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HTD TERMS AND CONDITIONS

 

These Terms and Conditions of Sale and Delivery (“Agreement”) govern all sales and deliveries by Home Trends and Design or “we” to the customer (“Buyer” or “you”). 

All other terms and conditions, including, without limitation, those terms and conditions contained in any purchase order(s) which are different from, in addition to, conflict with, or that vary from the terms hereof are hereby rejected and shall not be binding on Home Trends and Designs unless specifically accepted in writing. Acceptance of Buyer’s order is conditioned upon Buyer’s acceptance of the terms contained herein.

 

BUYER - Customer (and/or Prospective Customer or their representatives or agents) of the Company, Home Trends and Design, LTD engaged in ordering and or selling the Company’s products.

COMPANY - Home Trends and Design, LTD, also known as the Seller. (Including the brand World Interiors, and related abbreviations and related - HTD, HTDDIRECT, Home Trends & Design, WI, etc.)

PRODUCT - Company’s goods and services being offered and/or supplied to their customers.

INTELLECTUAL PROPERTY - Any design or product of the Company, along with images, photos, line drawings, samples, parts, sales and pricing information, collection names, product names, SKU or Codes, or any other identifier, description, finish, or image that could be construed to represent the Company’s product or brand.

 

WHOLESALE ONLY 

Home Trends and Design sells only to the wholesale trade. By submitting an order, you are guaranteeing that you are a valid retail business or licensed interior designer (“Designer”), that you are making wholesale tax-exempt purchases for resale, and that you agree to be bound by this Agreement.

To qualify for a tax-exempt sale shipping to CA, NY, TX, NC and GA, we must receive a copy of a valid resale certificate officially recognized by that state. Without that, we are required to collect sales tax for orders shipping to those states. 

 

SALES ORDERS

A Sales Order (SO) represents an irrevocable offer to purchase goods from Home Trends and Design, LTD, a Texas limited partnership ("Seller"), according to the terms and conditions set forth herein. Seller waives notice of acceptance of this offer. Buyer’s execution of this SO or other similar instructions to affect a sale of  products from the Seller or payment received from Buyer for all or part of a shipment of Seller’s products shall  constitute Buyer’s acceptance of these standard Terms and Conditions of Sale. Any deviation from these terms  and conditions are acceptable only if signed and approved by the Sellers authorized representative.  

Prices quoted by the Seller may change at any time without notice. All prices quoted are subject to correction for clerical errors. 

To provide security for the collection of the full price of purchased products, the Buyer grants to Seller a purchase money security interest in the Goods and all products and proceeds thereof and agrees that Seller shall have the rights and remedies of a secured party as described within the Texas Uniform Commercial Code.  

Products may be modified or discontinued without prior notice. Expected delivery dates are best estimates and do not constitute a guarantee of the time of delivery. Seller shall not be liable for failure to deliver or delay in  delivery or performance due to (i) a cause beyond its reasonable control. (ii) an act of God, an omission by Buyer, act of civil or military authority, governmental intervention, fire, natural disaster, strike or other labor difficulty, or failure on the part of the manufacturer or shipping company.  

Seller shall not in any event be liable and Buyer shall indemnify Seller against damages to any third party, whether the result of breach of contract tort (including negligence), product liability, warranty, or other grounds  or for actual, special, consequential, incidental or punitive damages including but not limited to loss of profits  or revenue, loss of use of goods or any associated goods, cost of capital, cost of substitute goods, facilities or services, downtime costs and claims of customers, employers, end-users, agents, lessors, contractors of Buyer and others for such damages.  

Seller's maximum liability to the Buyer shall be limited to the charges paid by Buyer to Seller for these goods and services. Any claim for loss or damage arising out of the supplying of Goods to buyer, or their sale, resale, operation or use, whether based on contract, warranty, tort (including negligence) or other grounds, shall be limited to the fees paid by Buyer pursuant to this SO. Buyer shall indemnify Seller against any and all damages to third parties that arise from the Buyer’s transactions or affiliations. This indemnification includes any actual or other damages and covers all revenue profit, capitol, costs to replace goods, or any other cost.  

All orders are final. For orders where a deposit has been made to secure the future delivery of goods, then this deposit is forfeited if the Buyer does not accept the goods once available and pay remaining amount due specified in the SO. 

Any dispute between Buyer and Seller shall be subject to resolution in the state or federal courts in Travis County, Texas. The SO is governed by the substantive laws of the State of Texas specifically including the provisions of the UCC as adopted by the State of Texas. Any balance due over 30 days will be charged an interest rate equivalent to the lower of 1% per month or the maximum allowable by law.  

Under no circumstances will we accept returns of custom orders or large orders (six (6) or more of the same product, or in excess of $10,000). Returned items must be in their original condition and packaging, and you shall prepay and be liable for all charges in connection with the shipping of returned goods, including insurance. A 25% Restocking Fee will be assessed upon all returns of merchandise that is not defective. Defective goods or goods damaged in transit will not be accepted. 

 

CONTAINER ORDERS

Orders will be put in production only upon receipt of the deposit as required, and Signed Sales Order or Standard PO from the Buyer. Unless other terms are expressly agreed to at the time of sale and in writing signed by the authorized representative of the Seller, the remaining payment will be due and payable prior to the delivery of the goods.  

If payment is not received in a timely fashion and/or buyer does not accept and unload the goods within the specified time limit of the shipping company the Buyer will be liable for all demurrage and storage costs that result from the delay. If the Buyer refuses the container and/or does not make the final payment in a timely fashion, the  Buyer agrees to pay any applicable diversion costs as well as a restocking fee (“Restocking Fee") equal to 25% of total order. Seller does not forfeit any other remedies that may be legally available to them to recover any amounts that exceed this amount for which the Seller has incurred as a result of the Buyers default or failure to pay for their orders. Additionally, since containers are “made to order” any cancellations must be received prior to commencement of production, or Restocking Fee will apply. 

 

PAYMENT

Payment for orders within the United States may be made by ACH, check, wire transfer, Visa, MasterCard and American Express. By providing a credit or debit card number to associate with your account, you agree that we may charge the credit card on file for any properly authorized orders. Only valid debit or credit cards or other payment methods acceptable to Home Trends and Designs may be used and all refunds will be credited to the same card or, at our discretion, other payment method. By submitting your order, you represent and warrant that you are authorized to use the designated debit or credit card or other payment method and authorize HTD to charge your order (including taxes, shipping, handling, and any other amounts detailed in your order) to that card or other payment method. If the card (or other payment method) cannot be verified, is invalid, or is not otherwise acceptable, your order may be suspended or cancelled automatically.

All international orders are prepaid only with wire transfer or check. 

 

WARRANTY

Any warranty does not cover problems that arise from: (i) accident or neglect by Customer or any third party; (ii) any third party items with which the Product is used or other causes beyond Home Trend and Designs’ control; (iii) installation, operation, or use not in accordance with HTD’s instructions or applicable documentation; (iv) use in an environment, in a manner, or for a purpose for which the Product was not designed; (v) modification, alteration, or repair by anyone other than HTD or its authorized representatives; or (vi) causes attributable to normal wear and tear.  Other than the warranties set forth in these TOS, and to the maximum extent permitted by applicable law, HTD and Affiliates, and their Providers: (i) make no other express warranties; (ii) disclaim all implied warranties, including merchantability, fitness for a particular purpose, title, and non-infringement; and (iii) disclaim any warranty arising by statute, operation of law, course of dealing or performance, or usage of trade.

These Terms and Conditions of Sale and Delivery (“Agreement”) govern all sales and deliveries by Home Trends and Design or “we” to the customer (“Buyer” or “you”). 

All other terms and conditions, including, without limitation, those terms and conditions contained in any purchase order(s) which are different from, in addition to, conflict with, or that vary from the terms hereof are hereby rejected and shall not be binding on Home Trends and Designs unless specifically accepted in writing. Acceptance of Buyer’s order is conditioned upon Buyer’s acceptance of the terms contained herein.

 

DAMAGES

Claims for damage to products not resulting from defects in material or workmanship are the responsibility of the carrier. In the event of visible exterior damage to the shipment (e.g., crushed box, broken crate, moisture), it is crucial to note the damage in writing on the carrier’s delivery receipt before signing and releasing the delivery driver.

Please be aware that Home Trends and Design will only accept claims for shipping damages if they are documented on the carrier’s delivery receipt. Return or rejected shipments to our facilities are not accepted. The Buyer commits to assisting the Seller in processing any claims against the shipping company or manufacturer in the case of receiving damaged or incorrect products. Timely claim processing is essential for the Seller to recoup any losses through insurance or with the shipping line or manufacturer.

It is the Buyer’s responsibility to thoroughly inspect the shipment upon receipt, note visible damages on trucker paperwork, make a copy, and promptly notify the Seller upon identifying any defects or damages.

To address an item damaged in transit, follow this procedure: Within fifteen (15) business days of receipt, (a) SAVE ALL PACKAGING UNTIL CLAIM IS RESOLVED, and (b) email info@htddirect.com with photos and invoice number to report damages. We will, at our discretion, repair, send parts or replacement component, or discount the item. If damaged item(s) are to be replaced, they may need to be returned before shipping a replacement or authorizing credit. Contact us to determine return shipment requirements. Most damaged items can be replaced for credit, without having to replace the entire kit/package, with credit issued for the replacement component only. Full product credit will not be issued unless otherwise specified.

 

RETURNS

Returns will only be accepted within 15 days of delivery and will only receive credit via a credit memo to be used for replacements and damages. It is within our sole discretion as to whether to accept returns of merchandise. You will not receive any credit for items returned without our prior authorization. Returned items must be in their original condition and packaging, and you shall prepay and be liable for all charges in connection with the shipping of returned goods, including insurance. A 25% restocking fee will be deducted from any store credit for all approved returns that are not defective.

For all returned products, use only the shipping documents provided by Home Trends and Design. All returns must be properly packaged with original packaging (unless otherwise instructed), clearly labeled with correct RA# and scheduled for pickup within five (5) business days of receipt of shipping documents.

 

MINIMUM ADVERTISED PRICING (MAP) POLICY/AGREEMENT

Our policy is made to protect the integrity of Home Trends and Designs product line and our retailers. The HTD MAP applies to, but is not limited to, advertising in catalogs, direct mail, websites, in-store displays and all other forms of advertising media, including the internet and other electronic medium available.

 

INTELLECTUAL PROPERTY RIGHTS

All information concerning Home Trends and Design, LTD products, including photos, sales materials or product  design are property and subject to trademark, service mark, trade dress, copyright and other intellectual property  rights held by Home Trends and Design, LTD. By signing the SO the Buyer and its owners, partners and affiliates  agree not to copy or otherwise cause to be copied any of the products, designs or items purchased from Home  Trends and Design, LTD. You may not copy, reproduce, modify, publish, distribute, transmit, transfer, reprint, post on  the Internet or create derivative works from such information. Furthermore, you will be responsible for any legal fees  associated with disputes arising from copyright infringements, whether or not associated with a direct retail sale.