Be Seating’s Terms and Conditions and warranty will apply to all orders and will supersede any other terms and conditions whether implied, written in the Buyer’s order or order confirmation and any other communications. This express warranty is the sole warranty provided by Be Seating and all implied warranties including those of merchantability and fitness for a particular purpose are hereby excluded. You may review the complete Terms and Conditions on our website at www.beseating.com. We reserve the right to change the Terms and Conditions at any time without notice. It is important to note that Be Seating warranties may be void if the Buyer fails to fulfill their responsibilities under the terms and conditions, or if the Buyer fails to properly care for the product or to provide written notification of the product care and maintenance requirements to the users of the product.
The term ‘End User’ is used to describe the buyer’s management, employees, and sub-contractors of the location where the general public uses the products. The term “End User” is if you purchased the products from a purchasing agent, dealer, designer, sales agent, distributor, or wholesaler, whom you engaged to manage this purchase on your behalf, then your warranty terms must be confirmed by that dealer and your contract of sale is with the dealer, not with Be Seating. Be Seating has no information regarding the warranty offered by the buyer, purchasing agent, dealer, designer, sales agent, distributor, or wholesaler, whom you engaged to manage this purchase on your behalf. Be Seating will discuss warranty issues with the Buyer of the product and can only negotiate the resolution of any disputes arising from a purchase with the Buyer. Warranty is limited to original Buyer and at the specific delivery location of the order written on the invoice and is not transferrable to a subsequent purchaser of the product from our customer. Be Seating reserves the right that any legal proceedings directly or indirectly arising out of or relating to Be Seating(including but not limited to the purchases of www.beseating.com) shall be in the state or federal courts located in the state of New Jersey. You waive any claim of inconvenient forum. You waive any and all rights you may have to a jury trial.
Be Seating warrants each product for a period of time (see below for warranty specifications) from receipt of merchandise to be free from defects in material and workmanship of product frames. This warranty specifically refers to breakage during normal use. Normal use is defined as normal use for what the item is designed. Normal use does not include standing on or climbing over the chair. This limited warranty does not cover and specifically excludes any claimed defects and/or need for repairs resulting from regular wear and tear, misuse, abuse, neglect, improper installation, lack of maintenance, accidents, intentional damage, transit damage, foreseeable and unforeseeable misuses, material alterations made by a Third-Party or reupholstering by a third party, damage from floods, earthquakes, or other natural acts of God. Products are designed and manufactured for indoor use only. Be Seating is not responsible for damage from improper environmental conditions at the customer’s site. Products should not be used outdoors unless specified for outdoor use. Cast Iron table bases are for indoor use only. Rusting of cast iron is not covered by the warranty. When products are not in use, they should be properly stored in an indoor climate-controlled environment, and in the proper stacking requirements. All products need to be transported with the appropriate hand trucks and dollies, observing proper stacking requirements. Failure to comply with these requirements will void this warranty. Glides, casters, ganging devices and chair bumpers are excluded from the coverage of the warranty. Laminate coverings or products are excluded from the warranty and are sold AS-IS.
Products are designed and manufactured for commercial use. Slight imperfections are to be expected and will not be considered defective. Placing an order or order confirmation constitutes your waiver of any claim you may have due to dissatisfaction with product finish, fabric/vinyl, glides, ganging device, any upgrades, dimensions, or special requests made. Please contact us if you would like to receive samples before placing your order.
Warranty requires the End User to document any structural weakness, loose bolts, screws, fasteners, glides, corner blocks, separation of the joints and welds and when such defects first appeared. Inspections should be performed more frequently when products are more than 1 year old (regardless of whether a longer warranty has been provided), or any time signs of stress are detected. Products with bent or cracked frames should not be used and be removed from service. Attempts to re-bend or repair products may further weaken them. Products should be wiped down, and polished on a monthly basis.
Any product that is suspected of being defective, unsafe, or in a condition that might cause personal injury, must be immediately removed from service. End User should increase the frequency of periodic inspections if the suspected defective and/or unsafe condition is suspected of the remaining products.
Be Seating shall repair, replace, or issue a refund for any product suspected of being defective. Buyer must notify Be Seating in writing within 5 days of discovering the suspected defects. Only the actual item found defective will be repaired, replaced, or refunded. Be Seatingreserves the right to examine and determine the cause of a claimed defect and/or need for repair. Repairs, and replacements do not extend any product warranty for a product for which the claim is made, and the warranty period will continue to run from the date of the initial order.
Be Seating’s liability under this warranty shall be limited to the cost for materials and/or labor to repair or replace proven defective products. Warranty repairs or replacements will be made without charge for materials and/or labor when the defective parts are returned to Be Seatingat the customer’s expense. Once Be Seating has completed the inspection, and determined that the product returned is defective, and has occurred within the warranty period Be Seating shall repair, replace, or issue a refund for the defective product. If the product or components of the product have been discontinued and cannot be replaced, Be Seating may choose to repair or issue a refund for the product. Additionally, if the product cannot be repaired, and has been discontinued Be Seating will refund the product based on the warranty specifications. Due to the nature of the product when we repair or replace the product, we will attempt to match the frame color or fabric/vinyl, however, there are variations in color, grain and texture that we have no control of. Be Seating cannot guarantee an exact match. Finishes are commercially accepted with slight variations based on dye lots. We reserve the right to make slight variations to finishes, and products without prior notification.
A repeat order placed at a later date for the same item with the same specifications may not match earlier products precisely. This is due to the nature of the product we will attempt to match the frame color or fabric/vinyl, however, there are variations in color, grain, and texture that we have no control of. Be Seating cannot guarantee an exact match. Finishes are commercially accepted with slight variations based on dye lots. We reserve the right to make slight variations to finishes, and products without prior notification. This will not be considered defective.
Be Seating’s maximum liability shall be limited to the original invoice price per unit to the Buyer, and shall not recover any other costs including but not limited to lost revenue due to lack of use, rental of similar products, purchasing new products, freight, costs purchased by Buyer e.g. COM, employee wages, handling, packaging, storage, demurrage, removal or installation of new products or any claim from any individual, customers, Buyer or End User.
Depending on style of chair, recommended maximum weight capacity is 250 lbs.
Buyer must notify Be Seating in writing within 5 days of discovering the suspected defects to email@example.com. Failure to comply with the Terms and Conditions will void warranty and all claims will be denied.
Buyer will submit the following with the claim:
Be Seating may deny any claim where the Buyer does not provide relevant, and complete information in a timely manner upon request.
Warranty commences with the shipping date of the covered product.
Length of Be Seating Limited warranties are:
1 Year- booth seating, folding tables, wood chairs, task chairs, tabletopsand cast-iron table bases. (Rusting of cast iron is not covered by the warranty.)
5 Years- Metal chairs
10 Years- Steel, and aluminum frame banquet stack chairs and Healthcare Armchairs.
Maximum liability shall be limited to the original invoice price per unit and shall not include charges other than actual defect. In the event that the chairs cannot be repaired, the maximum value of a warranty claim shall be limited to the remaining useful life of the product, calculated as follows; 0-1 yrs. 100%; 1-2 yrs. 50%; 2-3 yrs. 0%;;
Be Seating does not offer warranties on upholstery fabrics, and filling materials, they are subject to warranty offered by the respective upholstery mills only. Cuts or tears detected after signing the bill of lading are not covered. Customer’s Own Material (COM) is excluded from this warranty.
TERMS AND CONDITIONS OF SALE
Orders placed in production are not subject to cancellation or changes. Approved returns will be assessed with a minimum of 30% restocking fee plus shipping fees.
Availability of merchandise is estimated according to the information available at the time the order is written. Be Seating shall not be responsible for delays in delivery of merchandise occasioned by manufacturer’s scheduling, availability of materials, transportation difficulty or any other cause beyond the control of Be Seating. Be Seatingshall not be liable for any damage, loss, fault, or expense arising out of delays in shipment. Deliveries are sidewalk only, and shipping is not included. If you require a lift gate please let us know when placing your order. Orders will begin production after deposit is received and has cleared the bank. Additionally, orders will be delivered upon final payment is received, and has cleared the bank. All of our product information can be found on our website. This information is approximate. We reserve the right to make minor changes to specifications, material and design during the production phase and discontinue items without prior notice.
When a carrier takes possession of the shipment, we are no longer responsible for the condition of the products at the time of delivery. It is the customer’s responsibility to inspect the shipment prior to acceptance. Please note: our products are designed and manufactured for commercial use. Slight imperfections are to be expected and will not be considered defective. Be Seating is not responsible for damages after delivery or pickup. Such inspection should look for paint scratches, dents, and chips. Upon acceptance of the goods, Be Seating is no longer responsible for such damage.
LIMITATION OF LIABILITY
In no event shall Be Seating (its officers, directors or employees) be liable for any direct, indirect, incidental, special, exemplary, punitive and consequential or other damages whatsoever (including but not limited to liability for loss of profits, reputation or goodwill) without regard to the form of any action, including but not limited to contract, negligence or other tort actions arising out of or in connection with any claim arising out of this transaction or the use of www.beseating.com other than as set forth in the limited warranty.
PRICING AND TERMS
Prices are per unit unless specified differently. Additional fees apply for custom and non-standard options, features, fabrics, and finishes. All sales are made F.O.B. origin. All prices shown do not include shipping, installation, or sales and US taxes or tariffs. For shipments out of the US all prices shown also do not include customs fees, duties, VAT or other fees or taxes associated with the import of products into the destination country. All prices are subject to change without prior notice and at the sole discretion of Be Seating. Prices should be confirmed with your rep or our sales department before placing an order. Be Seating requires a 50% deposit on all orders unless otherwise agreed upon. Orders will not be placed in production until deposit is received. Customer deposits are nonrefundable. The remainder of balance must be received 7 days prior to delivery or shipment is sent to carrier. A charge of 1.5% monthly or 18% annually will be made on any unpaid balance if payment is not made according to the terms of sale. In the event that a collection agency, attorney, or court must be used to effect collection, the customer agrees to pay all collection agency fees, attorney fees and court costs.
Any manufactured order placed on hold by customers request or due to balances owed- held by Be Seating, will begin to accrue storage fees after seven days. Fees are as follows; 1.5% of the price of products stored for the first month, and 1% per month thereafter. There is a $350.00 minimum for the first month and $150.00 per month thereafter.
Orders with a combined net under $1,000 will be subject to a $125 handling fee.
Be Seating requires a state Resale/Exemption certificate on file in our offices. Sales made without a Resale/Exemption certificate will be charged the appropriate sales tax as required by law.
CANCELLATIONS & RETURNS
All sales are final, no refunds. Purchase orders will be accepted on case-by-case basis. Be Seating reserves the right to decline orders based on our sole judgment. All exchanges and cancellations are subject to seller approval. Special orders are not subject to cancellation. Orders placed in production are not subject to cancellation or changes. Cancellations and changes may not be made without written consent from Be Seating. Any changes made to original orders in process may be subject to additional charges and delays. Seller approved returns will be assessed with a minimum of 30% restocking fee plus shipping fees. Buyer will forfeit all shipping fees paid and pay for return shipping costs. All items must be returned in original manufacturer’s boxes and packaging. They will be inspected at time of arrival to Be Seating. In case of damage to the returned product, you will be charged the items full price as it appears on the original order. Customer must notify Be Seating immediately of any discrepancy between purchase order and acknowledgement; otherwise, Be Seating can accept no responsibility for manufacturing errors.
Availability of merchandise is estimated according to the information available at the time the order is written. Be Seating shall not be responsible for delays in delivery of merchandise occasioned by manufacturer’s scheduling, availability of materials, transportation difficulty or any other cause beyond the control of Be Seating. Be Seatingshall not be liable for any damage, loss, fault, or expense arising out of delays in shipment. Deliveries are sidewalk only, and shipping is not included in pricing. If you require a lift gate please let us know when placing your order. Orders will begin production after deposit is received and has cleared the bank. Additionally, orders will be delivered upon final payment is received, and has cleared the bank.
All merchandise is F.O.B. origin. We will obtain the best rates for you. All deliveries are curbside deliveries only. Inside delivery service is available in some cases. Please remember to ask for it when placing an order, since this service has to be scheduled with the freight line. Extra charge WILL apply for inside delivery. Customer is responsible to unload freight from truck within 30 minutes of truck arrival in order not to incur additional fees to be paid by customer. All tables and bases are shipped unassembled.
When a carrier takes possession of a shipment they sign and acknowledge receiving product in good order. Once they take possession, we are no longer responsible for the condition of the products at time of delivery. All common carrier deliveries require a signature. It is the customers’ responsibility to inspect the shipment prior to acceptance. If there is visible damage i.e., forklift punctures, shrink-wrap is broken, torn and cases are missing, then the customer must note the damage on the bill of lading. If you have no time to inspect the boxes upon delivery, please note the following on the bill of lading: “Boxes are subject to inspection at time of delivery. Customer will notify carrier of pending damage within 24 hours.” This gives you time to look over the product yet allows the carrier to know that possible damage may have occurred before you took possession of it. It is the customers’ responsibility to immediately file a damage claim with the carrier. Claims will not be honored if filed after 24 hrs. of receipt. Be Seating is not responsible for damages after delivery or pickup. If a shipment is received undamaged but is not what you ordered, call Be Seating within 24 hrs. of receipt. We reserve the right to bill you for shipping charges on refused shipments. We reserve the right to bill you for shipping charges for incorrect delivery address.
Samples are available upon request. Samples will only be supplied when customer places a firm or large order. Samples must be paid in full plus delivery charges and cannot be credited or refunded.
AVAILIBILITY & DELAYS
Be Seating does not guarantee availability of items shown in our catalog, website, or pricelist. Certain items may be discontinued at manufacturers discretion without notice. From time to time Be Seating may make slight adjustments to existing product designs, resulting in product varying slightly from photos shown. Availability of merchandise is estimated according to information available on hand at the time the order is written. No delivery dates for orders are guaranteed. Seller shall not be responsible for delays in delivery of merchandise occasioned by manufacturer’s scheduling, stock on hand, availability of materials, transportation difficulty or any other cause beyond the control of the seller. Seller shall not be liable for any damage, loss, fault, or expense arising out of delays in shipment.
Be Seating reserves the right to make minor changes to specifications, material, and design during the production phase.
Stain colors and textures may not be properly visualized due to photographic, internet and computer inaccuracies. When placing your order you are accepting the limitations inherent in not directly viewing samples. Please note, the stain color used, reflects a typical color tone but may vary slightly, due to inherent variation of color, grain, and texture. Some variation of color tone is unavoidable, and an exact match is not guaranteed. Due to the handcrafted nature of our product, all dimensions and weights shown are approximate. Variations in the tailoring, padding and fabric thickness can affect the dimensions of each product. We assume no responsibility for overall width and height unless items are special ordered to fit an exact space. Please note our products are designed and manufactured for commercial use, slight imperfections in the finish are to be expected, and will not be considered defective. Your acceptance of an order constitutes your waiver of any claim you may have, due to dissatisfaction with product color, stain, texture, finish, or dimensions. Please contact us if you would like to receive samples of wood or fabric before placing your order. Samples may vary from the items actually ordered.
All products must be inspected monthly for any signs of structural weakness. Inspections should be documented and include but not be limited to lose bolts, screws, fasteners, corner blocks, separation of the joints and welds. Inspections should be performed more frequently when products are more than 1 year old, or anytime signs of stress are detected. If this occurs the product should be removed from service immediately until proper maintenance can be performed. Chairs or barstools with bent frames should not be used. Attempts to re-bend metal frames or repair products may further weaken them. Chairs and Barstools should be wiped down and polished on a monthly basis.
Send in a photo of your personalized design or the quoted price from any of our competitors and we promise to get back with a better price.