Terms of Agreement - Front of Sales Contract
- Delivery Time cannot be guaranteed.
- No Cancellations except as noted Below.
- No Refunds except as noted Below.
- Client agrees to accept each line item as described on their sales contract.
- Client agrees to terms 1-4 above, the terms below & Smithe's service policies.
- Prices are Subject to audit and correction.
- All orders are subject to product availability. Walter E. Smithe reserves the right to cancel all orders due to product availability.
- Wisconsin and Indiana deliveries are subject to applicable local sales tax.
Terms of Agreement - Reverse Side of Contract
This contract supersedes all prior written and verbal agreements and statements made by Smithe Representatives.
- A 50% deposit must be maintained on all open orders.
- Balance due must be paid upon delivery of each item.
- Smithe Card payments are subject to the guidelines of an independent finance company.
- All Internet Orders MUST be paid in full.
- On all Internet orders, all credit card payments will be charged upon order verification.
Canceling an Order
- Under priced orders will be canceled by Smithe when identified upon audit.
- Special Orders & Items stocked in Smithe’s warehouse can be canceled if Smithe is notified within 24 hours of order placement. After 24 hours but before delivery, all special orders & Items stocked in Smithe’s warehouse can be canceled after a 30% cancellation fee is paid.
- Small accessories taken from the showroom can be returned for refund within 14 days if in perfect condition.
- Orders for Clearance items cannot be canceled after the order is placed, no exceptions.
- Orders cannot be canceled when one piece of a set is discontinued, but Smithe will assist Client in finding an alternative.
- Reorders and Re-selections can never be canceled.
- Orders are never cancelable due to delays, but loaner pieces may be available.
- Orders are never cancelable due to errors, damage or defects, but Smithe will take prompt appropriate remedial action.
Changing an Order
- Special orders can be changed up to 24 hours after order placement. After 24 hours, Client agrees to pay a 10% fee before the order can be changed.
Holding Items in Warehouse
- Client agrees to take delivery within 14 days of arrival at Smithe’s warehouse. Smithe will hold items up to 30 days if Clients pays the balance in full. If client does not accept delivery within 30 days, the order will be cancelled, items disposed of and the deposit forfeited.
- A one time exchange is available on special order & stock items if requested within 14 days of delivery, a 10% fee is paid, and the item is returned in brand new condition. A 25% fee applies to Pillows, ottomans and bedding.
- Replacement orders must be of equal or greater value. No refunds on unused balances.
- Replacement orders must be placed within 14 days of approval. Extensions cannot be granted.
- Multi piece sets must be exchanged as a whole. Credit cannot be issued for individual items.
- Store credit or compensation of any kind cannot be issued for client supplied fabrics.
- Clients living over 100 miles away are responsible for all transport costs.
- Reupholstered items , draperies, window treatments, and highly customized items cannot be exchanged.
- Smithe reserves the right to refuse to issue an exchange authorization in certain circumstances.
Service & Repair Policies
- Service issues are resolved according to policies in Smithe’s Warranty & Service Policies guide.
- Client may withhold 10% of the value of unsatisfactory goods until service is complete.
- Smithe reserves the right to repair rather than replace damaged items. Repairs are guaranteed for life.
- Clients living over 100 miles away are responsible for all service transport costs.
- Floor Samples are sold AS IS with no service or warranty. Smithe is not liable for subsequent transport or pick up damage to floor samples.
- Replacement parts may not always match the original dyelot or finish.
- Client is responsible to ensure furniture will fit into the home as planned.
- Smithe is not responsible if furniture does not fit or cannot be delivered without risk of damage or injury.
- Refunds are not available when items do not fit, including when a fit estimate was performed prior to order placement.
- Client must pay balance due at the time of delivery when an item does not fit.
- Items that do not fit may be returned and exchanged for items of equal or greater value when the COD plus a 10% restocking fee is paid in full.
- The restocking fee will not be charged if a fit estimate was performed prior to order placement.
- Delivery appointments cancelled within 24 hours of delivery are subject to a $50 fee.
- Smithe is not responsible for alleged damage reported after the delivery team has left the home.
- Perfect Repairs to home damage cannot be guaranteed due to variations in dye lots, aging materials and unavailability of original materials. Smithe’s liability in case of home damage is contractually limited to repair. Smithe is never liable for replacement of entire floor or wall coverings. Quotes for home repair by an outside contractor must be approved by Smithe in advance.
- Smithe is never liable for any problems arising out of complimentary moving of Clients old furniture.
- Client is responsible for prudent placement, safe use and day to day maintenance of each item. Client agrees to routinely inspect furniture to ensure it is in safe condition. Client is responsible to exercise care when setting up, moving furniture or placing items in furniture to ensure against instability, risk of fire, home damage and to avoid risk of tipping.
- Client assumes responsibility to keep furniture away from cigarette, cigar and other ignition sources that could result in fire.
- Client assumes responsibility of safe operation of electrical items which if not properly maintained can result in risk of fire.
- Client indemnifies & holds Smithe harmless for any problems resulting from improper or unsafe use by Client.
- Smithe is not responsible for any problems related to furniture contact points with flooring, walls or table tops.
- COM (Clients Own Material). Scraps cannot be returned, additional yardage may be required at client expense to complete the original order or make subsequent repairs. Smithe is not responsible for Reupholstery of COM items if fabric cannot be obtained to make a repair.
- No re-selections or service beyond the manufacturer’s warranty will be provided on price matched orders.
- Variations in color, texture and natural markings of wood, fabric, metal and leather are common and cannot be avoided. Smithe cannot be liable for any concerns resulting from such variations. These variations cannot always be represented in showroom swatches.
- Smithe is not liable for fading under any circumstances.
- Smithe is not liable for size variations of 5% or less.
- Smithe is not liable for pilling.
- Smithe is not responsible when existing headboards and bed frames do not match new items.
Smithe is not liable for consequential damages of any kind under any circumstances.
This contract is governed by the law of the state of Illinois.
Please call 630-285-8000 if you have any questions.
REUPHOLSTERY / REFINISHING TERMS AND CONDITIONS
PRODUCTION SCHEDULE: Most orders are completed within 30 days of the fabric arriving at our shop. When your fabric arrives, we will contact you to set up a pick up date. Your newly reupholstered furniture will be delivered within 21 days of pick up. Loaner sofas and chairs are available for a fee.VARIATIONS FROM ORIGINAL. New foam and fabrics may make many items feel firmer to the touch or seat. Cushions will be taller and plumper. Certain dimensions will be different from the original. Refinished wood stain and finish may vary from the original. Such variations are normal and cannot be modified.HIDDEN DETERIORATION OR DAMAGE is sometimes found upon removing the original fabric and foam. In such cases, we may be able to repair it. We will contact you to explain and offer to repair at time and material rates if possible. If not repairable, the piece will be returned to you and you will be responsible only for the $99.99 pick up and redelivery fee.LOSS OR DAMAGE. In the unlikely event your furniture is lost or damaged, a replacement of comparable value will be provided. Our liability is limited to the total cost of the reupholstery labor and fabric for the item.ADDITIONAL TIME & MATERIAL. Some jobs require additional labor or material. Client is responsible to pay only the difference in dealer cost in such cases.CUSHIONS are medium firm. No other cushion firmness is available. Re using original cushion inserts is not recommended unless they are unique or in very good condition.THE OVERALL LOOK OF THE ORIGINAL will be replicated. However, some details may vary from the original due to different fabrics, unavailability of parts, or upholstery techniques. An exact replica of the original is not guaranteed.
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