GENERAL INFORMATION, TERMS AND CONDITIONS OF SALE:
This documents is effective January 1st 2010 and supersedes all previous emuamericas, llc Terms and Conditions of Sale. Published list prices, and terms and conditions of sale are exclusively offered to Commercial use customers. All sales to private (home use) and retail customers are to be handled by EMU USA Inc. Phone #: 888-502-5749.
PRODUCT INFORMATION: Visit our website at www.emuamericas.com for product specifications, installation images, and the directory of our sales representatives. All dimensions and weights shown are to be considered approximate. EMU Group S.p.A and emuamericas, llc reserve the right to make improvements to its product design, and discontinue products or finish colors without prior notice.
COLOR FINISHES: A majority of our product line is e-coated for outdoor use, followed by a powder coat. E-coat is the superior priming process used by EMU on steel outdoor furniture. Wood is a natural product and subject to color variation and we cannot be held responsible for this difference in finish with our wood products. Please note that all finishes on our marketing materials and website are approximate due to the variation in color monitors and the processes of photography and printing. Our custom RAL color program is finished in PA per the customer’s selection and is considered a special order item, even if available as a quick ship item.
AVAILABILITY: Refer to the finish column in the price list for the availability of the product. Quick ship products, depending on quantity, have a maximum lead time of 6 weeks. Please allow 8-12 weeks lead time for special order items, excluding holidays or factory shutdowns. We always recommend inquiring about the availability and lead time of quick ship stock and special order items. Quick ship items cannot be reserved unless a deposit is received.
ASSEMBLY: Some products require assembly; please refer to the instructions included with item packaging.
MAINTENANCE: As with any equipment, periodic maintenance is necessary to ensure longevity of the product and customer satisfaction. NOTE: warranty may be voided if proper maintenance is not followed. We recommend that the products be examined every 30 days. To prevent the product from becoming unstable:
o Loose screws should be tightened as required
o Missing or worn out foot caps must be replaced
Items requiring adjustments or showing any sign of structural failure should be taken out of service immediately until the required adjustments are completed.
Metal frames/items should be cleaned with warm water and non-abrasive cleaner using a cloth; NO power washing. Product near salt water should be washed daily in order to avoid salt deposits which will eventually corrode the product.
Teak is a natural product and will gray over time; to maintain its original color it should be treated as necessary with teak cleaner, followed by a teak varnish.
For storage, all furniture should be stored neatly, stacked to suggested height and packed in a clean and dry area. Tables should not be stacked. When chairs are stacked, the stack should not be dragged. Stackable chairs should not be dropped or slammed down when being un-stacked. People should not rock backwards or stand on any emuamericas’ items.
PARTS/HARDWARE: We make available all parts, hardware and touch-up paint for the current product line at minimal cost.
SAMPLES: Samples may be purchased at a quantity of not more than one piece per model at a time. Certain items, umbrellas & bases, cushions and site furniture are not available for samples. For full details, request our sample policy.
PRICING: All prices published are “LIST” (unless otherwise noted) price per single unit, FOB Lebanon, PA 17042 Distribution Center and do not include shipping costs, taxes or installation. Due to frequent international monetary fluctuations, we reserve the right to change prices without notice.
MINIMUM ORDER: Minimum order is $ 500 NET or $50 NET fee will apply, not applicable to parts and samples.
BREAK PACK: A $20 NET break charge will be incurred for any broken master pack on quick ship items, excluding sample orders. Special order items must be purchased by the master pack quantity.
ORDERS: All orders are subject to acceptance by emuamericas, llc. Orders must be received by fax, mail or e-mail on company purchase order form or letterhead. Purchase Orders must be complete including: required on site date, ship to address, shipping instructions and contact name and phone number of receiver. Orders must be approved by the credit department before being confirmed. Order acceptance will be made in the form of an Order Confirmation with an estimated ship date assigned and lead times/estimated warehouse arrivals (EWA) listed after each line item if applicable. Order Confirmations need to be reviewed for corrections immediately upon receipt; emuamericas, llc will not be held responsible for any errors or missing information on order confirmation. Orders are shipped at earliest 48 hours from order confirmation date. Invoices are faxed, mailed or e-mailed with tracking information the day of shipment.
ORDER REVISIONS/CANCELLATIONS: All order revisions and cancellations must be submitted to our corporate office in writing 2 business days prior to the estimated ship date on the order confirmation. Please note that if a shipment has left the warehouse and a revision or cancellation is received, the customer is liable for additional storage charges and freight costs. Items held at our distribution center for over 30 days will incur storage charges calculated at $100 NET per week per pallet. All revisions acceptances must be acknowledged by emuamericas, llc on an updated order confirmation.
REQUIRED DEPOSITS: Each of the following listed requires a 50% non-refundable deposit prior to the order being placed into production: all special order items, our RAL program items (even if quick ship), cushions, direct containers, and any orders larger than 200 pieces or above $20,000.
ACCEPTED PAYMENT METHODS: Certified , corporate and personal checks, ACH, wire transfer and credit card are accepted payment methods. Orders requiring pre-payment and paid via corporate or personal check are subject to a 7 business day clearing period hold prior to shipment. An additional 2% will be added for all credit cards transactions (deposits, purchases and invoice payments). We accept: Visa, MasterCard, American Express and Discover credit cards. Wire transfers carry an additional charge of $25. Any and all returned checks will be assessed a $25 fee; these checks will be automatically re-presented to the bank after 5 days.
PAYMENT TERMS: First time customers are required to pay their first order in full before shipment. To establish credit terms customer must meet emuamericas’ credit requirements and complete our credit application; emuamericas, llc uses Dunn & Bradstreet as its reporting service for establishing account status with new customers. Standard credit terms are Net 30 days from date of invoice with customer’s credit information on file. Other terms may be available and will be indicated on the Order Confirmation and Invoice. Prompt payment is requested and must be sent to arrive by the due date stated on each invoice. Failure to pay within the terms of the invoice may result in your account being placed on credit hold and subject to late fees at a rate of 1½% per month; late fees will be automatically added to your account balance. No further shipments will be made until all past due invoices are fully paid. No deductions may be made from remittance. In event of delinquency, the customer shall be responsible for all collection costs, including attorney’s fees.
REFUNDS: Should a refund be required due to overpayment, this may only be processed after the completion of the related purchase order. A completion of purchase order is when the order is shipped and invoiced.
SALES TAXES: emuamericas, llc is required to charge sales tax for drop shipments into any of the states where we have nexus, unless our customer is registered to collect sales tax in that state and provides required documentation.
We are registered to collect sales tax in the following states: California, Colorado, Connecticut, Florida, Illinois, Michigan, New York, Pennsylvania, Texas and Washington.
As a distributor with headquarters in the State of Colorado, City & County of Denver, we are required to charge sales tax for any deliveries into the city of Denver, unless a City & County of Denver resale certificate is presented. If Sales Tax is not charged on our invoice, then Use Tax may be due, please consult your local & state tax laws or a tax advisor for details.
SHIPPING: Shipping and routing instructions are required for each 3rd party shipment. If no such instructions are received we have the right to ship by the carrier of our choice (BESTWAY). If billing third party, the payer’s discount program will take precedence; please consult your carrier for a freight quote. emuamericas, llc offers a Prepaid and Add Freight Program to facilitate the quoting process. Freight quotations are estimate and only valid for 7 business days. Customer pick up is available from our distribution center, special requirements must be met; any missed appointments may be subject to additional fees. All orders are subject to delay or failure of delivery due to problems with source of supply, transportation, war, riots, fire, accidents, compliance with government regulations, strikes, Acts of God, or other causes beyond our control. All estimated ship dates are approximate only. emuamericas, llc cannot be held responsible for financial damages due to late shipping. If shipment is refused, re-consigned, re-delivered, stored or additional services are rendered extra charges will apply.
FREIGHT DAMAGE & CLAIMS: Before accepting and signing for the merchandise from the carrier, inspect all cartons for visible or concealed damage and clearly note any loss or damage on the delivery receipt/BOL. If there is loss or damage, make immediate claim with the delivering carrier. In the event of concealed damage, save all cartons and packing materials, and notify the freight carrier and emuamericas, llc immediately for inspection. Missing items/parts/hardware claims against us will be considered only if filed with us in writing within 5 days of delivery date. Failure to make such claim shall constitute acceptance of the merchandise and waiver of any defects, errors, or shortages. emuamericas, llc is not responsible for damage or loss incurred in transit. All furniture is shipped at the purchaser’s own risk after it has been inspected and securely packed at the distribution center. It is accepted as such by the freight carrier.
RETURNS & RE-STOCKING FEE: Special order items, parts, our custom RAL program and cushions are made to your specifications and are not returnable or refundable. Quick Ship items may be returned within 30 days from the invoice date with an RMA; items must be received in original condition & packaging for full refund. A minimum of 25% restocking fee will be charged for the return of quick ship items. Credit for returns will only be issued after receipt and inspection of returned merchandise. Damaged returns are subject to additional charges incurred to restore goods to original condition or customer may reclaim the items FOB Lebanon PA 17042 if determined credit amount is insufficient. No return of merchandise will be accepted to our Lebanon, PA Distribution Center without our written consent via RMA (Return Merchandise Authorization) number, which includes the appropriate shipping instructions. Unauthorized returns will be refused and/or returned freight collect. RMA # is only valid for 15 days from issue date. A copy of the RMA must accompany the returned merchandise, and the RMA # must appear on each carton returned. Any additional cartons needed for return will be charged to your account. No credit will be issued for goods without our written consent.
WARRANTY: emuamericas, llc has a limited warranty on its product. Items are to be free from manufacturing defects in material and/or workmanship for structure and finish for a period of three years from date of invoice to original purchaser. Cushions and Shade Equipment are only warranted for a period of one year. This limited warranty does not apply to damage resulting from accident, alteration, misuse, tampering, negligence or abuse. Please note that our steel items are not recommended in installations proximate to salt water areas. Wicker used on items is subject to wear and tear and not covered under warranty. All items must be properly assembled per instructions. emuamericas, llc will, at its option, repair, replace or refund the purchase price of any items found defective upon inspection. We request a completed quality claim and an individual photograph for any item claimed in addition to a group photograph for each incident. Dealers are required to complete the product warranty registration form for all deliveries to their warehouse or pickups (warranty form does not have to be completed for drop shipments). The warranty is only valid if all parts that wear, such as chair foot caps, get replaced at least annually, must be purchased within one month of replacement time. For full warranty information, please contact us.
