Furniture: Terms & Conditions

Furniture Trading Terms & Conditions

Furniture Product Warranty

Furniture Sustainability Statement

Furniture Website Terms & Conditions

Furniture Privacy Policy

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FURNITURE: TRADING TERMS & CONDITIONS

These Sales Order Terms and Conditions (these “Terms”) govern all Furniture purchases from BRAYTON (“Seller”). Buyers of Seller’s goods agree to be bound by these Terms.

PRICES:

Orders will be billed at prices in effect at the time of order acknowledgment. Prices are exclusive of sales tax. Shipping charges will be itemized as a separate line item on the acknowledgement. Any custom stain match will be subject to a per order set-up fee and a $35.00 surcharge per unit unless otherwise stated on the acknowledgement.

SHIPPING AND DELIVERY:

Unless otherwise noted on our invoice, shipments are FOB destination, freight prepaid from Seller’s facility (Archdale N.C.). If Buyer coordinates shipment, FOB destination, freight collect, then delivery by Seller to the shipping point shall constitute delivery to Buyer. The signature of Buyer or any of its representatives on the Bill of Lading or receipt of shipment shall constitute conclusive proof of receipt by Buyer and shall be deemed acceptable by Buyer. Seller will arrange shipping upon request and shipping costs will be applied to the invoice. Any instructions received to change ship to addresses after shipping documentation and labeling have been prepared by Seller will be billed to the customer at cost, with a minimum charge of $100.00 per change.

SPECIFICATIONS:

The goods will meet the specifications as described on Seller’s website. Seller shall not be responsible for slight variations in stain color. Not Withstanding, seller reserves the right to make minor design modifications or changes.

PAYMENT TERMS:

Seller reserves the right to request 50% deposit with order; balance due prior to delivery. If buyer elects to pay by credit card, Seller will add a convenience fee of 2.75% of the Net Order for individual transactions of $2,500 or more.

NEW ACCOUNTS:

A credit application must be submitted to our Factoring Agent upon request and are subject to Seller’s written approval. If credit cannot be established, the terms are 50% deposit, with final balance due prior to delivery. For orders below $1,500.00 (exclusive of freight charges), payment is required in full. Seller has the right to cancel or limit Buyer’s ability to purchase on credit at any time.

ACCEPTANCE AND CANCELLATION OF ORDERS:

All orders are subject to acceptance by Seller which will be made in the form of an order acknowledgment or invoice. Once acknowledged by Seller, orders are non-cancellable except with the written consent of Seller. Where orders require full payment or a deposit before delivery, if such payments are not made within fourteen (15) calendar days of invoice, Seller shall have no obligation to deliver goods or return any pre-payments.

DELIVERY TIME:

Approximate delivery dates are as set forth on the order acknowledgment or invoice. Seller shall not be responsible for any loss or damage caused by delays beyond our control, including but not limited to acts of God, flood, war, government action, accident, labor trouble or shortage or inability to obtain material, equipment or transportation. If resulting delay occurs, shipments may be suspended and resumed upon removal of such cause.

DAMAGE IN TRANSIT:

Buyer is obligated to inspect the goods upon delivery. Where delivery is FOB destination, freight collect, Buyer agrees that it shall look to, the delivery carrier for all damage that occurs in transit; Seller bears no responsibility for same. Where Seller arranges for shipping FOB destination, freight prepaid, and is paid an additional charge for same, Seller shall replace or repair (at Seller’s option) the damaged goods as soon as reasonably practicable provided that Buyer provides within seven (7) calendar days of delivery of the goods: 1. Clear photos showing damage and 2. a shipping company delivery receipt that notes the damage. Seller will waive the requirement of a shipping company delivery receipt where the damage was concealed provided that the Buyer can prove that the damage was caused prior to delivery to Buyer.

MAINTENANCE AND CARE:

To keep goods safe and functional and preserve warranty claims, Buyer should inspect goods quarterly and tighten loose screws. Worn or damaged glides should be replaced. Buyer should only move goods that stack in complete stacks on chair dollies. Questions regarding maintenance can be found on our website: paulbraytondesigns.com or by emailing our customer service group: requests@paulbraytondesigns.com

LIMITED WARRANTY AND EXCLUSIONS:

Seller warrants the frames used in chairs and sofas and all other components of other furniture products (e.g. tables) to be free from material manufacturing defects for a period of five years (5) from the date of sale (the “Warranty Period”) provided that Buyer notifies Seller in writing of any defect for which a warranty is claimed within 30 days from the occurrence of the failure. Buyer will permit Seller representatives to inspect any damaged goods on site and to take photographs in BRAYTON’ sole discretion.

The limited warranty does not apply to upholstery and upholstery parts. Nor shall Seller have any obligation under this warranty with respect to a subsequent Buyer of the Products. SELLER MAKES NO OTHER EXPRESS WARRANTY WITH RESPECT TO THE GOODS AND EXPRESSLY DISCLAIMS ALL WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND ALL WARRANTIES ARISING FROM COURSE OF CONDUCT, COURSE OF DEALING OR CUSTOM OF TRADE. SELLER SHALL NOT BE RESPONSIBLE FOR ANY DAMAGE, CHANGE OR EFFECT TO THE GOODS RESULTING FROM OR RELATED TO ANY ACTS OR OMISSIONS OF BUYER, ITS AGENTS OR CUSTOMERS INCLUDING BUT NOT LIMITED TO FAILURE TO PERFORM THE REQUISITE MAINTENANCE AS SET FORTH HEREIN. NO REPRESENTATIVE OF SELLER IS AUTHORIZED TO MAKE ANY CHANGES OR MODIFICATIONS TO THESE LIMITED WARRANTIES. SELLER’S SOLE LIABILITY UNDER THIS LIMITED WARRANTY SHALL BE TO REPLACE OR REPAIR DAMAGED PRODUCT, AT SELLER’S SOLE DISCRETION. IN NO EVENT SHALL SELLER BE LIABILE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES FOR PERSONAL INJURY, LOST PROFITS OR PROPERTY DAMAGES RESULTING FROM THE USE OF THE GOODS SOLD BY SELLER.

PRODUCT COMPATIBILITY - OBSOLESCENCE POLICY

As a market leader in the design and manufacture of contract seating, we focus on maximizing component compatibility within our seating categories. During development of new product, we look to provide solutions that are compatible (yet different from a stylistic perspective) with previous generations of seating solutions. This approach allows us to offer similar seating solutions with common components and finishes. Our suppliers are vetted to ensure components are available even after products are moved out of production. We make every effort to build upholstered seating so the cover can be removed and replaced with a new cover if needed. We also provide re-upholstery services for clients who prefer to have us reupholster the seating we manufactured and sold.

Our obsolescence policy at BRAYTON takes reasonable steps to provide our customers with products of comparable form, fit, and function. As with any material or component, supply chain challenges can impact our ability to offer previously marketed products. In addition, fabrics and finishes are significantly impacted by design trends which shorten life cycles. In these situations, we will make every reasonable effort to find a compatible and coordinated solution.

TITLE, STORAGE AND REPOSSESSION:

Title to all goods remains with Seller until the invoice is paid in full. If payment is not received within a reasonable period of time, Seller may assess reasonable storage fees for merchandise being held pending payment. Seller may repossess the merchandise without notice, and Buyer may be reasonably charged for the use of the merchandise, storage fees, and any costs incurred by Seller in connection with repossession, freight, restocking or resale upon a payment default by Buyer.

RETURN OF MERCHANDISE:

No goods will be accepted for return, credit, repair or replacement unless acknowledged and approved by seller. The Buyer must obtain written permission and a Return Goods Authorization number from Seller to return goods. All returned goods must be sent PREPAID. Any goods sent collect will be refused.

COM - CUSTOMERS OWN MATERIAL:

Please call for COM requirements on orders over 50 pieces. Customer is responsible for ensuring the correct amount of COM is shipped. Additional shipping charges may apply if insufficient COM is sent. All COM yardage estimates are based on non-repeating patterns. Please call Customer Service if there are questions regarding repeats. Seller is not responsible or obliged to return any unused fabric. COM deliveries should be sent prepaid to Seller and tagged with the following: (1) BRAYTON Order Acknowledgment number (2) Dealer & Customer Name (3) Customer and Project name (4) Model number and quantity of chairs to which the fabric relates (5) Fabric Content (e.g., “50% polyester, 50% cotton”), Pattern, Color Specification and weight. Failure to provide this information may cause delays in producing your order.

GOVERNING LAW, JURISDICTION:

These terms and conditions shall be governed and construed in accordance with the Uniform Commercial Code as enacted in the State of North Carolina and other applicable laws of the State of North Carolina. Buyer agrees that the Federal Court of North Carolina, Randolph County, North Carolina shall have the exclusive jurisdiction to hear and determine any claims or disputes between Buyer and Seller, pertaining directly or indirectly to any goods supplied pursuant to the terms and conditions herein contained. Buyer expressly submits and consents in advance to such jurisdiction and any action or proceeding commenced in such courts. The exclusive choice of jurisdiction set forth herein shall not be deemed to preclude the bringing of any action by Seller for enforcement by Seller of any judgment or for any other remedies.

LIMIT OF LIABILITY:

Seller’s liability for damages to Buyer for any claim whatsoever, regardless of the form of action (whether in contract or tort, including negligence), shall be limited to actual damages, which in no event shall exceed the amount paid to Seller for the goods. Seller shall have no liability to Buyer (or any person or entity claiming through Buyer) for lost profits, loss of revenue or for incidental, special or exemplary or consequential damages and these are hereby waived by Buyer.

MISCELLANEOUS:

No terms or conditions other than those stated in this Agreement shall be binding on the Seller unless such modification or additional terms are made in writing and executed by the Seller. The terms and conditions of this Agreement shall take precedence over any different or conflicting terms in any other documents. Acceptance by Seller of Buyer’s order is expressly limited to the terms and conditions contained in this Agreement. If any provision of these Terms is deemed unlawful, void, or for any reason unenforceable, then that provision will be deemed severable from the Terms and will not affect the validity and enforceability of the remaining provisions. The invalidity in whole or in part of any provision hereof shall not affect the validity of any other provision. Except where a remedy is expressly stated to be the exclusive remedy, the rights and remedies of Seller shall be cumulative and in addition to any other rights or remedies provided by applicable law or equity. The rights and obligations of Buyer shall be Buyer hereunder may neither be assigned nor delegated without the prior written consent of Seller. The proceeding Terms and terms of payment set forth in the order acknowledgement and invoice represent the entire agreement between Buyer and Seller relating to the subject matter herein. The rights and obligations of these terms and conditions will survive the cancellation, termination, completion and/or fulfillment of any order hereunder.

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FURNITURE: PRODUCT WARRANTY®

PAUL BRAYTON DESIGNS FURNITURE PRODUCT WARRANTY

This warranty is issued by BRAYTON, a North Carolina Corporation, located in Archdale, North Carolina

To CUSTOMER, Original purchaser only:

BRAYTON agrees to guarantee its products against breakage of structural elements (hereinafter: “fails” or “failure”) for a period of Five Years from date of delivery. BRAYTON will repair or replace in its sole discretion, and at its cost, any Furniture Product which fails within five years of delivery due to manufacturing defects, resulting in a failure of product, providing the following standards are complied with by the purchaser.

  1. Any chair failure for which a warranty is claimed, must be reported within 30 days from the occurrence of the failure
  2. Purchaser will care for and maintain the chairs in good condition and will replace any worn or missing glides
  3. Product is used in normal commercial conditions for single shift service
  4. Purchaser will permit BRAYTON representatives to inspect any damaged chairs on site and to take supporting photographs if required.
Exclusions from Guarantee
  1. Normal wear and tear defined as; “reasonable deterioration in the quality of the product attributable to its use as commercial furniture over a five year period”
  2. COM and COL are excluded from warranty
  3. Intentional, willful or accidental damage
  4. Negligent mishandling, misuse, stacking or moving of the furniture
  5. Any modifications to product unless authorized in writing by BRAYTON
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FURNITURE: SUSTAINABILITY STATEMENT

Flexible Polyurethane moldings are CFC, HCFC and SVHC free: Our European partners use water expanded polyurethanes that do not contain CFC (dangerous for ozone) or metalcatalysers which are harmful for the environment. These polyurethanes are made without use of phthalates and are also Formaldehyde emissions free.

Chemicals:

Our flexible polyurethanes comply with the following standards:

  • EU 1907/2006: REACH
  • SVHC free (201 Very High Concern substances), according REACH norm
  • EU/ 528/2012: Biocides free;
  • EU 65/2011 – EU 863/2015: ROHS (Cadmium, Mercury, Phtalathes, Hexavalent Chromium free)
  • EC 1005/2009 Montreal Protocol: ODS free, substances that damage the Ozone Layer (CFC, HCFC, metal catalysts)
  • EC 850/2004 Stockholm agreement: Organic Pollutants free
  • They contain a very low quantity of VOCs (far lower than the limits requested by the main Italian and International regulations)
Fire Retardant:

Our products are made with fire retardant polyurethanes according to:

  • Italian class 1IM - UNI 9175:2010
  • California Technical Bulletin 117:2013, Section 3
  • European EN 1021:2014
  • EU 65/2011 – EU 863/2015: ROHS (Cadmium, Mercury, Phtalathes, Hexavalent Chromium free)
  • French class M4 (NFP 92-507:2004)
  • EC 850/2004 Stockholm agreement: Organic Pollutants free
  • IMO (MED 96/98 according to 2010 FTP CODE 307/88, Part 8, Paragraph 7.2)
Green Guard:

Our semi-finished seats meet the criteria to achieve the important GREENGUARD certification, that measures the indoor spaces air quality.

Our flexible foams were tested according to the International norms UNI EN ISO 16000-9:2006 + ISO 16000-6:2011. The quantity of VOCs emissions of our polyurethane foams and our semi-finished armchairs are far lower than the limits required by the GREENGUARD standards.

CARB ATCM Phase II US EPA TSCA Title VI:

The plywood panels included in some of our shells (necessary to stapling the fabric during the upholstery) are in conformity with the following “Formaldehyde Emission Standards for Composite Wood Products Rule”:

  • CARB ATCM 93120 (Airborne Toxic Control Measure) Phase II
  • U.S. EPA TSCA (Toxic Substances Control Act), Title VI
Infinitely Recyclable Metal Bases:

Metal Bases: The metal bases we use meet the requirements of compliance with the trademark “infinitely recyclable" (Technical Protocol 2003/01: Fe / Ni), in conformity with the European policy in favor of sustainable development, for rational use of metals, compatible with the environment. At the end of its life, it can be put again into the production cycle an unlimited number of times; so it can be recycled and reutilized, with significant savings of natural resources and energy. "Infinitely recyclable" is a trademark of the European Community.

Wood Bases: The wood bases are constructed from solid European ash or beech. Wood is a renewable resource.

BRAYTON continues to focus on delivering industry leading sustainable solutions to our partners by focusing on standards for use of environmentally responsible materials, products and processes. Our vision continues to evolve around the topic of sustainability as we focus on the product life cycle giving us a more holistic approach to product and process design

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WEBSITE TERMS & CONDITIONS

Please read the following terms of use carefully before using this website.

By using www.paulbraytondesigns.com (the “Site”), you acknowledge that you have reviewed, and agree to be bound by, the following terms of use. If you do not agree to these terms of use, do not use this Site.

WARRANTY DISCLAIMER:

This site is provided “as is” and “as available” and without warranties of any kind. To the fullest extent permissible under applicable law, we specifically disclaim all warranties, express or implied, including without limitation the warranties of merchantability, fitness for a particular purpose, and non-infringement. We make no representation or warranty whatsoever regarding the completeness, accuracy, correctness, integrity, reliability, currency, adequacy, suitability, functionality, availability, or operation of this site or the content or services provided on, or accessible from, this site. We do not warrant that the operation of this site will be uninterrupted or error-free, that defects will be corrected, or that this site or the server that makes it available are free of viruses or other harmful components.

LINKS:

Within this Site, you may see links or references to other websites. We undertake no obligation to review the websites that may be linked to this Site, do not endorse, and are not responsible for the accessibility of, or the resources available on, any other websites linked to this Site. You are solely responsible for any interactions you may have with such websites. You may cite, refer or link to this Site provided that you:

  1. Link to the homepage of this Site only.
  2. Do not replicate the content of this Site.
  3. Do not create a browser or frame environment around the content of this Site.
  4. Do not imply that we endorse your company or its products.
  5. Do not misrepresent your relationship with us.
  6. Do not present false information about us or our products or services.
  7. Do not use our stylized trademarks or logos unless you first get our written permission.
  8. Do not cite, refer or link to the Site in connection with any content that violates any law or rights of any person, is false, misleading, defamatory, pornographic, or offensive, or could be construed as inappropriate for certain age groups.
LIMITATIONS OF LIABILITY:

In no event will we be liable for any direct, indirect, special, incidental, or consequential damages arising out of or in connection with the use or inability to use this site (or the content or services provided on, or accessible from, this site), or otherwise, even if we have been advised of the possibility of such damages. Neither we nor our related companies will be liable for the completeness, accuracy, correctness, integrity, reliability, currency, adequacy, or suitability of the content or services provided on, or accessible from, this site.

AVAILABLITY:

The content on this Site is subject to change without notice. This Site may be unavailable from time to time due to mechanical, telecommunication, software, hardware and third-party vendor failures. We cannot predict or control when such down time may occur and cannot control the duration of such down time.

COPYRIGHT AND TRADEMARK INFORMATION:

All textual, graphical, audio-visual and other content appearing on this Site are the property of BRAYTON, a North Carolina company. The Site and all content on this Site are provided for lawful purposes only. By accessing and using this Site, you agree to abide by U.S. and international copyright law and all other laws applicable to the use of this Site. You are authorized only to view, copy, disseminate, print, and use content on this Site so long as

  1. the content is used for internal business purposes or for personal, non-commercial or educational use
  2. no textual, graphical, or other content available from this Site is modified in any way, and
  3. Do not create a browser or frame environment around the content of this Site.
  4. any copy of the content of this Site (or portion thereof) includes the applicable copyright, trademark or other proprietary rights notice.

All brand, product, service and process names appearing on this Site are trademarks of their respective holders. Reference to or use of a brand, product, service, or process does not imply recommendation, approval, affiliation, or sponsorship of that brand, product, service, or process by BRAYTON. Nothing contained herein shall be construed as conferring by implication, or otherwise any license or right under any patent, copyright, trademark, or other intellectual property right of ours or any third party, except as expressly granted herein.

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PRIVACY POLICY

Purpose of Privacy Policy:

This Site is owned by BRAYTON. This Privacy Policy is designed to inform you of how this Site collects, uses, and discloses the information you provide via this Site. By using this Site, you acknowledge that you agree to the terms of this Privacy Policy and the Terms of Use. Do not use this Site if you do not agree to this Privacy Policy and the Terms of Use.

What our Privacy Policy Covers:

This Privacy Policy pertains to this Site and all sites belonging to BRAYTON although this Site may provide you with links to other websites, those websites are not covered by this Privacy Policy even though those sites may be owned by business partners of or service providers to BRAYTON. BRAYTON strongly encourages you to read the privacy policy of every website you visit, including those websites to which this Site provides links. Whenever you visit any other website from this Site, you alone are responsible for any communication you may have with that site.

Information Collection - Passive:

This Site uses various technologies to passively collect information from you while you are visiting (that is, you do not actively provide this information). Such technologies allow the Site to collect a range of information, including your Internet Protocol (IP) address (a unique identifier automatically assigned to your computer when logging onto the Internet), the type of Web browser and operating system you use, the date and time you visit the Site, the specific pages you visit on the Site, session identifiers assigned to your visit and the address of the website you visited before coming to this Site – all of which are non-personally identifiable information. We typically use such passively collected information for a variety of purposes, such as to administer the Site, customize the Site to your preferences, and compile aggregated statistics for marketing and research purposes. We reserve the unrestricted right to use this passively collected, non-personally identifiable information, including, but not limited to, selling, leasing, permitting access to, or otherwise transferring it to our affiliates, business partners, advertisers, dealers, and other third parties.

Information Collection - Active:

Certain areas of this Site may ask or require you to provide certain kinds of information, including personally identifiable information, such as full name, address, phone number, e-mail address, etc. The Site usually will indicate which information is required and which information is optional at the information collection area in question. By providing data via an active information collection point on this Site, you specifically consent to the collection, use, and dissemination of such data in accordance with this Privacy Policy.

Data Policy:

Our policy is to only store data which is relevant and needed to complete business transactions with our clients, customers and suppliers, providing transaction history for a period of time relevant to that business, some data may be required to be held longer than others for legal, insurance or employment records. We will not supply any data to third parties ( other than for the delivery of goods where address & contact details will need to be issued to a nominated courier in order to fulfill orders placed ), the data we collect is to be solely used for the purposes of business transactions between ourselves, our customers and our suppliers. We will store data only relevant to the purpose of doing business, this will include contact names, addresses, email addresses, telephone numbers and other information freely issued by you in order to communicate on matters of business, we will not issue any of these details to any third party other than for legal reasons if requested by a relevant legal body or Government entity.

We will cease making contact with you on your instruction immediately if you choose to decline us the right to stay in touch and delete any historical information, other than that which we are required to keep for reasons of insurance or law. We will aim to complete all deletion of agreed records within one Month of being notified. If you wish to decline us the right to stay in touch and have any personal details (in accordance with the above statement) deleted, please contact us at: request@paulbraytondesigns.com

E-Mail Delivery:

The Site may ask you to provide your e-mail address so that you can receive e-mail newsletters, alerts, or reminders about us and other topics of interest. If you no longer wish to receive such e-mails, please follow the “unsubscribe” instructions included in such e-mails or contact us at: requests@paulbraytondesigns.com

Information Maintenance:

We take reasonable measures to ensure that personally identifiable information that we collect from you via this Site is accurate, current, complete, and reliable for its intended uses. If you wish to update or otherwise correct personally identifiable information you have provided to us, please contact us with correct information by sending an email with correction to: requests@paulbraytondesigns.com

Protection of Information:

Although we take steps to protect personally identifiable information you provide via this Site from loss, misuse, or unauthorized alteration, this and any web site is dependent upon mechanical and technological processes that are not 100% secure or error-free. Therefore, while we make conscientious and reasonable efforts to prevent compromise of our policy, we do not, and cannot, guarantee the security or accuracy of the information we collect via this Site, and you acknowledge that you are assuming the risk in transmitting any information to us.

CHANGES TO THIS POLICY:

If this Privacy Policy changes, the revised Policy will be posted here and the date of the newest version will be posted below. This Privacy Policy was last revised on January 1, 2019.