These Terms and Conditions apply to all quotations, orders, and contracts for Hickory Business Furniture, LLC (“HBF”) furniture products (“Products”)
Entire Agreement
Our sale to you is limited to and expressly made conditional on your assent to the published Terms and Conditions of Sale, all of which form a part of our acknowledgment and which supersede and reject all prior writings, representations, negotiations with respect hereto, and any conflicting terms and conditions of yours, whether or not the acknowledgment is signed by you. Your acceptance of the HBF Products described on the face of the acknowledgment or payment therefore operates as acceptance by you of our Terms and Conditions of Sale.
Order Entry
To expedite order entry and to ensure proper service:
Mail orders:
HBF
PO Box 8,
Hickory, NC 28603-0008
Phone orders:
1.855.HBF.2020 or 828.328.2064
Email orders:
hbforders@hbf.com
Fax orders:
828.485.2690
All orders faxed or emailed and then mailed to HBF must be marked “Confirmation.” HBF will not be responsible for duplicate orders if purchase orders are left unmarked.
Your order will be considered to be an offer by you to purchase the Products described on that order until it is accepted and acknowledged in writing by us. Unless we receive a communication from you concerning our acknowledgement, we will schedule production of your order by the end of the business day following the day we provide you our acknowledgment.
Submitting Purchase Orders
Please provide complete customer contact information including, but not limited to, email address, bill to/ship to information, contact name and telephone number, project specifier and product information.
Pricing
Prices for the Products described in our acknowledgment shall be from our current and applicable published price list, as in effect at the time we acknowledge your order, less the discounts listed on our acknowledgment. However, if any order requests a delivery date more than one hundred twenty (120) days from the date of the order, then the applicable price list will be the current price list on the date of shipment.
Payment Terms
Payment terms are net thirty (30) days from the date of our invoice. If credit has not been established, full payment must accompany your order. We accept MasterCard, VISA and American Express.
We reserve the right at any time to require you to provide us with reasonable assurances for due payment for the Products, and we may suspend any further performance of your order until you provide reasonable assurances of payment satisfactory to us.
Deposits
HBF reserves the right, in our sole discretion, to require you to submit a deposit with your order. The required amount of your deposit, if any, will be listed on our acknowledgment. All deposits become non-refundable once we begin production of the applicable order.
Changes & Cancellations
Prices published are suggested List prices. HBF reserves the right to adjust prices, specifications, and materials without prior notification. HBF reserves the right to cancel any order with incomplete information. If after 5 business days, we have not received a response in our attempts to obtain the required information for order entry, HBF will assume the purchase order is no longer valid.
You may change or cancel an acknowledged order only with our prior written consent. Order changes and cancellations are subject to price and schedule adjustments and/or cancellation charges, as appropriate.
Return of Merchandise + Claims & Allowances
Products may be returned only with our prior written consent and shipping instructions. You must pre-pay all related transportation costs. Authorized returns are subject to a minimum 35% restocking charge. Returned Products must be received in the original carton and in new condition. Damaged or used Products may be subject to an additional or full charge.
No credit or allowance will be given for any repairs to damaged or defective Products unless we give you written permission to make the repairs. We reserve the right to have any Product returned (freight charges prepaid) to our factory for inspection. If your claim is justified, we will refund your freight costs and repair or replace the damaged Product at our expense and subject to the HBF Five Year Limited Warranty.
Over, Short & Damaged Product
If you receive damaged Product, you agree to accept delivery, note the damage on the freight bill, and file a claim immediately with the carrier. We suggest that for your protection all Products be inspected upon arrival at destination.
Concealed damage (damage which does not become apparent until the Product is unpacked) should be reported by you to the carrier in writing within fifteen (15) days of delivery, requesting an inspection. In the event the carrier fails to make the inspection, you should prepare an affidavit that you contacted the carrier on a certain date and the carrier failed to comply with your request. This, along with your other shipping papers, will support your claim.
In the event of overage or shortage, regardless of carrier, you shall not accept the shipment until such overage or shortage is noted on both the bill of lading and the freight bill. In the case of an overage or shortage on our truck, you shall notify our factory immediately.
Packaging
HBF uses 60%-70% post-consumer content recycled corrugated and 100% recyclable stretch wrapping and/or plastic bags. Pricing includes cartoning of all Products.
Shipments
HBF will determine routing. Refer to our Guaranteed Freight Program, as in effect at the time of our acknowledgment, for details on our optional guaranteed freight program.
A $25.00 charge will be added to your invoice for prepaid freight requests when not using our Guaranteed Freight Program. Requests for specific carriers are subject to our approval. We will not drop-ship to an end-user customer without that customer’s prior approval. We reserve the right to split-ship orders.
Insurance
HBF carries the following insurance:
• Worker’s Compensation Insurance (or its equivalent) in accordance with the requirements of applicable law.
• Employer’s Liability Insurance – $1,000,000 policy limit.
• Motor Vehicle Liability Insurance – $1,000,000 combined single limit.
• Commercial General Liability Insurance (including Products, Completed Operations, and Contractual Liability) – $1,000,000 per occurrence of bodily injury and property damage; $1,000,000 per occurrence of personal and advertising injury; $2,000,000 annual general aggregate; and $4,000,000 Products and Completed Operations annual aggregate.
Storage by HBF
HBF has made no provision for storage of Products ordered by you. If you are unable to accept delivery of Products as scheduled for any reason, you are solely responsible for providing new shipping instructions to HBF and for all costs associated with any delay.
Storage by Owner
Due to the inherent nature of wood products, HBF does not warrant any Product stored or set in place in an environment where temperature and humidity are not controlled. Temperatures must be maintained within a range of 50-80 degrees F (or 10-27 degrees C); the relative humidity must be maintained between 25% and 40%.
Warranty
We warrant HBF Products in accordance with the HBF Five Year Limited Warranty, as in effect at the time of acknowledgment, the terms of which are incorporated by reference into these Terms and Conditions of Sale.
Force Majeure
We will not be liable for any failure to deliver Product when delivery is prevented by any cause beyond our reasonable control. Causes beyond our reasonable control will include, without limitation, acts of God, war, terrorism, insurrection, epidemic, labor disputes, inability to obtain raw materials, supplies, labor or transportation, or any act of governmental authorities.
Limitation of Liability
IN NO EVENT WILL HBF BE LIABLE TO YOU FOR SPECIAL, INCIDENTAL, INDIRECT, CONSEQUENTIAL, OR ANY OTHER SIMILAR DAMAGES, INCLUDING, BUT NOT LIMITED TO, THE LOSS OF PROFITS OR REVENUES, LOSS OF USE OF PRODUCT OR COST OF SUBSTITUTE PRODUCT, BASED ON OR ARISING FROM ANY BREACH OF WARRANTY, BREACH OF CONTRACT, NEGLIGENCE OR ANY OTHER LEGAL THEORY.
General
These Terms and Conditions of Sale: (a) shall be binding on the parties and their respective successors and permitted assigns; (b) may not be amended or modified unless such amendment or modification is made in writing and signed by both parties; and (c) may not be assigned by either party without the prior written consent of the other party. No provision of these Terms and Conditions of Sale may be waived unless such waiver is made in writing and signed by the party to be bound thereby.
Governing Law, Venue & Waiver of Jury Trial
The laws of the State of North Carolina shall govern the interpretation, validity and enforceability of these Terms and Conditions of Sale, excluding North Carolina law with respect to conflicts of law. The rights and obligations of the parties shall not be governed by the 1980 United Nations Convention on Contracts for the International Sale of Goods. The parties agree that court proceedings, actions or suits which may be brought by either party against the other party under, related to or by virtue of these Terms and Conditions of Sale or the provision of Products shall be brought exclusively in a court of competent jurisdiction in the State of North
Carolina and each party hereby covenants and agrees to submit to the exclusive jurisdiction of such court in the event such party is named as a party in any such proceedings, actions or suits. The parties hereby agree that any court proceedings, actions or suits which may be brought under, related to or by virtue of these Terms and Conditions of Sale or the provision of Products between the parties shall be determined by a court sitting without a jury. THE PARTIES HEREBY WAIVE ANY RIGHT TO A JURY TRIAL.
No other Contract Provisions
There are no representations, agreements, obligations, or conditions (express or implied, statutory or otherwise) relating to the subject matter hereof, other than as herein contained, and these Terms and Conditions of Sale shall be incorporated and become a part of any agreement between the parties with reference to the purchase of our Products.