General Terms of Sale
Last Updated: March 4, 2021
Curran Catalog LLC (“Curran”) offers amongst others a curated selection of the finest European and American-made furniture and floor coverings. Curran provides its carpet products and sales-related services subject to the following terms and conditions set forth in these General Terms of Sale (“General Terms of Sale”). By placing an order with Curran, the customer (the “Customer”) agrees to be bound by these General Terms of Sale.
General Terms of Sale
Unless otherwise agreed in writing by Curran, these General Terms of Sale are and will be the sole terms and conditions that govern any order submitted by the Customer and accepted by Curran (the “Order”). For Orders above USD/EURO 50,000 (excluding taxes, shipping costs, etc.) placed by trade customers additionally the Supplementary Terms of Sale shall apply which are incorporated herein by reference.
No term, provision, or condition stated in an Order, quote, or elsewhere will be binding upon Curran if such term, provision, or condition conflicts, is inconsistent with, or is in addition to these General Terms of Sale, unless expressly approved in writing by Curran.
Orders can be placed online, by phone, email or fax. Curran is not required to accept an Order submitted by the Customer and reserves the right to require a minimum order.
2. Order Acknowledgment
Upon Customer’s submission of an Order, acceptance of a quote, or other request for Curran to fulfill an Order, Curran will send Customer an order confirmation, or other order acknowledgment (“Order Acknowledgment”), which constitutes Curran’s initial acceptance of the Order.
i. Payment method
Curran accepts Visa, MasterCard, American Express, Discover, ACH, wire, Apple Pay, Diners Club, JCB and in certain cases written checks from U.S. Banks. For payments made in EURO, Curran accepts wire only.
ii. Payment due date
As a general rule, Orders (including purchase price and delivery, shipping and transportation charges) have to be paid in full when placed. At Curran’s discretion, exceptions may apply to this rule.
iii. Past due accounts
For customer accounts with terms, payment for the order will be due according to the terms listed on the invoice. The Customer accrues interest at the rate of 1.5% per month of any past due amounts. Orders will be placed on hold and shipments will not be made to accounts past due 30 days. Curran reserves the right to terminate any credit extended for accounts past due 45 days. The Customer further agrees to pay all legal and collection fees, and costs for any invoice referred to a collection agency or attorney.
4. Delivery address
It is the Customer’s responsibility to ensure that the delivery address information is correct.
If a change of Customer’s delivery address is required after Order placement, please contact Curran’s Customer Service and Curran will use reasonable efforts to direct the delivery to the correct delivery address. Any fees that occur due to such changes of delivery address are the responsibility of the Customer.
5. Manufacturing, shipping and delivery
i. Manufacturing process
Curran’s products are manufactured to Customer’s specifications. The manufacturing process begins upon full payment, or as agreed with Curran. The production period is highly variable depending on the brand and quantity. The average production period in the United States is 2 – 10 weeks. The specific timeframe is indicated on Curran’s website (www.curranfloor.com; the “Website”) under the shipping information of the respective item. This timeframe may be exceeded if an item is not in-stock in the United States. The Customer will be notified via email if the production period takes longer than indicated according to the above-mentioned average production period.
ii. Shipping of Swatches
Swatches ship via USPS (United States Postal Service), which generally takes 1-4 business days within the U.S. If you are aware that your shipping address is not serviced by USPS, please contact Customer Service, to arrange shipping via another carrier. Swatches are delivered to the mailbox of the delivery address indicated on Curran’s invoice.
iii. Standard curbside shipping
Unless otherwise agreed and documented in the Order Acknowledgment, all items are shipped via standard shipping, which generally takes 5-25 business days within the U.S. Oversized items will be shipped via freight carrier.
In some cases, standard shipping is offered for free. Standard shipping covers curbside delivery within continental U.S. The Customer is responsible for any fees due to refusal, redirection and/or returns.
Any enhanced delivery service must be arranged prior to shipping and additional charges are the responsibility of the Customer and may be billed to the Customer directly from the provider.
For deliveries to rural and remote areas (including Alaska, Hawaii, etc.) and to addresses determined to be undeliverable as well as for deliveries that require extra lift gate, additional shipping fees may apply.
iv. Expedited shipping
Expedited shipping is available for most products for an additional charge. Please find more details on shipping options available at Shipping & Delivery.
v. Enhanced delivery service
For large rugs and over-sized items, Curran recommends enhanced delivery service. Enhanced delivery service offers various level of service which may include the following services: over the threshold delivery, placement in the room of the Customer’s choice (including up or down one flight of stairs), unpacking, removal of packaging, assembly and placement of the items. A quote taking into account the delivery address, service level etc. will be provided upon request.
The handling of enhanced delivery service may vary from state to state.
vi. Preparing for delivery
It is the Customer’s responsibility to ensure that all delivered items will fit through any access points such as doorways, stairways, hallways, elevators and around corners into the desired location.
On scheduled deliveries, either the Customer or Customer’s representative, that is 18 years of age or older, must be present to receive the merchandise at the agreed upon day and time window. If no one is available to receive the delivery, a re-delivery fee may be applied to the Order and must be paid before redelivery is scheduled.
vii. Delivery delay
There may be delivery delays caused by factors that are not in Curran’s control, such as vendor shipping delays or force majeure.
Curran is not responsible for such delays but will do the best to keep the Customer informed of shipment status. In any event, such delivery delay does not entitle the Customer to cancel the Order or obtain a refund.
viii. Shipping damage
Shipping damage can include both carton damage and concealed damage. Curran will assist the Customer and use reasonable efforts to expedite any claims related to shipping damage.
Carton damage includes damages that are visible right away upon delivery – even when the product is still packed. To be eligible to make a claim based on a carton damage, please take the following steps:
If the Customer or Customer’s representative, that is 18 years of age or older, are present at delivery and notices a carton damage,
● refuse delivery of the item from the delivery person,
● have the delivery person confirm the damage by signing the Bill of Lading indicating the carton damage, and
● make a claim in writing (e.g. via email) within 48 hours of delivery to Curran’s Customer Service providing the product number (SKU-number), a description of the damage along with a picture of the Bill of Lading as well as picture of the carton damage and the damaged item. Claims that are submitted later may not be taken into consideration.
If the Customer notices the carton damage only after the delivery person has left,
● take a picture of the carton damage and the damaged item,
● make a note of the damaged item on the Bill of Lading and keep it, and
● make a claim in writing (e.g. via email) within 48 hours of delivery to Curran’s Customer Service providing the product number (SKU-number), a description of the damage along with the picture of the carton damage and the damaged item. Claims that are submitted later may not be taken into consideration, and
● keep the product until such claim is resolved.
Concealed damages are damages that are not visible when the item is still packed but can only be noticed once it is unpacked. To be eligible to make a claim based on a concealed damage, please take the following steps:
● take a picture of the damaged item,
● make a note of the damaged item on the Bill of Lading and keep it,
● make a claim in writing (e.g. via email) within 7 days of delivery to Curran’s Customer Service providing the product number (SKU-number), a description of the damage along with the picture of the damaged item. Claims that are submitted later may not be taken into consideration, and
● keep the product until such claim is resolved.
ix. International shipping
For international shipping and delivery, the INCO (2020) term DAP (delivered at place) apply, unless agreed otherwise in writing.
Using INCO term DAP means that
- Curran will deliver the goods uncleared to the delivery address;
- Curran will be responsible for the transport to the delivery address. Curran will charge any costs related to the transport to the Customer, i.e. Customer will bear the cost of freight;
- Customer will act as Importer of Record. Customer will be responsible for customs clearance in the country of import. Customer will bear the costs of customs clearing, including import duty, VAT and other taxes and duties that can become due upon import of the goods involved.
6. Risk of loss
Risk of loss or damage to items shall pass to the Customer upon their delivery of the product to the delivery address listed on Curran’s invoice.
7. Limited warranty
THIS LIMITED WARRANTY APPLIES TO CARPET PRODUCTS ONLY.
ii. Warranty period
MOST OF THE PRODUCTS SOLD BY CURRAN ARE NOT MANUFACTURED BY CURRAN. HOWEVER, CURRAN WARRANTS ITS CARPET PRODUCTS FOR 12 MONTHS AGAINST MANUFACTURING DEFECTS.
CARPET PRODUCTS BRANDED AS SYNSISAL ARE WARRENTED BY CURRAN FOR 24 MONTHS AGAINST MANUFACTURING DEFECTS.
THE LIMITED WARRANTY IS VALID FROM THE DATE OF DELIVERY. THE ORIGINAL PURCHASE RECEIPT AND BILL OF LADING ARE REQUIRED AS PROOF OF PURCHASE AND DELIVERY.
CURRAN’S LIMITED WARRANTY IS VALID ONLY FOR THE PERIOD OF TIME THE CARPET PRODUCT IS OWNED BY THE ORIGINAL PURCHASER OF THE PRODUCT. THE ORIGINAL PURCHASE, FOR THE PURPOSES OF THIS LIMITED WARRANTY, IS THE FIRST PURCHASE OF THE CARPET PRODUCT FROM CURRAN. THE LIMITED WARRANTY IS NOT TRANSFERABLE.
CERTAIN MANUFACTURERS CARRY A LONGER WARRANTY PERIOD. THEY VARY FROM 1 TO 15 YEARS AND ARE INDICATED UNDER THE SPECIFICATION TAB ON THE WEBSITE. IN CASES WHERE CURRAN’S LIMITED WARRANTY HAS EXPIRED BUT THE RESPECTIVE MANUFACTURER’S WARRANTY IS STILL VALID, CURRAN AGREES TO ASSIGN TO THE CUSTOMER ANY ASSIGNABLE MANUFACTURER’S WARRANTY. IN ADDITION, CURRAN WILL ASSIST THE CUSTOMER AND USE REASONABLE EFFORTS TO EXPEDITE MANUFACTURING-RELATED CLAIMS IN ACCORD WITH THE MANUFACTURER’S WARRANTY, PROVIDED CURRAN WILL NOT BE OBLIGATED TO PAY ANY OUT OF POCKET COSTS ASSOCIATED WITH SUCH ASSISTANCE.
iii. Conditions for the limited warranty
TO MAKE A CLAIM UNDER CURRAN’S LIMITED WARRANTY, THE CUSTOMER MUST REPORT IN WRITING THE MANUFACTURING DEFECT AND PROVIDE PICTURES OF SUCH DEFECT TO CURRAN’S CUSTOMER SERVICE WITHIN 48 HOURS OF DISCOVERY. CLAIMS THAT ARE SUBMITTED LATER MAY NOT BE TAKEN INTO CONSIDERATION.
CURRAN WILL EXAMINE THE MANUFACTURING DEFECT CLAIM AND DECIDE IF IT’S COVERED UNDER THIS LIMITED WARRANTY. IF COVERED, CURRAN WILL THEN, AT ITS DISCRETION, EITHER REPAIR THE DEFECTIVE CARPET PRODUCT OR REPLACE IT WITH THE SAME OR A COMPARABLE CARPET PRODUCT.
ALL TEXTILE FABRICS AND NATURAL FIBER MATERIALS HAVE SOME DEGREE OF VARIABILITY. IT IS NORMAL FOR CURRAN’S MATERIAL TO HAVE DYE, TEXTURAL OR STRUCTURAL VARIATIONS FROM SAMPLES AND FROM DYE LOT TO DYE LOT. SUCH VARIATIONS ARE NOT A BASIS FOR A MANUFACTURING DEFECT CLAIM.
CURRAN’S CARPET PRODUCTS ARE NOT WARRANTED AGAINST STAINING AND WEAR. CURRAN DOES NOT WARRANT FOR PROBLEMS RELATING TO FREIGHT MISHANDLING, IMPROPER INSTALLATION OR CLEANING. ALSO, THIS LIMITED WARRANTY DOES NOT COVER LABOR FOR REPLACEMENT. CURRAN’S LIMITED WARRANYT DOES NOT APPLY TO MISHAPS RESULTING FROM DAILY WEAR AND TEAR. IN PARTICULAR, IT DOES NOT COVER NATURAL CHANGES TO TEXTILE FABRICS, SUCH AS EXPANSION, SHRINKAGE OR CHANGES TO COLOR. FURTHER, CURRAN’S LIMITED WARRANTY DOES NOT APPLY TO CUTS OR SCRATCHES, PET DAMAGE OR ANY OTHER CONTRIBUTING FACTORS THAT WOULD ALTER OR DAMAGE THE CARPET.
CURRAN’S LIMITED WARRANTY DOES NOT COVER CONSEQUENTIAL OR INCIDENTAL DAMAGES. THE CUSTOMER ASSUMES ALL RISK WHATSOEVER AS THE RESULT OF THE USE OF PRODUCTS PURCHASED, WHETHER USED ALONE OR IN COMBINATION WITH OTHER PRODUCTS OR SUBSTANCES.
FURTHER, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PURPOSE ARE EXCLUDED FROM THESE GENERAL TERMS OF SALE.
SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO CERTAIN CUSTOMERS. SOME CUSTOMERS MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE AND JURISDICTION TO JURISDICTION. IT IS THE CUSTOMER’S RESPONSIBILITY TO KNOW AND UNDERSTAND THOSE RIGHTS.
8. Direction of pattern
Direction of pattern is indicated via pictures on the Website. The Customer determines the width and length of the carpet when he or she places the Order. The carpet will be produced as ordered by the Customer. After Order placement, changes to the direction of pattern may only be made based on the remedy for “Cancellation” (Paragraph 14) and new Order placement. In any case, please contact Curran’s Customer Service.
9. Product color and material representations
Curran attempts to describe its products as accurately as possible. However, Curran cannot guarantee that product representations appearing on the Website are completely accurate. Colors and textures, as they appear on Customer’s screen, may vary slightly from the actual materials.
For custom area rugs and to assist in receiving an Order that satisfies Customer’s needs, Curran recommends ordering samples from the Website or Customer Service before placing the Order.
10. Pricing and information disclaimer
Curran’s goal is to provide accuracy in all prices, delivery rates and other information. All prices online are in U.S. dollars and are subject to any applicable taxes according to state and local laws. Availability, prices and delivery rates are subject to change. There may be errors in the prices, descriptions or images of certain merchandise, and Curran reserves the right to restrict Orders of those items and correct any errors, inaccuracies or omissions.
Depending on the circumstances, such as the origin of Order, prices on the invoice may be indicated in EURO.
11. Taxes & Duties
i. U.S. Customer
To the extent that any sales, excise, or other tax, as well as any tariff, customs duty, or other duty, is levied upon the goods that constitute an Order, such amount(s) will be added to the purchase price and will be paid by the Customer.
The Customer may provide Curran with an exemption certificate or other proper documentation applicable to the relevant taxing or customs authorities, and Curran may accept such documentation in lieu of Customer’s payment of tax or duty. The Customer must remit documentation before the Order Acknowledgment is sent by Curran.
ii. International (Non-U.S.) Sales
For the purpose of these General Terms of Sale, Indirect Tax means Customs Duties, Value Added Tax (“VAT”) and other taxes in as far as applicable, such as excise duties and consumption tax levied based on local regulations.
Unless expressly stated otherwise, all amounts specified on the Website and purchase agreements, purchase confirmations etc., are exclusive of Indirect Tax.
In general, Curran and Customers will agree on using Incoterm DAP, i.e. delivery at Delivery Address. Curran will not be the debtor of import duty and/or import-VAT. To the extent that any Indirect Tax is applicable on any sale, transfer, conveyance of goods, Curran will charge such Indirect Tax to the Customer and the Customer will pay such Indirect Tax to Curran upon receipt of an invoice including such Indirect Tax.
Curran shall consider the availability of any exemptions, low Indirect Tax Rates, or the 0% Indirect Tax Rates that may be available for Indirect Tax Purposes in connection with the supply of goods (Curran’s products) to the Customer, provided that the Customer complies with all requirements to allow Curran to apply such exemption or low, or 0% Indirect Tax Rate.
In the event the Customer does not provide the required information to apply an Indirect Tax exemption, low Indirect Tax Rate or 0% Indirect Tax Rate, such as for instance, but not limited to, a valid VAT-identification number and the appropriate transport documentation, Curran will apply the Indirect Tax Rate that Curran considers appropriate.
In the event the information and/or required documentation provided by the Customer in relation to the supply is incorrect and/or incomplete or resulting in Curran not applying the correct Indirect Tax Treatment, Curran will issue an additional invoice for the correct Indirect Tax Amount which Indirect Tax Amount shall be remitted to Curran within 5 working days.
The Customer will be liable for any Indirect Tax Assessment, penalties and interest incurred by Curran due to the provision of invalid, incorrect or incomplete information and/ or documentation. Any such damages shall be invoiced to the Customer and shall be remitted to Curran within 5 working days.
12. Limitation of liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW AND EXCEPT AS SET FORTH IN THE ABOVE-MENTIONED LIMITED WARRANTY, IN NO EVENT WILL CURRAN, ITS AFFILIATES, OWNERS, DIRECTORS AND EMPLOYEES UNDER ANY CIRCUMSTANCES BE LIABLE FOR SPECIAL, INCIDENTAL, CONSEQUENTIAL, DIRECT OR INDIRECT DAMAGE OF ANY KIND ARISING OUT OF OR RELATED TO CURRAN’S PRODUCT, FROM DELAYS, FROM FAILURE TO GIVE NOTICE OF DELAY, OR OTHERWISE, EVEN IF CURRAN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. CURRAN’S TOTAL LIABILITY RELATING TO ANY PURCHASES GOVERNED BY THESE GENERAL TERMS OF SALE WILL NOT EXCEED THE PURCHASE PRICE PAID FOR THE PRODUCT GIVING RISE TO SUCH CLAIM, REGARDLESS OF THE LEGAL THEORY ASSERTED FOR SUCH LIABILITY, WHETHER IN CONTRACT, TORT, WARRANTY OR OTHERWISE.
SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO CERTAIN CUSTOMERS.
Most of Curran products are customized, and therefore the options for returns are limited.
i. Custom area rug
For custom area rugs, no return or refund is possible. The Customer’s sole remedy for any defect or complaint relating to any product provided by Curran are the ones for “Shipping damage” (paragraph 5.viii above) and “Limited warranty” (paragraph 7 above).
ii. Broadloom Wall-to-Wall (W2W)
In general, for Broadloom W2W no return or refund is possible. For some exceptional cases, full, uncut as well as unpacked rolls can be returned within 14 days of delivery. Please contact Curran’s Customer Service in writing (e.g. via email) for an approved return authorization (RA) in preparation for the return of Broadloom W2W.
For returnable carpet items, the Customer may use the shipping carrier most convenient. Any shipping fees or shipping damage that occurs due to the return are the responsibility of the Customer. A refund will be issued to the Customer, once the returned items have arrived in a “as new” condition in Curran’s fulfillment center. The refund will include the purchase price including taxes. Shipping and handling charges are non-refundable. In addition, a restocking fee may be charged.
In cases where manufacturing or/and shipping process, as described in paragraph 5 above, has started, cancellation may be possible, but a potential refund will be at Curran’s sole discretion. If the Customer wishes to cancel the Order, please contact Curran’s Customer Service.
Terms and conditions from Customers that deviate from these General Terms of Sale shall apply only if Curran explicitly agrees in writing to them.
If these General Terms of Sale require a notification to be in writing, then this requirement is also met by electronic means of correspondence, such as email or fax.
iii. Change of the General Terms of Sale
Curran reserves the right to update or modify these General Terms of Sale at any time without prior notice to the Customer. Such revisions and additions shall be deemed effective immediately upon communication, including, without limitation, by posting the revised General Terms of Sale on the Website. Placing an Order following the date of such change constitutes the Customer’s agreement to be bound by the General Terms of Sale as revised.
The Customer will not be entitled to set-off any amounts due to the Customer against any amount due to Curran in connection with an Order.
v. Choice of law and forum
These General Terms of Sale are governed by and will be governed by the laws of the State of Washington, without giving effect to the Washington principles of conflicts of laws. Any claim or dispute between the Customer and Curran that arises in whole or in part from these General Terms of Sale, including the determination of the scope or applicability of these General Terms of Sale to arbitrate will be determined by arbitration in Seattle, Washington. The arbitration will be administered by JAMS pursuant to JAMS’s Streamlined Arbitration Rules and Procedures. The dispute will be heard by one arbitrator.
This clause will not preclude the Customer nor Curran from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction.
The Customer and Curran will maintain the confidential nature of the arbitration proceeding and the award, including the hearing, except as may be necessary to prepare for or conduct the arbitration hearing on the merits, or except as may be necessary in connection with a court application for a preliminary remedy, a judicial challenge to an award or its enforcement, or unless otherwise required by law or judicial decision. The arbitrator will reach his or her decision within three days from the conclusion of the hearing, and the arbitrator’s decision will be final, binding and non-appealable.
vi. Limitation of actions
The Customer agrees that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the General Terms of Sale must be filed within one (1) year after such claim or cause of action arose, in any case within five (5) years of purchase, or be forever barred.
The section titles in these General Terms of Sale are for convenience only and have no legal or contractual effect.
viii. Waiver and severability
If any part of these General Terms of Sale is determined to be invalid or unenforceable, it shall not impact any other provision of these General Terms of Sale, all of which shall remain in full force and effect. The failure of Curran to partially or fully exercise any rights under these General Terms of Sale or the waiver of any of the terms of these General Terms of Sale by Curran shall not prevent a subsequent exercise of such right by Curran or be deemed a further or continuing waiver by Curran of that or any other term. The rights and remedies of Curran under these General Terms of Sale and any other applicable agreement between the Customer and Curran shall be cumulative, and the exercise of any such right or remedy shall not limit Curran's right to exercise any other right or remedy.