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Terms and Conditions

All product is acknowledged and invoiced FOB Middletown, NY. Pricing is for standard product only and does not include cartoning, freight, delivery or installation. Prices, specifications and materials are subject to change without notice. Dimensions as shown in our literature can vary. Special quotations are valid for thirty days.

Due to the handmade nature of our products and variables in covering all weights, dimensions, descriptions and illustrations contained in Bright catalogues, literature price lists or advertisements are close approximations and subject to variation. Such materials are only intended to give a general description of the goods and any variations shall not be part of or void any if the Terms and Conditions of sale.

Credit Terms

All orders require a 50% deposit and the balance, including all and any additional charges, in full is due prior to shipment. On all balances outstanding longer than thirty days we will charge interest at 1 ½% per month or part thereof. The annual rate is 18%.

Bright Chair Company reserves the right to establish authorized dealers and appropriate lines of credit.

Storage charges of 1% per month will be charged to store merchandise not picked up within sixty (60) days from the date of invoice for final balance due.

Ordering

All orders must be received, accepted and acknowledged by Bright Chair Company’s headquarters office in Middletown, New York. No other office or representative has the authority to accept orders on behalf of Bright Chair Company.

Acceptance of order is based on the expressed condition that buyer agrees to all of the terms and conditions as outlined by Bright Chair Company as evidenced by delivery of acknowledgement, invoice and product. This is the complete agreement and no terms or conditions modifying the same will be valid unless modified in writing and signed by approved officers of both the buyer and Bright Chair Company. Shipment by Bright Chair Company in no way is an acceptance of any change in terms and conditions that buyer might note on their purchase order or subsequent documents that conflict or are inconsistent with Bright Chair Company terms and conditions.

Change Orders and Cancellations

Cancellations or changes in an order will not be accepted without factory approval. Once cover has been cut or frames put into production, any approved cancelled order is subject to a minimum 25% cancellation charge depending on the extent of work completed.

Any cancellation that is accepted on acknowledged orders where materials have not been put into production carry a 10% handling charge.

Shipping Responsibility

All shipments are delivered to the transportation company in good condition, as evidenced by a clean Bill of Lading, at which time title passes onto the buyer along with all risk for loss or damage and our responsibility ends. A signed Bill of Lading is confirmation by the carrier that they have accepted responsibility for delivering the products in the condition in which they were received. Responsibility for damage occurring in-transit is the owner’s as is making all claims for freight. Upon delivery all exceptions must be noted and the packages opened at once if the conditions of the cartons or crates appear compromised. The receiving warehouse acts as agent for the client and is responsible to note any damage and assist the owner in filing a claim. A signed Bill of Lading indicates that the products were received in good condition unless otherwise noted on the Bill of Lading. In no circumstances is Bright Chair Company responsible for customer’s own or third party freight damage and claims.

All claims as to breakage, damage, or shortage must be made and adjusted with the transportation company. When accepting blanket wrapped delivery, carefully inspect all pieces and note any damage on receipts or Bill of Ladings. Promptly file any claim. When accepting cartoned shipments, note any external carton damaged since you are entitled to make claims for concealed freight damage bearing in mind the need for processing a timely claim. Take photos and keep damaged cartons for inspection along with a signed Bill of Lading indicating the damage claimed. In any event furniture should inspected within 48 hours of receipt and a claim filed within 5 days. Claims should be made within five days of receipt of merchandise. Regardless of any damage claims, adjustment or final adjudication of claims, our invoices are due in full as presented.

If merchandise is refused due to quality or damage issues the receiving warehouse should inform Bright promptly. Any claims regarding shortage or damage must be made in writing to Bright Chair Company within 72 hours after receipt.

Bright Chair Company cannot guarantee the arrival time of any shipment. Completion and delivery dates are estimates only. Bright shall not be liable for delays in completion or shipment or default in delivery for any reason of force majeure or for any cause beyond it's reasonable control including raw material or labor issues. In the event of any delay in Bright Chair Company's performance, due in whole or in part to any cause beyond Manufacturer’s reasonable control, Bright Chair Company shall have such additional time for performance as may be reasonably necessary under the circumstances. Acceptance by Buyer of any goods shall constitute a waiver by Buyer of any claim for damages caused by any delay in delivery of Bright product.

Merchandise Returns

No merchandise may be returned without proper factory authorization. Do not send merchandise to Bright Chair Company without authorization all such shipments will not be accepted. All returns must be prepaid by the shipper. Merchandise will not be accepted if shipped collect or without a proper RAN (Return Authorization Number).

Prepaid Freight Shipments

Unless otherwise requested, Bright will arrange to ship prepaid freight and or delivery which is invoiced with a handling charge. Bright Chair Company recommends using a qualified receiving warehouse to receive and inspect product. Shipments returned to Bright due to delay by buyer or failure to accept delivery will require buyer to pay all additional costs incurred by Bright including but not limited to additional freight, handling and storage charges. All freight and delivery charges are proforma and due with the final invoice before product will be released for shipment.

Customers may choose to make their own freight and delivery arrangement for which Bright charges a documentation and handling fee of $75 per order which will be added to the balance due. Bright must be notified of the specific details and such arrangements at time of order placement. Forty-eight (48) hour advance notice of pick up and confirmation from the factory location is required.

If a customer selects their own freight carrier, freight claims must be filed directly with the selected carrier.

The location of the pick-up by the client or the client’s agent may cause sales or other tax responsibility at that location.

Sales, Use Tax and Other Taxes

Unless specific arrangements to the contrary have been made, all sales assume that payment of any sales, use or miscellaneous taxes whether federal, state or local jurisdictions is the responsibility of the buyer. As such, all pricing is exclusive of any taxes whatsoever.

Warranties

Bright Chair Company warrants its products to be free of defects in materials and workmanship for a period of two (2) years from date of invoice. This warranty does not apply to any COM cover, casters or pneumatic lifts. All warranties assume normal and correct product usage. We accept no liability for breakage due to misuse or excessive wear and tear. Correct product specification for particular application is the responsibility of the purchaser.

The repair, replacement or prorated rebate of the full purchase price, chosen at the option of the manufacturer, constitutes the full liability of Bright Chair Company and is the sole remedy of the buyer. This warranty does not cover any costs for labor, removal, installation or freight of items covered by warranty. Replacement product will be replaced within standard lead times. Bright Chair Company assumes no liability for commercial loss or consequential damages or expenses directly or indirectly that may arise as a result of any product defect or fault regardless if such claim is a result of a breach of contract, warranty, negligence or any other act. All claims regarding warranty issues must be made within 30 days from the date buyer discovered or should have discovered said claim. It is understood that these limitations of remedy and liability are part of the terms and conditions of purchase of Bright product and by placing an order the buyer accepts these limitations.

This constitutes the entire warranty and is in place and in lieu of all other warranties of every kind whether implied or expressed including, but not limited to the warranty of fitness for a particular purpose or warranty of merchantability.

Fire Codes

Bright Chair Company uses, as standard, interior fill that meets California Bulletin 117 specifications. All furniture is manufactured with polyurethane foam products which, when ignited, will emit harmful fumes.

Bright products can be manufactured with interior fill that is in compliance with California Bulletin 133 interior fill specifications. To meet these specifications, Bright Chair Company uses coverings that have been tested to meet or exceed California Bulletin 117 compliance with a combination of fire retardant foam, Dacron fiber and an interliner between the fabric and the foam. Product certification is available at additional cost. Contact Customer Service for further information.

All Bright textiles and most COM coverings meet the California Bulletin 117. Other coverings can be processed to meet various other codes. Call for information and additional charges.

COM/COL Shipments

Requirements


FABRIC Yardage requirements are based on 54” wide plain fabrics and are based on patterns run railroaded off of the roll. For plain non directional fabrics cut into the roll add 25%.

Where stripes, plaids, patterns or narrow widths are involved, additional yardage will be required. Please contact our customer service department for additional yardage requirements.

LEATHER
Square footage is based on full size hides. Additional leather might be required due to irregular hide shapes or markings. Smaller calf skins require additional square footage and seaming - increase square footage by 50%. Such orders are subject to additional charge. Please bear in mind that leather is a natural product. Scars, wrinkles, pockmarks and other natural imperfections are part of the natural beauty of leather and should be expected when using leather. If this is not acceptable, then another covering selection should be considered.

For the customer’s protection, we request that samples of selected cover accompany an order. While we will do our utmost to detect mistakes by others, we take no responsibility regarding the COM cover relative to quality, correct pattern, color or yardage verification.

Collect shipments will not be accepted. Cover should be sent prepaid to:
Bright Chair Company
51 Railroad Avenue
Middletown, NY 10940


All packages must be marked, as follows:
Name of Customer
Customer Order Number
Style of pieces to be covered
Specific instructions for application


If no specific instructions accompany the order, we will use our best judgment in applying stripes or patterns. However, responsibility remains with the customer.

C.O.M. Responsibility

Due to the wide range of weaves and filaments used in upholstery fabrics, we do not assume any responsibility as to wear, damages, seam slippage, fading, pilling, wrinkling, dye variations or any other problems relating to C.O.M. covers. We assume that all covers have been inspected by the seller of the cover and are up to their standards.

While we will use our best judgment, our cutting the cover in no way implies our approval, acceptance or assumption of any warranties as to wear or fitness of the cover for the usage ordered.

Product Care

TEXTILES
Care for textiles by vacuuming or lightly brushing. Maintain textiles by keeping them away from direct sunlight. Rotate and flip cushions when vacuuming for even wear. The nap of high pile textiles such as mohair and velvet may become crushed or lose its original pile height. A light steaming will help to lift the pile to its original height. The textile should also be brushed with a de-linting brush to maintain its pile. Water based or solvent cleaner may cause discoloration or staining. We recommend that stained or soiled textiles be professionally cleaned.

LEATHERS
Leather is a soft porous material that is sometimes uncoated and can easily absorb liquids and oily substances. Avoid saturating the leather with lotion or water for a long period of time. Care for leather by dusting and lightly vacuuming. Maintain leathers by keeping them away from direct sunlight and heating vents. Leathers are a natural material that breathes and moves as they age. We recommend that stained or soiled leathers be professionally cleaned.

FURNITURE
With the proper care and attention, Bright Chair Company products are designed to give you years of service with little or no maintenance for intended use.

Care for your wood and lacquer pieces by dusting regularly with a soft cloth. Clean by using a dry or slightly damp soft cloth. Follow by polishing with a dry soft cloth. Do not use commercial, heavy-duty polishes or waxes, as they can yellow light finishes.

We recommend that stained or soiled pieces be professionally cleaned or refinished. For any product that is heavily damaged or excessively worn, seek professional assistance.

Cushions

CUSHIONS: All lounge seating specified for contract application comes standard with Dacron wrapped foam cores. If desired all seat cushions can be specified with a foam core and 50% feather and 50% down wrap Back cushions can be specified with 50% feather and 50% down combination.

Wood finishes

Cherry is the standard exterior wood available on all models, which can be finished to match most colors. Many styles are available in walnut, maple and oak wood subject to finish surcharges. Custom color finishes and other wood species are available as a special quote. Inquire with customer service for applicable upcharges and custom quotations.

Wood is a natural product. Bear in mind that certain marks and variations in color and graining are intrinsic to this product and should be expected. Finish samples are only presented as representative of color or graining and are not presented as exact matches. While all efforts are made to provide consistent and accurate color matches, no absolute guarantee is made or implied.

Our woods have been stained and lacquered to bring depth and beauty to each finish. Although we use semi and full catalytic lacquers they are still susceptible to wear. Do not place or leave hot or moist objects directly on the wood. Avoid extreme humidity changes, as extremely dry air can cause wood to crack and lacquer to lift. Do not place near heaters and air conditioning units to prevent over-drying or exposure to excessive moisture. Rubber or plastic left on the wood finish can also damage the finish. Manufacturer does not guarantee finishes against fading and oxidizing.

Bright only uses woods from sustainable forests, not from endangered wood species. Our suppliers are Smart Wood Certified by the Forrest Stewardship Council ensuring that all woods are tracked through the manufacturing process. Bright uses only water based adhesives and catalytic finishes with virtually no VOC content

Remedies Upon Default

If Buyer fails to make payment in accordance with the terms of this agreement or otherwise fails to comply with any provision hereof, Bright Chair Company may at its option, cancel any unshipped portion of this order, retain the goods and declare a forfeiture of the deposit as liquidated damages. Bright Chair Company shall, in addition to other remedies available under any applicable Uniform Commercial Code or otherwise by law maintain the right to appropriate and apply the goods to payment due hereunder or proceed to sell or otherwise dispose of the goods at public or private sale for cash or credit with provided the Buyer shall be credited with proceeds of such sale when the proceeds are received by Bright Chair Company. If any notification or intended disposition is required by law, such notification shall be deemed reasonably and properly given if mailed at least ten days before such disposition, postage prepaid, to Buyer. Manufacturer may apply any proceeds of the goods to the payment of expenses and costs to exercise Manufacturer’s rights hereunder, and any balance of such proceeds shall be applied against Buyer’s account in such order as Manufacturer shall determine in its sole discretion. Buyer will remain liable for the balance of all unpaid accounts.

Waiver

Waiver by Manufacturer of any breach of these terms and conditions shall not be construed as a waiver or any other breach, and failure to exercise any right arising from any default hereunder shall not be deemed a wavier of such right at any subsequent time.

Severability

In the event that any one or more of these terms or conditions is held invalid, illegal or unenforceable, such provision or provisions shall be severed and the remaining terms and conditions shall remain binding and effective.

Controlling Law

This agreement shall be deemed to have been executed and delivered at Bright Chair Company, 51 Railroad Avenue, Middletown, NY 10940. This agreement and all rights and obligations hereunder, including matters of construction, validity and performance shall be governed by the laws of the State of New York including the Uniform Commercial Code as enacted in that jurisdiction. All disputes shall be filed in with the American Arbitration Association in Middletown, New York and governed by the rules of AAA. All decisions made in the arbitration will be considered binding and an entry of judgment shall be deemed to the prevailing party. The prevailing party shall pay attorney fees and cost. Any judgment rendered by the arbitrator may be entered in any court having jurisdiction.