Designer Terms
TERMS AND CONDITIONS:
Terms and conditions are subject to change without notice. Please retain a copy of this page during your confirmation of order.
By placing any order to ALT FOR LIVING, ALT LA, ALT East, Shop ALT Online (further referred to as “ALT” or the “Seller”), customer agrees to the terms and conditions, which replace in their entirety any and/or all of the pre-printed purchase order terms and conditions appearing on customer’s purchase order forms. Making a payment to ALT is evidence of such assent.
Purchaser acknowledges that any and all of the patterns, drawings, designs, specifications, copyrights, trademarks and other intellectual property rights used or embodied in or in connection with the merchandise (“Intellectual Property”) are and shall, at all times, remain the sole property of Seller. Purchaser acknowledges that it shall not utilize the Intellectual Property except as contemplated in this Agreement.
TERMS OF SALE:
All orders are considered firm and final sale. ALT will not entertain any request to accept cancellation of any custom or special order. Should ALT accept a cancellation of an order (which acceptance may be withheld for any reason), ALT shall have the right to retain in full the deposit paid by purchaser for such order. In the event a cancellation is approved, a store credit will be issued.
ALT For Living will honor original pricing as long as it’s within the agreed upon estimated lead time and storage period. Quotes are valid for 30 days. Anything beyond this is subject to a price increase.
PAYMENT:
ALT gladly accepts checks, wire transfers, ACH payment and credit cards. Please note convenience fees may apply.
All sales require an initial payment of at least fifty (50%) percent, with the balance (including delivery, insurance and other related charges as well as sales or other taxes) to be paid before delivery, unless other arrangements have been agreed to, in writing, by Seller. All deposits are non-refundable.
For any rush orders, fees may apply, and the order must be paid in full. Payment in full is required for any fabric and in-stock orders.
Unless specifically stated to the contrary, all delivery, packing, crating, shipping, in-transit insurance, local delivery, uncrating and installation charges, as well as sales or other taxes are in addition to the stated purchase price.
Prices quoted herein are applicable solely to this order. Changes in the scope of work will render orders null and void and result in a new quote and/or change of order. Prices are subject to change without notice.
If payment is not made in full within thirty (30) days of invoice, Purchaser shall be charged the cost of transfer and storage. Purchaser bears the risk of loss or damage during such transfer and storage.
Seller shall have the right to charge the Purchaser interest computed at the rate of two percent (2%) per month, or if lower at the highest rate permitted by law, if the balance due is not paid in accordance with the terms of Seller’s invoice. Purchaser will be liable for all reasonable costs, expenses and fees, including reasonable attorney’s fees, incurred by Seller in collecting monies due or to become due hereunder.
Any action by Purchaser arising out of or relating to this Agreement must be commenced by Purchaser within one (1) year after the cause of action has accrued.
All monies paid on account of this order shall be credited to the account of the named Purchaser. Seller’s acceptance of payment from anyone other than Purchaser shall be as an Accommodation only and shall not create a vendor-vendee relationship express or implied with a payee other than the Purchaser.
Customer authorizes ALT to charge all balances and fees due to the credit card used at the time of purchase.
NATURAL MATERIALS/HANDMADE PRODUCTS:
Variations in color, quality and size are inherent to this product and are not considered manufacturing flaws but rather contribute to the unique quality of the handmade product. Slubs, bars, join or gypsum lines, seams, and/or other irregularities are considered unique qualities of the product. Industry standards dictate a variance of +/- 4-6% unless otherwise noted. Exact sizes are typically not possible in hand woven goods unless larger sizes are ordered and cut down after production.
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.
ALT is not responsible for precise color matching due to possible spinning, yarn, weaving or dye lot variations. It is the buyer’s responsibility to request cuttings of current stock for approval (if available) especially when ordering coordinating textiles.
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.
We are not responsible for the application or installation of ALT merchandise when using a workroom other than one hired by ALT.
Lead times are estimates only-ALT For Living cannot be held responsible for delays. Covid 19 can impact production and transit times. ALT For Living will be providing periodic updates. TRANSIT TIMES ARE TAKING LONGER THAN USUAL AND ORDERS CAN BE DELAYED. ARRIVAL TIMES AT WORKROOMS ARE NOT GUARANTEED.
Freight costs are estimated and may be additional at the time of shipment.
It is possible that the products may undergo some dimensional modifications, depending upon climatic conditions and relative humidity.
RUGS IN DIRECT SUNLIGHT CAN FADE. Please rotate rugs regularly and use closed blinds when possible.
Care instructions: Suction vacuum regularly and as needed. Professional cleaning recommended for spills and annual maintenance. NEVER USE A VACUUM WITH A BEATER BRUSH OR RUBBER-HEAD ATTACHMENT. WOOL WOVEN GOODS CAN GET FUZZY IF AGGRESSIVE VACUUMING IS USED.
Professional cleaning is recommended.
SAMPLING:
Samples/CFA for production are recommended but not required. Please note while ALT does its best to ensure the closest match possible, exact matching is not guaranteed.
FABRICS:
Irregularities in yarn, dye lots and content are possible, and not guaranteed or considered to be manufacturing defects. Variations in color, quality and size are inherent to this product and are not considered manufacturing flaws but rather contribute to the unique quality of the product.
Lead times start upon confirmation of order or CFA approval (if CFA is noted). Lead times are estimates only and encompass production times only, not shipping and transit. ALT For Living cannot be held responsible for delays. Covid 19 can impact production and transit times. TRANSIT TIMES ARE TAKING LONGER THAN USUAL AND ORDERS CAN BE DELAYED. ARRIVAL TIMES AT WORKROOMS ARE NOT GUARANTEED.
ALT For Living is not responsible for workrooms/upholsterer’s applying the wrong fabric. It is the responsibility of the workroom/upholsterer to verify the correct fabric is being used in the application.
Fabrics have not been treated for stain and or fire retardancy, unless otherwise noted.
Fabric is not guaranteed against, wear, fading or pilling. Distressing is a natural attribute to this quality and should be considered an enhancement.
ALT FOR LIVING recommends backing for upholstery. All fabric unless otherwise specified, is for light upholstery use only.
Professional cleaning recommended.
FURNITURE:
All items are made and assembled by hand and therefore measurements may vary slightly from those stated or specified.
Furniture items are finished individually by hand and therefore slight variations in color, tone and texture will occur. No guarantee can be made of an exact match.
Due to the distinctive nature and variability of the natural material, any item with solid slab wood may have knots, filled knots, saps, crotches, pitting and/or other slightly rustic elements and no two pieces are exactly the same.
Any natural marbles and/or stones are considered unique and one of a kind. Veining and coloring cannot be guaranteed or matched.
VINTAGE FURNITURE & FURNITURE SOLD OFF OF THE FLOOR:
All Items displayed on the website or on the floor are sold “AS IS”. Neither the Seller nor ALT makes any guarantee, warranty or representation, expressed or implied, to any Buyer with respect to any Item, including without limitation, its condition, merchant-ability, fitness for a particular purpose, quality, rarity, importance, provenance, designer or creator, exhibitions, literature, historical relevance or otherwise. No statement anywhere, whether oral or written, shall be deemed any such guarantee, warranty or representation. ALT makes no representation or warranty as to whether the Buyer acquires any reproduction rights or other intellectual property rights in any Item.
DELIVERY/DELAYS:
Quoted delivery dates are approximate dates only. Seller shall not be responsible for any delay in delivery or failure in performance for any cause beyond Seller’s control (including, but not limited to, labor disputes, failure or delay of sources to supplier, transportation difficulties, accidents, fires, acts of nature and/or acts of God) and/or any event which interferes with Seller’s normal business operations.
ALT recommends all receiving and handling to be performed by our subcontracted workroom(s) and/or other contracted agents of ALT. Refusal of ALT service is at the client’s own risk. If this option is declined, please note ALT relinquishes responsibility for any delays, damages and/or discrepancies in the receiving process. ALT 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.
ALT highly recommends the delivery/install of goods within 30 days of receiving. ALT 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 ALT 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 ALT’s possession in excess of 12 months will be cancelled without refund.
All fees for failed deliveries included “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.
INSTALLATION AND SPECIFICATION:
ALT is not responsible for discrepancies between on-site conditions and/or any specifications provided from the Purchaser.
Verification of all existing conditions and/or specifications must be confirmed by ALT with a professional measure and signed off by the Purchaser before confirmation of order. Pricing is subject to change with alteration to the scope of work as a result.
ALT cannot be liable for application and/or specification of goods. ALT, 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. Seams can and will be visible depending on the type of goods.
ALT will only perform work documented in the confirmation of order 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 confirmation of order and paid in full.
At the time of utilization, ALT must be the only contracted service provider in the work area. ALT 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, ALT can no longer be held liable for the goods and/or services provided.
LABOR:
INSTALLERS WILL NOT MOVE FURNITURE unless they are given a work order with confirmed costs signed off by the designer/client. Any heavy or expensive furniture must be moved prior to the workroom arriving onsite.
ARRIVAL TIMES for all workrooms are provided the afternoon before the scheduled date. If a specific time is needed, the workroom has an upcharge, to be advised by ALT For Living. Workrooms base their timing on location and provide a window of time which is not guaranteed due to factors outside of their control.
DELIVERY CANCELLATIONS communicated less than one working day prior to a scheduled delivery or installation will result in a cancellation fee.
CHANGES TO SCOPE OF WORK may result in additional costs and must be reviewed with ALT For Living prior to the delivery or installation date. The workrooms are given specific instructions and will not work outside those parameters unless they are provided an updated work order.
STORAGE FEES: Some workrooms charge storage fees after 60 days. ALT For Living will advise when storage fees will apply. All fees must be paid prior to release or delivery.
INCREASE IN LABOR COSTS: Workrooms also have periodic increases in materials and labor costs. Any increases by the workroom will be noted clearly and relayed to the client prior to installation/delivery.
CRATE COSTS: Oversize area rugs typically need to be crated in transit. This cost is typically given to ALT For Living once the rug has been woven and will be relayed to the client. There are additional costs to break down and dispose of crates with many of the workrooms, to be advised.
CLAIMS AND WARRANTIES:
All claims against ALT, 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. ALT’s liability shall not exceed the contract price and ALT shall in no event be liable for labor charges or any other consequential damages.
If claim is made within the approved time frame and is accepted by ALT, client must agree to the return/exchange terms offered by ALT. 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.
Seller’s merchandise will substantially conform to the description on the Seller’s Sales Order Agreement, except that such merchandise may vary slightly in finish, color match, weave, texture or pattern from description or sample; described sizes are approximate only. Provided that Seller is notified in writing within seven (7) days of delivery of merchandise of any nonconformance or defect and Seller verifies same, then Seller will repair, or at its option, replace such nonconforming or defective merchandise or part thereof free of charge. Seller is not responsible for damages relating to C.O.M. (customer’s own material), C.O.L. (customer’s own leather) or for damages 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. Wood, stone, iron and other metal finishes vary in tone, color, character and texture; variations are inherent in such products and finishes and are anticipated.
All other warranties, either express or implied are expressly excluded, including the warranties of merchantability and fitness for a particular purpose.
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.
Returns are not accepted on any material that is cut or otherwise treated.
Please allow thirty days from approval of a refund request for issuance of refund check. Checks cannot be returned to anyone but the account billed. Credits must be issued to the client’s account.
In no event shall Seller be liable for any consequential damages or shall Seller’s liability, for any reason, exceed the amount actually paid by Purchaser to Seller for the subject merchandise.
This agreement shall be governed by the laws of the State of New York, and cannot be changed, except by a further writing signed by the party against whom such change is sought to be enforced. Purchaser consents to the exclusive jurisdiction of the federal and state courts located within the county of New York, State of New York in connection with any controversy or claim arising out of or relating to this Agreement.
This Agreement is not binding on Seller until accepted and approved by a representative of Seller.
If any part of the terms and conditions stated herein are held void or unenforceable, such part will be treated as severable, leaving valid the remainder of the terms and conditions.
The acceptance of Purchaser’s order is subject to all of the terms and conditions hereof, which terms and conditions supersede Purchaser’s order form, if any, and constitute the complete and exclusive statement of the entire agreement between Purchaser and Seller. No course of prior dealings between the parties and no trade usage shall be relevant to supplement or explain any term herein. This writing shall be binding as to the merchandise specified, either (a) when signed and returned by Purchaser; (b) when retained by Purchaser for five days (5) without objection; (c) when Purchaser submits an e-mail or other document accepting or referencing this writing or Seller’s Sales Order; (d) when Purchaser has accepted delivery of any part of the merchandise or has furnished to Seller specifications or assortments, delivery dates, shipping instructions or instructions to build and hold; or (e) when Purchaser has otherwise confirmed acceptance, expressly or impliedly.