DAVID ROSS TERMS AND CONDITIONS

WHOLESALE PURCHASES

All prices are FOB Central Java for full containers or Ex factory for LCL shipments. For all orders we require a 50% deposit prior to starting production and balance 50% payable prior to shipment. All prices are valid for the calendar year. Some stock items are immediately available with an estimated re-finishing time of 2-4 weeks. The estimated production time on items is between 8-14 weeks. All back orders will require a 50% deposit. Unless special written permission is granted by DAVID ROSS, all orders will be fully paid prior to shipping. Title to merchandise passes to customer when the carrier accepts delivery from DAVID ROSS or her appointed agents.

DAVID ROSS will offer Standard cotton fabrics or velvet fabri cs as listed on the website – swatches for these are available on request, the cost of these fabrics are included in the cost. David Ross also offers a range of additional linens and velvets offered at a psm cost. Swatches of these fabrics may be requested.

Clients may also choose to receive the furniture without fabrics in which case they will be finished in plain calico. If a client needs a special fabric (Specialty Weaves, Jacquards, Texture patterns, Shadow, Rib, Sling, Sunbrella, Etc.) that are not in the DAVID ROSS fabric Catalog a 15% surcharge will apply. COM are offered and priced on a case by case basis.

HANDLING AND FREIGHT:

DAVID ROSS recommends shipment via FCL {Full Container Load} or if using LCL {Less than a Container Load} we would recommend specialized packing in wooden crates.

DAVID ROSS packs and stuffs the containers with great care in a professional manner. All items are packed in double corrugated cardboard and carefully stacked to resist the movement of containers. We have not experienced great losses due to damage in transport but do recommend insuring your shipment for the event of mishandling by the carrier. DAVID ROSS does not assume any responsibility for merchandise that has been damaged during transport.

Shipping, Insurance, customs broker and all other shipping related expenses must be paid by customer / consignee directly to the related companies. We are happy to recommend shipping agents that we have worked with but bear no responsibility for the performance of such agents For FOB shipments, DAVID ROSS covers the following FOB charges.

Container Trucking from Factory to Port
Terminal Handling Charges (THC) at port.
Fumigation at 48 grams Methyl Bromide Non Axis
Bill of Lading
Certificate of OrigIn

Additional requirements, such as higher/specialized fumigation, additional certificates (phythiosanitary, Inspection, etc), embassy endorsements, wooden crating etc. will be chargeable at cost.

For LCL/Airfreight shipments, DAVID ROSS strongly recommends the use of proper crating to protect products during shipping and handling . There is an additional charge for this as per the requirements of destination country. DAVID ROSS can supply this service or a freight forwarder can do this.

GENERAL TERMS AND CONDITIONS

A. Order Confirmation:

All orders placed are confirmed in writing and must be signed and sent back to DAVID ROSS, (or a recognized agent thereof) in order to be considered a firm order, along with the required deposit payment. Once an order confirmation has been signed and sent, the order cannot be cancelled. DAVID ROSS retains the right to accept changes in confirmed orders up to a maximum of 7 days after the receipt of the signed order confirmation.

B. Minimum Orders:

The minimum order required to constitute a wholesale order and to qualify for the wholesale prices is US$15,000 or one 20’ container. In cases where an order is deemed insufficient to fill a container, or is below the required minimum, DAVID ROSS shall inform the customer and request additional items to be ordered. Such additional items should be ordered within 5 working days of receipt of a request for additional items. Should the customer fail to provide an order for additional items DAVID ROSS reserves the right to change the pricing from wholesale to retail.
Normal wholesale terms require a MOQ of 5 pieces per SKU. In the event that the MOQs are not met David Ross will charge a 50% surcharge on each SKU where MOQs are not met.

C. Payment:

1. A 50% deposit is required with the order confirmation. The balance is due prior to shipment
2. Payment should be by bank transfer to a bank account specified by DAVID ROSS, or a recognized agent thereof.
3. If payment is not received by the due date, then a 3% per month interest charge will be assessed, payable before the container is released to the customer.

D. Inability to Take Possession of a Container:

If for any reason a customer cannot take possession of an ordered container once it has reached its destination, then the customer shall be held responsible for all costs incurred and forfeits any amount of money paid to DAVID ROSS.

E. Customer Complaints:

Complaints about quality of container contents shall be accepted if they total more than 5% of the total value (before any discounts) of the container; such claims must be made within 2 (two) weeks of receipt of the container. All claims must be accompanied by full “documentation” (as described in the Supplement, below) and third party corroboration. DAVID ROSS reserves the right to reject any claims not supported by full documentation and third party corroboration. Any approved compensation and/or credits shall be given to Customer in the form of credit on a future container. Claims received after 3 (three) weeks shall be counted as void, regardless of their value.

F. Warranty:

DAVID ROSS guarantees its product to be free from defects of workmanship for a period of one year. Our products have been hand-made from selected woods, leathers and natural fibers to a unique design. It is this specialized design quality that makes each piece unique. There may be natural cracks and slight distressing, which are an integral part of the charm and character of some of the DAVID ROSS products.

Due to environmental elements and relative humidity and variations in temperature, woods as well as natural fibers will naturally expand and shrink. DAVID ROSS takes great care to selectively construct its furniture, to allow the wood/fibers to shrink and expand and will dry and test all wood for low moisture content. However, because of the nature of solid woods and fibers reacting to drastic temperature/humidity changes, cracks might appear but are very seldom. DAVID ROSS does not offer a Money Back Guarantee nor accepts merchandise returns but stands by its product by offering merchandise credit or replacements at our own option and discretion. All replacement of product is done at an FOB Basis only.

SUPPLEMENT

Container:
For the purpose of calculating minimum order level and volume discount, a container shall be taken to mean:
• 20 foot (or equivalent size) container,
• Having invoice value of US$15,000.00 or greater.
Full paperwork required for complaint processing:
• Written description of fault,
• Photographs of damage or fault,
• In the case of damage with a container, photographs of the container itself

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