TERMS AND CONDITIONS
Acceptance of Terms: CityLiving Design Limited, Inc., reserves the right to update and/or modify these terms and conditions at any time without prior notice. All product-related information is subject to change without notice.
Proposals/Estimates: CityLiving Design, Limited, Inc. upon request, will submit to customer a Proposal stating the dollar amount (Quotation) for the proposed order. The customer’s signature and/or deposit will constitute acceptance of the Proposal, the Terms and Conditions stated herein and further authorizes CityLiving Design, Limited, Inc. to process the order as stated in the Proposal. The Proposal shall then serve as the binding Sales Agreement, accordingly.
Returns: CityLiving Design Limited, Inc., products are not subject to returns.
Payment Terms: 50% deposit of total order is required before processing. Remaining balance MUST be paid in full (7) business days prior to scheduled delivery date or with a certified check before product is picked up or delivered. The payment methods that we currently accept are: Check by mail and money wire. We accept MasterCard, Visa, American Express and Discover with a 3.69% processing fee. Credit cards are not accepted for orders over $3,000.00.We reserve the right to refuse any form of payment.
We do not accept international payments by credit card or check. We will accept international wire transfer. There will be an added fee of $20.00 per international wire.
Cancellation by the customer of the sales agreement will result in the forfeiture of the required deposit. No refunds are available.
Fabrics: C.O.M. fabrics ordered by CityLiving Design, Limited, Inc. will incur a minimum of 20% processing fee based on material cost to Customer’s Invoice. Additional services requiring CityLiving Design, Limited, Inc. to have fabrics specially coated will incur additional administrative, shipping and coating costs. CityLiving Design, Limited, Inc. is not responsible for defects on C.O.M. fabrics. C.O.M. fabrics will be accepted as received.
C.O.M. Yardage Requirements will be quoted to you based upon your specific order. A CityLiving Design C.O.M Form should be completed and returned with your fabric placement instructions.
Production could be delayed if insufficient C.O.M. yardage has been sent. The following yardage requirements are on 54” wide goods in solid patterns
(no repeat). If your C.O.M. has a pattern or a stripe and/or is less than 54″ wide, add the percentages below to the basic C.O.M. yardage requirements given to determine the of yardage needed per chair:
Fabric Width Plain Fabric 2”- 14” Repeat 15”-24” Repeat 25”- 27” Repeat 28”- 36”Repeat
54” 0% 20% 25% 30% 35%
50” 15% 25% 30% 35% 40%
48” 20% 30% 35% 40% 45%
The percentages in the chart above are the best estimates that can be provided given the various fabric pattern
layouts that fall within fabric repeat scales. We are happy to provide a more accurate yardage quote per your specific
C.O.M. fabric. To provide this special service, we will require that a sample of your C.O.M. fabric be sent to us (min.
of 1 full yard) showing the complete layout and repeat scale of the pattern. Please contact our customer service
department to get detailed instructions on how to request this service before sending the C.O.M. fabric sample.
Shipping Date: CityLiving Design, Inc. will not be liable for delay in shipment or delivery of the order, or for damages claimed to result from such delay.
F.O.B.: All orders will ship prepaid, with freight charges added to the invoice unless otherwise requested. All merchandise is F.O.B. origin; call to determine the point of origin.
Hold Orders/Storage Fees: Once an order has been completed and the customer has been notified of its availability, pick-up or delivery must occur within 10 days. Orders held over ten (10) days at customer’s request, will be invoiced and must be promptly paid, even though shipment is to be held at the factory. A storage fee of 3% of the merchandise total per month will be invoiced on orders held over (10) days with a minimum of (1) month fee.
Shop Drawings: The manufacturing dimensions specified on Shop Drawings represent the final dimensions as agreed to and accepted by all parties. Final production is based on the dimensions specified and may vary +- 1” unless specifically stated herein and agreed to by all parties. CityLiving Design, Limited, Inc. are not responsible for bowed or uneven walls or floors. Additional labor to level furniture or accommodate any of these conditions will be billed separately at $60/hr. Approval of shop drawings is the final authorization of the customer to build the banquette or other furniture as drawn. Approval of shop drawings is the final authorization of the customer to build the banquette or other furniture as drawn. By signing Shop Drawings document, signing party agrees that the specified dimensions control over those specified in any other document or instrument pertaining to manufacturing or otherwise. In the case of varying dimensions within separate pages of this document itself, the earliest numbered page bearing signature in the document shall prevail as controlling. Any hand-written changes to the document must be signed by and remitted to all parties in order to control. Once approved, no changes can be made without authorization. Changes to approved drawings will incur a $150 charge.
Delivery: Whenever possible, we will ship as per customer’s delivery request. CityLiving Design, Inc. is not responsible for deadlines, strikes, accidents or delays beyond our control.
We assume no responsibility for warehousing of merchandise when consignee is unable to receive shipment.
It is the Customer’s responsibility to ensure that CityLiving Design, Limited, Inc. and it’s assignee’s will be able to deliver furniture to the desired location. Access to the desired location will be free from encumbrances and will allow for free access to where the furniture will be ultimately placed. Customer will be responsible for making sure furniture will fit into elevators, stairways, hallways and any other passages whereby the furniture must pass through in order for the delivery people to carry the furniture to the desired location. Customer will be responsible for any and all re-delivery charges or charges for extra time and manpower necessary to make the delivery to the jobsite.
Customer is responsible for final dimensions. CityLiving Design, Inc fabricates banquettes or other furniture to the requested and approved dimensions within a standard deviation of ¼-1/2” in height or length. For banquettes and other furniture intended to fit between two walls, counters or other fixed architectural structures, CityLiving Design, Inc will deduct 3/8” from either side to ensure a proper fitting unless requested otherwise by Customer which will be documented on Shop Drawings.
CityLiving will not be held responsible for fitting banquettes between walls or other structures that may have bows or “bellies”, walls that are crooked or not level, which prevent the desired fit. In addition, CityLiving will not be held responsible for uneven floors and a charge of $60/hr. per man required to level the banquette (s) will be added to customer’s final invoice.Pick-up and re-delivery charges may apply.
Table Bases: Table bases require assembly and need to be attached to the table tops. Cast iron table bases are not recommended for outdoor use at any time. Rusting of cast iron table bases is not covered under any warranty. Table base powder coating is warranted for a period of (12) months from invoice date against adhesion or failure from defects in workmanship. The warranty does not apply to rust, rust seepage, oxidation, or any coating failure caused by nicks, cuts, scratches, or other damage that breaks the seal of the powder coating, including normal wear and tear. Most table bases are cast parts/porous casting; therefore, CityLiving Design, Limited, Inc., cannot guarantee nor assume responsibility for imperfections in the coating finish. Several powder coating finishes are available. It is the responsibility of the customer to verify the correct color, performance, gloss, and surface appearance of powder coating with each order. Color swatches available online may not be accurate because of variations in computer monitor color settings. Sample chips can be requested directly from the powder coating manufacturer.
Wood Finishes/Stains: Please be advised that different wood, as well as grain and tone variations in the same wood, absorbs stains differently. Therefore, we cannot guarantee nor assume responsibility for exact duplication of the stain (color) finishes.
Wood: Wood is a product of nature, which varies from tree to tree and piece to piece. Grain and marked color variations between boards on the same species of wood can occur. Therefore, we cannot guarantee nor assume responsibility for exact duplications of wood species.
Wood Tabletops: Wood tabletops are subject to shrinkage, warping, and seasonal cracks due to the natural moisture in the wood. These occurrences are nonstructural and will not affect the durability of the table; therefore, we do not warranty against natural cracking or gaping, as these are not defects in manufacturing or craftsmanship.
Care and Maintenance. Dust furniture frequently. It will lessen your chance of expensive refinishing jobs. Polish wood frame chairs/barstools approximately once a month. Always test before overall application. Dust with clean, lint-freed, dry cloth.
Immediately wipe any moisture that may spill onto your furniture, always rub with the grain. Water will cause white spots in the finish in a short amount of time. Other liquids such as finger nail polish & remover, alcohol, perfume and medicines can severely damage the finish of the furniture.
Avoid placing plastic, rubber or acrylic materials (stick on fee, placemats, etc. of our furniture since the chemicals in these products may react with the finish and cause severe damage. It is better to use a piece of felt or cloth under accessories that could scratch or dent the surface of your furniture.
Lift and place objects, do not drag them across the furniture surface.
Make minor repairs while they are still small.
Avoid wax polishes. Regular use of wax polishes may result in the build-up of wax film on the surface of the furniture. This build-up may then pick up dirt, smoke and other pollutants in the air, which may result in smudges and streaks. Used long enough, this may cause the finish to soften, requiring expensive refinished work. Wax build-up over time hardens, making it difficult to remove from the furniture’s finish.
Avoid silicone polishes. Silicone makes it a very difficult process, even for a professional refinisher. Most furniture manufacturers recommend using polishes that do not contain silicone.
Attention and care should always be given while installing or relocating furniture. Dropping, dragging, or stacking may loosen joints, break legs, scratch and chip wood surfaces or damage upholstery,
Excessive heat, cold, dryness, or humidity are often responsible for any cracking or splitting of the wood. We recommend using solid wood table tops in cool room settings (68 – 72 degrees Fahrenheit) with a relative humidity between 40% and 45%. Proper air circulation in the room is necessary. Any sudden changes in temperature or humidity can affect the tabletop, so change your thermostat settings gradually as the seasons change. Carefully consider the placement of your tables. Avoid direct sunlight, heat sources, and bright lighting. Also, do not place tables within close proximity to radiators, heating vents, space heaters, ovens or wood-burning stoves. If you plan to store your wood tabletops for an extended period of time in a storage facility, make certain that the storage unit is climate controlled. Everyday care of wood tabletops requires attention. To prevent warping, do not use vinyl table cloths or glass tops on your tables. Avoid placing extremely hot (above 190 degrees Fahrenheit) plates directly on wood tabletops; high temperatures can cause staining or cracking. Also avoid using dinnerware with rough or abrasive bottom. Wipe up any spills of liquid immediately. Never use polish or cleaners that contain ammonia, bleach, alcohol, silicone, degreasers, abrasives, or harsh chemicals. To clean, gently wipe with a soft cloth dampened with a mild detergent and water solution. Wipe dry with a clean, soft cloth. Scratches in the wood can be repaired using a colored wax repair stick. If proper care is taken with solid wood tabletops, their lifetimes may be extended by sanding and restaining.
Screws: All screws applied to wood tops require a pilot hole. The size or diameter of the pilot hole should be 1/32” smaller than the diameter of the screw (up to #10). Wood screws #12 and larger should be 1/16” smaller than the diameter of the screw. The depth of the pilot hole is to equal the portion of the screw penetrating the top. Use care to not drill through the face. No guarantee of any kind is expressed or implied except as pertaining to material and workmanship.
Variations from Floor Samples, Web Images, or Printed Literature: Because of the craftmanship involved and the natural materials used in the manufacturing process, variations can occur from piece to piece. Therefore, CityLiving Design Limited, Inc. does not cover under warranty any differences between floor samples, finish samples, printed or website illustrations and the furniture that is delivered. If any model or sample is shown to the purchaser, such model or sample is used merely to illustrate the general type and quality of goods and are not to represent that goods supplied to the purchaser will necessarily conform in all aspects to the sample or model.
Seating Comfort: CityLiving Design Limited, Inc. recommends that the purchaser purchase and approve a sample before ordering. Because custom seating is manufactured to the purchaser’s specifications, and because seating comfort is highly subjective, CityLiving Design Limited, Inc. cannot warrant custom seating products against user discomfort.
Estimates/Price Quotations: All price quotations will be honored for a period of 30 days, unless otherwise specified, and must be in writing.
Freight Claims—Loss and Damaged Shipments: All shipments that have left from our facility and become damaged and/or lost in transit will have to have a claim filed by the consignee. CityLiving Design Limited, Inc., will “NOT” be held liable for filing any claims with the carrier / truck or courier. All shipments must be carefully inspected and counted with any damage being noted on the delivery receipt. The customer is responsible for contacting the carrier upon discovery of any damage or shortages. CityLiving Design Limited, Inc., has no responsibility regarding concealed damages or losses.
Cancellations/Changes: Orders are not subject to cancellation, changes or reductions in amount or suspension of deliveries. Refunds of customer’s deposits shall not be granted in any circumstances. Any deviation from this policy does not constitute waiver.
Delay: Seller shall not be liable for delays in performance caused by act of God, fire or other casualty, accident, riots, civil commotions, acts of war, excessive radiation, strike, shortage of labor or materials, governmental action, or any other cause beyond the Seller’s commercially reasonable control, and the time for the Seller’s performance shall be extended by the period of such delay. No delivery dates for orders are guaranteed. CityLiving Design Limited, Inc., reserves the right to apportion its production as it determines appropriate in its sole discretion to meet customer’s needs. CityLiving Design Limited, Inc., shall not incur any liability, whether direct, indirect, special, incidental, punitive, economic, consequential, or otherwise (including, without limitation, loss of profits and/or loss of value), whether directly or indirectly, nor shall any order be cancelled because of delays in delivery.
Seller reserves the right to apportion its production among its customers as it may determine, and any quoted delivery dates are estimated and are subject to change by Seller. Once production has commenced, the customer is required to take shipment. Customers will be charged public warehousing costs for completed orders that are delayed by customer. CityLiving Design Limited, Inc., reserves the right to make delivery in installments, all such installments to be separately invoiced and paid for when due per invoice, without regard to subsequent deliveries.
Samples: Samples must be paid for in full and cannot be credited or refunded under any circumstances.
Agent’s Authority: Customer understands and agrees that no agent, employee, or representative of CityLiving Design Limited, Inc., has authority to bind CityLiving Design Limited, Inc., to any affirmation, agreement, representation, or warranty concerning the goods purchased from CityLiving Design Limited, Inc. Customer further understands and agrees that such affirmation of fact, promise, or representation made by any agent, employee, or representative of CityLiving Design Limited, Inc., shall not constitute a warranty or agreement unless specifically approved in writing by an authorized officer of CityLiving Design Limited, Inc.
Warranty: The original purchaser of the products from CityLiving Design Limited, Inc., shall be protected against defects in material and workmanship for a period of one year from the date of the purchase. This warranty does not apply to material or products not manufactured by CityLiving Design Limited, Inc.; including such as customer’s booths, chairs, or tables being refurbished. Warranty on upholstery material is not covered by CityLiving Design Limited, Inc.; but is covered from upholstery mills under their warranty only. CityLiving Design Limited, Inc., will accept no responsibility for the durability of customer’s own material (C.O.M). All laminates are subject only to the warranty offered by the respective manufacturer of such products. Discoloration or rusting on any metal chairs, legs, table bases, etc. are not covered by this limited warranty: the foregoing warranty is in lieu of all other warranties either expressed or implied and CityLiving Design Limited, Inc., neither assumes nor authorizes any person to assume for us any other obligation of liability in connection with our products. Under this warranty any products proven to be defective shall be repaired or replaced at our option, free of charge, provided it is returned prepaid as directed. In no case shall liability under this warranty exceed the original purchases price of the defective merchandise; we reserve the right to inspect the defective item at our premises, by our factory personnel to establish the cause of the alleged product failure. This warranty shall not apply to any product that has been repaired or altered by anyone other than CityLiving Design Limited, Inc., personnel in any way as to affect, in our judgment, its stability and durability, nor which has been subjected to misuse, negligence, abuse, or accident. The warranty described here should be in lieu of any other warranties expressed or implied, including, but not limited to any implied warranties of merchantability or fitness for a particular purpose, cnageOrders