I. TERMS AND CONDITIONS OF SALE
Acceptance: Orders are subject to acceptance by Daniel Paul Chairs under the terms and conditions as presented herein or in our acknowledgement. Daniel Paul’s terms and conditions shall prevail if in conflict with those of the purchaser’s contract. Terms and conditions not especially expressed therein are excluded from the purchaser’s contract and are disclaimed.
Agent’s Authority: Buyer understands and agrees that no agent, employee or representative of Daniel Paul Chairs has authority to bind Daniel Paul Chairs to any affirmation, agreement, representation or warranty concerning the goods, and buyer further understands and agrees that such affirmation of fact, promise, or representation made by any agent, employee or representative of Daniel Paul Chairs shall not constitute a warranty or agreement unless specifically approved in writing by an authorized officer of Daniel Paul Chairs.
Terms: Daniel Paul Chairs standard terms are 50% deposit/Net 10 after receipt of merchandise. Alternate terms requested will be considered once a payment history is established with Daniel Paul Chairs.
Credit Cards: Daniel Paul Chairs will accept payment through most major credit cards subject to approval of the issuing entity. A 4% processing fee will be added to payments by credit card.
Taxes and Fees: All sales or use taxes or other fees which Daniel Paul may be required to collect and/or pay under existing or future law due to the sale, purchase, use or consumption of our products or which accrue for delivery, storage or processing shall be for the account of the purchaser and payment thereof must be promptly made upon invoicing.
Pricing: Prices are subject to change without notice. Clerical errors are subject to correction.
Cancellations & Returns: Upon written return authorization, all products shipped from open stock will be accessed a 25% restocking charge if returned in original condition freight prepaid by purchaser. Custom manufactured products, including those manufactured in C.O.M. are not returnable. Orders for open stock may be cancelled before shipment subject to a $50.00 cancellation fee. Orders for custom made products including those in C.O.M. cannot be cancelled once materials are committed to production. A 50% cancellation fee will be charged if custom products have not been put into production.
Shipping and Freight Charges: All products are priced F.O.B. Morristown, Tennessee unless otherwise stated on acknowledgement. Palletized shipments will be charged $10.00 per pallet utilized.
For the convenience of open account customers, Daniel Paul will arrange for shipment by Common Carrier or Contract Carrier as appropriate. Said charges for shipping and handling will be added to the account of the purchaser for prompt payment upon invoicing. All other accounts will be shipped freight collect. Daniel Paul Chairs will make its best efforts to arrange for timely arrival but makes no guarantee of arrival times and specifically disclaims responsibility for any claimed damages or costs from untimely arrival.
Customers who specify routing, (commonly known as 3rd party) are fully responsible for all payments, claims and all other issues regarding delivery and are informed that title passes when their specified carrier signs for goods. Any order that is shipping 3rd party will be subject to Tennessee Sales Tax, unless a current resale tax certificate or non-profit exemption certificate is furnished with order. To arrange customer pick up, call during business hours (Eastern Time Zone), Traffic Manager, (423) 586-9977.
No air freight shipments will be made without the specific written instructions of the purchaser who is advised that air freight charges are based on dimensions and may equal or exceed value of the products.
Freight Damages and Claims: All products must be inspected at time of receipt and damage to product or shipping containers noted on delivery bill before signing. Claims must be filed promptly with delivering carrier. Daniel Paul Chairs must be notified within 2 business days of any claims of shortages or incorrect products.
Upgrades and Dimensions: Daniel Paul Chairs reserves the right to make improvements and changes in its products to improve safety and/or functionality without prior notice. Published dimensions are provided as reasonable guides only and may vary with upholstery treatments or product changes and upgrades. If dimensions are specifically critical they must be confirmed in writing at time of order placement.
Limited Warranty: Daniel Paul Chairs warrants its products to be free of defects for a period of one year from time of shipment. Warranty covers normal contract usage. We offer no warranty on upholstery cover other than that expressed by cover manufacturer. Warranties on moving or mechanical parts are limited to one year.
Daniel Paul Chairs shall not be liable in any event for the cost of any special direct, indirect, incidental or consequential damages to anyone due to breach of warranty hereunder. Our sole obligation shall be to repair or replace product(s) determined to be defective during the warranty period.
WARRANTIES NOT EXPRESSLY STATED HEREIN, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OR MERCHANTABILITY AND FITNESS FOR PURPOSE, ARE EXCLUDED AND DISCLAIMED BY DANIEL PAUL CHAIRS, LLC.
Daniel Paul Chairs makes no warranty on C.O.M. and applies C.O.M. solely at the risk of the purchaser.
For warranty service contact your sales representative or call Warranty Manager at (423) 586-9977.
Inspections: Owners and property managers are instructed to inspect products at intervals of not less than twice a year, and more frequently when products show signs of wear or deterioration. Inspections must include structural joints, welds, and points of stress, screws and bolts. Products found to contain cracks, or bent parts or loose or missing fasteners must be removed from service to avoid sudden failure that could lead to injury of users. Daniel Paul Chairs will not be responsible for damage to seating products caused by use of hand trucks or dollies obtained from other parties. When ordering material handling equipment from Daniel Paul the model chair to be moved must be specified.
Chair Spacing: Property owners and managers are instructed to provide adequate spacing around chairs to prevent tripping and to allow access to exits in the event of emergency. Purchasers must determine whether local fire codes require ganging of chairs when used in theater (row) settings. Ganging devices are available as an upcharge option. Daniel Paul Chairs assumes no responsibility for failure to properly arrange chairs in a safe manner.
Flammability Standards: Seating products from Daniel Paul Chairs no longer contain urethane cushioning meeting the original flammability requirements California Technical Bulletin 117 or similar referenced standard often specified.
Effective in 2013 commonly used flame retardants have been removed from urethane foams by industry sources in response to potential health concerns during the manufacturing process or post production use as determined by the State of California. Urethane foam used by Daniel Paul Chairs now meet TB 117-2013 standards. Property owners and managers are responsible for addressing potential furniture flammability risks with appropriate detection and protection systems and operating policies. Sprinkler systems are highly recommended.
Purchasers and specifiers are instructed to consult with Daniel Paul Chairs before ordering any products that may require special flammability standards beyond TB 117-2013. Limited solutions may be available but could result in significant increase in costs and lead times. Customers are solely responsible for the flammability standards of any C.O.M.’s
Prop 65 Warning: Seating products with urethane foams, woven and coated fabrics and manufactured wood products can expose you to chemicals known to the State of California to cause cancer and birth defects or other reproductive harm. For more information go to www.P65Warnings.ca.gov/furniture
Fire Codes: Flammability and Ganging Requirements: Customer is responsible for consulting local fire codes to determine requirements for flammability standard of foam cushioning and fabric. Fire code requirements beyond TB117-2013 must be stated on order at time of purchase.
Fire Safety: Seating products, even those with flame retardant treatments, can burn once ignited. Chairs must not be exposed to open flame, heat or energy sources capable of causing ignition. Chairs stacked or concentrated for storage increase risk of hazard in a fire scenario. Once ignited burning components will release toxic gases, consume oxygen and create smoke that may obscure views to access routes. Public areas should be adequately protected with sprinkler systems, warning systems and have sufficiently marked and unlocked exits from rooms and building.
Casters: Chairs with casters are not recommended for hard surface floors. Chairs may move too freely and lead to injury. Chairs with four casters are not recommended for senior living or elderly care facilities or for persons with impaired ability to seat themselves. Daniel Paul Chairs highly recommends that patrons with limited ability be provided assistance when sitting down or leaving a chair with casters or swivels. Daniel Paul Chairs assumes no responsibility for injuries resulting from sudden chair movement or failure to provide assistance.
For Seating Only: Chairs, especially those with swivels or caster, must not be used as ladders or as step stools. Sudden movement can lead to falls and injury.
Warnings provided herein must be communicated to the end user by the purchasing dealer. Additional copies are available for distribution at no charge. Contact your customer service representative or sales person.
The following US patents are issued for seating products of Daniel Paul Chairs:
6,860,556 B2 D 492,145 S D 492,495 S 8,632,123
6,837,452 B2 D 484,780 S D 498,366 S 9,004,596
6,896,327 B1 D 486,677 S D 502,030 S
9,414,683 B2 D 486,985 S D 486,984 S
9,295,332 B2 D 509,084 S
D 654,279 S
D 660,611 S