Terms and Service

l: Polkki Furniture will supply the goods as described herein

accordance with the terms and conditions set forth hereirL This shall

constitute the entire agreement between parties. These terms and

conditions shall supersede any provisions, terms and conditions made

orally or in any other writing Buyer may give or receive. This order

may not be changed or modified orally. No agent, salesman, employee,

or representative of Polkki Furniture has the authority to bind Polkki

Furniture to any affirmation, representatio11, or warranty concerning

the goods sold under this agreement and unless such affirmation,

representation, or warranty is specifically included within the written

agreement, it shall not be binding upon Polkki Furniture.

 

2: Polkki Furniture intends to deliver the merchandise ordered by the

estimated delivery date. However, such DELIVERYD ATEJ S AN

ESTIMATEO NLYA ND IS NOTG URANTBEDP. olkki Furniture will not

be liable for any loss or damage resulting from any delay or inability to

deliver for any reason whatsoever nor may an order be cancelled in

whole or in part due to any such delay or inability to deliver. In

particular. Buyer is advised that the delivery date of the merchandise

which is not in Potkki Furniture's current inventory fs not withiu the

control of Polkki Furniture and is subject to producti,,p schedules and

delivery by the manufacturer. When the merchandise is ready for

delivery, Buyer wiU be notified and a delivery time scheduled, Such

delivery time may be rescheduled by the Buyer any time, at least 24

hours prior to the scheduled delivery. A new redelivery date within 2

weeks of the original delivery date will be required to be established.

Unless Buyer has so notified Polkki Furniture of Buyer's request to

reschedule delivery, Buyer will be charged a $25 redelivery fee if the

merchandise cannot be delivered at the scheduled time because Buyer

(or Buyer's representative) is not available to take delivery.

 

3: Buyer's inspection of the merchandise and all claims by Buyer must

be made within 5 days after delivery of the merchandise. Failure to

make such inspection shall constitute a waiver of Buyer's right to

inspection and shall constitute acceptance of the merchandise. Failure

to make such claims shall constitute irrevocable acceptance of the

merchandise and agreement that it fully complies with all terms,

conditions, and specifications of this agreement

 

4: The manufactures ofupholstery fabrics do not guarantee their

products for wearing quality or colorfastness. While Polkki Furniture

make every effort to select only merchandise with fabrics that are

durable and colorfast, Polkki Furniture wiU be able to honor only such

adjustments, claims, or credit.~ for upholstery fabrics as will be honored

by the manufacture.

 

5: If Buyer ceases to pay his debts in the ordinary course of business or

cannot pay his debts as they become due or is insolvent within the

meaning of the federal bankruptcy law before the delivery of the goods.

Buyer shall notify Polkki Furniture. A failure to notify Polkki Furniture

shall be deemed an affirmation of solvency at the time of the delivery.

If Buyer does not honor the terms of this contract or if payment by

personal check is non-negotiable for any reason the Buyer agrees to

pay all charges incurred by Polk.ki Furniture therefore, such as any fees

incurred for a returned check or in the collection of the debit itself,

including attorney's fees.

 

6: Under no circumstances shall Polkki Furniture be liable for any

consequential or incidental damages.

 

7: This Agreement shall be interpreted in accordance with the laws of

the State of Maine. A waiver by Polkki Furniture of any claim or right

must be in writing to be effective. Failure by Polkki Furniture to insist

upon strict performance by Buyer shall not constitute waiver. No

waiver by Polkki Furniture shall operate to relieve Buyer or

responsibility for any prior or subsequent breach hereunder.

 

8: Buyer shall remain liable under this Agreement notwithstanding any

purported assignment by Buyer of this Agreement. Polkki Furniture

may assign any claim for monies due or to become due under this

Agreement.