GOODS, WHETHER IN TERMS OF OPERATING COSTS, GENERAL EFFECTIVENESS, SUCCESS OR FAILURE, AND REGARDLESS OF ANY ORAL OR WRITTEN STATEMENTS MADE BY SELLER, BY WAY OF TECHNICAL ADVICE OR OTHERWISE, RELATED TO THE USE OF THE GOODS.