Five-Year Warranty
For products sold after January 1, 2001, subject to the limitations, exclusions and disclaimers set forth below, (which are expressly incorporated herein), Davis warrants its products to be free from defects in workmanship and materials for a period of five (5) years after the date of original shipment (the "Warranty Period"), provided the product is used in the manner and under the conditions for which it is designed.
Limitation of Liability
1. This warranty shall apply only if (i) Purchaser notifies Seller in writing of the claimed defect within 30 days of discovery; (ii) Purchaser discovers the claimed defect within the Warranty Period; (iii) Purchaser allows Seller to inspect the Goods claimed to be defective; and (iv) Seller or its representative confirms the defect in writing to Purchaser.
2. This Davis Limited Warranty extends only to defects in materials and workmanship which occur during "normal use and service" as defined below, and it does not apply to: (a) Goods that have not been maintained in accordance with instructions or that have been accidentally damaged; (b) defects attributable in any way to installation, modification or repair made by any party other than Davis; or (c) mishandling, accident, fire, lightning, other hazards whether natural or man-made, or shipment. "Normal use and service" means that the product will be used in a typical office environment for 40-45 hours per week.
3. Products that are non-standard are not covered under this warranty.
4. Further, this warranty shall not apply if (a) Purchaser or a third party modifies or repairs the Goods without Davis' prior written approval; or (b) after discovery of a defect, Purchaser fails to take prompt and reasonable steps to prevent the defect from becoming more serious.
5. Davis guarantees upholstered products only to be free from defects and that the upholstery is tailored according to product specifications. Davis offers no warranty, either implied or express, on any fabrics or leathers. Fabrics and leathers may carry warranties from the fabric manufacturer or reseller. Because every fabric specification is different and application for use must be taken into consideration, Davis shall not be held responsible in any manner for wrong specification of fabric, and Davis does not guarantee specified fabric for tailoring, wear, durability, or light fastness. Davis makes no warranty of any kind with respect to "customer's own materials" (COM), "customer's own leathers" (COL), or non-standard materials selected by and used at the request of the purchaser.
6. Variations in grain, color, marks, scars, texture and pattern of wood, leather and textiles may occur as a result of nature, dye lot, exposure to light, and aging. Davis makes no warranty with respect to matching of grain, textures, pattern or colors of such materials, including an exact match to wood chips, color samples, or swatch cards.
7. Only the "Orta Series" has been approved for outdoor use. The formation of rust and/or corrosion on the "Orta Series," due to outdoor use does not constitute a defect in materials and workmanship, and is not covered under this warranty.
8. Consumable or high wear products, such as but not limited to light bulbs, pneumatic cylinders, and certain electronic products are not covered under this warranty.
9. During the Warranty Period, if a Davis product does not conform to this limited warranty, the purchaser's sole and exclusive remedy against Seller arising out of or in connection with any claimed defect in any Goods sold hereunder, whether based upon contract, strict liability or negligence, and whether for personal injury, commercial loss, or other monetary loss, shall be at Davis' option and sole discretion, is one of the following:
(a) Repair of the defective component or product,
(b) Replacement of the defective component or product, or
(c) Refund of the original purchase price paid for the defective product upon return of the defective product to Davis.
10. IN NO EVENT, WHETHER BASED IN CONTRACT OR TORT OR OTHER LEGAL THEORY, SHALL DAVIS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL, INDIRECT OR PUNITIVE DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION, DAMAGES TO OTHER PROPERTY, INCONVENIENCE, LOSS OF GOODWILL, LOST PROFITS OR REVENUE OR OTHER FINANCIAL LOSS, LOSS OF USE OF THE PRODUCT, OR CLAIMS FOR DAMAGES RESULTING FROM THE USE OF THE PRODUCT. Some states do not allow the exclusion or limitation of incidental or consequential damages or allow limitations on how long an implied warranty lasts, so the above limitations and exclusions may not apply to you.
11. THE FOREGOING LIMITED WARRANTY AND REMEDY ARE EXCLUSIVE AND MADE ONLY TO THE ORIGINAL PURCHASER. DAVIS MAKES NO OTHER EXPRESS, IMPLIED OR STATUTORY WARRANTY, INCLUDING ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND ALL SUCH WARRANTIES ARE HEREBY EXPRESSLY EXCLUDED.
12. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY HAVE OTHER RIGHTS, WHICH VARY FROM STATE TO STATE. THERE IS NO WARRANTY FOR INTERNATIONAL USE OR PURCHASES.
To obtain performance of this Limited Warranty, the purchaser should contact in writing the authorized Davis dealer or reseller who sold the product to the purchaser, or mail its warranty claim to:
Customer Service Department, Davis Furniture Industries, Inc., PO Box 2065, High Point, NC 27261-2065
TEL: 336 889 2009, FAX: 336 889 0031, E-mail: customerservice@davisfurniture.com.
Conditions of Sale
Terms 1% 15 days net 30 days. All list prices are FOB High Point, NC. Prices are subject to change without notice. To obtain open account status we require satisfactory reports from five supplied trade references, financial statement, if available, or Dun-Bradstreet rating. Credit evaluation can be made only by our High Point office. Possession of this price list does not constitute the authority to sell.
Cancellations Cancellations will not be accepted without our approval on any orders once they are put in process for production. We will exert every effort to meet our shipping dates but failure to do so does not justify their cancellations. If an order is cancelled while in production, a restocking charge will be applied based on the condition of order at time of cancellation.
Arbitration of Disputes Any controversy, claim or dispute between the purchaser and Davis, directly or indirectly, concerning this warranty, Davis' obligations under this warranty, or the breach hereof, shall be fully and finally settled by arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association. The governing law of this warranty and any arbitration held hereunder shall be the substantive law of North Carolina, USA. Such arbitration shall be held in High Point, North Carolina, and judgement upon the award rendered may be entered in any court having jurisdiction thereof. The costs and expenses payable to the American Arbitration Association for such arbitration shall be paid by the losing party as determined by the arbitrator.
Damaged Merchandise Do not refuse merchandise damaged in transit. Keep product in original shipping box or container for inspection by carrier. Enter a claim with the transportation company. All shipments are delivered to the transportation company in good condition. (Our liability ceases at that time.) If shipment arrives damaged or short, you should immediately file a claim with the delivery carrier. We suggest for your protection that all shipments be unpacked and inspected upon arrival at destination.
Returned Merchandise Do not return any merchandise without written permission fromDavis Furniture Industries, Inc. Only warrantee merchandise will be considered.
Repair Charges All repair charges must be authorized in writing by Davis Furniture Industries, Inc. if repair is due to factory defect.
Service Charges An automatic $12.00 service charge will be made for all prepaid shipments. This charge is only instituted when the carrier will not bill directly to the dealer. Davis makes every effort to give the carrier information for billing the dealer direct.
Shipping Unless complete instructions as to shipping method and routing are stipulated by the customer, Davis has the option to ship by what is in Davis' opinion, the best way. Merchandise may be delivered at one time or in partial shipment from time-to-time. Customer bears risk of loss or damage during shipment. All items are shipped strictly according to freight regulations. Davis is not liable for any delays or failure to deliver or perform due to fires, floods, accidents, transportation difficulties, failure or delay of sources of supply, acts of God, or any other causes of like or unlike nature beyond Davis' control.
Claims The utmost care is used in packing and shipping. Our liability ends when the carrier issues a clear receipt to Davis, which is an acknowledgement by the transportation company that the shipment has been received by them in good condition. Examine merchandise carefully before giving the transportation company a clear receipt. If the shipment is not delivered in good condition and in accordance with quantity called for by the bill of lading, insist on the carrier making notations on the delivery receipt and the original freight bill as to damage or shortage before accepting shipment. If the shipment is in apparent good condition but upon opening contents are found damaged, unpacking should be stopped and an inspector of the transportation company should be called to examine the shipment and indicate on the delivery receipt the exact condition of the contents. Do not give the carrier a clear receipt for cartons appearing to be damaged. Failure to make any claim against Davis within 10 days shall constitute acceptance of the merchandise and a waiver of any defects, errors, or shortages ascertained upon inspection.
Cartoning and Crating Continental US Shipments - All Davis product is packaged for shipping on Davis Trucks or commercial carriers. List Price includes standard cartoning.
Overseas Shipments Products shipped outside of the continental US should be specified with special cartoning and/or crating for export. A 5% upcharge to net prices will be assessed. If it is possible to combine items into larger crates, this will be considered. Contact your Davis Customer Service Representative to verify quotes for exported products.
The following describes special cartoning/crating: DISCONNECTED TOPS - TAO, T/C Towers, Cosmo, Conference Tables, Zoom Meeting and Zoom Briefing require standard packing with 1/4" BC pine plywood covering both sides of crate. Connect and Talk will have standard boxing with crate around box (no plywood). CONTAINERS AND HARDWARE - The following items are to be boxed as normal and a crate added around box: All containers, legs, hardware, etc. for TAO, T/C Towers and Cosmo; and all conference table bases, lecterns, and occasional tables. SEATING - all seating units are boxed but may require additional crating reinforcement. All tandem seating units must be crated, including Zeno Tandem.
Designs The products shown in our catalogs and price lists are, and remain, Davis' property. We reserve the exclusive right to manufacture the models shown. All dimensions and weights shown are to be considered approximate. We reserve the right to make changes in price, dimensions, design and/or construction without prior notice. Our catalog and price list are not available to the general public. They are issued to the trade solely for the purpose of inviting purchase of these products from Davis.
Licensed Designs Products that Davis has licensed from European Manufacturers are restricted to distribution in Canada, North America and South America. Some of Davis' original designs also have been licensed to manufacturers that will have Europe, Asia, Pacific Rim, or Middle East distribution. Due to licensed product agreements, these items may not be shipped out of agreed territories. Please contact factory before specifying products for shipments to Europe, Asia, Pacific Rim, or Middle East. Davis will provide the source for the territory in which the product is being shipped.
Patents Certain Davis design and mechanical features are protected under patents, either obtained or pending.
Order Acknowledgement Order acknowledgement will be made for each order and indicates final production specifications. Buyers should check acknowledgement to be sure that all order details are correct. Orders will not be acknowledged or entered for production until all specification information is complete (see check list for ordering). Accepted orders are subject to the terms and conditions set forth herein, and on our acknowledgement, not withstanding any variance in terms and conditions set forth on buyer's order form.
Warehousing As production space is at a premium, orders will be shipped when completed. On orders for which payment has not been received, a warehousing charge will be levied according to the following schedule. (Note: if you have requested an extended delivery date at the time the order was placed, warehousing charges will not be made until after that date.)
Check List for Ordering Furniture
Many orders are received with incomplete or conflicting information, causing needless correspondence and unnecessary delay. Before submitting your order, please be sure it includes the following information.
1. Quantity
2. Item Number — refer to each product collection for complete item number sequence
3. Finish Color — wood and metal
4. Fabric pattern, color and application instructions — specify pattern direction and correct side
5. Options — list with each specific product
6. Any specials or revision to standard construction
7. Drawing for all modular seating, table or case good components
8. Your purchase order number
9. Shipping destination
10. Shipping instructions; if any