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TERMS OF SALE

Effective Date: January 2019

Unless otherwise stated, these terms of sale apply to all orders accepted by DeMuro Das on or after the Effective Date listed above.

 

ACCEPTANCE OF ORDERS

DeMuro Das reserves the right to accept or reject any order from a customer.  If the order is accepted, DeMuro Das will issue an invoice for the order.  The invoice, together with the terms and conditions on this page, collectively constitute and will be herein after referred to as the “Terms of Sale” governing the sale of goods identified on the invoice.  Unless otherwise provided herein, it is understood and agreed that these Terms of Sale constitute a binding contract between DeMuro Das and the customer and supersedes any prior writing or agreement for the order.

If the order is accepted, DeMuro Das will collect a 50% deposit prior to the start of production. For custom orders, a shop drawing will be also be issued for client approval prior to the start of production.

The remainder balance will be collected prior to the items being shipped from the factory.  This balance will include any applicable sales tax and white glove delivery charges.  

LEAD TIMES

Production lead times are generally 7 – 10 weeks for standard pieces.  Production involving hand cast metal and stone tend to be on the longer end of this time frame.  Custom items may also extend production timelines.  

Our standard shipping lead times by ocean vary by destination.  For North America, ship times are generally 6 - 7 weeks to arrive at our NYC receiver.  White glove delivery will generally take an additional 1 – 4 weeks depending on location. For non-US locations, ship times vary depending on the country.  Please contact the DeMuro Das showroom in New Delhi for specific quotes.

DeMuro Das can offer shipping via air freight for an additional charge to expedite time frames. Air shipping generally takes 10 – 14 days to arrive at the designated receiver.

DeMuro Das does not guarantee the arrival time of any shipment.  The timelines above are provided only as a guideline and should be treated as such. DeMuro Das may, from time to time, change delivery schedules without cost, penalty, or liability to customer.  DeMuro Das will endeavor to give customer reasonable notice of any delay in delivery, but it shall not be liable for any costs, expenses, damages or loss customer may claim for any delay of any order under any invoice.

SHIPPING QUOTES & RESPONSIBILITY

As a service to our customers, DeMuro Das will quote and arrange the shipping of orders via one of our preferred carriers. All charges are PROFORMA and will be included on the final balance due notice.

If the customer chooses to manage their own freight and delivery, DeMuro Das must be informed of details such as the desired date of pickup. The fee to pick-up will be added to the balance due.

Title of all goods, along with all risk of loss or damage, passes to the customer upon tender of shipment to the carrier.  All claims as to breakage, damage, or shortage must be made and adjusted with the carrier. Regardless of any damage claims, adjustment or final adjudication of claims, our invoices are due in full as presented.

FORMS OF PAYMENT

DeMuro Das accepts checks and ACH or wire transfer as payment.

COM

North American clients ordering items with COM must fill out our COM Form and send it via mail to the NYC showroom at 68 35th Street, Building 4, Unit C552 Brooklyn, NY 11201.   Please refer to the form for details re: our COM process.

Please note that while showroom staff will make every effort to ensure that the fabric sent matches the fabric specified by the client, we will not open packaging to examine fabric physically and therefore take no responsibility for errors the fabric company may have made in fulfilling their order for the client.

Non-North American clients should work with the sales staff at our New Delhi location to coordinate deliveries.

RETURN POLICY

All DeMuro Das pieces are made-to-order and therefore cannot be returned.  

Sales of floor samples are considered final sale and are also not returnable.

CHANGES AND CANCELLATION

Changes in orders are subject to approval by DeMuro Das and will not be approved once production has begun. Changes once an order has been submitted may affect the price and cause production/shipping delays. Cancellations accepted after production begins shall be subject to a forfeiture of the 50% deposit.

DeMuro Das reserves the right to cancel all or part of the undelivered portion of the invoice without liability if customer fails to make the payment(s) required by these Terms of Sale, or if customer breaches any of these Terms of Sale.

FINISHES

Wood and stone are natural products, and no two specimens are exactly alike.  Variations in color, inclusions, markings and graining are intrinsic to these materials and are to be expected.  Metals are cast and finished by hand and are also subject to variations in patina and finish.  Finish samples are only presented as representative of color or graining and are not presented as exact matches.  In addition, photographs of finishes are subject to the limitations of photography and may vary from physical samples.    

ACCURACY OF PRODUCT INFORMATION AND AVAILABILITY

While we attempt to be as accurate as possible when describing our products, fabrics, materials, and finishes, be advised that those descriptions and content are for informational use only.  To the extent permitted by applicable law, we do not represent or warrant that the product descriptions and photos, colors, size, information or other content available on this website or shown to potential customers are accurate, complete, reliable, current, or error-free.  For example, colors shown in a photograph displayed on your particular monitor may not accurately represent the exact color or look of the material, finish, or product.

The availability of the products and services described on this website or shown to potential customers may vary based on location and timing. We reserve the right to cancel or modify orders that would cause violations of local laws and regulations if purchased or processed in, or shipped to, a particular location.

WARRANTY

This warranty applies only to the original purchaser of the product.  DeMuro Das warrants that the purchased product will be free from defects in materials and workmanship under normal use and conditions for a period of one year from the date of delivery.  Any modification of the product or materials or use of third-party parts with the product voids this warranty.  Except for any warranty in this section, any other condition, warranty, or representation, whether express or implied,including but not limited to any implied warranty of merchantability or fitness for a particular purpose, is hereby expressly disclaimed.

This warranty does not cover variations in color, inclusions, markings and graining of the wood, stone, metal, or other materials used to manufacture the product, changes / patina to the surface of unsealed stone or metals, damage caused by improper care or cleaning solutions, damage or naturally occurring changes caused by exposure to weather or environmental conditions, damage caused by improper assembly or installation, or damage caused by use or wear and tear including but not limited to scratches, dents, or stains.

Please contact us promptly to notify us of any such defects and provide adequate information to support that claim.  We may have the product independently tested and inspected. DeMuro Das reserves the right to determine the appropriate remedy at its discretion.

CALIFORNIA RESIDENTS: PROPOSITION 65 WARNING

Please read here for details about our Proposition 65 warning.

INTELLECTUAL PROPERTY

DeMuro Das is the owner of all worldwide rights, title, and interest in and to any and all ideas, processes, documents, drafts, notes, concepts, compositions, designs, illustrations, drawings, photographs, videos, trademarks, trade dress, copyrights, inventions, discoveries, works of authorship, domain names, formulas, plans, techniques, know how, data, improvements, developments or derivative works thereof, arising from, connected to, or embodying DeMuro Das, its brand, or its products, including all custom-designed products, whether or not reduced to use, publication, or practice and including all applications, registrations or recordations of patents, copyrights, or trademarks arising therefrom in any format or media.  DeMuro Das remains the sole and exclusive owner of all such intellectual property, and any sale or resale of any products does not waive any rights of DeMuro Das.

LIMITATION OF LIABILITY

DeMuro Das shall not be liable for indirect, special, incidental, consequential, punitive, or exemplary damages, including lost profits or revenue, arising out of or in connection with the materials, products,or services provided by DeMuro Das, or any acts or omissions associated therewith or relating to the use of any products, whether such claim is based on breach of warranty, contract, tort or other legal theory and regardless ofthe causes of such loss or damages. DeMuro Das’ entire liability concerning the materials, products, or services provided by DeMuro Das shall not exceed the total amount actually paid by the purchaser for products delivered under the invoice.

WAIVER

The failure of either DeMuro Das or customer at any time to require performance by the other party of any provision in these Terms of Sale shall in no way affect the full right to require such performance at any time thereafter, and neither shall the waiver by either party of a breach of any provision in these Terms of Sale constitute a waiver of any succeeding breach of the same or any other such provision nor constitute a waiver of the provision itself.  Remedies herein reserved shall be cumulative and additional to any other remedies provided bylaw.

COMPLETE AGREEMENT

These Terms of Sale, including the invoice, are the complete and final agreement between DeMuro Das and customer as to the purchase and sale of the products identified on the invoice, and no agreement or other understanding in any way purporting to modify these Terms of Sale shall be binding on DeMuro Das unless subsequent to the date of this invoice, made in writing, and signed by DeMuro Das.  No waiver, alteration, or modification of the invoice or these Terms of Sale shall be binding on DeMuro Das, and is expressly rejected by DeMuro Das unless made in writing and agreed to in writing by DeMuro Das on a date subsequent to the date of the invoice.  Customer hereby agrees to be responsible for and to comply with all applicable laws, regulations, and orders in connection with purchase of products identified on the invoice.  Acceptance of the invoice and these Terms of Sale shall constitute a warranty by customer of full compliance with all laws.

SEVERABILITY

In the event that any provision of these Terms of Sale is deemed invalid, illegal, or unenforceable, the remaining provisions hereof shall not be affected, and these Terms of Sale shall continue in full force and effect.

GOVERNING LAW

These Terms of Sale, including the invoice, and all disputes arising therefrom, shall be governed, construed, and enforced in accordance with the laws of the state of New York.