Legal Information

Summary:

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PAYMENT SCHEDULE (refer to 5.0 Deposit and Final Payment)
50% deposit to confirm the order (non-refundable).
50% due upon project completion, prior to delivery/pickup of the Furniture unless otherwise arranged.
Any adjustments to these payment terms must be agreed on prior to order acceptance.

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DELIVERY + PICKUP (refer to 8.0 Supply of Furniture)
Unless specified, all Atlantic Fine Woods Invoices exclude delivery. Atlantic Fine Woods can arrange delivery for an additional cost depending on item size, weight, and delivery distance. Alternatively, you can arrange pickup of your item from the Atlantic Fine Woods premises at no additional charge; 1200 Foster Street NW Suite 210, Atlanta, GA 30318.

Please note by picking up from us you are taking full responsibility for the product and must have appropriate ropes (ratchet straps recommended), tarps, blankets, and vehicle/s. It is not our responsibility to provide these.

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LEAD TIME
Atlantic Fine Woods sales orders generally have a lead time of 10-12 weeks from the date of receiving the deposit, unless otherwise specified. Whilst this might seem like a long time please remember that you are getting a one-of-a-kind, handmade product. Upon order confirmation Atlantic Fine Woods will be able to give you an estimated completion date.

 

Atlantic Fine Woods LLC Terms & Conditions of Sale

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The below Terms and Conditions of sale refers to Atlantic Fine Woods LLC.  Of 1200 Foster Street NW Suite 210, Atlanta, GA 30318 and the individual, company or corporation or agency who wishes to purchase a custom piece of furniture (‘Furniture’) from Atlantic Fine Woods as named in the Purchase Invoice (‘Buyer’).

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1.0 Consultation

Atlantic Fine Woods will consult with the Buyer to obtain details about the Furniture to be designed and produced by Atlantic Fine Woods to the Buyer’s specifications.

Once Atlantic Fine Woods has the necessary information from the Buyer (eg. image ideas, dimensions and any other information relevant to the Buyer’s request), the Buyer will be given a price guide and Atlantic Fine Woods will consult with the Buyer to prepare any necessary drawings in respect to the Furniture upon receiving the 50% Deposit.

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Unless otherwise specified, all products are for indoor use only.

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The Buyer acknowledges and agrees that timber can vary in color, and the color of the Furniture you are purchasing may not match samples shown to the Buyer at the time of consultation.

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Small cracks and fissures may develop with changes in humidity and temperature. This is a natural, uncontrollable characteristic of solid wood furniture.

The Buyer further acknowledges and agrees that it is their responsibility to maintain the Furniture (eg. cleaning and conditioning) to avoid discoloration and minimize wear and tear.

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2.0 Purchase Invoice

Following on from the consultation, Atlantic Fine Woods will prepare a formal invoice, including price, details of the Furniture, lead times together with other key terms (Purchase Invoice).

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A Purchase Invoice is valid for a period of 30 days from the date of issue.

For the avoidance of doubt, Purchase Invoice includes any variations agreed and accepted by Atlantic Fine Woods in accordance with these terms and conditions.

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3.0 Agreement

Any payment (Partial and/or Full)  towards the Purchase Invoice will be deemed as an acceptance of these terms and conditions and form a contract between Atlantic Fine Woods and the Buyer (‘Agreement’).

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Atlantic Fine Woods rejects any other terms proposed by the Buyer not agreed to by Atlantic Fine Woods and expressly incorporated in these terms and conditions.

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4.0 Variations

Additional Furniture provided to the Buyer or changes to the design of the Furniture, the subject of the Purchase Invoice, which is not outlined in the Purchase Invoice will be deemed a variation of the Agreement and is subject to the written consent of Atlantic Fine Woods, which may be withheld in its absolute discretion.

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For the avoidance of doubt, Atlantic Fine Woods is not required to accommodate any requests for changes to the design of the Furniture the subject of the Purchase Invoice once manufacture of the Furniture has commenced. Should the Buyer decide not to proceed with the purchase of Furniture for this reason, cancellation fees will apply as set out herein.

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The Buyer acknowledges and agrees that any changes to the design of the Furniture the subject of the Purchase Invoice requested by the Buyer may result in an increase to the price and/or lead time in respect of the Furniture.

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Where Atlantic Fine Woods agrees to any variations, a revised Purchase Invoice will be sent to the Buyer for the additional Furniture and all variation prices must be agreed to by the Buyer prior to the Furniture being delivered.

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5.0 Deposit and Final Payment

A 50% non-refundable deposit is payable by the Buyer as acceptance of the Purchase Invoice and as an acceptance of these Terms and Conditions.

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Full payment by either cash or credit card is required prior to delivery of the Furniture.

The Buyer will pay the remaining 50% of the Purchase Invoice upon completion of the Furniture, prior to delivery/pick-up. Atlantic Fine Woods will provide the Buyer with 5 days notice of delivery of the Furniture, unless stated otherwise in Purchase Invoice.

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6.0 Cancellation of Order

Atlantic Fine Woods does not refund or exchange if you change your mind. In the event that the Buyer does not wish to proceed with the purchase of the Furniture prior to the commencement of manufacture, the Buyer will forfeit the non-refundable deposit.

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If the Buyer cancels the Purchase Invoice after the commencement of the manufacture of the Furniture, the Buyer agrees to pay a cancellation fee up to the 75% Purchase Invoice at Atlantic Fine Woods’s discretion. The Buyer acknowledges and agrees that this figure is a genuine pre-estimate of the loss likely to be suffered by Atlantic Fine Woods in the event the Buyer cancels the Purchase Invoice after the commencement of the manufacture of the Furniture.

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7.0 Warranties

Atlantic Fine Woods warrants that the Furniture will be free from defects, in good working order and fit for the purpose for which that type of furniture is commonly supplied.

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Atlantic Fine Woods takes no responsibility and does not give any warranty with respect to the suitability of the Furniture for a Buyer’s individual purposes.

It is the Buyer’s responsibility to inspect the Furniture upon delivery/pick-up to ensure that the Furniture is free from defects and in good working order. Acceptance of delivery/pick-up of the Furniture will be taken as confirmation that the furniture is in acceptable condition. Any issues or concerns with the Furniture must be expressed prior to accepting the Furniture. 

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For the avoidance of doubt, and given the nature of using natural/organic timber in furniture applications, variations to color and grades of timber used will only be considered defects if they fundamentally affect the structural integrity of the Furniture. Variation in grain, color, and texture are inherent in many species of wood and are not considered defects.  Several species of wood have irregularities in growth that produce dark patches, mineral streaks, small worm holes, or tight knots which are all considered enhancements to the character of the wood and overall product.  Solid wood can be expected to shrink and swell seasonally, this flux of movement can produce surface checking, or hairline cracks which are not considered flaws.

Please ask any questions you may have in order to ensure proper care and longevity of your piece.

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No piece may be returned without Seller’s written consent.

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8.0 Supply of Furniture

A Buyer may elect to collect the Furniture or have the Furniture delivered by Atlantic Fine Woods (or its authorized agents). Details of the supply of Furniture (including any additional charges for delivery facilitated by Atlantic Fine Woods) are set out in the Purchase Invoice.

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A storage fee of $100 per month will be applied if the customer cannot take delivery when furniture is ready for delivery.

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Atlantic Fine Woods will not issue a refund in the event furniture cannot be delivered through available doors/elevators.

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A delivery docket will be provided to the Buyer upon collection or delivery of the Furniture by or to the Buyer. The Buyer must sign the delivery docket prior to any Furniture being released by Atlantic Fine Woods into the custody of the Buyer (or its authorized nominee).

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If the Buyer as named in the Purchase Invoice is not present at the time of the delivery, it is the Buyer’s responsibility to authorize a nominee to sign for the Furniture.

Atlantic Fine Woods will endeavor to effect delivery of the Furniture at the times indicated by the Buyer but will not be liable for any delay in delivery or for a failure to deliver under any circumstances. Atlantic Fine Woods reserves the right at any times to refuse any carrier of the Buyer.

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Where the Buyer elects to collect the Furniture from Atlantic Fine Woods’s premises, Atlantic Fine Woods will confirm the date and time for collection with the Buyer.

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9.0 Title

Title and risk in the products, such as loss and damage, pass to the Buyer on delivery or collection of the Furniture, as the case may be.

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10.0 Indemnity and Limitation of Liability

Atlantic Fine Woods shall not be liable to refund a Buyer should they cancel the Purchase Invoice for reasons of variations in the color or grain of timber used in the Furniture manufactured for a Buyer from those samples shown at the time of consultation with the Buyer.

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All guarantees, terms, conditions, warranties, undertakings or representations expressed or implied in any way relating to this Agreement are excluded to the maximum extent permitted by law. Notwithstanding this, nothing in this Agreement restricts or modifies any right or remedy including any guarantee imposed or implied under the FTC Consumer Law (if applicable) which contains guarantees to protect consumers of certain goods and services.

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To the extent that Atlantic Fine Woods is able to determine the same, our liability for breach is limited to (at our sole discretion) the repair or replacement of the Furniture or a refund of the price paid by the Buyer for the Furniture.

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Save for any liability that Atlantic Fine Woods may not exclude, to the maximum extent permitted by law, our liability for all claims arising under this Agreement, whether in contract, tort (including without limitation negligence), equity, under statute, under an indemnity, or on any other basis, is limited to an amount equal to the Purchase Invoice paid by the Buyer.

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Subject to the provision of this Clause, Atlantic Fine Woods is not liable for any consequential, indirect of special loss or damage, loss of profits, loss of business, business interruption, cost or amount that the Buyer is liable for arising out of any loss suffered by third parties under or relating to this Agreement, whether in contract, tort (including without limitation negligence), in equity, under statute, under an indemnity, or on any other basis, whether or not such loss or damage was foreseeable and even if advised of the possibility of the loss or damage.

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The Buyer must indemnify Atlantic Fine Woods against all liability, claims, damage, loss, cost and expended (including, without limitation, legal fees, costs and disbursements, on a full indemnity basis) whether incurred against or by Atlantic Fine Woods in respect of: personal injury; damage to tangible property; or a claim by a third party, in respect of the use of the Furniture.

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To the extent that Atlantic Fine Woods’s loss is caused by its negligence, the Buyer’s liability is diminished.

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11.0 Force Majeure

Atlantic Fine Woods will not be liable for delay or failure to perform its Services caused directly or indirectly by circumstances beyond its control, including but not limited to, natural disasters, fire, flood, war, sabotage, accident, labor dispute, shortage, government action or inaction, changed conditions, delays resulting from actions or inactions of Client or third parties, Site inaccessibility or inability of others to obtain material, labor, equipment, or transportation.  Should any of the preceding circumstances occur, then the milestone date(s) shall be adjusted for the delay.

 

12.0 General

A provision or right created under this Agreement will not be waived by Atlantic Fine Woods or varied except in writing signed by an authorized representative of Atlantic Fine Woods.

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A waiver by Atlantic Fine Woods of a provision will not waive any other provision of this Agreement or constitute a continuing waiver unless expressly provided.

If a provision or right or remedy of a party under this Agreement is void or unenforceable for any reason, then that part will be read down or severed from this agreement without affecting the validity or enforcement of the remaining provisions.

The Buyer is not entitled to set off against or deduct from the price any sums owed or claimed to be owed to you by Atlantic Fine Woods.

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The description, illustration and performance of any product contained in our catalog, marketing material, price list or advertising does not form part of this agreement unless expressly set out in this agreement.

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Atlantic Fine Woods may complete any blanks on any Purchase Invoice on the Buyer’s behalf.

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13.0 Intellectual Property

The Buyer acknowledges that at all times all intellectual property including, but not limited to, designs, techniques, methods of manufacture, photographs, specifications, artwork, text, patented inventions and registered designs remain the property of Atlantic Fine Woods.

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The Buyer must not knowingly allow any intellectual property belonging to Atlantic Fine Woods to be reverse engineered, or copied or breached in any other manner. Atlantic Fine Woods may be entitled to compensation for any loss of royalties, damages and/or costs arising from the breach of Atlantic Fine Woods’s intellectual
property rights.

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14.0 Privacy Policy

Atlantic Fine Woods may collect personal information in dealings with the Purchaser. If so, Atlantic Fine Woods will abide by Atlantic Fine Woods’s privacy policy, a Purchaser's information will only be collected for Atlantic Fine Woods’s internal records and will not be sold or given to Third Parties.​​​​