Terms and Conditions
Order Subject to Acceptance
All order/s are subject to acceptance by honeydudley, LLC. (“Company”).
Entire Agreement
Acceptance of order/s is based on the express condition that Customer agrees to all of the Terms and Conditions contained herein. By receipt of these Terms and Conditions by Customer, Customer hereby accepts and agrees to these Terms and Conditions. These Terms and Conditions represent the complete and exclusive agreement of the parties, and no Terms and Conditions in any way adding to, modifying or otherwise changing the provisions stated herein shall be binding upon Company unless made in writing and signed and approved by Company. These Terms and Conditions supersede any prior and/or contemporaneous agreements between Customer and Company. No modification of any of these Terms and Conditions will be affected by Company’s shipment of goods following receipt of Customer's purchase order, shipping request or similar forms containing printed terms and conditions conflicting or inconsistent with the terms herein.
Copyright
All designs produced by Company are the property of Company. Company reserves the right to photograph, recreate, and sell again, any design that originates as a custom order.
Indemnification
Customer agrees to defend, indemnify and hold Company harmless from and against any and all claims, damages, costs and expenses, including attorneys’ fees, arising from or related to Customer’s use of the Product and or Customer’s breach of these Terms and Conditions.
Warranty and Disclaimer
Please note that many wood and metal finishes are applied by hand and may vary in color, tone and character. While Company will make every effort to match a finish, no guarantee can be made of an exact match. Company does not guarantee finishes against fading and oxidizing. Variations in color and veining are inherent in wood and considered to be part of the natural beauty. Furniture is handmade, and therefore is subject to slight variations.
TO THE FULLEST EXTENT PROVIDED BY LAW, COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER THE APPLICABLE LAW.
Limitation of Remedies
Company shall not be liable for incidental or consequential losses, damages or expenses, directly or indirectly arising from the sale, handling or use of the goods, or from any other cause with respect to the goods or this agreement, whether such claim is based upon breach of contract, strict liability in tort, negligence or any other legal theory.
Remedies Upon Default -
If Customer fails to make payment in accordance with the terms of this agreement or otherwise fails to comply with any provision hereof, Company may, at its option, cancel any unshipped portion of this order, retain the goods and declare a forfeiture of the deposit as liquidated damages.
Exclusions
All of Company drawings, descriptive matter, weights, dimensions, descriptions and illustrations contained in the Company website, prices, lists or advertisements are close approximations only and intended to give a general description of the goods and shall not form part of this agreement. Furniture is handmade, and therefore is subject to slight variations. All sizes as indicated in the price list are within 1/2" variance. All custom pieces will be made to specifications within 1/2" variance unless otherwise noted within the agreed upon order acknowledgment.
Price and Payment Terms
Product and prices are subject to availability. All product prices are exclusive of other charges to include freight charges.
Company has a policy of continuous product development and improvement and reserves the right to amend Product design and manufacturing specifications. Full payment is due prior to shipping of Product.
Storage Fees
Additional storage fees of 3% per month will be charged to Customer orders within thirty (30) days from the date of invoice for final balance due.
Return Policy
All sales are final. Further, Customer contracts directly with shipper/carrier for delivery of Product from Company. Company will certify that all Product/s delivered to shipper/carrier are in sound condition. Any claims for damage or risk of loss shall be made by Customer to shipper/carrier. Company requires Customer to insure for the full cost of goods.
Title and Risk of Loss
Customer shall contract directly with shipper/carrier. Delivery of Product by Company to a shipper/carrier for delivery to Customer shall be deemed to constitute delivery to Customer and thereupon title to such Product/s, and risk of loss or damage, shall be Customers. Customer shall inspect Products/s upon receipt and any claim by Customer against shipper/carrier for damage or defect occurring prior to such delivery must be made in writing to shipper/carrier after receipt of shipment and be accompanied by original transportation bill noting that the shipper/carrier received the Product/s from Company in the condition claimed. Acceptance by the Customer of any Product/s shall constitute a waiver by Customer of any default or claim for damages on account of such Products.
Cancellation of Orders
All sales are final upon order.
Taxes
All taxes and excises of any nature whatsoever now or hereafter levied by governmental authority, whether federal, state or local, either directly or indirectly, upon the sale or transportation of any goods covered hereby shall be paid and borne by Customer.
Method of Shipment
Customer shall arrange for and pay for any shipping of Product/s.
Force Majeure/Events Beyond Control of Company
Company shall have no liability to Customer for any delay or failure to deliver Products/s Customer has ordered or for any damage or defect to Product/s delivered that is caused by any event and or circumstance beyond the reasonable control of Company to include, without limitation, flooding, fires, explosion, labor strikes, material shortages, any natural disaster or accident.
In the event of any delay in Company’s performance due, in whole or in part, to any cause beyond Company’s reasonable control, Company shall have additional time for performance as may be reasonably necessary under the circumstances.
Drawings, Plans, Designs and Specifications
All drawings, plans, designs and specifications created by Company shall remain the property of Company. Nothing in any drawings, descriptions, illustrations, lists, advertisements, catalogs or samples shall be deemed to create a representation or warranty or serve as the basis for any claim against Company. In addition, Product may be subject to slight variations (as natural wood and finishes vary based on irregularities of surface, finish, grain and texture), which Customer acknowledges and agrees to.
Severability
In the event that any one or more of these Terms or Conditions is held invalid, illegal or unenforceable, such provision or provisions shall be severed and the remaining terms and conditions shall remain binding and effective.
Waiver
Waiver by Company of any breach of these terms and conditions shall not be construed as a waiver of 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. Any such waiver must be in writing and signed by an officer of Company.
Governing Law
These Terms and Conditions shall be governed by the laws of the State of California including the Uniform Commercial Code as enacted in that jurisdiction, without giving effect to the principles of conflicts of laws thereof. The parties agree the United Nations Convention on Contracts for the International Sale of Goods does not apply to this agreement. Any legal suit, action, proceeding, or dispute of any kind arising out of or relating to this agreement shall be instituted exclusively in the state or federal courts sitting in the State of California, Marin County. The parties hereby expressly waive any objections to the exercise of jurisdiction over their person by such courts and agree venue is appropriate and convenient in such courts