Terms & Conditions Of Agreement For Sale & Delivery Of Furniture, Goods & Other Items
Carats Fine Jewelry And Watches
Sale Of Goods
Hudson’s Furniture Showroom, Inc. (hereinafter “Seller”), shall sell to you (hereinafter “Buyer(s)”), and Buyer(s) shall purchase from Seller, all of the furniture, goods, and/or items listed on the Sales Invoice. Buyer(s) signature on the Sales Invoice affirms that Buyer(s) received a copy of, read and understood the Sales Invoice and this Agreement.
Seller shall not be liable for any delay or failure in delivery of the whole or any part thereof due to any cause beyond Seller’s control in the manufacturing or shipping of said furniture, goods or items to Seller, or without limiting the generality of the foregoing, due to accident, strike, flood, fire, embargo, government rules, acts, orders, restrictions, regulations, or requirements, or any other causes (whether or not similar to the foregoing) beyond the control of the Seller. Except as hereinafter provided, if any delay exceeds thirty (30) days (excluding Clearance, As-Is and/or Special Order furniture, goods and/or items), Buyer’s(s’) remedy shall be the right to cancel by submitting notice in writing to the Seller of all or any part of the furniture, goods and/or items delayed in the delivery which if not delivered within thirty (30) days after Seller’s receipt from Buyer(s) of the written notice of cancellation(s), and if the delay for any reason exceeds 180 days, Seller may unconditionally cancel by notice in writing to Buyer(s). Furniture, goods and/or items held longer than 120 days from Date of Sale must be paid in full and are subject to a two percent (2%) per month storage fee.
One-half (1/2) of the total price shall be due and payable by the Buyer(s) as a deposit at the time of the execution of the Sales Invoice and this Agreement. The remaining balance is due upon scheduling delivery. Payment amounts due under the terms of the Sales Invoice and this Agreement shall be made by cashier’s check, money order, credit card or bank card. Buyer(s) waive any right to reverse and shall not reverse credit card charges and/ or bank card charges on the purchase of any furniture, goods and/or items outlined in the Sales Invoice and this Agreement. Buyer(s) agree to pay a $50.00 service charge for each returned check.
Clearance, As-Is and/or Special Order furniture, goods and/or items are not subject to cancellation under any circumstances. There will be a service charge on any other cancelled orders. Seller’s Management has the right to cancel any sale and refund Buyer’s(s’) deposit in full.
Seller’s Disclaimer Of Warranties
seller makes no express or implied warranty whatsoever with respect to the furniture, goods and/or items sold, including but not limited to the implied warranties of merchantability and fitness. all furniture, goods and items are only covered by the manufacturer’s warranty. any detection of pets on the furniture will void manufacturer’s warranty.
Buyer(s) agree to release Seller from any obligation, liability or responsibility arising out of the use of and/ or the delivery of the subject furniture, goods and/or items.
Indemnity And Hold Harmless
Buyer(s) agree to protect, indemnify and hold harmless Seller from any claims that may arise from Buyer’s(s’) use of and/ or delivery of the subject furniture, goods and/or items.
The Sales Invoice and this Agreement set forth the entire understanding between the Seller and Buyer(s) and supersedes any and all prior oral or written agreements, understandings, representations or warranties between Seller and Buyer(s) except as specified herein.
Each and every term of the Sales Invoice and this Agreement has been mutually agreed to and negotiated by the parties hereto, and shall be construed simply according to its fair meaning and not strictly for or against any party.
Applicable Law And Binding
The Sales Invoice and this Agreement shall be interpreted and construed under the laws of the State of Florida, and shall inure to the benefit of and be binding upon the parties hereto and their heirs, legal representatives, successors and assigns. Venue of any legal action brought under the Sales Invoice and this Agreement shall be Seminole County, Florida.
The person(s) whose signature(s) are contained on the Sales Invoice and this Agreement acknowledge that they have the full authority to execute the Sales Invoice and this Agreement on behalf of the parties for whom they are signing.
If any party hereto institutes any action or proceeding to enforce the Sales Invoice and this Agreement, the prevailing party shall be entitled to collect a reasonable attorney’s fee, and the costs and expenses of such action whether at settlement, trial, or appeal.