willemsmith.com

TERMS and CONDITIONS

Acceptance of orders is based on the express condition that the Buyer agrees to all of the terms and conditions contained herein. Issuance of an initial payment (either a deposit or the full balance) by the Buyer will constitute the Buyer's assent to these terms and conditions. No terms or conditions in any way adding to, modifying or otherwise changing the provisions stated herein shall be binding unless made in writing and signed and approved by an officer of WILLEM SMITH.

Pricing and Payment

Trade prices are confidential and reserved for design industry professionals and furniture resale establishments with valid sales tax exempt certificates.

No changes or cancellations are accepted after WILLEM SMITH‘s receipt of a Purchase Order with accompanying payment. An order, once manufactured, will be shipped upon receipt of payment for any open balance and anticipated freight charges. Balances must be paid within 30 days or will be subject to penalties. Ready-to-ship dates, whether conveyed informally or in writing, are only estimates.

Taxes

All taxes and excises of any nature whatsoever now or hereafter levied by governmental authority, whether federal, state or local, either directly or indirectly, upon the sale or transportation of any goods covered hereby shall be the responsibility of the Buyer.

Shipping/Freight, Inspection, Warehousing, Delivery and Installation Fees

These fees are the responsibility of the Buyer. Freight from the manufacturer to the Buyer's receiving warehouse is the Buyer's responsibility. Note that these charges may not appear on the original estimate, invoice or acknowledgement and that they vary significantly depending on the location of the manufacturer's facilities and the size of the items. Receiving warehouses have different fee schedules for, among other services, receiving, unwrapping, inspection, disposal of packing materials, storage, assembly and in-home delivery. Please verify the applicable fees with your receiving firm prior to placing an order.

Receiving

It is the responsibility of the Buyer (or their appointed agent) to thoroughly inspect the shipment for any visible shipping damage and for accuracy of materials ordered while the driver is on site during delivery. Discrepancies and damage must be noted on the freight carrier delivery receipt. Notify the carrier at once. All damaged cartons should be saved until the claim, if any, is settled.

It is the client's responsibility to handle any claims of damage or missing items directly with the carrier. Typically, delivery carriers must be notified, in writing, of a possible claim within two (2) business days of the acceptance of the shipment.

All other claims, including defects, shortages and errors, must be made in writing within 10 days after receipt of merchandise. Failure to make any claim within such 10 day period shall constitute acceptance of the merchandise and a waiver of any such claims.

Force Majeure

All quoted completion and delivery dates are estimates only. WILLEM SMITH shall not be liable for delays in completion or shipment or default in delivery for any reason of force majeure or for any cause beyond WILLEM SMITH's reasonable control.

Returns and Refunds

Pieces purchased from WILLEM SMITH's inventory purchased without discount (other than a professional trade discount) may be returned in their original condition for a full refund within seven (7) days of pick-up or delivery. Delivery/shipping fees are not refundable.

All sales marked as ‘As Is' or in any manner exceptionally discounted are final and cannot be returned or refunded.

No returns are accepted on custom items or custom orders.

Limited Warranty

WILLEM SMITH warrants to the original buyer that goods shall be free of defects in material and/or workmanship attributable to manufacture for one year of normal use under normal conditions. Damage resulting from improper handling after merchandise is received or from exposure to weather or extreme atmospheric conditions voids this warranty. The repair or replacement of goods deemed to be defective constitutes WILLEM SMITH‘s entire obligation. All returns for inspection, repair, or replacement must be authorized in writing and shipped prepaid by an authorized carrier. There are no other warranties, expressed or implied, including any warranty or merchantability or fitness for a particular purpose.

Explicitly not covered by the warranty are leather and fabric, as well as the softening of foam, down, and other core material that will occur over the life of an upholstered piece nor are natural variations that occur in the dye lots, wood grains, leather hides, and painted finishes. Bear in mind that many aspects of WILLEM SMITH are hand-crafted by skilled artisans. Slight variations in dimensions, detail and construction may occur.

Please direct any questions regarding policies customary to the wholesale trade process to your design consultant or directly to customerservice@WILLEMSMITH.com.

All prices, policies, terms and conditions are subject to change without notification.