Supplementary Terms of Sale
Last Updated: November 25, 2020
Curran Catalog LLC (“Curran”) provides its carpet products and sales-related services subject to the General Terms of Sale (“General Terms of Sale”). In addition, for larger orders (“Volume Order”) placed by trade customers (the “Customer”), the following terms and conditions set forth in these Supplementary Terms of Sale (“Supplementary Terms of Sale”) shall apply.
By placing a Volume Order with Curran, the Customer agrees to be bound by the General Terms of Sale and these Supplementary Terms of Sale (together the “Terms of Sale for Volume Orders”).
For the purpose of these Supplementary Terms of Sale, a Volume Order means any order submitted by a trade customer for carpet product(s) that exceeds the sales price of USD / EURO 50,000 (excluding taxes, shipping costs, etc.).
The Terms of Sale for Volume Orders apply to trade customers only. Trade customers are individuals or legal entities that have set up a trade account with Curran prior to placing the Volume Order.
The only acceptable payment methods are wire, ACH or Pro Forma Check. For payments made in EURO, Curran accepts wire only.
Terms of Sale for Volume Orders
Unless otherwise agreed in writing by Curran, both the Supplementary Terms of Sale and the General Terms of Sale together are the sole terms and conditions that govern any Volume Order submitted to and accepted by Curran. Should the Supplementary Terms of Sale be inconsistent in any way with the General Terms of Sale, the Supplementary Terms of Sale shall prevail.
No term, provision, or condition stated in a Volume Order, or elsewhere will be binding upon Curran if such term, provision, condition conflicts, is inconsistent with, or is in addition to the Terms of Sale for Volume Orders, unless expressly approved in writing by Curran.
Upon Customer’s submission of a Volume Order, acceptance of a quote, or other request for Curran to fulfill a Volume Order, Curran will send the Customer an order confirmation, or other order acknowledgement (“Volume Order Acknowledgement”), which constitutes Curran’s initial acceptance of the Volume Order subject to the Terms of Sale for Volume Orders.
Unless, Curran has agreed in writing, payments are due as indicated on the invoice. At Curran’s discretion, Curran may accept in writing payment in two installments.
The first installment of 50% of the total invoice balance shall be due 5 business days after Curran has acknowledged, i.e. confirmed, the Volume Order (herein the “Deposit”). Curran shall only start processing and production of the Volume Order after payment of the Deposit in full.
The second installment, which shall constitute the remaining balance of the Volume Order, shall be due 10 days ahead of shipment. Curran cannot ship the Volume Order until the remaining balance has been paid in full. Curran shall inform the Customer immediately, once shipment is scheduled and the due date of the second installment date is determined.
Pick-up by the Customer
Place and time of pick-up
If no shipping is requested, the Customer shall pick up the carpet product(s) at the warehouse indicated on the invoice. Curran will provide the time window the product(s) are available for will call.
If the Customer fails to pick up the carpet product(s) within the agreed time window, the Customer shall bear all costs due to such delayed pick-up.
Risk of loss
For carpet product(s) that are picked up, risk of loss or damage to the carpet product(s) shall pass to the Customer upon Customer’s acceptance of the carpet product(s) at the warehouse. Curran takes no responsibility for the handling, transportation and offloading of the carpet product(s) after acceptance, i.e. pick-up.
Shipping and delivery
On Customer’s request, Curran will arrange shipping with a freight carrier. Such freight costs will be charged to the Customer. If not agreed otherwise in writing, shipping covers curbside delivery at the delivery address indicated on the invoice.
Any enhanced delivery service or expedited shipping must be arranged via email prior to shipping and additional charges are the responsibility of the Customer and may be billed to the Customer directly from the provider.
Estimated delivery time
After the Customer has submitted the Volume Order, Curran shall provide the Customer with an estimated delivery time. Unless Curran agrees otherwise in writing, such delivery date is merely an estimate and may be subject to change. If such estimated delivery time is exceeded, Curran shall make best efforts to keep the Customer informed of shipment status. Unless otherwise agreed in writing, Curran shall not be liable for any damages, whether direct or indirect, as a result of a delivery that does not comply with the estimated delivery time, even if Curran has been notified of the possibility of such damages.
Upon delivery of the carpet product(s), the Customer must inspect the carpet product(s) and report to Curran any shipping damage and provide pictures of the shipping damage within 7 business days. Such report must include a description and a picture of the damaged carpet product(s). The Customer shall keep the damaged carpet product(s) until Curran has assessed the claim on the shipping damage and agrees in writing that the Customer can dispose of the carpet product(s).
Curran may not take into consideration any claim based on shipping damage that is reported after 7 days of delivery. If Customer fails to report any claim of damage within 7 days, Customer waives all rights to such claims.
If Customer requires that the carpet product(s) should be delivered to and/or stored at a warehouse, Curran may obtain such warehousing services. All costs in conjunction with such warehousing services will be charged to the Customer.
Risk of loss
If the Customer requests shipping of the carpet product(s), risk of loss or damage to the carpet product(s) shall pass to the Customer upon their delivery to the delivery address indicated on the invoice (DAP Place of Destination). If delivery is requested to a warehouse, then risk of loss passes to the Customer upon delivery of the carpet product(s) to the warehouse indicated on the invoice.
Curran cannot accept returns of any Volume Orders. The Customer’s sole remedy for any defect or complaint relating to the carpet product(s) provided by Curran are as set forth in the sections titled “Shipping damage” (paragraph 6.c above) and “Limited Warranty” (paragraph 7 of the General Terms of Sale).
The installation of the carpet product(s) is the sole responsibility of the Customer.
Curran shall provide installation guidelines together with the carpet product (“Installation Guidelines”). The Installation Guidelines are based on the expertise of professional installation experts and reflect the general best practice of how to install the carpet product sold to the Customer. They are a non-binding suggestion setting out how to successfully install the carpet product. The Installation Guidelines do not take into consideration the specific conditions in which the carpet product is installed and do not represent any warranty.
In addition to the Installation Guidelines, Curran may support the Customer in choosing a qualified installer and support the Customer with additional suggestions on how to install the carpet product successfully.