McAleer’s Office Furniture Terms & Conditions

PAYMENT

A 50% deposit is required for all special orders, for both Charge and Cash Accounts.

Non-Charge Accounts: Remainder of balance due before delivery, COD’s will not be accepted.

Charge Accounts: Terms are Net 30 days from invoice date (with current account in Good Standing).

Charge Account Customers: credit cards will be accepted with no processing fee within 20 days of the invoice; after 20 days, a 2.5% processing fee will apply.

Unpaid invoices: Invoices past the due date will accrue interest at 1.5% per month or the maximum amount allowed by law. All fees, including reasonable attorney’s fees, incurred in collection of monies due to the Seller will be paid by Buyer.

CANCELLATIONS

All or part of a furniture special order cannot be cancelled or changed after order is placed. If Buyer cancels after an order is initiated, Buyer will pay all charges incurred through cancellation date including any applicable restocking fees. These charges vary based on specific manufacturer policies, many of which do not allow any cancellations period. Buyer agrees that Buyer is solely responsible for verifying all dimensions, measurements and fit prior to ordering.

RETURNS

Special Order Returns: Manufacturers do not accept the return of furnishings. Merchandise cannot be returned or replaced, credit or deduction taken, or refund requested without prior written authorization from Seller (and only when available from the manufacturer) and without payment by Buyer of restocking, pick-up, uninstall and freight fees.

In Stock Returns on Case Goods: Total refunds are NOT available after merchandise has been delivered or picked up. A total refund is only available if the sale is cancelled prior to delivery or pick up. 80% of the purchase price may be refunded, if returned within 5 business days of delivery or pick up, and provided
furniture is returned in original condition, as determined by McAleer’s in its sole and absolute discretion.

In Stock Returns on Chairs: Refunds are available on Chairs, if returned within 5 business days, and provided chair is returned in original condition, as determined by McAleer’s in its sole and absolute discretion. Delivery fees are NON-REFUNDABLE, and there is a pick-up fee if a second trip is required.

Used Furniture & Clearance Items are not Non-Returnable, all sales are FINAL. All Used Furniture, /DM, Rental Returns, and Scratch & Dent Items are sold “As Is,” and no warranty claims are permitted.

PRICES

Prices quoted are valid for 30 days, or within calendar year if quoted during the month of December (due to manufacturer annual price increases in January).

DELIVERY AND INSTALLATION

24 Hour Notice is Required to Cancel Scheduled Delivery: cancellation or postponement with less than 24 hours’ notice will be subject to an additional delivery fee and possible storage fees.       

Condition of Job Site: The job site will be clean and free of debris prior to delivery and installation. If other trades on the job site or any activity of the Buyer delay the installation, the Buyer shall pay applicable fees. It is the Buyer’s responsibility to clear the area prior to the start of the installation.

Buyer is responsible for moving computers and all related equipment.

Building Electrical Connections: It is the responsibility of the Buyer to make electrical connections from the building power supply to the furniture and/or panel systems unless otherwise agreed to. Data and telephone cabling is also the responsibility of the Buyer.

Protection of Delivered Goods: Property damage/replacement insurance costs are the responsibility of the Buyer. Buyer is responsible for all loss or damage by trades such as painting or plastering, electrical or telephone installation, fire or other elements.

Storage: If Buyer is unable to take delivery of product processed through Seller’s distribution center, at the agreed upon date, Seller, at Buyer’s request, will store the product for the Buyer for a 30 day period at no charge to the Buyer. After 30 days, storage and handling fees will apply and will be paid by Buyer. Delay will incur storage and handling fees, paid by the Buyer, unless otherwise agreed upon.

Scope: Any services requested outside the original scope of work will be considered as a change order and will be subject to billing at the current hourly rate. This includes, but is not limited to; moving any existing items not ordered through seller, rearranging site in any way to enable delivery to be made and/or any delays caused by Buyer while Seller’s installation crew is on jobsite as scheduled.

INDUSTRY STANDARDS

All merchandise, including veneers, are subject to reasonable variations in color, pattern, grain and finish according to the trade customs of the industry. These variations, or any subtle changes over time, are not considered defects.

DELAY

Seller is not liable for failure, delay or interruption in performance which is beyond Seller’s control including strikes, lockouts, work stoppages, accidents, manufacturers’ production schedule, trucking delays and acts of God including weather, war and terrorism.

AGREEMENT

These Terms & Conditions supersede all prior oral and written agreements related hereof. These Terms and Conditions can only be amended in writing signed by Seller and Buyer’s authorized officers. If these Terms & Conditions conflict with prior documents, these Terms & Conditions control. These Terms and Conditions are governed by the laws of the State of Alabama without regard to its conflict of laws and provisions. If any term of these Terms and Conditions is invalid, illegal or unenforceable it will not apply but the remaining terms will continue to apply. Headings are for reference only and are not to be used in interpreting Terms & Conditions.  The parties agree that this Agreement shall be deemed to have been formed and performed in Alabama. Should either party institute legal proceedings related to, or arising out of, this agreement or any transactions between them, the parties irrevocably agree that jurisdiction and venue of such actions shall be exclusively in the Courts that are located in Mobile County, Alabama, and waive any objection to jurisdiction, including objections of convenience. The parties irrevocably waive their right to a trial by jury. Should either party be required to hire legal counsel to enforce any of its rights, including but not limited to, the Seller’s right to collect of any amounts owed by the Buyer, the prevailing party shall be entitled to collect the attorneys’ fees, expenses, costs and expert fees it incurs. Any amount owed by Buyer to Seller that is not timely paid shall be subject to a one-time late fee of 5% of the unpaid amount. Any amount owed by Buyer to Seller that is not timely paid shall incur interest at the rate of 1.5% per month until the unpaid amount is paid in full.

WARRANTY

Product warranty is provided by each manufacturer. Seller disclaims all express or implied warranties and offers no additional warranties.