TERMS & CONDITIONS OF SALE
The following Terms and Conditions of Sale apply to all purchases of Sun furniture items. With our receipt of your signature on an order and/or your receipt of our Order Acknowledgment, the Purchaser formally agrees to these terms.
NO WARRANTY FOR USE OR WEAR
Sun makes no warranty of any kind, expressed or implied, with respect to the product’s fitness for a particular use, regardless of whether or not Sun or its representatives have been advised of the specific use to which the product will be placed. Sun is not liable for any wear, tear or other changes which result from environmental conditions, the purchaser’s placement or use of the product.
Except for any damage that may occur during shipping (which is responsibility of the purchaser), Sun guarantees its products to be free of defect at the time of delivery, and retains the right to repair any defect as remedy.
NO ALTERNATE TERMS
Sun hereby expressly rejects terms and conditions of any purchase orders submitted to Sun and will sell Sun products only according to the policies and procedures listed and described in the Terms and Conditions of Sale shown here.
NO CANCELLATION POLICY
Orders of custom furniture, lighting and accessories may not be cancelled. Purchasers are liable for full product payment.
QUOTES, PRICES AND PAYMENT POLICIES
All price quotes are subject to change based on subsequent Purchaser changes in selection of product specifications, including (but not limited to) fabric selection, finish selection, product dimension and fabrication materials.
Sun will honor quotes for a given set of furniture specifications for at least 60 days from estimate date, unless a different price expiration date has been specified to the Purchaser. If product specifications are changed, any relevant new pricing will apply.
ORDER PAYMENT AND CHANGES FEES
Orders will be accepted as firm and non-cancelable by Sun when a deposit for at least 50% of the total is received and when an Order Acknowledgment describing product specifications is provided to the Purchaser.
ANY CHANGES TO AND/OR FINAL DETERMINATION OF PRODUCT SPECIFICATIONS THAT OCCUR AFTER THE INITIAL ORDER ACKNOWLEDGMENT MAY RESULT IN A CHANGE IN PRODUCT PRICE. If this occurs, Sun will notify the Purchaser. If the amount of price change is greater than 10% of the initial order amount or $1000, additional deposit payment will be required. Lesser amounts will be added to the final balance due.
Request to change order specifications must be made to the Sun Furniture Production Department in writing. Sun, under the assumption that time is of the essence, will begin to manufacture an ordered product within 7 business days of the Order Acknowledgment date. Change order requests that are submitted in this early order stage will be processed without charge. However, change order requests submitted after this period will be subject to a minimum $50.00 administrative fee and to greater amounts up to the full deposit balance depending on the stage of product manufacture and Sun costs incurred.
Full balance due on orders must be paid prior to product release (CBD terms). Purchaser will be invoiced for this amount on each order line approximately 2 to 3 weeks prior to anticipated product completion. Full final payment of this request for balance is due upon receipt of invoice. Product will not be released and Sun retains title until final payments is received.
Payment is due on each order line as completed independent of estimated completion time frames for any other orders in progress at Sun and independent of delayed shipping and/or order consolidation requirements.
Interest at a rate of 1.5% per month will be charged and added to any balance due beginning 15 days after product completion.
Product will be moved to a commercial warehouse facility and storage fees will be charged each month at commercial warehouse rates (which will be added to any balance due) beginning 30 days from product completion. (See provisions below for Purchaser storage responsibilities.)
Product related to situations where delayed balance due payment changes have been added (as above) will not be released for shipment until all payments due have been received.
At 90 days after product completion, or after customer non- response to Sun request for specification (such as finish or drawing approval or fabric information), or sooner in the case of Purchaser bankruptcy or other similar financial situation, if Sun has not received all balances due, the Purchaser acknowledges that Sun may, at its option, both retain the initial deposit made by the Purchaser and may sell the Purchaser's ordered products and retain the proceeds as liquidated damages in lieu of any other claim for balance of the purchase price and of any additional damages incurred due to the Purchaser’s breach. Sun and the Purchaser acknowledge and agree that forfeiture of deposit(s) and retention of the proceeds of sale of the property in question as liquidated damages described above constitutes a reasonable method of compensation for damages which may be incurred by Sun as a consequence of the Purchaser’s breach of the terms and conditions herein.
The purchaser further agrees that in the event of any dispute under this Agreement, such dispute shall be settled by arbitration in Los Angeles, California in accordance with the rules of the American Arbitration Association; and judgment upon the award may be entered in any court having jurisdiction thereof. In the event that Sun shall engage counsel to enforce its rights under this agreement, the Purchaser agrees to pay to Sun all costs of collection including, but not limited to reasonable attorney fees and all costs of collection and litigation.
SHIPPING AND DELIVERY
Sun will provide the Purchaser with an estimated completion date for products ordered. However, the purchaser acknowledges that date is approximate. Due to various factors which may affect the time of manufacture of fine products. Sun will not be held liable for any specific production delay or final completion time period.
All delivery dates quoted are F.O.B. Los Angeles. Freight from Los Angeles to final destination is additional in both cost and time beyond approximate product completion date.
All shipments from Los Angeles for out-of-state delivery will be either crated and shipped via common carrier or shipper via a blanket wrap delivery service according to the request of the Purchaser and their designated freight company. If a Purchaser does not have their own shipper, as a service Sun can suggest a carrier that transits into a desired area and provide estimate charges. The freight forwarder must be aware of any unusual circumstances. If special accommodations have to be arranged, additional charges may be applicable. It is the responsibility of the Purchaser to determine that the size of the completed furniture will be suitable for access to destination area, i.e. doorways, hallways, elevators, stairwells, etc.
Once completed and fully paid, legal title to ordered products belong to the Purchaser and all costs and risks related to storage and shipment reside with the Purchaser. Purchasers agrees that they and not Sun are responsible for any change in condition of stored furniture in a non-temperature controlled environment.
Since all risk of damage or loss during shipment resides with the purchaser, Sun advises all Purchasers obtain shipping insurance and will assist (but not bear responsibility for) Purchasers in this process, if so requested.
Any Claims or problems with respect to shipping should be raised directly with the shipping company involved.
It is the Purchaser’s (or their designated representative’s) responsibility to be at the job site at the time of delivery. The merchandise must be properly examined and signed for “in good condition” before the driver leaves. If the merchandise does not pass the Purchaser’s inspection, the Purchaser must note comments on the delivery receipt.
The Purchaser assumes all responsibility for proper installation of the merchandise ordered, and Sun shall not be responsible for damage to such merchandise or the location in which it is displayed and/or used resulting from its installation or misuse.
Sun products are not returnable except upon Sun authorization due to an acknowledged defect in workmanship or materials. The Purchaser hereby agrees that manufacture of custom furniture and accessories allows for moderate variation in result from showroom samples and/or other previously constructed products of a similar type.
ADHERENCE TO CIVIL CODES
The content of Sun upholstered furniture meets the requirements of California Bureau of Home Furnishings Technical Bulletin #117. Sun cannot guarantee that furniture meets any other particular use or local and state code requirements.