EFTA00523371.pdf

RUG THE Quotation COcict4DP.AA Company: SIX Designs LW Contact. Address: 301Easf 66th Street Suite 14 New York Quote No: 181481001 10065 NY Date: 12/18/2012 Sales Person: Danielle Barr Tel. Currency: 5 Custom items Design ID Rug Details Band Length Width List Price Quote Deposk Balance 7102 7102: Deep Pile Medno Natural I 5.18m 4.57m 32538.00 24403.50 12201.75 12201.75 Custom: The Rug Company on (15') Price per unlUsq ft: 127.60 Lead Time 18-24 Weeks Notes Additional Items Item name Quote Deposit Balance Installation 0.00 0.00 Delivery 0.00 0.00 Packing and Shipping 0.00 0.00 Pads 0.00 0.00 LIST PRICE DEPOSIT BALANCE TOTAL EX. TAX 32,538.00 24,403.50 12,201.75 12,201.75 SALES TAX (8.875%) 0.00 0.00 0.00 0.00 GRAND TOTAL 32,538.00 24,403.50 12,201.75 12,201.75 This quote is valid for 30 days. The deposit above is required in advance to secure an order. Balance payment is due prior to delivery. Lead times indicated above are approximate. In the case of custom items, lead times are from receipt of your signed authorization to proceed, based on your approval of rendering and/or custom sample. 88 Wooster Street, New York, NY 10012 T LONDON LOS ANGELES MIAMI CHICAGO DALLAS EFTA00523371  TERMS AND CONDITIONS The following are the terms and conditions upon which The Rug Company 14.EXCEPT AS EXPRESSLY HEREIN STATED. THE RUG COMPANY Ltd. or ('The Rug Company') agrees to sell you //the 'Client') the goods SHALL NOT BE LIABLE FOR ANY DAMAGES. INCLUDING BUT NOT described on the front of this quotation. ProForrna or Invoice (the UMITED TO INCIDENTAL. CONSEQUENTIAL. SPECIAL OR EXEMPLARY 'Products"). These terms and conditions constitute a legally bindiy contract DAMAGES (EVEN IF THE RUG COMPANY HAS BEEN ADVISED OF THE between us unless we agree in writing to different terms. POSSIBILITY OF SUCH DAMAGES. AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY). OR Sale. The Rug Company agrees to set the Products to the aient on the FOR THE BREACH OF ANY WARRANTY. EXPRESS OR IMPLIED. terms and conditions set forth below WHETHER OF MERCHANTABILITY OR FITNESS FOR ANY PURPOSE OR OTHERWISE. ANY IMPLIED WARRANTIES ARISING FROM A Payment. COURSE OF DEALING OR COURSE OF PERFORMANCE. OR FOR ANY 1.A1 Products purchased from showroom a warehouse stock must be paid OTHER OBLIGATION OR LABILITY ON ACCOUNT OF THE PRODUCTS for in full prior to delivery. COVERED BY THIS AGREEMENT. 2.The Client shal pay 50% of the purchase price as a deposit on any Products purchased on order. with the balance due upon the Client berg 15.0(CEPT AS EXPRESSLY HEREIN STATED. THE RUG COMPANY notified that the Products are ready for delivery. DOES NOT MAKE. AND HEREBY SPECIFICALLY DISCLAIMS. ANY 3.Client shall be responsible for all applicable sales and use taxes. Client REPRESENTATIONS OR WARRANTIES. EXPRESS OR IMPLIED. warrants that its use of any resale number it provides to The Rug Company INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR is valid. FITNESS FOR A PARTICULAR PURPOSE. ANY IMPLIED WARRANTIES ARISING FROM A COURSE OF DEALING OR COURSE OF Defiv . PERFORMANCE. 4.Client ery agrees to take delivery a pick up the Products within 30 days after being notified that its order is available. unless other prior agreement is Final Sale. Items marked "Final Sale' or 'as is* are not returnable. Any reached. Product warranties do not apply to Products sold "as is.' 5.ff the Products are not able to be delivered within 30 days because of Returns. Cancellations. and Lineations on Clara. scheduling or availability issues of the Client. The Rug Company will attempt 16.ff the Client cancels any purchase of any Product sold from showroom or to notify the Client and arrange for delivery. but. if the Client does not warehouse stock for any reason. such cancellation shall be subject to a 15% respond. The Rug Company may. at its discretion. deliver the Products to a restocking fee. Delivery fees are not refundable. third party storage company to hold for the Client. as the agent of the Client At the time the Products are delivered to such storage company, the 17.Client shall notify the Company of any defect in the Product within 48 Products become the responsibikty of the Client. and it is the obligation of hours of delivery and she' arrange for return within 30 days of delivery. If the Client to set up delivery diectly with such storage company and pay any notice is not timely given. The Rug Company reserves the nght to reject any applicable storage charges to such storage company. return of the Products. 6.A1 fees for failed deliveries due to the fault of the Client are non- 18.ff the Client returns any Product sold from showroom or warehouse stock refundable. for any reason other than quality or delivery damage. such retum shall be made within 30 days of receipt by Client and subject to a 15% restocking 7. Unless otherwise expressly provided. delivery charges do not include fee. Delivery fees are not refundable and a pick up fee will apply. charges for inside delivery, unpacking, placement. or installation. all of which are subject to additional charges. 19.AJl Products returned must be in the same condition as they were when delivered to the Client. 8. Although The Rug Company attempts to give reasonable estimates of anticipated delivery dates. actual delivery dates might be subject to Force Majeure. The Rug Company shall not be liable to the Client or circumstances beyond The Rug Company's control. including delays caused deemed to be n default fa any delay or failure in performance resulting by governmental inspecbcns, shipping, and events in the country of origin of directly or indirectly from acts of God. civil or miktary authority. acts of the the goods sold. public enemy. terronsm. war, riots, civil disturbances. insurrections. accidents. fire. explosions. earthquakes. floods, the elements or any other Custom Orders. cause beyond the reasonable control of The Rug Company. 9.Custom order Products are being expressly made to meet the Client's unique specifications. Accordingly, all custom order Products are sold as a Disputes: Attorneys' Fees. The parties consent to the Onscliction of the Final Sale. United Slates District Court. Southern District of New York. or the Supreme Court of the State of New Yak. County of New York. with respect to any 10.Custom orders canceled by the Client before the commencement of the dispute concerning the nterpretation or performance of this Agreement In manufacturing process are subject to a cancellation fee of 25% of the value the event that The Rug Company commences any action or proceeding in of the order. Custom orders canceled by the Client after the commencement order to enforce the terms of this agreement. it shall De entitled to recover. in of the manufacturing process are subject to a cancellation fee of 50%. addition to any damages and other relief. its costs and attorneys' fees Delivery on approval. expended to the extent that it prevails in such action or proceeding. Upon Client's request. The Rug Company generally agrees to deliver 20.Miscelaneous. stock rugs on approval. Such delivery shall be subject to the following a.This Agreement may not be modified or amended except by an instrument terms: in writing signed by the parties hereto. b.No omission or delay by either party n roguing due and punctual 11.The Rug Company may at its discretion request a deposit of the full fulfillment by the other in its obligations hereunder shal be deemed to purchase price in the form of check or credit card. The Client WI be charged constitute a waiver. if it notifies The Rug Company that it intends to purchase the Products c.This Agreement represents the entire understanding of the parties. There delivered on approval or if the Client fails to arrange for the retum of the are no representations. promises. warranties. covenants or undertalays Products with." 7 days from date of receipt. other than those expressly set forth herein. d.ff for any reason. any provision of this Agreement is held invalid in whole 12.Client shall be liable for all damage to Products while in its possession. a in part. such invalidity shall not affect any other provision of this Agreement not held so invalid. such other provision shall to the full extent Warranty. consistent with law continue in full face and effect. 13.The Rug Company warrants that the Products shal be free from defects e.This Agreement has been executed and delivered in the State of New m workmanship a materials. For a period of ninety (90) days following the Yak. and its validity. interpretation. performance and enforcement shall be date of delivery of each Product. The Rug Company. at its sole cost and governed by the laws of said State. without regard to principles of conflicts of expense. shall repair or replace any Product which is defective in workmanship or materials without cost to the Client. or. at The Rug Al notices which either party is required a may desire to give to the other Company's discretion. make a price adjustment to such Product. It is party shall be given by overnight courier (next day delivery) or registered understood that the Products are hand-made and unique. and are likely to mail. addressed to such perry at the address referred to above. or at such contain variations in color. size. texture. markings and other aspects related other place as the party may from time to time designate in writing. Five to the materials used. Such variations in The Rug Company's Products are days after the date of mailing any such notice shall be deemed to be the natural and do not. for that reason. render a Product defective. This date of delivery thereof. unless actual prior delivery occurs. warranty does not cover any damage caused by accident or misuse occurrng after such Product is delivered to the Client or the Client's representative. EFTA00523372