Brown Jordan - Art Of The Good Life
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Terms and Conditions

PAYMENT

Brown Jordan Company shall invoice the Customer for each order shipped. The Customer shall make payment in accordance with the “Terms” section of the invoice. No cash discount is permitted. When an order acknowledgment applies to a special promotional program authorized by Brown Jordan Company the terms of payment for that program shall supersede the payment terms in this paragraph.

SERVICE CHARGE

Invoices past due will be charged a service charge of 1.5% per month from the date of the invoice. In the event that any interest paid is deemed to exceed the maximum permitted by state law, Brown Jordan Company will refund the excess interest paid. Brown Jordan Company will also charge $50.00 for each check transaction returned unpaid.

SHIPMENT

The estimated ship date appearing on the Order Acknowledgement is an estimated date only. All prices and shipments are F.O.B. factory of Brown Jordan Company. Title to the merchandise and risk of loss or damage thereto passes to the Customer at the F.O.B. point. All transportation costs shall be borne by the Customer.

CLAIMS/WARRANTY

Any claim for the defective merchandise or shortage shall be presented to the factory that shipped said furniture, through the Customer Service department. Brown Jordan Company’s applicable written warranty shall dictate appropriate action to be taken to remedy this claim. Brown Jordan Company will not accept returned goods without its prior written authorization. Goods returned under written authorization from Brown Jordan Company shall be at the expense of the customer unless otherwise authorized in writing.

Products shipped into or within Texas hereunder conform to applicable Texas flammability law. All Cushions will comply with applicable Technical Bulletins of the Texas Bureau of Home Furnishings, as that law or Bulletins may be amended or supplemented in the future. Brown Jordan Company shall not be responsible for any damages occasioned by delays, failures, or omissions hereunder.

Brown Jordan Company warranty is a limited warranty and applies to the original purchaser only. Proof of purchase and photographs/digital images are required. Warranty coverage begins on the date of purchase. In some cases, there will be a pro-rated charge for the time the product was in use. This is a residential warranty and does not apply to commercial use. Please refer to page 6 for our commercial warranty. Warranty does not apply to floor samples or "seconds."

CARRIER DAMAGE CLAIMS

Carefully inspect all shipments at the time of arrival before accepting merchandise from the carrier. If during or after unpacking of the merchandise, the damage is found, notify the carrier’s agent immediately to inspect the merchandise. Save all cartons and packing. Any claims for shortages should be presented to the freight carrier upon arrival of the merchandise. The agent is required to issue a “concealed damage” report. ALL CLAIMS FOR FREIGHT DAMAGE MUST BE HANDLED BETWEEN THE CUSTOMER AND THE CARRIER. However, Brown Jordan Company will render, where possible, reasonable assistance in settling claims. Make comments of any damage to the product, and note it on the bill of lading at the time of delivery.

TAXES

Any sales or use tax imposed on the manufacture, sale, or delivery of the merchandise shall be the responsibility of the Customer.

ASSIGNMENT

Orders shall not be assigned by the Customer without the prior written approval of Brown Jordan Company.

INSOLVENCY

In the event of insolvency, business failure, dissolution, appointment of a receiver of all or any part of the property, assignment for the benefit of creditors, or the commencement of any proceeding under any bankruptcy or insolvency laws by or against the Customer, Brown Jordan Company may terminate its performance hereunder at any such time and without notice.

CONFIDENTIALITY

The Customer, on behalf of itself, its employees, and agents, agrees that any ideas, concepts, information or processes received from Brown Jordan Company shall be the property of Brown Jordan Company, shall be preserved in confidence by the Customer, and shall not be disclosed by the Customer to third persons without the prior written approval of Brown Jordan Company.

WAIVER

No waiver or modification of any of the provisions hereof shall be effective unless made in writing and signed by duly authorized representatives of Brown Jordan Company. Sales representatives are not authorized to make any such waiver or modification.

INTERPRETATION

The Customer and Brown Jordan Company agree that the Uniform Commercial Code (as enacted in the State of Texas) expresses their intention and understanding as to all matters relating to product orders within the scope of said Code except insofar as an inconsistent intention is specifically and expressly stated in the Acknowledgement. The information and substance of all agreements between the Customer and Brown

Jordan Company with respect to goods shipped pursuant to the Acknowledgement and the Acknowledgement itself, shall be construed in accordance with and governed for all purposes by the laws of the State of Texas.

DISPUTE RESOLUTION

The parties agree that the State of Texas shall have personal jurisdiction over all parties hereto in any suit arising under or related to the Acknowledgement and venue for any such suit shall lie in a State or Federal court in Texas except that at the option of either party, any such suit may be resolved by binding arbitration conducted under the auspices of JAMS/Endispute in Texas. The parties agree that in the event of any legal action relating to this agreement the no prevailing party shall pay the attorney’s fees and cost of the prevailing party.

COMPLETE AGREEMENT

The Order Acknowledgement constitutes the full and complete agreement between the Customer and Brown Jordan Company. All prior negotiations and representations have been merged into and are replaced by the Order Acknowledgement and provisions of the Customer’s purchase order which are inconsistent with the provisions hereof shall not be applicable to the sale of shipment of the merchandise referred to herein.

Unless the Customer notifies Brown Jordan Company in writing to the contrary within seven days of the date of the Order Acknowledgement, the terms and conditions of the Order Acknowledgement shall be deemed to be accepted by the Customer. Only written approval by Brown Jordan Company given to the Customer thereof specifically referring to such other terms and conditions shall be binding on Brown Jordan Company.