Terms & Conditions
This agreement contains the policies, terms, and conditions that apply to orders and purchases from Blue Rock Furnishings (Seller) that will be provided to all Clients (Customer) on all site furnishing orders and purchases of products. By placing an order with Blue Rock Furnishings, Customer accepts these policies, terms, and conditions. These policies, terms, and conditions are subject to change at any time without notice.
SHIPPING POLICY
Blue Rock Furnishings will ship anywhere in the United States. Most site furnishing orders require a minimum of three weeks but can take up to six weeks to complete depending on the size and complexity (customization and/or personalization) of the order. Rush orders are accepted in certain situations and can take up to two weeks off the Customers wait time. Rush orders are charged an additional 25 to 35% depending on the overtime the rush order causes within the Seller’s manufacturing facility. Orders may be delayed because of payment, billing, or shipping verification in order to prevent fraudulent credit card transactions. Blue Rock Furnishings does not process or ship orders on weekends or national holidays. All Blue Rock Furnishings orders will be shipped to Customer via approved LTL or parcel carrier. Tracking numbers will be provided upon request. Delivery times are not guaranteed. Seller reserves the right to use an alternative shipping method due to weight restrictions. Shipping charges are nonrefundable.
PURCHASE AND RETURN POLICY
Blue Rock Furnishings accepts to following payment methods: credit card (Visa, Mastercard, AMEX, Discover), company checks (needs to clear before shipping), and PayPal. The purchase price of the site furnishings or assembly/installation Services shall be as stated in Blue Rock Furnishings’ quotation, order acknowledgement, or separate written agreement signed by an authorized representative. Unless agreed by the Seller in writing, the purchase price does not include shipment costs. Pricing also does not include taxes. All changes or cancellations must occur before the order is processed. Customer is responsible for proper packaging and return shipping associated costs. 25% restocking fee applies to all returns.
INSPECTION OF ALL DELIVERIES
Customer acknowledges that Customer has inspected the deliveries from Blue Rock Furnishings or its manufacturers prior to taking possession thereof, finds it in good condition and is suitable for Customer's assembly and installation. Customer is familiar with the proper operation and use of the furnishings purchased. Customer acknowledges Seller is not responsible for any damage to Customer's site furnishing(s) caused by internal or contracted assemblers and installers.
COMMERCIAL SITE FURNISHING RENTALS
Blue Rock Furnishings provides some products to be rented to established clients for one-time events. Product rental include, but are not limited to, market & patio umbrellas, tables, chairs, and picnic tables. All rented commercial site furnishings out for demonstrations is the responsibility of the Customer. Rental period will be negotiated between Seller and Customer, unless otherwise specified by the Seller. Any damage or loss to the site furnishings is the responsibility of the Customer and must be paid for within 30 days of the original return date or late charges will apply. Customers are required to purchase insurance covering the cost of the rented furnishings. When returning Blue Rock Furnishings rented site furnishings, please package well – on pallets with shrink-wrap and appropriate packaging materials. Product damaged due to poor packaging is the responsibility of the Customer. Loss of site furnishings in shipping is the responsibility of the Customer.
LIMITATION OF LIABILITY
In no event shall Blue Rock Furnishings be liable or responsible to Customer or any other party for: (i) any loss, damage or injury caused by, resulting from or in any way connected with the site furnishings it sells, its operation or its use; (ii) Seller’s failure to assemble or install the ordered site furnishings as required here-under or Seller’s failure to repair or replace non-working or broken site furnishings within Customer’s request not approved by Seller; (iii) or any incidental, consequential, punitive or special damages. Customer acknowledges and assumes all risks inherent in the delivery, assembly, installation, and use of the site furnishings from the time the site furnishings are delivered to assembled by Customer or sub-contractors. Customer holds harmless Blue Rock Furnishings under all situations pertaining to the commercial site furnishings provided by the Seller.
USE OF COMMERCIAL SITE FURNISHINGS
Customer will not use or allow anyone to use the site furnishings sold by the Seller: (i) for an illegal purpose or in an illegal manner; (ii) without a license, if required under any applicable law; (iii) or who is not qualified to use it. Customer agrees, at Customer's sole expense, to comply with all applicable municipal, provincial, territorial, and federal laws, ordinances and regulations (including those related to occupational health and safety) which may apply to the use of any site furnishings sold by Seller. CUSTOMER AGREES TO DEFEND, INDEMNIFY AND HOLD BLUE ROCK FURNISHINGS HARMLESS FROM ALL FINES, PENALTIES AND COSTS. Customer agrees to: (i) check site furnishings for abuse, cracks in metal, loose parts/legs/tops, etc.; (ii) clean and visually inspect the site furnishings weekly; (iii) and immediately notify Seller when site furnishings need repair, general maintenance, or site furnishings become unusable or unsafe. Customer acknowledges that Seller has no responsibility to inspect any of the site furnishings while it is in Customer's possession. Seller shall have the right to replace the site furnishings with other reasonably similar furnishings at any time and for any reason at full retail minus the current replacement cost discount (20 to 40% off original cost depending on SKU #). Unless Customer otherwise notifies Seller in writing at the time of signing this Agreement, Customer represents and warrants that Customer is entering into this Agreement only for Seller to provide site furnishings to the Customer.
INDEMNITY / HOLD HARMLESS. TO THE FULLEST EXTENT PERMITTED BY LAW, CUSTOMER AGREES TO INDEMNIFY, DEFEND AND HOLD SELLER, AND ANY OF ITS RESPECTIVE OFFICERS, AGENTS, SERVANTS OR EMPLOYEES, AND AFFILIATES, PARENTS AND SUBSIDIARIES, HARMLESS FROM AND AGAINST ANY AND ALL LIABILITY, CLAIMS, LOSS, DAMAGE OR COSTS (INCLUDING, BUT NOT LIMITED TO, LEGAL FEES, LOSS OF PROFIT, BUSINESS INTERRUPTION OR OTHER SPECIAL OR CONSEQUENTIAL DAMAGES, DAMAGES RELATING TO PROPERTY DAMAGE, BODILY INJURY OR DAMAGES RELATING TO WRONGFUL DEATH) ARISING OUT OF OR RELATED TO THE OPERATION, USE, POSSESSION OR RENTAL OF THE STANDS. THIS INDEMNITY PROVISION ALSO APPLIES TO ANY CLAIMS ASSERTED AGAINST SELLER BASED UPON STRICT OR PRODUCT LIABILITY CAUSES OF ACTION. HOWEVER, CUSTOMER SHALL NOT BE OBLIGATED TO INDEMNIFY SELLER FOR THAT PART OF ANY LOSS, DAMAGE OR LIABILITY CAUSED SOLELY BY THE INTENTIONAL MISCONDUCT OR SOLE NEGLIGENCE OF SELLER. IN FURTHERANCE OF, BUT NOT IN LIMITATION OF THE INDEMNITY PROVISIONS IN THIS AGREEMENT, CUSTOMER EXPRESSLY AND SPECIFICALLY AGREES THAT THE FOREGOING OBLIGATION TO INDEMNIFY SHALL NOT IN ANY WAY BE AFFECTED OR DIMINISHED BY ANY STATUTORY OR CONSTITUTIONAL LIMITATION OF LIABILITY OR IMMUNITY CUSTOMER ENJOYS FROM SUITS BY ITS OWN EMPLOYEES. THE DUTY TO INDEMNIFY WILL CONTINUE IN FULL FORCE AND EFFECT NOTWITHSTANDING THE EXPIRATION OR EARLY TERMINATION OF THE AGREEMENT.
DISCLAIMER OF WARRANTIES. SELLER MAKES NO WARRANTIES, EXPRESS OR IMPLIED, AS TO THE MERCHANTABILITY OF THE SITE FURNISHINGS OR ITS FITNESS FOR ANY PARTICULAR PURPOSE. THERE IS NO WARRANTY THAT THE SITE FURNISHINGS ARE SUITED FOR CUSTOMER'S INTENDED USE, OR THAT IT IS FREE FROM DEFECTS. EXCEPT AS MAY BE SPECIFICALLY SET FORTH IN THIS AGREEMENT, SELLER
DISCLAIMS ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, MADE IN CONNECTION WITH THIS TRANSACTION.
OTHER PROVISIONS
A. Any failure of Blue Rock Furnishings to insist upon strict performance by Customer of any terms and conditions of this Agreement shall not be construed as a waiver of Blue Rock Furnishings right to demand strict compliance. Customer has carefully reviewed this Agreement and waives any principle of law which would construe any provision hereof against Blue Rock Furnishings as the drafter of this Agreement. Any rule of construction to the effect that any ambiguities are to be resolved against the drafting party shall not apply to the interpretation of this Agreement.
B. Customer agrees to pay all reasonable costs of collection, court, legal fees and other expenses incurred by Blue Rock Furnishings in the collection of any charges due under this Agreement or in connection with the enforcement of its terms.
C. Customer shall pay the charge(s) without any offsets, deductions or claims.
D. Customer consents to the collection, use and disclosure of his or her personal identification and financial information as described herein and in Blue Rock Furnishings Privacy Policy. Customer’s personal identification and financial information is provided voluntarily and not as part of a credit card transaction. Personal identification information includes, for example, Customer’s name, billing address, postal code, telephone number, date of birth, driver’s license number and email address. Financial information includes, for example, information related to any balances or invoices related to the Agreement. Customer’s personal identification information and financial information can be used for purposes of this transaction, any subsequent transactions with Blue Rock Furnishings and for Blue Rock Furnishings to evaluate and improve its products and services and/or develop new products or services. Customer’s personal identification information and/or financial information may be disclosed to contractors, service providers and other third parties, who may be located outside of Alabama where Customer’s information may be subject to disclosure under local laws, that support Blue Rock Furnishings business and who are bound by contractual obligations to keep personal information confidential and use it only for the purposes for which we disclose it to them.
E. These terms & conditions shall be governed by and construed in accordance with the laws of the Alabama and the federal laws of United States of America applicable therein.
H. The parties agree that this Agreement and any other document contemplated hereby will be drawn up in the English language only.
SHIPPING POLICY
Blue Rock Furnishings will ship anywhere in the United States. Most site furnishing orders require a minimum of three weeks but can take up to six weeks to complete depending on the size and complexity (customization and/or personalization) of the order. Rush orders are accepted in certain situations and can take up to two weeks off the Customers wait time. Rush orders are charged an additional 25 to 35% depending on the overtime the rush order causes within the Seller’s manufacturing facility. Orders may be delayed because of payment, billing, or shipping verification in order to prevent fraudulent credit card transactions. Blue Rock Furnishings does not process or ship orders on weekends or national holidays. All Blue Rock Furnishings orders will be shipped to Customer via approved LTL or parcel carrier. Tracking numbers will be provided upon request. Delivery times are not guaranteed. Seller reserves the right to use an alternative shipping method due to weight restrictions. Shipping charges are nonrefundable.
PURCHASE AND RETURN POLICY
Blue Rock Furnishings accepts to following payment methods: credit card (Visa, Mastercard, AMEX, Discover), company checks (needs to clear before shipping), and PayPal. The purchase price of the site furnishings or assembly/installation Services shall be as stated in Blue Rock Furnishings’ quotation, order acknowledgement, or separate written agreement signed by an authorized representative. Unless agreed by the Seller in writing, the purchase price does not include shipment costs. Pricing also does not include taxes. All changes or cancellations must occur before the order is processed. Customer is responsible for proper packaging and return shipping associated costs. 25% restocking fee applies to all returns.
INSPECTION OF ALL DELIVERIES
Customer acknowledges that Customer has inspected the deliveries from Blue Rock Furnishings or its manufacturers prior to taking possession thereof, finds it in good condition and is suitable for Customer's assembly and installation. Customer is familiar with the proper operation and use of the furnishings purchased. Customer acknowledges Seller is not responsible for any damage to Customer's site furnishing(s) caused by internal or contracted assemblers and installers.
COMMERCIAL SITE FURNISHING RENTALS
Blue Rock Furnishings provides some products to be rented to established clients for one-time events. Product rental include, but are not limited to, market & patio umbrellas, tables, chairs, and picnic tables. All rented commercial site furnishings out for demonstrations is the responsibility of the Customer. Rental period will be negotiated between Seller and Customer, unless otherwise specified by the Seller. Any damage or loss to the site furnishings is the responsibility of the Customer and must be paid for within 30 days of the original return date or late charges will apply. Customers are required to purchase insurance covering the cost of the rented furnishings. When returning Blue Rock Furnishings rented site furnishings, please package well – on pallets with shrink-wrap and appropriate packaging materials. Product damaged due to poor packaging is the responsibility of the Customer. Loss of site furnishings in shipping is the responsibility of the Customer.
LIMITATION OF LIABILITY
In no event shall Blue Rock Furnishings be liable or responsible to Customer or any other party for: (i) any loss, damage or injury caused by, resulting from or in any way connected with the site furnishings it sells, its operation or its use; (ii) Seller’s failure to assemble or install the ordered site furnishings as required here-under or Seller’s failure to repair or replace non-working or broken site furnishings within Customer’s request not approved by Seller; (iii) or any incidental, consequential, punitive or special damages. Customer acknowledges and assumes all risks inherent in the delivery, assembly, installation, and use of the site furnishings from the time the site furnishings are delivered to assembled by Customer or sub-contractors. Customer holds harmless Blue Rock Furnishings under all situations pertaining to the commercial site furnishings provided by the Seller.
USE OF COMMERCIAL SITE FURNISHINGS
Customer will not use or allow anyone to use the site furnishings sold by the Seller: (i) for an illegal purpose or in an illegal manner; (ii) without a license, if required under any applicable law; (iii) or who is not qualified to use it. Customer agrees, at Customer's sole expense, to comply with all applicable municipal, provincial, territorial, and federal laws, ordinances and regulations (including those related to occupational health and safety) which may apply to the use of any site furnishings sold by Seller. CUSTOMER AGREES TO DEFEND, INDEMNIFY AND HOLD BLUE ROCK FURNISHINGS HARMLESS FROM ALL FINES, PENALTIES AND COSTS. Customer agrees to: (i) check site furnishings for abuse, cracks in metal, loose parts/legs/tops, etc.; (ii) clean and visually inspect the site furnishings weekly; (iii) and immediately notify Seller when site furnishings need repair, general maintenance, or site furnishings become unusable or unsafe. Customer acknowledges that Seller has no responsibility to inspect any of the site furnishings while it is in Customer's possession. Seller shall have the right to replace the site furnishings with other reasonably similar furnishings at any time and for any reason at full retail minus the current replacement cost discount (20 to 40% off original cost depending on SKU #). Unless Customer otherwise notifies Seller in writing at the time of signing this Agreement, Customer represents and warrants that Customer is entering into this Agreement only for Seller to provide site furnishings to the Customer.
INDEMNITY / HOLD HARMLESS. TO THE FULLEST EXTENT PERMITTED BY LAW, CUSTOMER AGREES TO INDEMNIFY, DEFEND AND HOLD SELLER, AND ANY OF ITS RESPECTIVE OFFICERS, AGENTS, SERVANTS OR EMPLOYEES, AND AFFILIATES, PARENTS AND SUBSIDIARIES, HARMLESS FROM AND AGAINST ANY AND ALL LIABILITY, CLAIMS, LOSS, DAMAGE OR COSTS (INCLUDING, BUT NOT LIMITED TO, LEGAL FEES, LOSS OF PROFIT, BUSINESS INTERRUPTION OR OTHER SPECIAL OR CONSEQUENTIAL DAMAGES, DAMAGES RELATING TO PROPERTY DAMAGE, BODILY INJURY OR DAMAGES RELATING TO WRONGFUL DEATH) ARISING OUT OF OR RELATED TO THE OPERATION, USE, POSSESSION OR RENTAL OF THE STANDS. THIS INDEMNITY PROVISION ALSO APPLIES TO ANY CLAIMS ASSERTED AGAINST SELLER BASED UPON STRICT OR PRODUCT LIABILITY CAUSES OF ACTION. HOWEVER, CUSTOMER SHALL NOT BE OBLIGATED TO INDEMNIFY SELLER FOR THAT PART OF ANY LOSS, DAMAGE OR LIABILITY CAUSED SOLELY BY THE INTENTIONAL MISCONDUCT OR SOLE NEGLIGENCE OF SELLER. IN FURTHERANCE OF, BUT NOT IN LIMITATION OF THE INDEMNITY PROVISIONS IN THIS AGREEMENT, CUSTOMER EXPRESSLY AND SPECIFICALLY AGREES THAT THE FOREGOING OBLIGATION TO INDEMNIFY SHALL NOT IN ANY WAY BE AFFECTED OR DIMINISHED BY ANY STATUTORY OR CONSTITUTIONAL LIMITATION OF LIABILITY OR IMMUNITY CUSTOMER ENJOYS FROM SUITS BY ITS OWN EMPLOYEES. THE DUTY TO INDEMNIFY WILL CONTINUE IN FULL FORCE AND EFFECT NOTWITHSTANDING THE EXPIRATION OR EARLY TERMINATION OF THE AGREEMENT.
DISCLAIMER OF WARRANTIES. SELLER MAKES NO WARRANTIES, EXPRESS OR IMPLIED, AS TO THE MERCHANTABILITY OF THE SITE FURNISHINGS OR ITS FITNESS FOR ANY PARTICULAR PURPOSE. THERE IS NO WARRANTY THAT THE SITE FURNISHINGS ARE SUITED FOR CUSTOMER'S INTENDED USE, OR THAT IT IS FREE FROM DEFECTS. EXCEPT AS MAY BE SPECIFICALLY SET FORTH IN THIS AGREEMENT, SELLER
DISCLAIMS ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, MADE IN CONNECTION WITH THIS TRANSACTION.
OTHER PROVISIONS
A. Any failure of Blue Rock Furnishings to insist upon strict performance by Customer of any terms and conditions of this Agreement shall not be construed as a waiver of Blue Rock Furnishings right to demand strict compliance. Customer has carefully reviewed this Agreement and waives any principle of law which would construe any provision hereof against Blue Rock Furnishings as the drafter of this Agreement. Any rule of construction to the effect that any ambiguities are to be resolved against the drafting party shall not apply to the interpretation of this Agreement.
B. Customer agrees to pay all reasonable costs of collection, court, legal fees and other expenses incurred by Blue Rock Furnishings in the collection of any charges due under this Agreement or in connection with the enforcement of its terms.
C. Customer shall pay the charge(s) without any offsets, deductions or claims.
D. Customer consents to the collection, use and disclosure of his or her personal identification and financial information as described herein and in Blue Rock Furnishings Privacy Policy. Customer’s personal identification and financial information is provided voluntarily and not as part of a credit card transaction. Personal identification information includes, for example, Customer’s name, billing address, postal code, telephone number, date of birth, driver’s license number and email address. Financial information includes, for example, information related to any balances or invoices related to the Agreement. Customer’s personal identification information and financial information can be used for purposes of this transaction, any subsequent transactions with Blue Rock Furnishings and for Blue Rock Furnishings to evaluate and improve its products and services and/or develop new products or services. Customer’s personal identification information and/or financial information may be disclosed to contractors, service providers and other third parties, who may be located outside of Alabama where Customer’s information may be subject to disclosure under local laws, that support Blue Rock Furnishings business and who are bound by contractual obligations to keep personal information confidential and use it only for the purposes for which we disclose it to them.
E. These terms & conditions shall be governed by and construed in accordance with the laws of the Alabama and the federal laws of United States of America applicable therein.
H. The parties agree that this Agreement and any other document contemplated hereby will be drawn up in the English language only.