Terms of Sale
These Terms of Sale make up a part of the Agreement between you and Source Furniture, LLC (hereinafter “Source” or “Seller”). Placing your order constitutes your acceptance of these Terms of Sale in their entirety.
- Waiver Of Warranties
SELLER MAKES NO WARRANTY WHATSOEVER WITH RESPECT TO THE GOODS BEING PURCHASED, WHETHER EXPRESS, BY OPERATION OF LAW OR STATUTE, OR IMPLIED BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE, OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, ANY (a) WARRANTY OF MERCHANTABILITY OR (b) WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE. YOU WAIVE ANY AND ALL SUCH EXPRESS OR IMPLIED WARRANTIES.
- Waiver of Dispute Procedures In Connection With Credit Card Payments
To the fullest extent permitted by law, in connection with payment for your purchase, you waive all rights according to your credit card holder agreement with your issuing bank related to the filing of disputes with your credit card company or issuing bank associated with your purchase from us. Any disputes related to your purchase shall be resolved directly with us in keeping with the requirements hereof.
- Limitation Of Liability
IN NO EVENT SHALL SELLER BE LIABLE FOR, AND YOU EXPRESSLY WAIVE CLAIMS TO, ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR ENHANCED DAMAGES, LOST PROFITS OR REVENUES, OR DIMINUTION IN VALUE, ARISING OUT OF, RELATING TO, OR IN CONNECTION WITH ANY BREACH OF THIS AGREEMENT OR YOUR PURCHASE, REGARDLESS OF (A) WHETHER SUCH DAMAGES WERE FORESEEABLE, (B) WHETHER OR NOT SELLER WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, (C) THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT OR OTHERWISE) UPON WHICH ANY CLAIM IS BASED, AND (D) THE FAILURE OF ANY AGREED OR OTHER REMEDY OF ITS ESSENTIAL PURPOSE. IN ADDITION TO THE FOREGOING LIMITATION, IN NO EVENT SHALL SELLER’S AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT OR YOUR PURCHASE, WHETHER ARISING OUT OF OR RELATED TO BREACH OF CONTRACT, TORT, OR OTHERWISE, EXCEED THE TOTAL OF THE AMOUNT ACTUALLY PAID BY YOU TO SELLER FOR THE GOODS SOLD.
You acknowledge that a failure to timely pick up your purchase or accept delivery of your purchase creates a burden on us. Accordingly, and without limitation to other rights or remedies we may have, it is agreed that if the completed purchase is not picked up or you have not coordinated for and accepted the delivery of same within ninety (90) days of completion, then we may, but are not required to, store such items for an additional storage fee equal to $150/month/pallet (“Storage Fee”). You shall be fully responsible for the payment of this Storage Fee over and above all other amounts due from you to us in connection with your purchase/Order. You further grant to us a lien on and security interest in and to all of the right, title, and interest you may have in your goods associated with your purchase, wherever located, to cover all amounts due to us from you, including this additional Storage Fee. The security interest granted under this provision constitutes a purchase money security interest under the Florida Uniform Commercial Code. Under no circumstances will your purchase be released to you absent full payment of all amounts due from you to us, including payment of any Storage Fee. In the event you do not pick up your purchase within one hundred and fifty (150) days of completion, or delivery is not arranged within such time, the goods which are part of your purchase will be deemed abandoned by you, and we may dispose of them in whatever manner we may deem appropriate, in our sole and absolute discretion, including but not limited to, a sale to a third party for an amount we deem appropriate so as to alleviate the need for storage. Under such circumstances, all amounts paid by you or recovered in connection with disposition of the goods, including sale proceeds, will be deemed our sole property, and you waive any right to the recovery of same or to the repayment of any amounts paid by you to us.
- Inspection/Damaged Or Non-Conforming Goods
You agree that goods which are a part of your purchase may not exactly match samples reviewed by you in connection therewith. Minor variations in things such as color or specifications shall not render the goods non-conforming.
We do not authorize the refusal of cargo or a delivery. If for any reason you fail to accept delivery, the goods associated with your purchase shall be deemed to have been delivered and any risk of loss shall pass to and be borne solely by you.
We may make partial delivery of your purchase, and each such shipment will constitute a separate transaction, with us having fulfilled our obligations related to that portion of your purchase which is delivered to you in each such instance.
The quantity of any installment of your purchase as recorded by us on dispatch is conclusive evidence of the quantity received by you on delivery unless you can provide us with conclusive evidence proving the contrary. We shall not be liable for any non-delivery (even if caused by our own negligence) unless you provide us with notice of non-delivery at the time thereof and otherwise comply with the terms hereof. Without limitation to other terms herein, any liability of ours for non-delivery shall be limited to subsequently delivering the goods not delivered previously or adjusting the invoice respecting such delivery to reflect the actual quantity delivered.
If any goods are non-conforming at the time of delivery, you must receive the shipment in order for an insurance claim to be filed. The shipment must be inspected upon delivery, and any damage or non-conforming nature of the goods noted on the delivery receipt while the driver is still present. You should then contact us immediately to report such damage or the non-conforming nature of the goods delivered. You will be deemed to have accepted the goods AS-IS unless you notify us in strict conformance with the requirements hereof. As and to the fullest extent permitted by law, failure to comply with these requirements or provide timely notice of damage or the non-conforming nature of any goods constitutes a complete and absolute waiver of any responsibility we may have for damage to the goods delivered or the non-conforming nature of such. In all instances, and without limitation to other terms hereof, our obligations shall not be greater than to repair or replace non-conforming or damaged items conforming or non-damaged items, as we may determine in our sole discretion, and in no event shall a refund be required or a credit applied towards amounts due. You agree that the remedy provided herein is your sole and exclusive remedy related to damaged or non-conforming goods, and you have no right to a refund or credit against amounts due associated with your purchase.
If you attempt to cancel an Order after making a deposit, such will be deemed a breach by you, and you expressly acknowledge you are not entitled to a refund of any amounts paid and that you will be responsible for all future payments associated with your purchase. You further agree to pay the entire balance due, including any shipping fees or Storage Fees, before any goods will be delivered to you or before goods may be picked up by you and released by us.
These Terms of Sale may not be waived by anyone at Source except by way of written and signed express waiver executed by an authorized member of Source’s management team. You understand and represent that you have not relied upon statements or representations contrary to these Terms of Sale in placing your order, and that no such statements or representations shall be binding upon Source.
Should a Court of competent jurisdiction find any terms associated herewith to be invalid, illegal, or unenforceable for any reason whatsoever, such invalidity, illegality, or unenforceability shall not affect any other term hereof. Upon a determination that any term is invalid, illegal, or unenforceable as written, the Court shall be empowered to modify such term to affect the original intent of you and us as closely as possible in order that the transactions contemplated hereby be consummated. If such invalid, illegal, or unenforceable term cannot be modified by the Court as contemplated, then it shall be severed from the terms hereof, and the remaining terms shall continue in full force and effect. No waiver by you or us shall be effective unless explicitly set forth in writing and signed by the Party so waiving. Except as otherwise set forth expressly herein, no failure to exercise, or delay in exercising, any rights, remedy, power, or privilege which a Party may have shall operate or be construed as a waiver thereof, nor shall any single or partial exercise of any right, remedy, power or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power or privilege.