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All product is acknowledged and invoiced from Bright Chair Company (Bright) headquarters in Middletown, NY. FOB. Pricing is for standard product only and does not include miscellaneous charges including: taxes, cartoning, freight, delivery or installation. Prices, specifications and materials are subject to change without notice. Quotations are valid for thirty days.
Due to the handmade nature of our products and variables in coverings, all weights, dimensions, descriptions and illustrations contained in Bright catalogues, literature, price lists, drawings advertisements or on our websites are close approximations and subject to variation. Such materials are only intended to give a general description of the goods and any variations shall not be part of or void any of the Terms and Conditions of sale.
This is the complete agreement and no terms or conditions modifying the same will be valid unless modified in writing and signed by approved officers of both the buyer and Bright. Shipment by Bright is in no way an acceptance of any change in terms and conditions that buyer might note on their purchase order or subsequent documents that conflict or are inconsistent with Bright terms and conditions.
Product pricing is acknowledged and invoiced at net, FOB Middletown, NY. Unless otherwise noted, applicable upcharges, fabric costs, freight delivery or miscellaneous charges are invoiced at net as separate items. Prices, specifications, measurements and materials are subject to change without notice.
All orders require a 50% deposit and the balance is due prior to shipment. On all balances outstanding longer than thirty days we will charge interest at 1 1⁄2% per month or part thereof. The annual rate is 18%. Bright reserves the right to establish authorized distributors and appropriate lines of credit.
Storage charges of 10% per month will be charged to store merchandise not picked up within 45 days from the date of invoice for final balance due.
All orders must be received, accepted and acknowledged by Bright headquarters in Middletown, NY. No other office or representative has the authority to accept orders on behalf of Bright. Receipt of our acknowledgement indicates your acceptance of the terms and conditions as described here and in our price list.
Cancellations and changes in an order will not be accepted without approval from Bright. Once cover has been cut or frame put into production, any approved cancelled order is subject to a minimum 25% charge, depending on the extent of the work completed. Any cancellations accepted on acknowledged orders where materials have not been put into production carry a 10% handling charge.
All shipments are delivered to the transportation company in good condition, at which time our responsibility ends and title passes onto the buyer along with all risk for loss or damage.
All claims as to breakage, damage, or shortage must be made and adjusted with the transportation company. When accepting blanket wrapped delivery, carefully inspect all pieces and note any damage on receipts. Promptly file any claim. When accepting cartoned shipments, note any external carton damage as you are entitled to make claims for concealed freight damage. Keep damaged cartons for inspection. Claims must be made upon receipt of merchandise. Additionally, claims regarding shortage or damage must be made to Bright in writing within forty-eight (48) hours of receipt of furniture. Regardless of any damage claims, adjustment or final adjudication of claims, our invoices are due in full as presented.
Bright cannot guarantee the arrival time of any shipment. Completion and delivery dates are estimates only. Bright shall not be liable for delays in completion or shipment or default in delivery for any reason of force majeure or for any cause beyond its reasonable control including raw materials or labor issues. In the event of any delay in Bright’s performance due in whole or in part to any cause beyond manufacturer’s reasonable control, Bright shall have such additional time for performance as may be reasonably necessary under the circumstances. Acceptance by Buyer of any goods shall constitute a waiver by Buyer of any claims for damages caused by any delay in delivery of Bright product.
Unless otherwise requested, Bright will arrange to ship prepaid freight and/or inside delivery, which is invoiced with a handling charge. Shipments returned to Bright due to delay by buyer or failure to accept delivery will require buyer to pay all additional costs incurred by Bright, including but not limited to: additional freight, handling, and storage charges. All freight and delivery charges are proforma and due with the final invoice before product will be released for shipment.
Customers may choose to make their own freight and delivery arrangement for which Bright charges a documentation and handling fee of $95 per order, which will be added to the balance due. Bright must be notified of the specific details and such arrangements at the time of order placement. Forty-eight (48) hour advance notice of pick up and confirmation from the factory location is required.
If a customer selects their own freight carrier, freight claims must be filed directly with the selected carrier.
The location of the pick-up or final delivery destination determined by the client or the client’s agent may cause sales tax or other responsibility due to that location.
No merchandise may be returned without proper factory authorization. All returns must be prepaid by shipper. Do not send merchandise to Bright without authorization. All such shipments will not be accepted. Merchandise will not be accepted if shipped collect or without proper RAN (Return Authorization Number).
Bright uses, as standard, foam and fill products that meet California Bulletin 117 specifications without the use of fire retardant chemicals. All furniture is manufactured with polyurethane foam products which, when ignited, will emit harmful fumes. Bright products can be manufactured with components that meet California Bulletin 133 standards but products have not been specifically tested to pass California Bulletin 133.
Most coverings meet the California Bulletin 117. Call your supplier for specifications for the coverings specified or for any necessary treatments. When used with components consistent with California Bulletin 133, fabrics that meet California Bulletin 117 may produce furniture compliant with California Bulletin 133. Product certification is available at additional cost. Contact customer service for further information.
Bright warrants its products to be free of defects in materials and workmanship for a period of two (2) years from date of invoice. This warranty does not apply to any COM covers, casters or pneumatic lifts. All warranties assume normal and correct product usage. We accept no liability for breakage due to misuse or excessive wear and tear. Correct product specification for particular application is the responsibility of the purchaser.
The repair, replacement or prorated rebate of the full purchase price, chosen at the option of the manufacturer, constitutes the full liability of Bright and is the sole remedy of the buyer. This warranty does not cover any costs for labor, removal, installation or freight of items covered by warranty. Bright assumes no liability for commercial loss or consequential damages that may arise as a result of any product defect or fault. It is understood that these limitations of remedy and liability are part of the terms and conditions of purchase of Bright product and, by placing an order, the buyer accepts these limitations.
This constitutes the entire warranty and is in place and in lieu of all other warranties of every kind whether implied or expressed including, but not limited to the warranty of fitness for a particular purpose or warranty of merchantability.
Yardages are based on 54” wide plain material cut railroaded from the roll. For coverings with stripes, plaids, patterns, narrow widths or cut into the roll, additional yardage will be required. Because of the wide range of weaves and filaments used in upholstery fabrics, we do not assume any liability as to wear, damages, flaws, seam slippage, fading, pilling, wrinkling, dye variations, tailoring qualities, suitability or any other problems related to C.O.M. covers. Due to the nature of specific fabrics, seaming details and placement might vary from showroom samples. We assume that all covers have been inspected by the seller of the cover and are up to their standards.
Coverings will be cut adhering as closely as possible to the instructions provided but at the discretion of Bright. If no specific instructions accompany the order, we will use our best judgment in applying stripes or patterns; however, responsibility remains with the customer. While we will do our utmost to detect mistakes by others, we take no responsibility regarding the COM cover relative to quality, correct pattern color or yardage verification. Acceptance of covering does not imply an assumption of responsibility as to warranty or durability nor in any way implies our approval, acceptance or assumption of any warranties or fitness of the cover for the usage ordered.
Leather requirements are based on full size hides. Small sized hides will require additional square footage and additional seaming. Such orders are subject to additional charge. Additional leather might be required due to irregular hide shapes or markings. Bear in mind that leather is a natural product. Scars, wrinkles, pockmarks and other natural imperfections are part of the natural beauty of leather and should be expected when using leather.
Collect shipments will not be accepted. Cover should be sent, prepaid, to: Bright Chair Company, 51 Railroad Avenue, Middletown, NY 10940. All packages must be marked to include the following: customer name, order number, style of pieces to be covered and specific instructions for application.
Wood is natural product. Bear in mind that certain marks and variations in color or graining are intrinsic to this product and should be expected. Finish samples are only presented as representative of color or graining and are not presented as exact matches. While all efforts are made to provide consistent and accurate color matches, no absolute guarantee is made or implied.
Unless specific arrangements to the contrary have been made, all sales assume that the payment of any sales, use or miscellaneous taxes to be the responsibility of the buyer. As such, all pricing is exclusive of any taxes. A tax exempt certificate is required of clients where tax is not invoiced.
Bright, the product lines promoted by Bright and The Bright Group, the photographs of the product lines promoted by Bright and The Bright Group and catalogs and the other content on the Bright and The Bright Group websites are protected by intellectual property laws, including trademark, trade dress, design patent and copyright laws. The use of photographs or any other content contained on the Bright or The Bright Group websites is strictly limited to the promotion and sale of Bright and The Bright Group product lines. All other uses are strictly prohibited. By accessing the Bright or The Bright Group website, visiting a Bright or The Bright Group showroom or ordering a product promoted by Bright or The Bright Group, you agree to recognize all intellectual property rights and protections afforded to Bright and The Bright Group and to not violate or cause others to violate such rights.
If Buyer fails to make payment in accordance with the terms of this agreement or otherwise fails to comply with any provision hereof, Bright may, at its option, cancel any unshipped portion of this order, retain the goods and declare a forfeiture of the deposit as liquidated damages. Bright shall, in addition to other remedies available under any applicable Uniform Commercial Code or otherwise by law, maintain the right to appropriate and apply the goods to payment due hereunder or proceed to sell or otherwise dispose of the goods at public or private sale for cash or credit. The Buyer shall be credited with the proceeds of such sale to the extent due when the proceeds have been received by Bright.
If any notification or intended disposition is required by law, such notification shall be reasonably and properly given if mailed at least ten days before such disposition, postage prepaid, to Buyer. Manufacturer may apply any proceeds of the goods to the payment of expenses and costs to exercise Manufacturer’s rights hereunder, and any balance of such proceeds shall be applied against Buyer’s account in such order as Manufacturer shall determine in its sole discretion. Buyer will remain liable for the balance of all unpaid accounts.
Waiver by Manufacturer of any breach of these terms and conditions shall not be construed as a waiver or any other breach, and failure to exercise any right arising from any default hereunder shall not be deemed a waiver of such right at any subsequent time.
In the event that any one or more of these terms or conditions is held invalid, illegal or unenforceable, such provisions or provisions shall be severed and the remaining terms and conditions shall remain binding and effective.
This agreement shall be deemed to have been executed and delivered at Bright Chair Company, 51 Railroad Avenue, Middletown, NY 10940. This agreement and all rights and obligations hereunder, including matters of construction, validity and performance shall be governed by the laws of the State of New York including the Uniform Commercial Code as enacted in that jurisdiction. All disputes shall be filed in with the American Arbitration Association in Middletown, New York and governed by the rules of AAA. All decisions made in the arbitration will be considered binding and an entry of judgment shall be deemed to the prevailing party. The non-prevailing party shall pay attorney fees and cost. Any judgment rendered by the arbitrator may be entered in any court having jurisdiction.