Allgemeine Bedingungen - Andreu World

    GENERAL SALES CONDITIONS 

    Ordering Information

    Purchase orders must be in writing and must provide complete address, phone and fax numbers for both billing and shipping purposes. Orders will not be entered into production until Andreu World America, Inc. has received all the necessary information, the deposit, and COM/COL, if required. Please mail all orders and deposits directly to our corporate offices at:

    Main Office      Andreu World America
                          The Merchandise Mart
                          222 Merchandise Mart Plaza
                          Suite 10-132
                          Chicago, IL. 60654
    Tel.                 312.464.0900
    Fax                 312.464.0907
    Toll Free          1.800.632.5272
    Email              [email protected]
    Web site          www.andreuworldamerica.com

    If you choose to fax or email an order, you must then mail the original order marking it clearly with the word “Confirmation”. Andreu World America will not be held responsible for duplicate orders if purchase orders are left unmarked. All accepted orders will be as acknowledged.

    The purchaser is responsible for checking the acknowledgment to verify that all of the information is correct. Any changes must be made within 48 hours from receipt of the acknowledgment - otherwise the order will be produced according to this document.

    The acknowledged ship date is the date an order is estimated to be available for shipment from our FOB (Elizabeth Port, NJ) warehouse.

    Prices and Terms

    Published prices are LIST prices, FOB New Jersey. The FOB point may be changed at the sole discretion of Andreu World America. Prices do not include shipping charges, packing and crating charges, in-transit insurance, storage charges, sales, use, or other taxes, or installation.

    Terms for all orders require a 50% deposit. The balance is to be paid upon completion of the order, prior to shipping (CBD). Orders cannot be placed into production until the 50% deposit and any customer-supplied materials (COM/COL) are received. If the order contains custom specifications, the 50% deposit is always required, without exception. Andreu World America accepts credit cards including VISA, Master Card, and American Express.

    Andreu World America reserves the right to change prices without notice, prior to order confirmation.

    Andreu World America reserves the right to make changes in price, dimensions, design and/or construction detail, without prior notice. All measurements and weights are approximate, and subject to change without notice. Distribution or possession of this Price List does not constitute an offer to sell. Andreu World America reserves the right to choose to whom it sells its products. Our catalogue and Price List are not meant for use by the general public; they are intended for use solely by the trade.

    Quotations

    Binding quotations can only be made by the Andreu World America home office and must be on Andreu World America letterhead. No agent, representative, or salesperson is authorized to change prices, discounts, terms, or conditions of sale, without our prior written authorization.

    Designs and Patents

    The product models shown in our catalogue and described in our Price List are, and remain, the property of Andreu World America and/or our suppliers, and are protected by Copyright. Andreu World America reserves all rights to the design of the models shown. Many of the designs and technical features of products distributed by Andreu World America are further protected under international patents, either existing or pending.

    Andreu World S.A. protects all trademarks and products design by means of registration in the corresponding public offices. This confers to Andreu World and its clients the exclusive rights to use its designs in a privileged way, preventing third parties from using the designs without prior written consent.

    The registration of Designs and Trade Marks constitutes a means to guarantee that Andreu World clients are the exclusive users of the innovative models produced yearly. Subsequently, clients will not find in the market any model imitating or copying of designs purchased by them.

    In case of any possible imitations, Andreu World will defend its clients by means of legal actions against third parties that may copy the registered models without prior written consent.

    Cancellations

    Andreu World America’s acceptance of an order is final and binding, and orders are not subject to cancellation by the customer. If Andreu World America, in its sole discretion, agrees to an order cancellation, a cancellation or restocking charge, up to the total amount of the order, may be charged.

    Packing/ Cartoning

    Standard packaging is included in our pricing for many models. Certain items, such as large tables, items with glass, and large lounge models require heavier packaging or wood crating, which is an additional charge. For air freight shipments, additional packaging or crating is always required. Please note upcharges in the Price List. Contact Customer Service for pricing on special packaging/crating.

    Shipping

    Andreu World America reserves the right to select the most appropriate FOB point, carrier, and routing on all shipments. All orders, whether shipping collect, prepaid or third party billing, are FOB, which means that responsibility for the product becomes that of the buyer upon delivery to the freight company. All furniture is shipped at the customer’s own risk after it has been inspected and accepted by the carrier. The customer bears the risk of loss or damage during shipment.

    Upon delivery all product must be inspected immediately for correct quantity and freight damage (including concealed damages). Damage or shortage claims must be filed, by the purchaser, with the freight carrier within 48 hours of delivery receipt. Failure to file timely claims may cause the freight carrier to deny the claim.

    All orders will be shipped prepaid, unless Andreu World America has been instructed to ship freight collect. The prepaid freight charges will appear on our invoice. COD shipments are available with prior authorization by Andreu World America and at the expense of the client. All delivery dates are approximate. Andreu World America cannot guarantee the arrival time of any shipment.

    Claims/Freight Damage

    All shipments are shipped from our warehouse in good condition. Andreu World America’s liability ceases at that time. If a shipment is received damaged, immediately we will file the claim with the carrier. When receiving unpackaged goods from furniture carriers, please remove wrapping and examine furniture before signing paperwork. Please note any damage on receipt, and we will file the claim with freight carrier within two days.

    Freight Charges

    Freight charges quoted are for normal delivery to a receiving warehouse only, and DO NOT include inside delivery, installation, unpacking, or packaging removal. A request for a call prior to delivery is an additional charge. Additional charges may apply on a per shipment basis for special requirements.

    The price quoted is only an approximation and it’s subject to change. Freight cost will be recalculated to accommodate the fluctuations in fuel prices when your order is placed. After that time a new quotation must be obtained from Customer Service.

    Storage

    Orders will be shipped when completed. If payment is not received within fourteen calendar days from available ship date, Andreu World America reserves the right to transfer the merchandise to a storage facility, with the costs of transfer and storage to be charged to the customer’s account.

    For Storage charges (per item per week or fraction and /or minimum per week), please contact Customer Service Department.

    Returns

    No merchandise may be returned to Andreu World America without written consent from our Customer Service Department.

    Repair Charges

    Should any repairs due to factory defect required, repair charges must be authorized in writing by Andreu World America.

    Warranty and Limitations of Liability

    Andreu World America products are warranted against all defects in materials and workmanship for FIVE years from date of delivery.

    This warranty does not apply to damage resulting from accident, freight damage, misuse, negligence, abuse, or normal wear and tear. Correct product specification for a particular application is the responsibility of the Purchaser.

    This warranty does not extend to Customer’s Own Material (COM) fabric, leather, or other COM materials.

    All custom designs, marble tops and wicker will be warrantied for a total of two years.

    This constitutes the entire warranty and is in place of and in lieu of all other warranties of every kind whether implied or expressed, including, but not limited to, the warranty of fitness for a particular purpose or warranty of merchantability.

    The repair, replacement, or prorated rebate of the full purchase price constitutes the full liability of Andreu World America and is the sale remedy of the Buyer. Andreu World America assumes no liability for commercial loss or any consequential damages that may arise as a result of any product defect, fault, or delay. It is understood that these limitations of remedy and liability are part of the terms and conditions of the purchase of Andreu World America products, and by placing an order, the Buyer accepts these terms, conditions, and limitations.

    Wood and Metal Finishes

    Each Collection within the Price List has its own specific wood and metal finishes. These finishes are outlined at the bottom of each page.

    The following wood finishes are standard for our beech models: 300, 305, 307, 310, 322, 336, 339, 364, 369, 370, 372, 377, 378, 380, 381, 380, 601, 611, 641 and 661. Standard finishes for oak models: 306, 307, 310, 322, 336, 339, 364, 369, 370, 372, 377, 378, 380, 381, 610, 641 and 661.

    There is an upcharge indicated in each page for custom wood finishes. Minimum quantities may apply. The Special upcharge for 600 and 800 series finishes is also specified on each page.

    Andreu World America cannot be held responsible for variations in color finish on wood due to the natural characteristics of the wood. No absolute match is implied or guaranteed.

    The direction of the grain may vary by product and component, and joints may be visible.

    Customer’s Own Material / Leather (COM & COL)

    All yardage requirements in the Price List are based upon 55” wide plain, nondirectional material. Fabrics having a repeat that requires matching, or are less than 55” wide, will require more yardages. Please use the chart below to determine the correct requirements and add the percentage to the yardage shown in our Price List.

    All COM will be cut and applied at Andreu World America’s discretion, as it comes off the roll. Any special upholstery instructions must be included, in writing, with the order. Fabric should be identified as requiring either a vertical or horizontal application, and the correct side and direction. Andreu World America cannot be held responsible for receipt of defective fabrics, as we apply all COM’s as first quality goods.

    Andreu World America requires a cutting of the COM fabric to be attached to the purchase order to reduce the likelihood of errors in upholstering.

    COM/COL should be shipped freight prepaid to our facilities. It should be clearly tagged with our order number, item number, description and quantity, to permit proper identification. Andreu World America is not responsible for any delays caused by untagged or late COM.

    COM/COL have to be mail to Andreu World America Merchandise Mart address:

    Main Office      Andreu World America
                          The Merchandise Mart
                          222 Merchandise Mart Plaza
                          Suite 10-132
                          Chicago, IL. 60654
    Tel.                 312.464.0900

    The standard factory fabrics are Ultrasuede and Leather.

    Yardage Calculations

    Fabrics with a repeat, and/or smaller than 55” goods, will require additional fabric than shown in the Price Book. To calculate the increased yardage required, please use the following table.

    Fabric
    Width 
     Plain Width 2"-14" Repeat

    15"-19" Repeat

    20"-27" Repeat 28"-36" Repeat 
    55" +0% +10% +15% +20% +25%
    51-54"  16% 20% 25% 30% 35%
    48-50" 20% 25% 30%  35%  40% 
    45-47" 40%  50%  55%  60%  65% 
    36-45" 50%  60%  65%  70%  75% 

    Fire Code Requirements

    Andreu World America’s seating can be manufactured to conform to many specific fire code requirements. All foam conforms to California #117 fire code and English Standards BS 5852. To use a Fire Retardant (FR) foam that conforms a California 133 (CAL 133) also, an indicated upcharge applies. Please contact Customer Service with your requirements, and to inquire for specific pricing upcharges.

    Glides

    All chairs include plastic Standard glides. There are optional metal glides and felt glides available with the upcharge for a set of four indicated on each page. See Miscellaneous.

    Custom Height

    To provide custom height for seatings it is necessary to cut the legs to the specific request. The upcharge for this service is indicated on each page. The requested height must be specified on the purchase order.

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