DESIGN in RHYTHM
General Terms and Conditions
Special Notes
All products are made-to-order and 100% customizable. Additional
sizing, colors and other customization available upon request.
General
All DESIGN in RHYTHM (DiR) products are made-to-order,
commercial-grade heritage furniture; designed, handcrafted and
produced in Los Angeles by craftsmen who combine the highest
standards of workmanship with the best materials possible.
Order Acknowledgements
Orders are subject to acceptance by DESIGN in RHYTHM under
the terms and conditions as presented herein and the published
price list 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.
Change Orders and Cancellation
A confirmed order may not be changed or cancelled, in whole or in
part, without prior written consent of DESIGN in RHYTHM.
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 DESIGN in
RHYTHM. Changes may affect delivery dates.
Payment Terms
Our standard terms are payment in full upfront for all products.
DESIGN in RHYTHM accepts credit cards, checks, ACH and wire
transfers.
Taxes
All taxes, fees, or duties are the responsibility of the Purchaser and
will be collected by DESIGN in RHYTHM at the time of ordering.
Production Lead-Times
Production lead-times are based on DESIGN in RHYTHM current
production schedule at the time the order is made. At the time the
order is received, DESIGN in RHYTHM 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)
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 online 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. DESIGN
in RHYTHM offers a number of metal finishes. Actual metal
finishes may vary from photographic reproductions and renderings.
Images should be used for general reference only.
Fire Resistance
All materials meet CAL-117.
Customer's Own Material (COM) / Customer's Own Leather (COL)
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. DESIGN in
RHYTHM cannot predict, nor be responsible for, how COM or
COL wears in an installation setting. Therefore, DESIGN in
RHYTHM 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 DESIGN in RHYTHM for any claim
(including expenses and reasonable attorney’s fees) made against
DESIGN in RHYTHM 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, Purchaser must provide certificate of
compliance. DESIGN in RHYTHM 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 may also delay the scheduled ship date.
Casegood - Electrical Component
DESIGN in RHYTHM provides component only, hard wiring by
others. DESIGN in RHYTHM 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. Due to the
fluctuations in gasoline/diesel prices, all freight quotes from
DESIGN in RHYTHM are valid for only 30 days. All freight,
delivery and installation charges are estimates at the time an order
is placed and will have to be reconfirmed at the time the purchase
order is received and an estimated ship date is established. DiR
reserves the right to select the most appropriate mode of shipment.
DESIGN in RHYTHM relinquishes all responsibility for goods
shipped upon a clean receipt from the carrier. Customer bears the
risk of loss or damage during shipment.
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
DESIGN in RHYTHM products are carefully inspected and
securely packaged prior to the shipment and DESIGN in
RHYTHM 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
DESIGN in RHYTHM does not accept returns of any kind. ALL
SALES ARE FINAL
Intellectual Property
All DESIGN in RHYTHM products are copyrighted by DESIGN
in RHYTHM. 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. DESIGN in RHYTHM 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 DESIGN
in RHYTHM for any claims (including expenses and reasonable
attorney’s fees) to the contrary.
Limited Warranty
All DESIGN in RHYTHM 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 where applicable.
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.
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DiR/1/2022
