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. ### DiR/1/2022