1) Interpretation and Applicable Law:
a) The
Terms and Conditions as set forth in this sale agreement (hereinafter referred
to as "Agreement") shall apply to all Universal Leather (hereinafter referred
to as "Seller") web sales.
b) The
placement of an order directly from the Seller web site constitutes the Buyer's
acceptance of this Agreement, as it may be amended or supplemented from time to
time. Changes to this Agreement shall be effective when posted.
c)
If any provision of this Agreement is held by any
competent authority to be invalid or unenforceable, in whole or in part, the
validity of the other provisions and / or the remainder of the provision in
question shall not be affected.
d)
The validity, interpretation and performance of this
Agreement shall be governed by the laws of the State of North Carolina, without
giving effect to any principles of conflict of laws.
2) Order Placement:
a) Buyer
must be 18 years or older and located in the United States.
b) Buyer must provide the following information
upon order placement:
1.
Description of goods ordered: Seller Article Name / Color / quantity
2.
Price per website
3.
Buyer Information:
a.
Name
b.
Shipping Address
c.
Billing Address
d.
Telephone
e.
Fax Number
f.
E-mail Address
4.
Delivery Time Requested: Min / Max
c) Order Status:
A confirmation email providing an order number will be sent to Buyer within one
business day of the order placement. The buyer's receipt of the order
confirmation number does not constitute the acceptance of an order or
confirmation of an offer to sell.
Buyer shall be notified within
three business days if the item is not in stock. The Buyer may review the status of the order
number(s) by logging onto store.universalleather.com
and selecting "My Account".
A subsequent email will be sent
upon shipment of the good(s) providing the shipping carrier tracking number, if
available. Orders are not deemed accepted by the seller until a shipment e-mail
is issued.
d) The buyer is responsible for ensuring the
accuracy of the terms of the order.
e) The seller reserves the right, in its sole
discretion, to refuse service at any time, without prior notification to buyer.
g) Inquiries regarding existing orders should be
emailed to websales@universalleather.com. Please reference Buyer's order number, date
of order, and merchandise ordered.
3) Terms of Payment:
a) Payment in full is required prior to shipment
of merchandise.
b) Accepted forms of payments include Visa and Master
Card.
d) All prices are quoted in U.S. Dollars and
locked in at the time of the order. Prior
to order placement, prices are subject to change without notice.
4) Privacy:
a) All
personal information is obtained for the purposes of completing transactions. Buyer's information pertaining to any
transaction will not be sold or divulged to a third party.
5) Exchanges, Returns and Credits:
a) All
exchanges and returns require prior authorization before shipment to seller. Written notice of exchanges and returns must
be received within 5 business days of receipt of goods. Such written notice shall include:
(i) The
invoice / packing slip number
(ii) Name
and address of the buyer, as they appear on the invoice / packing slip
(iii) Reason for Return
b) Goods
shall be returned to:
Universal
Leather
2325
E. Kivett Drive
High
Point, NC 27260
c) Goods
must be received in their original condition. Returns requests will not be considered after the goods have been cut or
used. Returns must be received,
measured, and accounted for prior to the issuance of a credit.
d) Shipping
and handling fees are non-refundable. Freight
charges for returns are the responsibility of the Buyer.
e) Buyer
may be subject to a restocking charge of up to 15% of the selling price.
6) Cancellations:
a) Cancellations
must be received in writing within 24 hours of the placement of the order.
7) Claims:
a) Seller
must be notified in writing, within 5 business days of receipt of goods,
concerning problems with any shipment or else a claim will not be considered. Claim requests must include a copy of the
packing list, Bill of Lading and buyer's receiving checklist.
b) Claims
cannot be larger than the amount of Seller invoice
c) Shipments
are FCA Seller's Facility. Upon Seller's
delivery of the goods to the nominated carrier, the buyer shall bear all costs
and risks of loss or damage to the goods.
d) Seller
will not be responsible for Buyer's improper handling or storage of the
leather. Leather must be stored flat or
rolled as creases will not come out. Returned Leather must be packaged as such.
e) Shipping shortages and / or damages must
be noted on the delivering carrier's Bill of Lading with copy to Seller's
Office. Seller requires same day
notification of shipment shortages.
f) Freight
Claims are the responsibility of the customer and do not absolve the customer
for liability for the invoice.
g) Size
discrepancies shall be decided by an
independent re measuring of the entire shipment on a Roller Type calibrated and
ISO approved roller measuring machine. An
average of the entire shipment will be used to determine if any measurement
discrepancy exits.
8) Warranty and Limitation of Liability:
All merchandise sold by seller is warranted
by the manufacturer. Buyer agrees that
its sole and exclusive remedy shall be for the replacement of defective merchandise under such warranty and that no other
remedy (including but not limited to, incidental or consequential damages,
business losses, or injury to person or property) shall be available. Such warranty shall be in lieu of any other
warranty (express or implied) including, but not limited to, any implied
warranty or merchantability or fitness for a particular purpose.
9) Force
Majure:
Seller is not responsible if the
delivery of the goods is prevented, interrupted or delayed by circumstances
beyond the seller's control including, but not limited to, war, civil riot, Act
of God, strike, fire, flood or the reduction in or unavailability of materials,
power supply, and transport of goods. In such an event, the seller will have
the right to cancel or delay delivery of the goods in such a manner as it may
reasonably think fair without liability.
10) Hide Size & Selection:
a)
Minimum Order is 1 hide. Hide sizes vary by the origin of the cow as
well as the article it is used for. Argentine and Uruguayan hides average 38-50 square feet.
b)
Color must
be settled by Spectrometer Reading with Commercial Factor set for allowable color
variance of:
i.
2 for pigment finish.
ii.
3 for Semi aniline (pigment / aniline) finish.
iii.
4 for Aniline Finish.
c)
Color Selection from Seller's Treasury: If Buyer desires a specific color from what
is shown in Seller's Treasury, Buyer must send Seller a swatch of the desired
color. Seller will do its best to send
Buyer leather swatches to choose from.
d)
Color Development: Inquiries must be submitted to Seller's Customer Service
Department:
i.
Minimum Purchase Order is 200 hides, subject to
customer approval of Seller's Counter Sample.
ii.
Buyer must submit an 18" x 18" panel of the leather to
be duplicated. Exact matches are not
guaranteed. Seller will do its best to
duplicate within a color window.
iii.
A 50% deposit is required to be paid to Seller with the
Purchase Order.
e)
Selection must
be settled by grading of entire shipment according to the following Seller
selection guarantee.
i.
Seller's hide shipments are comprised of a standard Table
Run selection which provides a mixture of "A", "B" and "C" quality hides.
ii.
The Table Run selection will yield 45% "A" selection,
45% "B" selection and 10% "C" selection.
iii.
100% "A" selection hides are only available on a
tannery direct purchase. Please inquire
for availability and price.
iv.
Each section category is defined as follows:
a.
"A" selection allows (3) - 25" clean cut panels.
b.
"B" selection allows (2) -25" clean cuts panels.
c.
"C" allows (1) 25" clean cut panels.
f)
Please note that for lower priced corrected grains Seller
uses up to 50% hides from the Brahma Cow which features a single hole in the
center of the back where the hump was. The hole is approximately 12" in diameter and does not affect the
cutting yield. In fact, Brahma cowhides
are larger than other South American hides, thus they may offer a better
cutting yield. For more information, please
read Seller's brochure "An Education in Upholstery Leather".
