Terms and Conditions
“Afra Furniture” shall mean Afra Furniture, “Purchaser” shall mean the company or any subsidiary or affiliate purchasing or receiving products under the contract, “Product” shall mean products specified in the contract, “Contract” shall mean commercial or pro forma invoice issued by Afra Furniture to the Purchaser based on a confirmed purchase order.
Quality Product Information
All Afra Furniture products are developed for commercial use only with premium grade materials, and are continually tested at the factories and testing laboratories. Product information can be found on the website at www.afrafurniture.com and in the Afra Furniture product binder. All dimensions are considered approximate; Afra Furniture reserves the right to make adjustments in dimensions without prior notice. Afra Furniture reserves the right to make minor changes to specifications, materials and design and to discontinue items without prior notice. The Purchaser shall agree that due to the variations in the color of wood in its raw state, product of wood finishes may have small variations in color. Personalized stain matching is offered at an additional cost of $ 100 per stain match. Custom finish matches are valid for 12 months from sample date. After this time period, custom finishes should be rematched and reapproved.
Afra Furniture offers a Limited Warranty to the original Purchaser, covering defects in material and workmanship, and starting from the date of the invoice.
- Afra Modeste, Afra Classic and Afra Modern collections for a period of five (5) years
- Contemporary, Elegant, Danish and Theater collections for a period of three (3) years
The Purchaser must promptly notify Afra Furniture in writing of any defect in the product within (7) days of the reception of the Product. Photos and inspection may be required before making final determination of the claim. Afra Furniture’s liability is limited to the repair and / or replacement of the determined defective product. Afra Furniture will determine which method will be used to make the correction. The Purchaser must prepay freight or other shipping charges on returned products or parts.
Any reimbursement for repairs made locally must be approved, in advance and in writing, by Afra Furniture. Claims for damages or delays occurred during transit or unloading of product are not covered under this Limited Warranty and must be made directly to the freight companies.
This Limited Warranty doesn’t cover repairs and replacement caused by the following:
- Unreasonable or abusive use chemical stains and damages
- Exposure to extreme climate conditions
- Modifications by the Purchaser
- Changes in wood color due to the natural aging of the wood
- The neglect of reasonable and necessary care and maintenance
- Normal wear and tear subjected to weather and usage
- Force Majeure
Afra Furniture is not liable for any lost of profits, rental replacement costs and other repair or replacement costs, special indirect or incidental damages, except those set forth herein. Afra Furniture’s liability is limited to the repair and replacement of the defective product in accordance with the terms of this Limited Warranty. Any dispute between Afra Furniture and the Purchaser arising under or related to the Sales Contract or this Limited Warranty, including without limitation the arbitration of such dispute, will be interpreted in accordance with the laws of the Province of Québec, and the Courts of Québec will have jurisdiction over legal proceedings.
Afra Furniture reserves the right to make changes or amendments to these terms without prior notice.
All items are manufactured with premium grade materials and are continually tested at testing laboratories. Items include polyurethane foam and fabrics that meet California Technical Bulletin #117 requirements. If required, certain items can be manufactured according to California Technical Bulletin #133 and surcharge may apply. Contact Afra Furniture for more information.
For any items that have not been tested, the testing could be done with lead-time 3-8 weeks depending on the item availability and testing requirements.
It is a customer’s responsibility to determine the local flammability code requirements.
Intellectual and Industrial Property of Afra Furniture Products
All intellectual and industrial property rights of the Products are and will remain Afra Furniture’s sole property according to the applicable laws.
All customers must ensures that will not manufacture, reproduce, imitate any of the Products, neither totally nor partially, not either alone, jointly with, directly or indirectly.
Shall indemnify Afra Furniture against all losses, liabilities, damages, proceedings, costs, expenses and claims to be paid by Afra Furniture by reason of the breach of the obligations set forth in the present statement, as well as by reason of the reproduction or use of the Products infringing the copyright, registered or not registered design, ornamental models, trade mark or other industrial or intellectual property rights of Afra Furniture / Hermes Supplies Inc.
All orders are to be sent via fax or emailed to:
AFRA FURNITURE CLAIM DEPARTMENT
600 rue Hodge
The following information should be provided:
- Contact name, including phone and fax numbers and email address
- The Afra Furniture Item Code (i.e. HER250CM)
- Choice of wood or metal frame finishing
- Upholstery specifications
- Quantity required
- Packaging specifications and shipping instructions
- Shipping information: ‘Shipping To’ and ‘Bill To’ information including delivery date on site, contact name and phone number at the delivery location
- Any other pertinent or important specifications
All orders are subject to delay due to labour, transport and supply difficulties, Act of God and all other events beyond Afra Furniture control. All delivery dates quoted are approximate. Contact Afra Furniture customer service to verify inventory and production schedules.
Method Of Payment
A 50% non-refundable deposit is required before an order is scheduled for production. The balance is due before the Product is shipped out. Lead time does not start until deposit, upholstery materials, and any missing information from the above is received. All payments are payable by check, money order and electronic transfer only. Pro forma invoice or commercial invoice is issued including detailed description of items, prices, shipping information and date.
Within 48 hours of receiving your order, Afra Furniture will either e-mail or fax you an order confirmation and invoice for deposit. Please contact Afra Furniture within 48hrs regarding any discrepancies. After 48hrs, customer accepts order as entered. The customer will receive the goods as entered and be liable for amount due. The Order Confirmation is the final agreement between Afra Furniture and the customer, superseding all previous communications.
Credit accounts can be opened for repeat customers after period of one year who have good credit ratings, satisfactory trade references and respect the agreed upon payment conditions. Before credit terms and a credit limit can be established, you must submit Afra Furniture Credit Application Form. Terms are net 30 days from date of invoice. A finance charge of 1.5% per month is applied to all overdue balances. All orders accept for quick ship items require a 50% deposit even if the customer has terms. The balance will follow the agreed upon payment schedule. In the event of delinquency, the customer shall be responsible for all collection costs, including attorney’s fees. Afra Furniture reserves the right to cancel or change credit terms and to request advance payment at any time.
Product prices are subject to change without notice to the Purchaser. All purchase orders are subject to final confirmation by Afra Furniture.
Some Products may be subjected to minimum order quantities.
Postponed shipment beyond Afra Furniture shipping schedule will result in a storage charge at a rate of five percent (5%) per month on total of commercial invoice.
The Purchaser shall be liable for all collection costs. Overdue accounts will be charged a late payment charge of two and one-half percent (2.5%) per month.
All orders accepted by Afra Furniture are considered firm and binding and are not subject to cancellation.
Delivery and Risk of Loss
All prices are FOB Montréal, Québec. Afra Furniture is not responsible for any loss or damage in transit between Afra Furniture’s storage facility and the product’s final destination.
Damaged Merchandise and Freight Claims
Upon reception of the Product, the Purchaser shall promptly exam the Product for any damages, defects or shortages before signing the freight bill and shall wave a claim within seven (7) days after the receipt of the shipment of Product with the transport company. All Damages and / or shortage should be recorded on the bill of lading and freight bill. If the delivery carrier receives clear receipt for the shipment, the carrier is then relieved of further responsibility.
COM (Customer’s Own Material)
COM orders, products made with the Purchaser’s own material, will be scheduled for production only after the material is received and inspected by Afra Furniture. All COM orders must be shipped prepaid and with marked purchase order number and Purchaser’s name. Afra Furniture reserves the right to refuse any COM orders.
The Afra Furniture Limited Warranty does not cover the quality and durability of COM products. Afra Furniture is not responsible for wear, tear or fading of any upholstery or other material, supplied by Afra Furniture or the Purchaser. Afra Furniture is not responsible for the quality and / or performance of COM flame retardant material.
A written authorization issued by the Afra Furniture Customer Service Department is required before any Product return will be accepted. All returned Product must be properly packaged in order to prevent further damage and must have attached a returned authorization issued by Afra Furniture otherwise shipment shall be refused.
A return agreement may be issued for the following reasons:
- A manufacturing defect (must be inspected by an appropriate Afra Furniture representative, and is subject to replacement only)
- An order processing error
- A shipping error
- Duplicate shipments
Afra Furniture Rights
Afra Furniture retains the right to resell any Product in its possession upon breach of the Contract by the Purchaser. The Purchaser shall remain liable for any deficiency on resale of the Product in effect based on breach of the same Contract. Afra Furniture shall be reimbursed for reasonable attorney’s fees and costs.
Purchaser’s rights are exclusive for shortage of Product, or defective Product and are limited to repair OR replacement. Purchaser shall not have the right to withhold payment or to make reduction of price. Purchaser’s rights are applicable only if a claim is submitted to Afra Furniture within ten (10) days of receiving and approval of the Product.
Limitation of Liability
Afra Furniture will not be liable to the Purchaser for any incidental, consequential, correctional, indirect damages and / or attorney fees, foreseeable or unforeseeable, based on claims of the Purchaser, its clients and purchasers, including but not limited to, claims for loss of profits, goodwill, use of money, use of products or of other assets, arising out of breach of implied Limited Warranty, breach of contract, negligence, and misrepresentation. The Purchaser is responsible for all personal injury and property damage resulting from the use, handling, possession and resale of any Product.
Afra Furniture shall not be liable for non-performance or delay due to war, acts of the public enemy, acts of God, fire, flood, explosion, accident, or strike, sabotage, labour trouble, connected with any law, act, regulations, request or recommendation of any governmental authority; shortage or significant increase of costs of fuel, raw materials, energy sources or labour, breakdown of equipment beyond the reasonable control of Afra Furniture interfering with the production and transportation of the Product covered by the Contract.
Any dispute between Afra Furniture and the Purchaser arising under or related to the Contract shall be resolved by or interpreted in accordance with the laws of the Province of Québec and that the Courts of Québec will have jurisdiction over legal proceedings in respect of the Contract.