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        F F & E Terms

Terms of warranty, if any, are provided by the manufacture. Hospitality Furnishing Inc makes no warranty as to the condition, operation, or use of any of the goods delivered hereunder. Upon request by buyer, Hospitality Furnishing Inc shall provide buyer with a written copy of the manufacture’s warranty, or the warranty of the original equipment manufacturer, in effect at the time of delivery. These warranties, if any, comprise the sole and entire warranty pertaining to the goods sold hereunder. Hospitality Furnishing Inc makes no warranty, guarantee, or representation of any kind whatsoever. ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE WARRANTY OF MERCHANTABLITITY AND/OR FITNESS FOR A PARTICULAR PURPOE, WHETHER EXPRESS, IMPLIED OR ARISING BY OPERATION OF LAW, TRADE USEAGE OR COURSE OF DEALING BETWEEN THE PARTIES, ARE HEREBY DISCLAIMED BY THIS COMPANY.

SHIPMENTS: All Shipments are by common carrier in accordance with the freight terms set forth on the reverse hereof. The Buyer is responsible for unloading and placing the goods on buyer’s premises. Buyer bears all risk of loss for damage during unloading.

LIMITATION OF REMEDY: Buyer’s sole remedy for any damage arising out of or in any way connected to the goods provided under this agreement should be limited exclusively to the terms of the warranty, if any, provided by the manufacturer. In no event shall Hospitality Furnishing Inc be liable for an incidental, consequential, or special damages of any kind or nature whatsoever, including, without limitation, negligence, failure to warrant or strict liability. Buyer hereby agrees that its damages, if any shall in no event exceed the cost to buyer of the particular product Complained of. Buyer does herby indemnity and hold harmless Hospitality Furnishing Inc from and against the claim of any person arising out of or in connection with the use, operation or condition of the goods, including, without limitation, attorney’s fees and cost.

INSPECTION: Buyer shall promptly inspect the goods upon taking possession thereof. Buyer shall notify Hospitality Furnishing Inc, in writing, within seven (7) business days of any non conformity in the goods. In the absence of such notice, buyer and Hospitality Furnishing Inc agrees that the goods shall be deemed to conform to the description set forth on the reverse hereof. Buyer hereby acknowledges that the carpet mills cannot guarantee exact size of rolls. Carpet mills reserve the right to ship up to twenty (20%) overage, for which the buyer agrees to pay.

DELAY IN DELIVERY: Hospitality Furnishing Inc shall make all reasonable effort to make timely delivery of the goods to the destination. In the event that manufacturing delays, shipping delays, or other event beyond the control of Hospitality Furnishing Inc necessitate a delay in delivery, Hospitality Furnishing Inc shall so advise buyer as soon as is reasonably possible. However, company shall not be liable for consequential or other damages due to the failure to meet a scheduled delivery date, where such delay is caused by fire, flood, or other acts of nature, riot, strike, blackout, governmental action, embargoes, or other events beyond the reasonable control of Hospitality Furnishing Inc.
FREIGHT CLAIMS: Liability for good damaged during transit is the responsibility of the carrier. Hospitality Furnishing Inc shall bare no responsibility for damage during shipment, and all claims for damage shall be made with the carrier, by the buyer.

PASSAGE OF TITLE AND RISK OF LOSS: Freight terms notwithstanding, title shall pass tom and the buy shall bear the risk of loss, deterioration or damage of the goods from the time the goods leave the manufacture’s premises. The Buyer hereby acknowledges that the seller does not insure the goods in transit. It is the responsibility of the buyer to file freight claims with the carrier and buyer does hereby hold seller harmless from said liability. Buyer shall not withhold funds from seller while claims are being resolved with the carrier.

BINDING EFFECT: This agreement shall inure to the benefit of and shall bind the parties hereto, their successors and assigns.

PRICES AND PAYMENT: Buyer shall pay all insurance, state, federal, and local taxes. On invoice from Hospitality Furnishing Inc, buyer shall pay the total price as set forth on the reverse hereof in U.S. Dollars, unless otherwise set forth herein.

SECURTIY INTREST OF COMPANY: To secure payment of any and all indebtedness owed now or subsequently incurred, buyer shall pay the total price as set forth on the reverse hereof and all goods subsequently acquired from Hospitality Furnishing Inc together with any and all proceeds, which may be derived there from. Buyer shall upon Hospitality Furnishing Inc’s request execute any and all documents reasonably requested by Hospitality Furnishing Inc including a security agreement, financing statement, or any other document necessary or appropriate to perfect and evidence Hospitality Furnishing Inc’s security interest, either at or after the time of sale and does, hereby appoint company its attorney-in-fact to execute such documents in buyer’s name. In the event of default, Hospitality Furnishing Inc shall be entitled to pursue any and all remedies set forth in the security agreement between the parties, as well as those provided at law. The undersigned grants a security interest in all goods sold such that title is retained until payment is full has been received.

SERVICE CHARGE AND ATTORNEY’S FEES: Buyer shall pay a service charge of one and one half percent (1½ %) per month on amounts thirty (30) days or more past due. In the event that Hospitality Furnishing Inc must take legal action to collect any amount under this agreement, whether or not litigation results. Buyer hereby agrees to pay attorney’s fees, cost, and all costs of collection.

ENTIRE AGREEMENT: The writing constitutes the entire understanding of the parties with respect to the subject mater hereof. It may not be amended, except in a writing signed by parties hereto.

GOVERNING LAW: This Agreement is made at Dalton, Georgia and shall be constructed, in accordance with the laws of the State of Georgia. In the event of any litigation hereunder, buyer hereby expressly consents to be the jurisdiction and venue of the courts of the State of Georgia located at Dalton, Georgia, or at the option of Hospitality Furnishing Inc.

         POLICIES AND PROCEDURES   Top

1) Special Cabinet Policy:

2) Order Policies:

  1. Since Hospitality Furnishing Inc cannot produce from floor plans or    

elevations, please provide all the necessary information when filling out the order form (hingings, finfish end, and modifications, ect.) On approved special cabinets, please submit a drawing of the special cabinet with the order.

  1. A separate “Extra” order form is used for additions, samples, and replacement parts. Using “extra order forms will expedite the production of the needed parts.
  1. For Job site delivery, the buyer is responsible for providing delivery               

       instructions (a map and/or written instructions) with the order. We will  
deliver your order by truck or container or common carrier. The buyer is 
responsible for unloading from the truck or container.

3) Order Changes:
    
Changes may be made when the order is in the edit period within 48 hours from the  
date the order was received by Hospitality Furnishing Inc. If a change is needed
after 48 hours, you will have the possibility to do that on the order confirmation
sent to you upon treatment of order, prior to the production.

4) Additional Orders:

An “Additional order” will be accepted as a new order after 48 hours from receipt 
of the original order. Since an additional order typically follows the original order’s
date of entry, it usually cannot be shipped with the original order.

5) Cancellations:

If an order needs to be cancelled, please contact our representative immediately.
Cancellations will be accepted p to 48 hours after receipt of the order, at no charge.
Thereafter, the order is considered in production. If an order that is in production
needs to be cancelled, a fee will be charged. The charges for which the dealer is
responsible are determined by the invested cost of labor, and materials up to the point
of cancellation. The charge may be as much as the full order value if the cancellation
is made to late, in Hospitality Furnishing Inc’s sole discretion.

6) Lead Time:

      Normally 75 to 90 days after receipt of the order.

7) Confirmation of deliveries:

      Hospitality Furnishing Inc will inform the buyer 5 to 10 days prior to the delivery
date.

8) Delivery Policies:
It is the buyer’s responsibility to provide:      

     1. Suitable truck access to the place of delivery. In the event the driver determines that
a delivery cannot be made due to unsuitable access, the buyer is responsible for
locating an alternative site for delivery, and will be up charged the extra cost
incurred on the delivery.

     2. Delivering building location must be within 50 feet from truck access.

     3. The Personnel to unload cabinets from the truck. We will allow 2 hours for
unloading from the truck or container. Any detention fee over 2 hours will be the
buyer’s responsibility.

4. Site delivery cannot be made for extra orders.

9) Concealed Damage

      Any concealed damage must be reported to your Hospitality Furnishing Inc
representative within 30 days of receipt of merchandise.

10) Defective Goods Policy:

After the dealer has determined a cabinet or part(s) to be defective, and also covered
under the warranty, the dealer should then report the problem to the Hospitality
Furnishing Inc representative. At the discretion of the Hospitality Furnishing Inc
representative, the problem will be subjected to one of the following solutions:

  1. Replace part(s)
  1. Return part(s) to dealer’s location for the Hospitality Furnishing Inc representative to review.
  1. Review problem at the job location.

11) Service Policy:

         The buyer is responsible for the minor adjustments that are sometimes necessary to
the doors drawers, also including minor touchups associated with the normal
installation of the cabinets.

12) Natural Finish Policy:

        It is important to realize the following: the beauty of clear finished cabinetry really
comes from the true natural qualities of the wood itself.

Hospitality Furnishing Inc utilizes only select solid hardwood and hardwood veneers.
Natural wood, though, varies in color from shades of white, red, black, even green in   
areas. Mineral streaks may be visible too, where parts of the tree absorbed minerals
differently in one are that another. Grain and apparent texture will vary from “even”     
to “wild”.

These natural variations will be present throughout your kitchen. They will occur on
adjacent cabinets, between pairs o doors and/or characteristics of natural finishes,
because the effect from what you visualize now in viewing a smaller display or
finish samples.

         The variations are broad, but they re the beauty of natural wood. Hospitality
Furnishing Inc cannot be responsible for the type or degree of variation you may
actually experience in your kitchen or vanity cabinets.

         WARPED DOOR POLICY   Top

The most common causes of warpage are extreme weather changes, high humidity, and high moisture content present in the wood. To help control this problem, Hospitality Furnishing Inc strictly controls the moisture contents in the wood.

Customers and/or dealers must be aware that stock-age of cabinets in areas that are not temperature and humidity controlled will void their warranty.

Most slightly warped doors can be adjusted by door hinges. If a door can not be properly adjusted, Hospitality Furnishing Inc will replace, at no charge, only doors that show more than ¼” of warp-age when placed on a flat surface.

         WARRANTY   Top

Hospitality Furnishing Inc is among the finest in the kitchen cabinet and bathroom vanity industry. In keeping with this long tradition of excellence, your Hospitality Furnishing Inc cabinets are guaranteed to be free of mechanical and/or workmanship defects and are so warranted for a period or two (2) years from the day of delivery.

This warranty applies only to the original purchaser of Hospitality Furnishing Inc cabinetry.

Products or portions thereof possessing defect(s) within this time period will be replaced in whole or in part at the discretion of Hospitality Furnishing Inc.

This warranty applies to cabinetry only and does not apply to any defects caused by faulty installation or abusive use.

Replacement warranty is for products only and does not include any installation charges or freight incurred by the customer.

Special limited warranty on colored lacquer product(s):

Wood is a product which is in a continual state of expansion and contraction, causing hairline cracks at the joints of the cabinets face frame, doors, and 5 piece drawer fronts.
These hairline and/or shrinkages will not weaken the finish and are  considered acceptable, therefore not covered by this warranty.

Special limited warranty on wood variation of color:

Hospitality Furnishing Inc utilizes only select solid wood and wood veneers. However wood varied in color from shades of white, red, black, even green areas. Mineral streaks may be visible too, where parts of the tree absorbed minerals differently in one area than another. Grain and apparent texture will vary from “even” to “wild”.

These natural variations will be present throughout your kitchen. They will occur on adjacent cabinets, between pairs of doors and/or drawers on the same panels. Hospitality Furnishing Inc calls your attention to these characteristics of wood, because the effect these variations in an entire kitchen may be different from what you may visualize in viewing a smaller display or finish sample.

These variations will are broad, but they are the beauty of wood. Note that these variations are more visible on wood products with natural, pickled, crystal, and glazed finishes. Hospitality Furnishing Inc cannot be responsible for the type or degree of variation you may actually experience in your kitchen.

For Warranty application, contact the dealer from whom you purchased your cabinet(s) and report claimed defect(s).

No dealer of Hospitality Furnishing Inc has the authority to change or enlarge this warranty.

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