OUR TERMS

General

All proposals, negotiations, and representations, if any, regarding this transaction and made prior to the date of this acknowledgement are merged herein. All orders are subject to the following terms and conditions.

Order Procedures

Purchase orders must be received with complete information, which includes the following:
• Email orders to Sales@Lilyjack.com
• Complete/valid model numbers
• All textiles, finish, and material specifications for each line item.
• “Ship to” address and contact
• Special shipping instructions (tagging, requested dates, etc.)
• Billing address

Lily Jack will attempt to meet all requested ship or delivery dates. If no specific date is requested, we will assign the best possible ship date available.

Order Acknowledgements

Orders are subject to acceptance by Lily Jack under the terms and conditions as presented herein and the published price list/quotation and acknowledgements. These terms and conditions will prevail when in conflict with the terms and conditions of the purchaser’s purchase order contract. All accepted orders will be acknowledged within 3 business days. Purchaser is responsible for comparing this acknowledgement to their purchase order to see that all information regarding style, quantity, fabrics, finishes, prices, shipping information, etc. is correct. Orders will be produced as acknowledged unless the factory is notified within 72 hours.

Change Orders and Cancellation

A confirmed order may not be changed or cancelled, in whole or in part, without prior written consent of Lily Jack. Expenses incurred because of the changes shall be charged to the Purchaser. In the event of cancellations, Purchaser will be liable for reasonable cancellation charges established by Lily Jack. Changes may affect delivery dates.

Payment Terms

Our standard terms are 50% deposit with the balance due prior to shipping, unless otherwise noted on the quote. Open account terms may be extended at Lily Jack’s discretion. A 1.5% per month interest charge will be assessed on all past due accounts. Accounts seriously in arrears will be subject to repossession of the supplied furniture. If legal action is required to collect past due accounts, clients will be responsible for all attorneys’ fees and court costs. Lily Jack accepts checks, ACH and wire transfers. We do not accept payment via credit card.

Taxes

All taxes, fees, or duties which Lily Jack may be required to pay or collect as result of the sale, purchase, use, delivery, storage, etc. shall be charged to the purchaser who will promptly reimburse Lily Jack, unless otherwise noted on the quote. Sales tax will be collected by Lily Jack for all projects should the final destination be California, New Jersey, or Minnesota.

Production Lead-Times

Production lead-times are based on Lily Jack’s current production schedule at the time the quote is issued. At the time the purchase order is received, Lily Jack may adjust our lead-times in accordance with our current production capacity. We will make every effort to meet requested shipping and delivery dates. Orders are subject to delay of delivery due to strikes or other labor difficulties, failure or delay of sources of supply, transportation difficulties, riot, fire, accident, and compliance with government regulations, Acts of God, or other causes beyond our control.

Finishes (Metal and Wood)

All wood finishes will be quoted per the specifications. If it is unclear, Lily Jack will default to our standard wood species (European beech wood) with a standard wood stain finish. Pricing is subject to increase upon receipt of actual wood species and finish(es). Characteristic differences in color and grain are produced by nature in every tree. These variations create the beauty and interest found in fine woods. The samples are an indication of the color and character of the finish only. All finishes are hand applied and will vary depending on surface, shape and material used. Lily Jack offers a number of metal finishes. Actual metal finishes may vary from photographic reproductions. Images should be used for general reference only.

Fire Resistance

All internal materials meet CAL-117.

Upgraded Fire Code Requirements

If specific TB-133 product testing is requested for an entire piece of upholstered furniture to obtain certification, the cost of the entire piece of upholstered furniture plus the cost of testing must be accompanied by a purchase order. Additional COM/COL also needs to be provided.

Customer's Own Material (COM) / Customer's Own Leather (COL)

COM requirements are quoted on 54" wide, plain goods, unless COM specification provided with the RFQ notes a specific size and repeat of goods. Self-decking is standard if adequate yardage is supplied. Quoted yardage is approximate. To determine COL requirement, multiply the quoted yardage by 18. All square footage requirements are based on usable footage. The designer, specifier and/or purchaser shall be deemed an expert in the selection of COM or COL and assumes all risk and responsibility for selecting fabrics that are appropriate for the intended use and that comply with all applicable codes and regulations in the jurisdiction of ultimate use. Lily Jack cannot predict, nor be responsible for, how COM or COL wears in an installation setting. Therefore, Lily Jack specifically disclaims any responsibility for any defects that may arise in the use of COM or COL’S. Purchaser agrees to defend and hold harmless Lily Jack for any claim (including expenses and reasonable attorney’s fees) made against Lily Jack relating to any alleged defect in COM/COL materials. CAUTION: Using non-recommended cleaners or water on fabrics and leather may damage the material. Consult the COM/COL manufacturer for the proper cleaning procedures. All COM/COL must meet UFAC-1, Purchasing Agent to provide certificate of compliance. Lily Jack cannot be held responsible for any delays or costs related to COM/COL purchased and shipped without UFAC-1 Certification. If it is determined that the fabric requires acrylic, latex, or knit backing, it can be returned, or the customer will be responsible for all costs associated with backing the fabric. This also delays the scheduled ship date.

Casegood - Electrical Componentry

Lily Jack provides componentry only, hard wiring by others. Lily Jack does not provide UL approved installation of electrical components. Customer to indicate length of cord required along with path cord management.

Packaging, Freight, and Installation

Prices may or may not include carton, crating, freight, delivery, installation, or taxes, unless otherwise noted on the quote. See your quotation for details. Due to the fluctuations in gasoline/diesel prices, all freight quotes from Lily Jack are valid for only 30 days. All freight, delivery and installation charges are estimates at the time a quote is issued and will have to be reconfirmed at the time the purchase order is received and an estimated ship date is established. Lily Jack reserves the right to select the most appropriate mode of shipment. Lily Jack relinquishes all responsibility for goods shipped upon a clean receipt from the carrier. Customer bears the risk of loss or damage during shipment.

Storage

A warehouse fee of $.75 per square foot per week will be charged for completed orders when the shipment is delayed at the purchaser’s request. If the customer cannot accept delivery when merchandise is ready for shipment, we reserve the right to transfer goods to storage. Cost of transfer and storage will be charged to the purchaser and we will deem such transfer as constituting shipment, including invoicing as of date transfer is made. There will be a 2% handling charge associating with this.

Freight Claims

All sales are made FOB factory and title to the product passes to the purchaser upon delivery of the products to the carrier. All Lily Jack products are carefully inspected and securely packaged prior to the shipment and Lily Jack will not accept any claims for freight, warehousing or installation damage. Customers should carefully inspect all merchandise upon arrival and make claims for damage to the carrier immediately. All freight damage and shortage must be noted on the Carrier’s bill of lading or proof of delivery at the time of delivery. Freight claims should be filed within 5 days for visible damage and concealed damaged. If damages occur, it is crucial to keep all packing, carton and crating materials and digital photographs should be taken immediately. Failure to follow the above requirements shall constitute acceptance of the merchandise and waiver any defects, errors, or shortages.

Returns For Repair and Field Repair

No returns for repair will be accepted without our written authorization and shipping instructions. Unauthorized returns will not be accepted. The costs of field repairs or adjustments performed by non- Lily Jack personnel will not be reimbursed unless previously authorized by Lily Jack in writing. Lily Jack cannot guarantee any work performed by outside companies or persons.

Intellectual

All Lily Jack standard products are copyrighted by Lily Jack. Orders for custom products are manufactured to the specifications of the designer, purchaser or their agents and representatives who shall be deemed experts in the field of furniture design. Lily Jack specifically disclaims any responsibility or obligation to indemnify or defend designer, purchaser, customer, specifiers, architect, owner, or any others for claims alleging infringement or trademarks, copyrights, patents, designs or any other issues collectively described as intellectual property. Customer confirms that it is the originator of specifications for said product(s) and has clear title to said intellectual property and will defend and hold harmless Lily Jack for any claims (including expenses and reasonable attorney’s fees) to the contrary.

Limited Warranty

All Lily Jack products are sold with a limited warranty against defects in materials and workmanship for a period of one year from the date of shipment in normal contract use. This warranty does not extend to any COM, COL and other customer supplied decorative applications. This warranty also does not apply to any damage caused by shipping, misuse, abuse or ordinary wear and tear. No warranty whatsoever is made for any loss of use, loss of revenue or for any customer supplied materials. NO OTHER WARRANTY IS EXPRESSED OR IMPLIED. Inspection of furniture should be done on a regular basis to check for damage.

Maintenance and Care

Particular attention and care should be given while installing or relocating furniture. Dropping dragging or stacking may loosen joints, break legs, scratch, and chip wood surfaces, or damage the upholstery. Protect upholstered pieces from the sun, as ultraviolet rays will cause fading and deterioration and hairline cracking in wood finishes. Also, extreme room heat and/or humidity may cause damage. Before attempting to clean a spill, spot, or soiled areas, obtain the correct cleaning method recommended by the COM/COL manufacturer and test it in an area that is not visible. Housekeepers should be cautioned to avoid banging legs and flounces with vacuum cleaners, and using bleaching detergents, etc., for cleaning upholstery. Vacuum often (once a week) to remove dust and grit. Never brush any fabric with a stiff fiber or metal brush, as both are destructive to the fibers. Rotate cushions and fluff back pillows frequently. At least once each month, wood finishes should be cleaned with a soft cloth slightly dampened with a water-soluble wood finish cleaner to remove built-up grease and grime. Immediately wipe off any moisture accumulated on the surface or within joints. Do not excessively rub during any process. If polishing the exposed wood elements are desired, select one designed for furniture and the appropriate finish. Always test before overall application.

COVID-19

Lily Jack is proud to work with clients that find the health and safety of their guests to be of the utmost importance. The disinfectants that meet the criteria for use against SARS-CoV-2 may void the warranty of the metal and wood finishes applied by Lily Jack. To confirm, please provide a cleaning product list that can be verified as appropriate for use on custom products sourced from Lily Jack.