Order Terms and Conditions
These Order Terms and Conditions are incorporated by reference in the order invoices (the “Invoices”) provided by Petersen Furniture International (the “Company”). By accepting an Invoice from the Company, you, as a customer (“Customer”), agree to the following Order Terms and Conditions.
Request for and Issuance of Quotes
Customers may initiate the order process by submitting a request for a quote. All requests must include sufficient detail to allow for accurate pricing estimates. Upon receipt of a request, the Company will issue a written quote specifying the pricing, quantities, and other relevant terms. Quotes must be accepted in writing by the Customer (including by email or other electronic confirmation). No order shall be binding upon the Company unless and until the Company receives full payment from the Customer. All written quotations provided by the Company are valid for 30 days unless otherwise specified in writing.
Invoicing and Payment
Following acceptance of the quote, the Company will issue an Invoice to the Customer. The Invoice will include a secure link for payment. Payment must be received in full before the Company places a purchase order with the manufacturer.
Order Processing
Upon receipt of full payment, the Company will issue a purchase order to the appropriate manufacturer to fulfill the Customer’s order.
No Cancellations or Changes After Payment
Once payment has been made and/or a purchase order has been received and acknowledged with the Company, orders may not be cancelled, modified, or refunded, except as expressly agreed in writing by the Company and subject to a MINIMUM $250 change order fee plus any applicable labor, material, and administrative charges.
Color/ Texture Disclaimer
Stains, finishes, fabric colors and other similar features may appear different on certain browsers and colors may not be accurate and textures may not be properly visualized as a result of photographic, Internet and computer inaccuracies and many other factors beyond the Company’s control. Therefore, the Company cannot guarantee that the product colors, textures and stains and grains you see displayed on the Company Site are an exact representation of the product. If critical matches, including critical stain matches, are needed, Customers should order a sample prior to placing an order with the Company. However, due to the inherent characteristics of natural wood, variations in grain, color, texture and pattern are to be expected and are not considered defects. Accordingly, the Company does not guarantee the appearance of wood products, including conformity to the samples provided. All woods items are sold as-is with respect to natural variation, and the Company shall not be liable for any differences in appearance, tone, or grain pattern between individual pieces or between the product and any sample or display.
Special Matching
If Customer places an order to match a previous order, it must be clearly stated on the order, with reference made to the original invoice or acknowledgement number and date. Some products may have been discontinued or modified by the manufacturer. The Company is not responsible for supplying products and/or finishes that may be discontinued, and the Company is not liable for products that have been modified by the manufacturer. It is the Customer’s responsibility to re-confirm the color and/or texture of a product by ordering a swatch.
Shipping and Delivery
Shipping is arranged by the Company based on rates provided by the manufacturer’s selected carrier. Specific carriers are identified when the product ships, and the Company will provide tracking information to the Customer. If the Customer prefers to arrange its own freight using a specific carrier, it must notify the Company in advance and coordinate directly with the carrier. In such cases, the Company reserves the right to charge a handling fee. All shipping and delivery dates provided are estimates only; we make the best effort to meet the required ship date. Shipping is subject to unavoidable delays caused by material shortages, strikes, accidents, or other causes beyond the Company’s control. The Company shall not be liable for delays or failure to deliver within the estimated timeframe; and no penalties, deductions or chargebacks will apply due to delayed shipments. Any additional freight charges incurred by the Company will be invoiced to the Customer.
Damage Claims
The Company is not liable for transit damage. The Customer must inspect all goods upon delivery and note any damage or shortage on the carrier’s receipt before signing, in accordance with the Company’s Freight Protocol as provided by the Company upon shipment of the product. Failure to follow the Company’s Freight Protocol constitutes acceptance and waiver of claims.
Returns
The Company will not accept returns once payment for an order has been made. Products which Petersen Furniture International supplies are manufactured to the Customer’s specifications and as such are considered custom orders. Therefore, all sales are final. No returns will be accepted unless authorized by the Company.
Product Specifications
Frequently, new production techniques and materials are adopted in order to improve quality, durability or efficiency. The Company reserves the right to incorporate new materials or make modifications in design, construction, wood finishing, upholstering, or in the dimensions of the product line, without prior notice. The uniqueness in the manufacture of certain items may cause slight variations in the dimensions, weights or other specifications.
Product Warranty
The Company does not manufacture the products it sells and makes no warranties, express or implied, with respect to any product. Products may be covered by the manufacturer’s warranty, if any, as provided with the product or otherwise made available by the manufacturer. The Company shall, to the extent permitted, pass through to the Customer any such manufacturer’s warranty. The Company shall not be obligated to service, repair, or replace any product, or to undertake any warranty-related responsibilities. Any servicing must be coordinated in accordance with the manufacturers’ warranty procedures. EXCEPT FOR THE MANUFACTURERS’ WARRANTY SPECIFICALLY IDENTIFIED TO A PRODUCT, THE COMPANY DISCLAIMS ALL OTHER WARRANTIES OF ANY KIND FOR ANY PRODUCT ON THIS WEBSITE, EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, COURSE OF DEALING, USAGE OF TRADE, AND NON-INFRINGEMENT. IF YOU PURCHASE AN ITEM FROM US AND YOU USE THE ITEM AS PART OF YOUR MANUFACTURING OR CREATING A SEPARATE FINISHED PRODUCT THAT USES THE ITEM PURCHASED FROM US AS A COMPONENT FOR THAT PRODUCT, YOU ARE RESPONSIBLE FOR ANY AND ALL LIABILITY TO THE FINISHED PRODUCT YOU HAVE MANUFACTURED OR CREATED. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Limitation of Liability
TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL WE, OUR AFFILIATES, OR OUR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE TO ANYONE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF (OR INABILITY TO USE) THE PRODUCTS, OR ANY INTERRUPTION, INACCURACY, ERROR, OR OMISSION, REGARDLESS OF THE CAUSE, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF SALES, LOSS OF PRODUCTS, GOODS, OR PROPERTY, INCLUDING, BUT NOT LIMITED TO, FOOD SPOILAGE, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, OR LOSS OF ANY OTHER ECONOMIC ADVANTAGE, AND WHETHER OR NOT CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE. THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.