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Terms, Conditions & Warranty

Selling Information

Distribution of the price list does not itself constitute an offer to sell. The price list and product catalogs are the property of Bernhardt Hospitality. Orders can be received only from authorized Bernhardt Hospitality customers. All prices are subject to change without notice.

Terms & Credit

Terms and pricing apply to all orders accepted regardless of any stipulation or conditions contained in submitted purchase orders.

A Credit Application and Certificate for Resale/Tax Certificate are requirements for all accounts. Bernhardt Hospitality requires a signed credit application from every customer. Bernhardt Hospitality requires all dealers to provide a Blanket Certificate of Resale/Use which contains a valid sales tax exemption number for their respective state(s).

If credit has been approved, the regular terms for all Bernhardt Hospitality products are Net 30 from the date of invoice which is the same as the shipment date. Any amount remaining unpaid after 30 days will be charged 1.5% per month finance charge.

Order Placement

Orders may be mailed, faxed or e-mailed. No handwritten orders or telephone orders will be accepted. All orders are subject to acceptance by Bernhardt Hospitality in Lenoir, NC, in accordance with the terms and provisions on the Bernhardt standard acknowledgement form. Acceptance of all orders is conditional upon the terms and prices printed on the acknowledgement form. The buyer is responsible for notifying Bernhardt Hospitality of any disagreement with those terms. Orders submitted incorrectly become the responsibility of the party writing the order, and they will be held responsible for any expenses incurred. Mail, fax or email orders to: Bernhardt Hospitality, 1839 Morganton Blvd., Lenoir, NC 28645, Attn: Hospitality Orders Fax 828-759-4118 (OR) Email to: HospitalityOrders@Bernhardt.com

Order Acknowledgements

Bernhardt Hospitality will acknowledge all orders with written order acknowledgment. The acknowledgment will list an estimated shipment date and exactly how the order will be fulfilled. Review the acknowledgment carefully on receipt and promptly report any discrepancies to our Customer Service Department. All orders, as acknowledged, will be considered complete and accurate after 5 days based on the acknowledgment date. Your order may be shipped in one or more shipments

COM

COM orders will not be scheduled for production until the last fabric is received. Complete the attached COM Order Form to expedite COM processing. COM fabric should be labeled with your purchase order number, customer name and product item number with instructions for application. The mailing address for COM fabric is: Bernhardt Hospitality-Plant #5A, 1814 Morganton Blvd. SW, Lenoir, NC 28645 Attn: COM Department 

COM is specifically excluded from all of Seller’s warranties.

Revisions

All reasonable requests for changes in orders will be honored if received in writing prior to the start of production and in time to make the change. Bernhardt Hospitality reserves the right to charge for labor, materials and administrative costs for order changes. Revisions may result in rescheduling of the order at the discretion of Bernhardt Hospitality. Custom design and special finish orders are not subject to revision after acknowledgement.

Cancellations

All acknowledged orders are considered as firm orders and are not subject to cancellation or revision. If for any reason cancellation is permitted it will be at the discretion of Bernhardt Hospitality through written consent. If approved, cancelled orders will be subject to a cancellation charge. Only standard product that normally is carried in inventory will be considered for cancellation. No cancellations will be accepted on custom product. Since all upholstery items are manufactured to the customer’s specifications, we will not accept cancellations after the fabric has been ordered.

Schedule/Delivery Changes/Storage

Any delivery date change must be submitted in writing and approved by Bernhardt Hospitality. If the customer is unable to accept an order when it is ready for shipment, storage may be requested. Acceptance of storage will be at the discretion of Bernhardt Hospitality. All costs including transportation will be at customer expense. A storage charge of 1.5% of the invoice will be assessed for every 30 days, or any part thereof, that merchandise remains in storage.

Bernhardt Hospitality considers this transfer to storage the equivalent of delivery for all purposes, including invoicing and payment. Customer will bear all risk of damage or loss during storage.

Shipping Terms

All domestically manufactured orders are shipped F.O.B. factory. All outsourced orders are shipped at port of entry unless otherwise specified in writing and agreed to by Bernhardt Hospitality. Freight is prepaid by us and added to your invoice, collected by the carrier, or billed to a third party. All shipping weights and measures are approximate. Freight charges are determined by the carrier’s tariff.

Freight Claims

Bernhardt Hospitality is not liable for damages that occur during transit or for storage. The carrier assumes all responsibility upon acceptance of product. All shipments should be opened and inspected immediately upon receipt. Claims for damages, shortages or overcharges should be placed against delivering carrier by the buyer or receiver of goods. It is the customer’s responsibility to inspect all products upon receipt and file and claims with the carrier. Do not accept the shipment until all shortages and carton damage are noted on both the bill of lading and the freight bill.

Concealed damage must be reported to the carrier within 15 days of receipt. Failure to make claims shall constitute acceptance of the products and waiver any claims of defects, errors or shortages. Hold product/packaging for carrier’s inspection.

In the event delivery is made on Bernhardt Hospitality truck, the products should be carefully inspected for transit damage. If contents are damaged, the driver should be notified to call his dispatcher for immediate disposition. Concealed damage must be reported with 15 days of receipt and product/packaging held for inspection.

Returned Merchandise/Repairs

Do not return merchandise without written Return Authorization from Bernhardt Hospitality. We will refuse to accept delivery of any merchandise returned to us without a Bernhardt Hospitality Return Authorization.

Limited Warranty

Bernhardt Hospitality will repair or replace, at its discretion and without charge to the original purchaser, any product or part thereof which fails as the result of defects in material and workmanship, given normal use and care, for a period of one (1) year from the date of shipment. This warranty does not cover misuse or abuse of product, damages resulting from user modification or alteration, attachments to a product, dramatic temperature changes, exposure to unusual conditions, improper cleaning materials or damages incurred by contact with other products. Bernhardt Hospitality is not responsible for fit and appearance issues resulting from inconsistent building conditions such as unleveled floors, weak walls and varying room dimensions. Since manufacturers of upholstery fabrics do not guarantee their products for wearing quality, colorfastness, fabric shrinkage, wrinkling and stretching, these properties are not covered under this warranty. Bernhardt Hospitality expressly excludes any warranty of merchantability or fitness for a particular purpose as to any product. Except as stated, Bernhardt Hospitality makes no express of implied warranties as to any product, and in particular, makes no warranty of merchantability of fitness for any particular purpose. Bernhardt Hospitality shall not be liable for any consequential or incidental damages for commercial loss arising from any product defect. Any claims for defective merchandise must be submitted in writing to Bernhardt Hospitality, 1839 Morganton Blvd., Lenoir, NC 28645.

This warranty gives you specific legal rights and you may also have other rights which may vary from state to state. Some states do not allow limitations on how long an implied warranty will last or the exclusion or limitation of incidental or consequential damages, so the above limitations or exclusions my not apply to you.

Independant Sales Representatives

Many of our products are sold through independent sales representatives who are not our employees. Independent sales representatives are not authorized to make any legally binding commitment on Bernhardt Hospitality’s behalf. Payment of your order should not be made to independent sales representative.