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New Jersey :
280 Route 18 Norht
East Burnswick,NJ 08816
Phone 732-254-4441
| Terms & Conditions |
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Business
Policies
All orders are subject to our full terms and conditions (below).
Nothing in these conditions affects your statutory rights as a
consumer.
Standard conditions of sale
- Definitions
- "Buyer" means the person who
buys or agrees to buy the Products from the Seller.
- "Conditions" means the terms
and conditions of sale set out in this document and any
special terms and conditions agreed in writing by the
Seller.
- "Delivery date" means the
date specified by the Seller when the Products are to be
delivered.
- "Products" means those goods
specified.
- "Price" means the price for
the Products including carriage, packing and VAT.
- "Seller" means Dax USA.
- Conditions applicable
- Nothing in these conditions
shall affect the buyer’s statutory rights as a consumer.
- The Seller shall sell and
the Buyer shall purchase the products in accordance with any
written quotation of the Seller which is accepted by the
Buyer, or any written or verbal order of the Buyer which is
accepted by the Seller including but not limited to orders
placed using the Seller’s electronic online ordering
service, subject in any case to these conditions, which
shall govern the contract to the exclusion of any other
terms and conditions subject to which any such quotation is
accepted or purported to be accepted, or any such order is
made or is purported to be made, by the Buyer.
- Any typographical or
clerical or other error or omission in any sales literature,
quotation, price list, acceptance of offer, invoice or other
document or information issued by the Seller shall be
subject to correction without any liability on the part of
the Seller.
- If any provision of these
conditions is adjudged invalid or unenforceable in whole or
in part the validity of the other provisions of these
conditions and the remainder of those provisions in question
shall not be affected.
- If the Seller does not have
sufficient stock to be able to deliver the goods ordered by
the Buyer then any sum paid by the Buyer will be refunded or
re-credited to your account and the Seller will notify you
at the address given by you in your order form. The refund
will be made as soon as possible and, in any event, within
4 days of your order and the Seller will not be obliged to
offer any compensation for disappointment suffered.
- The price and payment
- Save as provided otherwise
herein the Price shall be that as stipulated in the Seller’s
published price list current at the date of order of the
Products. Any event of any increase in the cost to the
Seller of raw materials, labor, overheads, or any increase
in taxes or duties, or any variation in exchange rate the
Seller may increase the Price payable under the contract
upon written notice. If notice of price increase is given by
the seller, the buyer shall have the right to cancel the
order and receive back any sums they have paid. Notice of
cancellation must be received in writing by the seller
within seven days of delivery of the notice of price
increase to the buyer.
- Payment of the Price shall
be due at the date of the order. Time for payment shall be
of the essence. If the Buyer does not pay the Price on
notification of shipment the Seller may bring an action for
the Price even though property in the Products has not been
passed to the Buyer. If the Buyer fails to make payment as
required the Seller may suspend delivery of the Products or
any further Products ordered until payment is made in full.
- Interest on overdue invoices
shall accrue from the date when payment becomes due from day
to day until the date of payment at the rate of 2% above
Bank fee base rate from time to time in force and
shall accrue at such a rate after as well as before any
judgment.
- The products
- The quantity and description
of the Products shall be set out in the Seller’s quotation.
- The Seller may make any
changes in the specification of the Products which do not
materially affect their quality or performance required to
conform with any applicable statutory requirements where the
Products are supplied to the Seller’s specification.
- Photographs are for
illustrative purpose only, and may not exactly match the
product itself.
- Warranties and liability
- All goods supplied by the
Seller come with a manufacturer’s warranty of at least 12
months.
- The Seller shall provide the
Buyer with such information as is required to claim under
the manufacturer’s warranties. In the event of a claim, the
Buyer shall in the first instance contact the Seller’s
customer service department.
- The Seller does not provide
any warranty cover against defects in his own right.
- Except where the Buyer acts
as a Consumer all other warranties, conditions and terms
relating to fitness for purpose, satisfactory quality or
conditions of the products whether implied by statute or
common law or otherwise are excluded to the fullest extent
of the law.
- Insofar as is permitted by
law, our only liability to you under these terms and
conditions will be, at our sole discretion, to make good any
shortage or non-delivery, to replace or repair any goods
which are received by you in a damaged or defective state or
to refund to you any sums actually paid by you for the goods
in question. We will not be liable to you for any indirect
or consequential loss or damage arising out of any problem
you notify to us and will have no liability to you for any
failure or delay in delivering goods or any damage or defect
in goods delivered which is caused by any event or
circumstance which is beyond our reasonable control. Nothing
in this Clause 5 affects your statutory rights as a
consumer.
- Insolvency of buyer
- This clause applies if:
- The Buyer makes any
voluntary arrangements with its creditors or becomes
subject to an administration order or (being an individual
or firm) becomes bankrupt, or (being a company) goes into
liquidation (otherwise than for the purposes of
amalgamation or reconstruction) or
- An encumbrance takes
possession, or a receiver is appointed, of any of the
property or assets of the Buyer, or
- The Buyer, not being a
consumer, ceases, or threatens to cease, to carry on
business, or
- The Seller reasonably
apprehends that any of the events mentioned above is about
to occur in relation to the Buyer and notifies the Buyer
accordingly.
- If the Clause applies,
without prejudice to any other right or remedy available to
the Seller, the Seller shall be entitled to cancel the
contract or suspend any further deliveries under the
contract without any liability to the Buyer, and if the
Products have been delivered but not paid for the Price
shall become immediately due and payable that despite any
previous arrangement or agreement to the contrary.
- General
- Neither party shall be
liable for any delay or failure to perform any of its
obligations if the delay or failure results from events or
circumstances outside its reasonable control, including but
not limited to strikes, lock outs, accidents, war, fire,
reduction in or unavailability of power at the Seller’s
premises or its manufacturing plant, breakdown of plant or
machinery or shortage or unavailability of raw materials
from a natural source of supply, and the party shall be
entitled to a reasonable extension of its obligations.
- Any notice required or
permitted to be given by either party to the other under the
conditions shall be in writing and in the case of notices to
the Seller, addressed to the Seller at its registered office
or in the case of notices to the Buyer, at the Buyer’s
address as provided to the Seller.
- Headings
- The headings of the Clauses
in these conditions are intended for reference only and will
not affect the construction of these conditions.
- Representations
No statement, description, warranty condition or
recommendation contained in any catalogue, price list or
advertisement or communication or made verbally by any of
the Agents or Employees of the Seller shall be construed to
enlarge, vary or override in any way thereof any of these
conditions.
- Additional costs
The Buyer agrees to pay for any loss or extra cost incurred
by the Seller through the Buyers instructions or lack of
instructions or through failure or delay in taking delivery
or through any acts or default on the part of the Buyer, its
servants, agents or employees.
- Delivery Time
We offer shipping on all of our
products within the continental US. Most products are
available for immediate delivery and can be shipped within 10
business days. However actual delivery time depends on what
you actually order.
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Return Policy
Wieder is very particular about the furniture items we carry and the
manufacturers that we deal with. Returns on items from our online store are not
common. However, if you do purchase a product and decide that it is not right
for you, it can be returned within 4 days of receipt of the items. Before you
return an item, please first contact our customer service department at 718-336-5016
to obtain a Return Authorization Number (RA#) to arrange return transport of the
item. Please note that there is a restocking fee on all returned furniture
items.
Damage Claims Inspect your furniture for damage before
you sign the trucking company delivery acceptance form. Do not
sign the trucking company acceptance form until you (or your
agent) has inspected your furniture for damage during
shipping. If your furniture is damaged beyond repair refuse
delivery. In the event your furniture is damaged during
shipping notify us immediately. A place for you to record
damage will be provided to you on a receipt given to you by
the truck driver when your furniture is delivered. You MUST
list any damage on the trucking company delivery form. NO
DAMAGE CLAIMS WILL BE ALLOWED IF ITEMS ARE SIGNED FOR CLEAR!
NO CONCEALED DAMAGE ALLOWED. NO DAMAGE CLAIM WILL BE ALLOWED
IF COMPLAINT WAS MADE LATER THAN IN 48 HRS AFTER THE DELIVERY.
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