These Terms and Conditions may not be altered or superseded in any way. Seller’s receipt of a 100% payment constitutes Customer’s agreement to all terms and conditions in this document. Customer agrees that Seller may refuse orders in its sole discretion, and that Seller may cancel existing orders, refund 100% payment for any reason in Seller’s sole discretion.
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.
Each piece of “Art” in The Rothschild 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 painstakingly worked to create. The finishes will be very close to what you are viewing in our Ads and Website, but please understand that due to printing press and calibration issues on monitors, ads, and tear sheets, there may/will be a slight discrepancy. It is important to realize that no two pieces will be exactly the same.
4) RETURN POLICY:
ALL SALES ARE FINAL
5) PRICES & PAYMENT:
All prices are subject to correction as a result of possible errors or omissions. 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 apply in full upon the completion of the ordered furniture or other goods.
6) 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.
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. If damage to the purchased furniture or other goods occurs during shipment, Seller is not liable; the assigned freight company is liable. Customer must inspect the purchased furniture upon delivery and must alert the freight company, and The Rothschild Collection immediately in the event of any damage during shipping, failure to inspect upon delivery will result in loss of insurance claim with the freight company. Customer acknowledges that Customer has been advised to make a claim immediately in the event of any damage during shipping.
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.
9) 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.
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.
11) 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.
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.
13) 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.
Production times are estimates only. Production begins upon receipt of a signed Invoice & Deposit.
CUSTOMER AGREES THEY HAVE READ, UNDERSTAND, AND ACCEPT ALL FOURTEEN OF THESE PROVISIONS.
This policy was last modified on 10-1-2013