PRICES AND TERMS|
All prices are F.O.B. factory. A minimum deposit of fifty percent (50%) of the purchase
price is required to initiate order acknowledgement.
Orders for textiles and in stock products require payment in full to initiate order
fulfillment. Orders must be paid in full, including shipping, handling,
crating and packing, STORAGE, taxes and service charges prior to shipping. .
Orders are processed immediately and cannot be cancelled at any time.
SHIPPING & DELIVERY
SHELLEY STARR IS NOT RESPONSIBLE FOR ANY DAMAGES INCURRED
Client is responsible for inspecting all merchandise AT TIME OF DELIVERY. In case of
any damages or defects, details must be
noted along with signature of acceptance. This enables Shelley Starr Design to file a
claim with the carrier on client’s behalf. Should
damage occur, Shelley Starr Design will facilitate all claims and see that proper repair or
replacements occur. (As long as client has used
Shelley Starr’s Design recommended delivery service). Should client choose to use
another source of delivery service – Shelley Starr Design will
not be responsible for delays, damages, claims or repairs. Any damages or defects
discovered after signature of acceptance
become the client’s responsibility and is no longer insured by the carrier. The name and
number of a local Furniture Medic may
be obtained by calling your Shelley Starr Design sales representative.
Case goods are sealed with Polyester. This is important information for repairs (Please
refer to furniture warranty and care
Client is responsible for knowing limitations for home or building and all measurements
relating to pieces fitting their projects.
Shelley Starr Design is not responsible for measurements relating to customer’s elevator,
hallway or staircase for delivery and installation.
WARRANTY AND DISCLAIMER
Except as specified herein, Shelley Starr Design, Inc warrants that any goods sold
hereunder will be free from defects in
workmanship and materials for one (1) year. This warranty does not apply to damage or
breakage resulting from misuse,
accidents, abuse, neglect, mishandling or wear resulting from normal use. Defective
products will be replaced within the normal
production time period required to reorder and manufacture the same product.
Many wood and metal finishes are applied by hand and may vary in color, tone and
character. While Shelley Starr Design, Inc will make every effort to match a finish, no
guarantee can be made of an exact match. Shelley Starr Design, Inc does not guarantee
finishes against fading and oxidizing. Variations in color and veining are inherent in
stone and wood and considered to be part of the natural beauty. Furniture and lighting is
handmade, and therefore is subject to slight variations.
Shelley Starr Design, Inc does not guarantee fabrics, dyed or natural, from fading. Extra
C.O.M. or C.O.L. will not be
Shelley Starr Design, Inc will not be responsible if C.O.M. or C.O.L. is not properly
labeled or side-marked which could result in production delays and or delays in product
delivery. Shelley Starr Design, Inc reserves the right to reject customer’s C.O.M. and
may request additional fabric after the factory has assessed the C.O.M. Shelley Starr
Design, Inc cannot be liable for any flaws in C.O.M. or C.O.L.
Shelley Starr Design, Inc doesn’t accept returns in C.O.M or C.O.L.
THE FOREGOING WARRANTY IS IN LIEU OF AND EXCLUDES ALL OTHER
WARRANTIES NOT EXPRESSLY SET FORTH HEREIN, WHETHER
EXPRESS OR IMPLIED BY OPERATION OF LAW OR OTHERWISE, INCLUDING
BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF
MERCHANTABILITY OR FITNESS.
LIMITATION OF REMEDIES
SHELLEY STARR DESIGN, INC SHALL NOT BE LIABLE FOR INCIDENTAL OR
CONSEQUENTIAL LOSSES, DAMAGES OR EXPENSES,
DIRECTLY OR INDIRECTLY ARISING FROM THE SALE, HANDLING OR USE
OF THE GOODS, OR FROM ANY OTHER CAUSE WITH RESPECT
TO THE GOODS OR THIS AGREEMENT, WHETHER SUCH CLAIM IS BASED
UPON BREACH OF CONTRACT, BREACH OF WARRANTY,
STRICT LIABILITY IN TORT, NEGLIGENCE OR ANY OTHER LEGAL THEORY.
MANUFACTURER'S LIABILITY HEREUNDER IN ANY CASE IS
EXPRESSLY LIMITED, AT SHELLEY STARR DESIGN, INC ELECTION, TO
REPAIR OR REPLACE (IN THE FORM ORIGINALLY ORDERED)
OF GOODS NOT COMPLYING WITH THIS AGREEMENT, OR TO THE
REPAYMENT OF, OR CREDITING BUYER WITH, AN AMOUNT EQUAL
TO THE PURCHASE PRICE OF SUCH GOODS.
ANY CLAIM BY BUYER WITH REFERENCE TO THE GOODS SOLD
HEREUNDER FOR ANY CAUSE SHALL BE DEEMED WAIVED BY BUYER
UNLESS SUBMITTED TO SHELLEY STARR DESIGN, INC IN WRITING WITHIN
THIRTY (30) DAYS FROM THE DATE BUYER DISCOVERED,
OR SHOULD HAVE DISCOVERED, ANY CLAIMED BREACH.
REMEDIES UPON DEFAULT
Shelley Starr Design, Inc requires payment for any shipment hereunder in advance. If
Buyer fails to make payment in accordance with the terms of this agreement or otherwise
fails to comply with any provision hereof, Shelley Starr Design, Inc may, at its option,
cancel any unshipped portion of this order, retain the goods and declare a forfeiture of the
deposit as liquidated damages. In the alternative, Shelley Starr Design, Inc shall (in
addition to other remedies available under any applicable Uniform Commercial Code or
otherwise by law) have the right to appropriate and apply the goods to payment due
hereunder. Shelley Starr Design, Inc may proceed to sell or otherwise dispose of the
goods at public or private sale for cash or credit; provided, however, that Buyer shall be
credited with the proceeds of such sale only when the proceeds are received
by Shelley Starr Design, Inc. If any notification or intended disposition is required by
law, such notification shall be deemed reasonably and properly given if mailed at least
ten days before such disposition, postage prepaid, to Buyer at the Buyer\'s
address set forth on the face side hereof. Any proceeds of the goods may be applied by
Shelley Starr Design, Inc to the payment of expenses and costs to exercise Shelley Starr
Design, Inc rights hereunder, and any balance of such proceeds shall be applied against
Buyer\'s account in such order as Manufacturer shall determine in its sole discretion.
Buyer will remain liable for the balance of all unpaid accounts.
All of Shelley Starr Design, Inc drawings, descriptive matter, weights, dimensions,
descriptions and illustrations contained in
the Shelley Starr Design, Inc catalogues, prices lists or advertisements are close
approximations only and intended to give a general description of the goods and shall not
form part of this agreement. Furniture and lighting is handmade, and therefore
is subject to slight variations. All sizes as indicated in the price list are within 1/2\"
In the event that any one or more of these terms or conditions is held invalid, illegal or
unenforceable, such provision or provisions shall be severed and the remaining terms and
conditions shall remain binding and effective.
This agreement shall be deemed to have been executed and delivered at Shelley Starr
Design, Inc 8687 Melrose Avenue Los Angeles, California 90069. This agreement and
all rights and obligations hereunder, including matters of construction validity and
performance shall be governed by the laws of the State of California including the
Uniform Commercial Code as enacted in that jurisdiction, without giving effect to the
principles of conflicts of law thereof. All disputes shall be filed in with the
American Arbitration Association in Los Angeles, California and governed by the rules
of AAA. All decisions made in the arbitration will be consider binding and an entry of
judgment shall be deemed to the prevailing party. Any judgment rendered by the
arbitrator may be entered in any court having jurisdiction. (Attorney fees and cost shall be awarded to prevailing party.)
ACCEPTANCE OF ORDERS IS BASED ON THE EXPRESS CONDITION THAT
BUYER AGREES TO ALL OF THE TERMS AND CONDITIONS
CONTAINED HEREIN. ACCEPTANCE OF DELIVERY BY BUYER WILL
CONSTITUTE BUYER\'S ASSENT TO THESE TERMS AND CONDITIONS.
THESE TERMS AND CONDITIONS REPRESENT THE COMPLETE AGREEMENT
OF THE PARTIES, AND NO TERMS OR CONDITIONS IN ANY
WAY ADDING TO, MODIFYING OR OTHERWISE CHANGING THE
PROVISIONS STATED HEREIN SHALL BE BINDING UPON MOUR STARR
INTERNATIONAL, LLC UNLESS MADE IN WRITING AND SIGNED AND
APPROVED BY AN OFFICER OF MANUFACTURER. NO
MODIFICATION OF ANY OF THESE TERMS WILL BE AFFECTED BY
MANUFACTURER\'S SHIPMENT OF GOODS FOLLOWING RECEIPT OF
BUYER\'S PURCHASE ORDER, SHIPPING REQUEST OR SIMILAR FORMS
CONTAINING PRINTED TERMS AND CONDITIONS CONFLICTING
OR INCONSISTENT WITH THE TERMS HEREIN.