Terms & Conditions

1. Conditions

1.1 These Conditions shall form the basis of the contract between Coe Design Studio LLC (CDS) and the client in relation to the sale of Goods and/or Services, to the exclusion of all other terms and conditions which the client may purport to apply under any purchase order or confirmation of order or any other document.

1.2 A copy of these terms and conditions will be sent to you with a customer specification form. On signing the specification form you are deemed to have entered into a contract with CDS and accepted our terms & conditions. Your acceptance is defined by the date on which your specification form is signed and dated.

1.3 Changes to orders can only be accepted in writing.

2. Payment Terms and Interest

2.1 A down payment of 50% of the quoted amount is required in order for work to commence. CDS reserves the right to refuse refunds for cancellation of orders after a customer specification form has been signed.

2.2 A final invoice will be sent to the customer upon completion of the project. The remaining balance is due upon delivery of the goods or when the client arranges pick up.

2.3 Interest on an overdue invoice will be charged at 8% per month or part thereof.

3. Price

3.1 The price shall be the price quoted and referenced in the customer specification form unless otherwise amended in these terms and conditions.

3.2 Delivery charges will be extra unless stated in the quote. The client can choose to pick up or have goods delivered. The client must on signing the specification form confirm if they will pick up or if CDS is to arrange delivery. The client may arrange their own delivery service if desired.

3.3 Any additional instructions must be confirmed in writing and a price agreed for the additional work and materials before the work can proceed. Additional work, which may not be apparent when the estimate is provided, will be advised to the client on discovery and a course of action agreed. This includes frame repairs, which are hidden by upholstery.

3.4 Prices quoted stand for 30 days.

4. Custom Upholstery

4.1 CDS shall have the right to make any changes to the Services which are necessary to comply with any applicable law or safety requirement, or which do not materially affect the nature or quality of the Services, and CDS shall notify the client in any such event.

4.2 All new fillings applied to furniture intended for sale will be in compliance with 16 CFR part 1640. New covering fabric supplied by us will comply with the regulations or an acceptable interliner which complies with the regulations will be used. If the client is supplying the fabric they are required to submit documentation showing that the fabric complies with 16 CFR part 1640. This regulation only applies to furniture that is intended for sale and does not include upholstered furniture intended for personal use.

4.3 We do our best to advise customers of the suitability of fabrics whether supplied by us or not, however, we can only take responsibility for materials which are supplied by us; covering fabric supplied by the Client is at their own risk. Shortage of covering fabric supplied by the Client is the Client’s responsibility.

4.4 When the client supplies their own materials, it is their responsibility to ensure that the fabric is suitable for the purpose for which they intend to use it and that it complies with the relevant regulations in force with regard to Fire Safety. It is also the client’s responsibility to check the address details before arranging dispatch of fabrics to CDS.

4.5 CDS must be given clear written instructions regarding Fabrics being sent directly to CDS and the clients name must be clearly marked on the delivery note so we can check on your behalf that the correct fabric has been received.

4.6 Please request fabric companies to roll all fabrics on tubes, with no more than one fabric per tube. One continuous length of fabric should be used unless an extra amount is taken into account for pattern matching. We will do our best to remove creases but this cannot be guaranteed.

4.7 CDS cannot be held responsible for fabric flaws. If we cannot cut around them you will be notified.

4.8 Where printed and woven fabrics will not pattern match accurately, we will inform you for further instructions. We reserve the right to add a surcharge to the mark-up costs where fabrics, printed off-grain, require extra time to align and where fabrics and patterns behave unexpectedly.

4.9 CDS cannot be held responsible for the present or future behavior of the treatment/fabric/trims, such as wear and deterioration, stretching, shrinking, staining, cleanability, fading or damage to person or property where the client has acted against the manufacturers/retailers instructions. i.e. Washing/cleaning instructions, steaming etc.

4.10 All old covers will be removed prior to upholstery and will be discarded unless the client advises that they are to be returned. This advice must be written into the order.

4.11 We reserve the right to apply a 15% surcharge for handling fabrics not supplied by us. There will be a surcharge if we are given many small pieces from which to make a product.

4.12 CDS reserves the right to refuse any item of furniture into the workshop if a) it has any kind of live infestation e. b) it requires extensive repairing or c) is deemed unsafe to work on.

4.13 When working to customers’ design specifications and drawings CDS will not be held responsible for issues with design or functionality unless a sample product is ordered or testing is paid for. CDS endeavors to insure that any order sent out is in full working order, and to our usual high standard, however if we do encounter unexpected design issues, or need to alter a customers’ design we will charge accordingly.

4.14 We cannot be held responsible for customers preference to design elements that are not discussed or raised at the point of ordering, and will make educated assumptions based on the style of the product and it’s functionality.

5. Timely Completion of Work

5.1 CDS endeavors to complete projects by the specified time and date, providing that the materials to complete the work are available at the time the work is to be undertaken. However, situations may arise which means the work takes longer or requires additional materials not foreseen. CDS will endeavor to keep the client informed at all times of supply problems or other factors, which can affect completion times.

5.2 If the client wishes for CDS to deliver the items, delivery of the items shall be made to the address specified by the client. The client shall make all arrangements necessary to take schedule pick up or delivery of the items within fourteen days of completion.

5.3 CDS undertakes to use its reasonable endeavors to dispatch the items on an agreed delivery date, but does not guarantee to do so. Time of delivery shall not be of the essence of the contract.

5.4 Holiday cut-off dates: You will be given written notice of any holidays or order cut off dates that may impact the completion date of your order.

5.5 If the client fails to take delivery of the items on the agreed delivery date or, after CDS has given written confirmation to the client that the item is ready for collection and the client fails to collect within fourteen days of such notification CDS shall be entitled to store and insure the items and to charge the client the reasonable costs of so doing and charge for any additional deliveries.

5.6 CDS reserves the right to dispose of all Items of furniture held at our workshop for two months or longer without having received a deposit, clear instructions, or fabric being supplied by the client.

6. Acceptance of the Goods

6.1 Any problems with an order, whether the fault of the client or CDS, must be brought to the attention of CDS within two days of delivery/completion.  Thereafter charges will be made for any corrections. CDS will not be held responsible for charges if the client uses a third party to make any corrections or changes. The client will still be responsible for the original invoice. Charges will be made for corrections that are not the fault of CDS or for additional works/changes not forming part of the original quotation.

6.2 It is the client’s responsibility to ensure any items of furniture can fit into their property before placing an order. CDS will not be held responsible if it does not fit into your premises. If the client requires CDS to make any changes to rectify the position the client will be responsible for our additional costs.

7. Title and Risk

7.1 Risk shall pass on delivery of the Goods to the client’s given address or upon collection by the client from our premises.

8. Clients obligations

8.1 The Client shall:

8.1.1 Ensure that the terms of the Order are complete and accurate. The customer specification form and the corresponding quote are binding agreements. Any changes thereafter are subject to approval by CDS and must be in writing.

8.1.2 Co-operate in a timely manner with CDS in all matters relating to the Services.

8.1.3 Provide CDS with such information and materials as CDS may reasonably require to supply the Services and ensure that such information is accurate in all material respects.

8.1.4 Obtain and maintain all necessary licenses, permissions and consents which may be required for the Services before the date on which the Services are to start.

9. Limitation of Liability:

9.1 Subject to clause 11.1:

9.1.1 CDS shall under no circumstances whatever be liable to the client, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, or any indirect or consequential loss arising under or in connection with the service provided.

10. Force Majeure

10.1 For the purposes of this Contract, Force Majeure Event means an event beyond the reasonable control of CDS including but not limited to strikes, lock-outs or other industrial disputes (whether involving the workforce of CDS or any other party), failure of a utility service or transport network, act of God, war, terrorism, riot, civil commotion, interference by civil of military authorities, national or international calamity, malicious damage, compliance with any law or governmental order, rule, regulation or direction, accident, breakdown of plant or machinery, fire, flood, storm, earthquake, epidemic or similar events, or default of suppliers or subcontractors.

10.2 CDS shall not be liable to the client as a result of any delay or failure to perform its obligations under this Contract as a result of a Force Majeure Event.

10.3 If the Force Majeure Event prevents CDS from providing any of the Services and/or Goods for more than 4 weeks, CDS shall, without limiting its other rights or remedies, have the right to terminate this Contract immediately by giving written notice to the client.

11. General

 11.1 Governing law. This agreement and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of the United States of America.