Terms

A 50% deposit is required to initiate orders. Balances including any freight charges are due prior to shipping. All “Quick Ship,” lighting, flooring, accessories, component parts, and in stock items must be paid in full at time of order placement.

Order Placement

All orders are acknowledged in writing through the issuance of HAUTE LIVING Invoice document. All HAUTE LIVING Invoice documents supersede any and all prior writings, estimates, or verbal agreements. HAUTE LIVING Invoices may not be modified except upon issuance by HAUTE LIVING of a revised Invoice. No order is binding until issuance of a HAUTE LIVING Invoice with purchaser signature indicating agreement to all HAUTE LIVING Terms and Conditions of Sale, as well as all written order specifications as detailed in the Invoice document.

Order Changes and Cancellations

Orders canceled within 3 days of order placement are subject to a 30% cancellation fee. Made to order merchandise is not subject to change, modification, or cancellation under any circumstance.

Lead Times

Standard lead time is 12 to 16 weeks for all made to order items. Lead times begin only after all of the following conditions have been met: (1) Signed Invoice indicating agreement to all terms, conditions, and order specifications as indicated on the invoice, (2) 50% deposit with funds fully cleared, (3) Receipt of any COM, COL, or special materials by the manufacturer required for the production of the order, if applicable, (4) signed approval of all finish samples by the customer, if applicable, (5) signed approval of any shop drawings, if applicable, (6) successful and timely processing of order balances. All quoted lead times, completion dates, and delivery dates are ESTIMATES only. HAUTE LIVING is not responsible nor accountable for late deliveries as a result of production delays, shipping delays, nor any other factors outside HAUTE LIVING’s direct control.

Shipping

All shipping, handling, crating, and packaging charges are additional costs charged to the customer. Customers may make their own shipping arrangements. Unless shipping arrangements are stipulated by the customer, HAUTE LIVING will exercise its judgment in selecting a carrier and route. HAUTE LIVING reserves the right to make partial shipments. All quoted delivery dates are APPROXIMATE only. HAUTE LIVING is not responsible for shipping delays due to failure or delay at source of supply, transportation difficulties, strikes/labor disputes, war, riot, fire, accident, and compliance with government regulations, act of God, or other causes beyond HAUTE LIVING control. Unless specified by the purchaser, all truck delivery services are curb/dock side. Inside deliveries must be specifically requested by the client and are subject to additional charges. Additional factors pertaining to deliveries such as stairs and narrow passages are also subject to additional charges.

Damage in Transit

HAUTE LIVING is not responsible for damages, whether visible or concealed, incurred in transit or while in storage. HAUTE LIVING is not responsible for damage after the transportation company has accepted the merchandise in good order. Claims for damage must be filed immediately in writing by the purchaser with the delivering carrier at the time of delivery. At the time of delivery, purchaser must examine cartons carefully and note visible damage or shortage on the delivery receipt. Any damage or loss must be claimed by the purchaser with the carrier immediately at the time of delivery and all packaging materials must be retained until final insurance inspection is made.

Claims

Any claims against HAUTE LIVING for damages, defects, shortage, or error must be made in writing within 3 days of delivery. Failure to make a claim within this specified time frame shall constitute full acceptance of the merchandise “as is” and result in waiver of all damages, defects, shortages, and errors.

HAUTE LIVING 213 W. INSTITUTE PL CHICAGO, IL 60610 T 312 329 9000 F 312 329 9009 WWW.HAUTE-LIVING.COM

Returns

HAUTE LIVING does not accept returns on made to order merchandise including all upholstery goods. HAUTE LIVING does not accept returns for goods damaged while in transit. No merchandise may be returned without HAUTE LIVING’s written consent. Unauthorized returns are not accepted. Authorized returns are at the discretion of HAUTE LIVING and subject to a 30% returns fee based upon the full retail selling price plus return freight charges. Refunds for returns are in the form of a company credit note only and must be utilized within 12 months from date of issue. In such case that goods received are not in their original factory released condition, an additional charge for restoration may be made.

Warranty

HAUTE LIVING warrants all products against defects in materials and workmanship for one year from date of receipt by the purchaser or receiving warehouse, whichever is sooner. This warranty does not apply to breakage resulting from misuse, accident, abuse, neglect, mishandling, or wear. Defective products will be replaced within the normal production time period required to reorder and manufacture the same product. HAUTE LIVING does not warrant finishes against fading, oxidizing, color irregularity, wood grain irregularity, stone irregularity, texture irregularity, nor does HAUTE LIVING warrant color grain or texture matching unless as specified in the Invoice. All other warranties, including any warranty of merchantability or fitness for any particular purpose, are hereby excluded. In no event shall liability under this warranty exceed the original purchase price of the product. The forgoing shall constitute HAUTE LIVING’s sole warranty and exclusive remedy of purchaser.

Balances Due

As orders approach production completion, request for balances due will be made in writing if the deposit was paid by cash or check. For credit card deposit payments, customer balances will be automatically processed in order to avoid lengthy shipping delays. If a balance payment is not made within three (3) days of the date stated on the signed credit card authorization form, and/or date given by your sales rep, it is possible that the order will deliver later than originally anticipated. HAUTE LIVING retains title to all merchandise until fully paid by the customer. HAUTE LIVING reserves the right to charge a financing fee of 2% on all outstanding balances after 30 days, until paid in full. If payment in full has not been received by HAUTE LIVING within 90 days of the first written request for balance payment, then HAUTE LIVING reserves the right to retain the merchandise and to declare a forfeiture of the deposit as liquidation damages.

Storage Fees

HAUTE LIVING will store the purchaser’s goods for up to 15 calendar days free of charge. Thereafter, HAUTE LIVING will bill the purchaser storage fees of 2% of the sale price of goods per calendar week, or any fraction thereof. Goods will not be released for delivery until all outstanding storage fees are paid in full.

Finish Samples

HAUTE LIVING strives to consistently match finish samples to the final product, however slight variations in color, texture, and tone, will occur between samples and finished products and as a result HAUTE LIVING cannot guarantee exact matches between samples and finished products.

Dimensions

All dimensions and weights shown are to be considered approximate.

Customer's Own Material

All COM must be approved by the manufacturer before production of the order may begin. Production begins upon receipt of approved COM by the manufacturer producing the product.

Acceptance of Terms and Conditions of Sale

Payment in part or in full and/or acceptance of delivered goods is indication of the purchaser’s implied acceptance of the above listed Terms and Conditions of Sale.