TERMS AND CONDITIONS

GENERAL:
These Terms and Conditions may not be altered or superseded in any way except by an express written agreement. Seller's receipt of a 50% deposit and a copy of this invoice, signed by Customer, constitutes Customer's agreement to all terms and conditions in this document. In the event that Customer does not pay the balance of the purchase price within fifteen (15) days after Customer has been notified that the furniture or other goods are complete and ready for shipment to Customer, Seller may cancel Customer's order, retain the 50% deposit, and sell the ordered furniture or other goods to any third party keeping all proceeds, or keeping the furniture or goods ordered by Customer, in Seller's sole discretion. Customer agrees that Seller may refuse orders in its sole discretion, and that Seller may cancel existing orders, refund the 50% deposit for any reason in Seller's sole discretion, and Seller may retain or dispose of the ordered furniture or other goods (whether finished or work in process) as Seller shall decide in its sole discretion.

WARRANTIES:
All furniture is manufactured in the United States of America. THIS WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES, EXPRESSED OR IMPLIED BY SELLER, OR ARISING BY COURSE OF DEALING OR PERFORMANCE, OR CUSTOM OR USAGE IN THE TRADE, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

RETURN POLICY:
Rothschild Productions Inc. provides an UNCONDITIONAL 48 (forty-eight) hour "No Questions Asked" return policy as follows: if for any reason during the 48 (forty-eight) hours after Customer's receipt of the furniture or other goods, the Customer is not satisfied with its order other than due to damage to the furniture or other goods after title has passed to Customer, the Customer may return the order to Seller for a full refund of 100% of the purchase price in accordance with this Section.
In all cases, return shipping will be at Customer's sole expense. Customer must Email Rothschild Productions Inc., at DESIGN@ROTHSCHILDPRODUCTIONS.COM within (forty-eight) hours from receiving its order, and Customer must receive written confirmation from Seller stating that Seller will accept the return, before Customer may return the shipment. If Seller has not sent written permission to Customer regarding said return, Seller will not accept the return.
The UNCONDITIONAL 48 (forty-eight) hour return policy is not applicable to furniture that has been damaged after title has passed to Customer. Seller agrees to inspect all furniture just prior to packaging/crating for shipping and after full payment of this invoice; therefore, any damage to the furniture received by Customer occurs after title has passed to the Customer. Please see Freight/Delivery & Damage clause. No returns will be accepted if the furniture has been damaged. Furthermore, no returns will be accepted after 48 (forty-eight) hours from Customer's receipt of the furniture or other goods. Customer agrees that 48 (forty-eight) hours after Customer's receipt is a reasonable time to inspect and accept the ordered furniture or other goods, and that all shipped furniture or other goods will be deemed irrevocably accepted after said 48 (forty-eight) hours.

Customer Must Initial Here: _____________

FINISHES:
Each piece of "Art" in The Rothschild Collection has been designed with one finish in mind. There are NO substitutions. This Collection is based on Old World Finishes and requires many layers of applications. Due to this process finishes can and probably will vary from piece to piece. Finish variations are part of the beauty of Old World Antiques, which is the effect that we have worked very hard to create. The finishes will be very close to what you are viewing in our Ads and Website but understand that due to printing press and calibration issues on monitors, ads, and tear sheets, there may be a slight discrepancy. It is important to realize that no two pieces will be exactly alike.

Customer Must Initial Here: _____________

PRICES & PAYMENT:
Product prices do not include sales or other taxes, packaging, shipping & handling, insurance, installation, or other costs. All prices are subject to correction as a result of possible errors or omissions. All items are quoted Ex Works, meaning Seller is only responsible to make the furniture or other goods available at Seller's facility in Los Angeles, California (or at Seller's option available at the facility of Seller's finisher). Balance is due in full upon completion of the order prior to shipping. Seller retains title to all merchandise until fully paid for by Customer, and title passes to the Customer upon full payment. All Customer obligations under this invoice (including without limitation payment obligations for the remaining 50% of the purchase price) apply in full upon the completion of the ordered furniture or other goods. Customer may arrange for packing, crating and shipping, or Customer may request Seller to facilitate such services. Whether or not Seller facilitates shipping, Seller has no responsibility to Customer regarding shipping, and Customer indemnifies, defends, protects and holds harmless Seller from any claims or liabilities that arise from the shipping of the furniture or other goods sold. Customer agrees to pay for all cost and expenses incurred in collecting unpaid accounts, including collection agency fees and attorney fees and costs, including without limitation expert witness costs. Invoiced charges that Customer fails to pay when due will be charged a monthly late fee of 1.5% of the unpaid balance, not to exceed the maximum legal rate. Seller will charge a $20.00 service charge for every check returned, whether due to insufficient funds or a stop-payment.

Customer Must Initial Here: _____________

INTELLECTUAL PROPERTY
Customer agrees and acknowledges that the shape, design, look and feel of the furniture or other sold goods (collectively, "Furniture and Associated Intangibles Rights") is Seller's copyright, trademark, and any other intellectual property, and is covered by Seller's registered copyrights, or pending copyright applications, and agrees and acknowledges that said copyrights and applications cover the goods ordered by Customer. Customer also acknowledges and agrees Seller created said furniture and goods, and the Furniture and Associated Intangibles Rights have economic value from not being public knowledge. Seller reserves all rights to duplicate and use the Furniture and Associated Intangible Rights. Customer is not purchasing and Seller is not selling, any Furniture and Associated Intangible Rights, such as copyrights; patents (including design patents); trademarks; and trade secrets that directly or indirectly relate to the furniture or sold goods. Customer will not commercially use, publish or disclose, or authorize any third party to publish or disclose, any Furniture and Associated Intangible Rights; provided, that Customer may use the furniture or goods for non-commercial purposes and may sell them after giving Seller the first right to buy them on the terms any third party offers. Since the Furniture and Associated Intangible Rights are unique, this section's violation cannot be remedied by damages, and the aggrieved party will suffer irreparable injury. Therefore, notwithstanding any contrary term in this invoice, Seller will be entitled to equitable and injunctive relief in court for a violation of this section, which remedy is cumulative, not exclusive.

Customer Must Initial Here: _____________

PRODUCTION TIME:
Production times are estimates only. Production begins upon receipt of a signed Invoice & Deposit.

DAMAGE:
If damage to the purchased furniture or other goods occurs during shipment, Seller is not liable. Customer acknowledges that Customer has been advised to retain all packaging material and to contact the freight company and make a claim immediately in the event of any damage during shipping. Seller has no obligation to insure any sold furniture or other goods against losses.

INSTALLATION:
Customer assumes all responsibility for proper installation of merchandise. Seller shall not be responsible in any manner for damage to merchandise or the location in which it is displayed and/or used resulting from its installation, misuse or mishandling.

WIRING:
Lamp and light fixtures are not U.L. approved and are purchased "as is". Seller makes no warranties and is not responsible for any damages due to wiring. Customer assumes all such responsibility.

ARBITRATION:
In the event of any dispute between Seller and Customer arising from or related to this sale, both parties agree to submit to binding arbitration in Los Angeles, California before a retired judge or attorney working as a professional arbitrator, selected by mutual agreement. If the parties are unable to agree on a professional arbitrator, then one will be appointed in accordance with the commercial arbitration rules of the American Arbitration Association. Initial costs of such arbitration will be equally split between Seller and Customer with costs of arbitration to be recovered by the prevailing party. Both Seller and Customer expressly waive any and all rights to other forms of litigation to resolve such disputes, including a lawsuit in court. California law shall govern. The arbitration award may be entered as a judgment in any court having jurisdiction. The prevailing party shall be entitled to reasonable attorney's fees and costs in any arbitration or permitted court action, including arbitration costs. 

Customer Must Sign Here ______________________


FORCE MAJEURE:
Seller shall not be responsible for delays or failures in performance and shall have no liability to Customer resulting from causes beyond its reasonable control, including but not be limited to acts of God, natural disasters, war, riot, fire, accident, explosion, strikes or other labor trouble, government acts or omissions, delay or default by subcontractors or suppliers of materials or services, transportation difficulty or shortages in labor, fuel, materials, suppliers or power at current prices.

LIMITATION OF LIABILITY:
THE LIABILITY OF SELLER FOR DAMAGES UNDER THIS AGREEMENT, SHALL BE LIMITED TO THE ACTUAL PRICE PAID BY CUSTOMER FOR THE GOODS GIVING RISE TO THE DAMAGES, AND SHALL IN NO EVENT INCLUDE INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES OF ANY KIND (EVEN IF SELLER IS NOTIFIED OF THE POSSIBILITY OF SUCH DAMAGES). ANY ACTION AGAINST SELLER, REGARDLESS OF FORM, ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT MUST BE COMMENCED BY CUSTOMER WITHIN ONE YEAR AFTER THE CAUSE OF ACTION HAS ACCRUED.

Customer Must Sign Here: _____________________

SEVERABILITY:
Any provision of this invoice which is deemed invalid, illegal or unenforceable shall be ineffective to the extent of such invalidity, illegality or unenforceability, without affecting in any way the remaining provisions hereof or rendering any other provisions of this invoice invalid, illegal, or unenforceable. If any covenant should be deemed invalid, illegal or unenforceable as excessive, including without limitation the provisions regarding intellectual property, such covenant shall be modified so that the scope of the covenant is reduced only to the extent necessary to render the modified covenant valid, legal and enforceable.