Furniture Terms & Conditions
Scope of Work
Benson Stone Company, Inc. (BSC) shall furnish the materials and perform the work as specified on the Order. Once this Sales Order is executed by the customer it becomes an obligation binding on them.
Modifications: The Order price is subject to change if changes to merchandise or specifications are made after signing of the Order. All changes or modifications to the Order will be executed only upon a written order for the same, signed by the Customer. Any additional charges for such changes or modifications will be added to the contract price of the signed Order.
Deliveries: The site must be ready for delivery. The Customer is responsible for payment in full of any balance due at the time of delivery. It is the Customer’s responsibility to determine that the merchandise ordered will fit into the space and through any obstacles such as doorways, elevators, and stairwells. Customer is responsible for removing all existing furniture. The delivery fee is for a “standard” delivery with 2 men to an easily accessible location. BSC reserves the right to refuse delivery if conditions may be harmful or dangerous to delivery personnel. If no responsible party is on site to make payment or allow access to the building, BSC will wait at the delivery location for a maximum of 10 minutes before leaving. If any of the conditions above result in additional time on the job, there will be a charge of $75 per man-hour for the extra time required on the job. An additional standard delivery fee will apply if the delivery is postponed until a later time. The additional charges will be added to the contract price of the signed Order.
Responsibilities: is responsible for removal and disposal of existing furniture unless removal or disposal is specifically included in the Order. Is responsible for providing a clear path to the delivery location, removing all impediments including snow & ice, breakables, valuables, and other small items from the delivery area. The Customer is responsible for incidental damage to walls or doorways that are a result of tight or difficult site conditions.
Conditions Affecting Performance: BSC shall not be held to have violated this agreement by reason of delays, resulting from strikes, accidents or other circumstances beyond its control including, but not limited to, changed, undisclosed, or unanticipated conditions at the site of delivery, or the general unavailability of the selected materials. Orders cannot be canceled or
refunded unless the delivery of merchandise is delayed more than eight (8) weeks beyond the approximate order time shown on the Order.
Customer Damages: BSC shall not, under any circumstances, be liable to the Customer or end user for consequential damages. Any and all damages resulting from a breach of this agreement or negligence by Benson Stone shall be the lesser of the contract price set forth on the signed Order or the cost of repair.
Cancellations, Returns, & Refunds: Special order items are defined as any item that is not in stock at the time the order is placed, and must be ordered from the supplier to fill the customer Order. Display items are not considered to be stock items unless the customer is expressly purchasing the display model, and the Order is noted as such. Stock items are defined as any item that is delivered from stock that is in the BSC showroom or warehouse at the time the order is placed. Orders for stock items can be canceled with a full refund of any deposit if the cancellation is received before delivery and within 7 days from the Order date. Special order merchandise cannot be canceled. THE FULL ORDER AMOUNT IS DUE, EVEN IF THE CUSTOMER NEVER ACCEPTS DELIVERY OF MERCHANDISE. Any merchandise returns or
refunds after delivery to the customer, or pick-up by the customer, are allowed only at the sole discretion of BSC, must be within 30 days from the date of purchase, and are subject to a 25% handling charge.
Customer’s Acceptance of Delivery: The customer agrees to pay any remaining balance due for merchandise that has not been accepted for delivery within 30 days from the date the merchandise is available for delivery. If merchandise has not been delivered within 90 days of it’s availability, customer agrees to pay a storage fee of 0.1% of the value of the merchandise per day for each day thereafter. Customer agrees to accept final delivery of all merchandise within 180 days of it’s availability (even if paid in full). If BSC has not received payment in full as required, or if the merchandise has not been accepted for delivery within 180 days of it’s availability, BSC will give final notification to the customer (at the address shown on reverse) giving the customer 30 days to either provide payment, or accept delivery, as required. If the customer fails to fulfill these terms within the 30 days, then customer agrees that BSC may dispose of the merchandise at its discretion and apply any payments or deposits to the balance due (including storage fees). BSC retains the right to pursue collection of any remaining balance due.
Damaged or Defective Merchandise: Any damage or defect must be reported to BSC by the end of the first business day following delivery. The merchandise will be repaired or replaced at the sole discretion of BSC. Any defect in the merchandise reported after that time will be subject to the terms and conditions of any available manufacturer’s warranty. There will be no compensation for loss of use or inconvenience experienced as a result of any warranty claim.
Customer Pick-ups: Customers who elect to pick-up their merchandise from BSC are solely responsible for the loading and securing of the merchandise. BSC will help upon request, but is not liable for any damages in doing so. It is the customer’s responsibility to thoroughly inspect the merchandise prior to loading, and to bring any damage or defect to the attention of BSC before loading begins. Any damages to the merchandise during loading or thereafter are the responsibility of the customer.
Payment and Breach of Payment Terms by Customer: All invoices shall be due and payable as agreed on the Order. BSC shall be entitled to recover from any of the undersigned Customers, any and all damages which BSC sustains by reason of any default or breach of the terms of this agreement by the Customer, including any and all attorneys’ fees and costs. BSC shall further be entitled to interest at the rate of eighteen percent (18%) per annum accruing from the payment due date.
Venue/Jurisdiction/Choice of Law: Any action, claim, counterclaim, proceeding or suit, whether in law or equity, at any time arising under or in connection with this order must be brought in the State of Illinois Circuit Court for the 17th Judicial Circuit in the County of Winnebago or the United States District Court for the Northern District of Illinois, Western Division. The undersigned hereby unconditionally submits to the jurisdiction of such court to each such action and hereby waives any objection the undersigned may now or hereafter have to the venue of any such action brought in said court. THE UNDERSIGNED HEREBY KNOWINGLY AND VOLUNTARILY WAIVES JURY TRIAL IN RESPECT TO ANY ACTION.
No Express or Implied Warranties: Seller shall assign all transferable warranties of the manufacturer, if any, to Customer. SELLER MAKES NO WARRANTY OF ANY KIND WITH RESPECT TO THE MERCHANDISE, WHETHER EXPRESS OR IMPLIED. CUSTOMER WAIVES ANY RIGHT OF WARRANTY OF MERCHANTABILITY, WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE AND/OR WARRANTY OF GOOD TITLE.