Terms of Sale
1, All orders are considered firm. Should Studio Samuel accept a cancellation of an order (which acceptance may be withheld by Studio Samuel for any reason), Studio Samuel shall have the right to retain in full the deposit paid by buyer for such order. In the event a cancellation is approved, a store credit will be issued. Studio Samuel will not entertain any request to accept cancellation of any custom or special order once production has been commenced.
2, Quoted delivery lead times are approximate dates only. Studio Samuel shall not be responsible for any delay in delivery or failure in performance for any cause beyond Studio Samuel's control (including, but not limited to, labor disputes, failure or delay of sources to supply, transportation difficulties, accidents, fires, religious holidays or acts of God) or any event which interferes with Studio Samuel's normal business operations.
3, Studio Samuel recommends all receiving and handling to be performed by our subcontracted workroom(s) and/or other contracted agents of Studio Samuel. Refusal of service is at the client’s own risk. If this option is declined, please note Studio Samuel relinquishes responsibility for any delays, damages and/or discrepancies in the receiving process.
4, Studio Samuel highly recommends the delivery/install of goods within 30 days of receiving. Studio Samuel cannot be held responsible for any crushing, wrinkling, fading and/or any other issues that may occur after the product is stored past 30 days. Goods held past this timeframe may require additional services, such as blocking or cleaning, to ensure product quality. These services from Studio Samuel may be acquired at an additional cost. All orders include sixty (60) days of storage. Goods must be installed or transferred within this time frame. Orders held over 60 days will be charged a 2% monthly storage fee. Orders in Studio Samuel’s possession in excess of 12 months will be canceled without refund.
5, Studio Samuel is not responsible for quality of goods, shortages, damages and/or services and/or fees from 3rd parties. Customer agrees to accept delivery of or pick up all merchandise within 30 days of availability. Items purchased from the showroom floor must be picked up within 7 days.
6, All fees for failed deliveries including “no fits” are non-refundable. Seller is not responsible, and Purchaser is not relieved of its obligations where on-site conditions or limitations prevent and/or obstruct delivery and/or installation. All shipments are made F.O.B. point of origin. Delivery arrangements are the responsibility of Purchaser and a copy of such arrangements should be forwarded to Seller. If Seller arranges for delivery of the merchandise, the carrier shall be deemed the agent of Purchaser. Seller shall not be responsible, in any event for any damage caused to the merchandise during shipment, or in storage. Purchaser should report, in writing, such damage directly to the carrier. All claims for freight overcharge or damage to goods while in transit must be settled with the carrier.
7, In the event of a damaged shipment, freight damage must be reported to the carrier within twenty four (24) hours of receipt of merchandise. Damaged carpet must be signed for accordingly. Studio Samuel must be advised of all visible damages immediately. All packaging must be retained until inspection by carrier.
8, Studio Samuel is not responsible for discrepancies between on-site conditions and/or any specifications provided from the Purchaser. Pricing is subject to change with alteration to the scope of work as a result. Studio Samuel cannot be liable for application and/or specification of goods. Studio Samuel, in good faith, may make recommendations on the application of goods, but is not liable outside of the documented scope of work at the time of purchase on Studio Samuel’s invoice to purchaser. Seams can and will be visible depending on the type of goods. Studio Samuel will only perform work documented on the paid invoice and only when orders are paid in full. Other services, such as, but not limited to, moving furniture, cleaning, and measuring will not be performed unless documented in the seller’s invoice and paid in full.
9, In all cases, it is the responsibility of Buyer to determine that the size of the completed items can be accepted by elevators, entry doors and other points of entry. Studio Samuel has the absolute right to rely upon the accuracy of all information, plans, drawings, specifications and measurements provided by the Buyer. Studio Samuel has no obligation to, nor will it seek to verify the accuracy of any such information.
10, At the time of utilization, Studio Samuel must be the only contracted service provider in the work area. Studio Samuel cannot be held liable for the conditions and accessibility to perform our contracted services. The Purchaser will be subject to fees if a delay or cancelation results from any obstruction to the servicer. A representative of the Purchaser must be present at all times while the service is being rendered and sign off on the execution of work. Once signed, Studio Samuel can no longer be held liable for the goods and/or services provided.
11, Studio Samuel is not responsible for the application or installation of Studio Samuel merchandise when using a workroom other than one hired by Studio Samuel.
12, Careful inspection is made before shipment; however, final inspection and approval are the ultimate responsibilities of the customer. Immediately upon receipt, customer should open shipment and check if number, color, face and description are correct and correspond with the decorator’s order. Correct design and color should be checked again before the product is cut or hung.
13, In no event shall Studio Samuel be liable for any consequential or incidental damages. In no event shall Studio Samuel’s liability, for any reason, exceed the amount actually paid by Buyer to Studio Samuel for the merchandise.
14, Studio Samuel will not accept claims for labor costs.
15, All Studio Samuel carpets and rugs are hand made products and so variation is inevitable. Variations in color, size, texture, and/or density are inherent to products. Slubs, bars, join or gypsum lines, seams, and/or other irregularities are not considered manufacturing flaws but contribute to the unique quality of the product. Industry standards dictate a variance of +/- 4-6% in size and color unless otherwise noted.
16, Shading and/or watermarking are natural characteristics of any rug or carpet and are not considered to be defects.
17, Renderings are for visualization/presentation purposes and should not be used to color reference to finished product.
18, Where any specific design or construction is produced and supplied to Buyer's specifications, Buyer agrees to indemnify Studio Samuel against all actions, proceedings, costs, claims, damages, expenses and demands, whatsoever, arising or resulting from the rights or claims of third parties, including but not limited to, infringement of copyrights, trademarks and design patents.
19, Our merchandise is not guaranteed against fading or shrinkage due to, but not limited to, cleaning, steaming and/or exposure to the sun and/or effects or wear. High traffic and utilization areas, including, but not limited to, stairways, entryways, dining rooms, and areas exposed to outside environmental conditions, may cause depreciation to goods and/or services which is considered wear and tear. Studio Samuel is not responsible for precise color matching due to possible spinning, yarn, weaving or dye lot variations. The consistency of the coloring between the samples shown and the final product delivered cannot be guaranteed and does not in any way put the provider at fault. Colors can vary under different lighting and this should be considered when viewing the products. It is possible that the products may undergo some dimensional modifications, depending upon climatic conditions and relative humidity. Professional cleaning is recommended.
20, All claims against Studio Samuel, including defects, shortages and errors, must be made within seven days after receipt of the merchandise. Failure to make any claim within such period shall constitute acceptance of the merchandise and a waiver of said defects, shortages, errors or other claims. No claim shall be made in any event if the merchandise has been cut, hung, or treated. Studio Samuel’s liability shall not exceed the contract price and SR Home shall in no event be liable for labor charges or any other consequential damages.
21, If a claim is made within the approved time frame and is accepted by Studio Samuel, client must agree to the return/exchange terms offered by Studio Samuel. Agreement to the terms must be made within 7 days from the date of offer. If agreement is not accepted within 7 days the offer of return/exchange is null and void.
22, Seller is not responsible for damages relating or resulting from shipping, accident, misuse, negligence, alterations, staining, ordinary wear and tear, natural fading, or discoloration, climate, humidity, prolonged exposure to sunlight or salt air or unusual conditions. Seller does not warrant finishes against fading or oxidizing.
23, Any oral statements about Seller’s merchandise made by Seller’s employees or agents do not constitute warranties, shall not become a part of this Agreement and shall not be relied upon by Purchaser.
24, This Agreement sets forth the entire representation between Studio Samuel and buyer and any and all prior agreements, warranties or representatives made by either party are superseded by this Agreement and cannot be modified, except by a further written notice signed by both Buyer and Studio Samuel. None of the terms set forth, if any, in Buyer's purchase order - forms a part of this Agreement.
25, This Agreement shall be interpreted in accordance with the laws of the State of New York. Any action or proceeding involving any dispute or matter arising under the Agreement may only be brought in the United Stated District Court for the Southern District of New York, or any New York State Court located in the County of New York, having jurisdiction over the subject matter or the dispute or matter. Studio Samuel and Buyer hereby consent to the exercise or personal jurisdiction by any such courts with respect to any such action or proceeding. Studio Samuel and Buyer waive any claim that any action or proceeding brought in any such court has been brought in an inconvenient forum.
26, If any provision of this Agreement is declared invalid by any tribunal, the remaining provisions of the Agreement shall not be affected thereby.