Terms & Conditions

Terms & Conditions

ABANDONMENT & COLLECTIONS
Merchandise not paid for within 90 days of invoice will be considered abandoned. In addition to any other remedy, Branch & Board LLC shall be entitled to liquidate the merchandise, retain all deposits and apply such proceeds to the unpaid invoiced balances. The purchaser is liable for any collection, legal fees and expenses incurred in the collection of unpaid invoices and any storage or related fees.

ACCEPTANCE
The terms and conditions set forth herein represent an offer by Branch & Board LLC to sell product to the purchaser. The purchaser’s acceptance of a Branch & Board LLC sales order acknowledgment or invoice is an acceptance of the terms and conditions herein. In the event that the terms and conditions of an order are contrary to the terms and conditions indicated herein, these terms and conditions shall supersede any inconsistent or contrary terms and conditions indicated on the actual order or any other document supplied by the purchaser. A waiver of any one term or condition shall not be deemed a waiver of any other term or condition.

CLAIMS/RETURNS
All claims for workmanship defects, shortages and errors must be made within (2) days, after receipt of the merchandise to customerservice@branchandboard.com. Any repairs or claims must be documented in writing accompanied by photographs and sent to Branch & Board LLC at customerservice@branchandboard.com. Payments will not be made for any unauthorized repairs. Failure to make a claim within two (2) days after receipt of the merchandise constitutes acceptance of the merchandise and a waiver of claims. Branch & Board LLC is not responsible for and misuse or mistreatment of products, only use as intended and follow care instructions.
Branch & Board LLC is not responsible for any freight related claims, but will assist the purchaser, if possible. All merchandise is inspected before shipping and acknowledged in a signed document by the freight company that the items have been picked up in good condition. Third party shippers have sole responsibility for any damage, loss or shortages incurred during transit. Purchasers or their receiving warehouses must inspect the items upon arrival and make claims for any damage, loss or shortages directly to the carrier. Purchaser or their receiving warehouse should retain all packing materials of damaged items until the claim is resolved. 
No merchandise can be returned to Branch & Board LLC without its written consent. Unauthorized returns will be reshipped to the location of origin freight collect. Claims resulting in lawsuits must be filed with the court of competent jurisdiction in the State of Georgia, County of Cobb.

CUSTOM REQUESTS
Custom quotes must be reviewed by Branch & Board LLC for suitability before it is accepted into production. Branch & Board LLC reserves the right to reject custom requests. Branch & Board LLC also reserves the right to make changes which relate to product structural integrity without notice. 

CUSTOMER’S OWN MATERIALS (COM)
Production will not begin on any item requiring any type of fabric, leather, trim or cords supplied by the purchaser until ALL the materials for the item ordered have arrived, been identified and inspected. Branch & Board LLC assume all COM received have been inspected and are ready for use. The purchaser is responsible for ensuring that all materials are identifiable when received. The purchaser takes responsibility for the wear-ability, safety, or fire code validity of the materials supplied by the purchaser. Branch & Board LLC takes no responsibility for the selection of materials chosen by the customer. Branch & Board LLC warranties does not extend to customer materials supplied by the purchaser. All fabric defect related claims are the sole responsibility of the Customer and fabric vendor.

DELIVERY
Delivery dates and lead times are estimates only, based on production schedules at the time of the order, and are subject to change. Production cannot begin and lead times cannot be calculated until the acceptance of the order by Branch & Board LLC which includes: receipt of the required deposit; receipt of all COM; and confirmation of any changes, modifications or approvals to the original order. Branch & Board LLC shall not be held responsible for any delays in production, or any costs related to late deliveries.

FREIGHT & SHIPPING
Branch & Board LLC will ship furniture and home good items prepaid and billed, via furniture specific carriers that accept shrink-wrapped freight, as a service to the purchaser. The normal delivery times are 3-14 business days. This time may be extended if the delivery is going to a remote location. Once an item has left the facility, we can track the shipment, but have no control over the transportation of the goods. Purchasers can select their own carriers. However, Branch & Board LLC takes no responsibility for tracking other carriers‘shipments or assistance in any freight or shipping related claims. Information for carriers, other than those offered by Branch & Board LLC, must be identified on the purchaser’s order including; the carrier’s name, address, contact information and phone number. All products should be unpacked, examined and repacked before delivery to the end user. Branch & Board LLC is not responsible for furniture that is not properly repacked.

IN HOME DELIVERY
In most cases, items can be shipped directly to the end user by a nation-wide In Home Delivery service. They will place the furniture into the customer’s home. They will not remove doors or move other furnishings in the home. Be sure the furniture ordered will fit into the delivery location. If the delivery is deemed difficult, the customer may be asked to sign a damage waiver for the items being delivered. 
The customer should inspect the goods immediately upon arrival, and if there is damage or a defect noticed, the delivery should be refused as there is no recourse against the In Home Delivery service once the items are accepted. 
In Home Delivery may extend the estimated delivery time for several weeks, especially if the delivery location is in a remote area. Contact your Branch & Board LLC Customer Service Representative to provide a quote for an In Home Delivery.  

LIMITATION OF LIABILITY
Branch & Board LLC liability for any claim of any kind, including loss or damage resulting from or in connection with the manufacture, sales, delivery, resale, repair or use of any item covered by or supplied under these terms and conditions of sale shall in no case exceed the price of the item which gives rise to the claim. In the case of a dispute, all matters shall be resolved under the laws of the state of Georgia. Any action for breach of this Agreement must be made within one year after the sale.

ORDERS
Written orders received from the purchaser with all the correct information will be acknowledged by Branch & Board LLC in writing within 48 hours. Branch & Board LLC reserves the right to reject any order, refund any deposit and return any COM freight collect. It is the responsibility of the purchaser to advise Branch & Board LLC in writing of any errors or discrepancies in the sales order acknowledgment within five (5) days of the receipt of the acknowledgment by Branch & Board LLC. Changes to an order are subject to additional charges for materials, labor and other related costs and the order will be held until written confirmation from the purchaser is received. All furniture is subject to minor changes in details from the specifications noted as it applies to hardware, finishes and other minor structural details. 

PAYMENT
Branch & Board LLC requires a deposit of 50% of the total purchase price for all orders. Orders received without a deposit will be held pending the receipt of the deposit payment. All payments must be received from the purchaser as identified In the purchase order. No third party payments will be accepted, unless approved in writing by Branch & Board LLC. Acceptance of third party payments is an accommodation and does not create any relationship between Branch & Board LLC and the third party. 
A service fee of 1.5% per month will be applied to orders that remain unpaid after (30) days of being invoiced.  Canceled orders are subject to a cancellation fee. Acknowledged orders canceled prior to entering production are subject to a fee in the amount of 20% of the total purchase price. Orders canceled thereafter will be subject to a larger cancellation fee determined at the sole discretion of Branch & Board LLC. The purchaser agrees that the cancellation fees compensate Branch & Board LLC for the reasonable estimate of losses on the canceled order. Any order not shipped within 10 days of notification of completion is subject to a $7.50 per day, $50 minimum, storage fee.

PRICES
Prices are subject to change without notice after an order has been accepted. Branch & Board LLC reserves the right to change prices based on changes in quantities or total value of previously provided contract quotations, changes in orders from the purchaser and to correct pricing on orders received which contain modifications from the original order.  Unless otherwise Acknowledged in writing, prices include carton packing, but, do not include freight or delivery, in-transit insurance, storage, service, taxes, receiving or installation. Freight can be prepaid by Branch & Board LLC nor by the purchaser for third party collect payment. All prices are FOB, N.C., unless stated and acknowledged otherwise.

PRODUCTS
Branch & Board LLC reserves the right to make minor changes in furniture design, dimensions and other materials without prior notice. Branch & Board LLC products are handcrafted and can have minor variations. All dimensions can have slight variations. Wood finishes can vary from samples and exact matching is not guaranteed. Materials used within the product line are listed in the General Product Information section of this price list and are to be considered the standards used in the manufacturing process. Branch & Board LLC reserves the right to repair or replace defective merchandise, at its sole discretion. This does not extend to other materials supplied by the purchaser or damage caused by shipping, accident, abuse, misuse, cleaning, or normal wear and tear. All other warranties express or implied are excluded.