SUBJECT TO ACCEPTANCE
All sales are subject to acceptance by Denise McGaha Interiors (DMI)
Acceptance of sales is based on the express condition that Buyer agrees to all of the terms and conditions contained herein. These terms and conditions represent the complete agreement of the parties, and no terms or conditions in any way adding to, modifying or otherwise changing the provisions stated herein shall be binding upon DMI unless made in writing and signed and approved by an authorized representative of DMI. No modification of any of these terms will be affected by DMI’s shipment of goods following receipt of Buyer’s purchase order, shipping request or similar forms containing printed terms and conditions conflicting or inconsistent with the terms herein.
PRICES AND TERMS
Orders for in-stock products require payment in full. All accounts shall be paid upon receipt when invoiced. Orders must be paid in full, including taxes, packing, freight, and service charges prior to shipping. Checks are to be made out to Denise McGaha Interiors. Credit cards accepted are American Express, MasterCard, and Visa.
Additional storage fees of $5 per day per item first billable after thirty (30) days will be charged to merchandise if not picked up or delivery arranged within thirty (30) days from the date of invoice.
CANCELLATION OF ORDERS
All sales of in-stock items are final. Special orders can be cancelled but could be subject to restocking fees or loss of deposit.
All taxes of any nature whatsoever now or hereafter levied by governmental authority, whether federal, state or local, both directly or indirectly, upon the sale or transportation of any goods covered hereby shall be paid and borne by Buyer if a resale tax certificate is not provided. A Texas sales tax resale certificate form will be provided and must be filled out and returned to process any sale of DMI.
TITLE / RISK OF LOSS
Merchandise must be carefully inspected by Buyer at time of delivery. Providing the goods to carrier or shipper by DMI shall be deemed delivery to Buyer, and upon such delivery title to such goods, and risk of loss or damage, shall become the responsibility of Buyer. The Buyer shall deal with the carrier or shipper regarding any loss or damage to the goods after the shipper picks up the goods from DMI. DMI will cooperate with Buyer and provide any information requested by Buyer relating to goods and Buyer’s dealings with the carrier or shipper.
METHOD OF SHIPMENT
The Buyer shall determine the preferred method of shipment of the goods and shall select the carrier or shipper to be utilized for the shipment of such goods. DMI may provide to Buyer the names and contact information of potential carriers or shippers, but will not assume any responsibility by providing such information. From the time the Buyer’s carrier or shipper picks up the goods from DMI, DMI is relieved of any responsibility or liability for loss of or damage to the goods.
Antiques by definition are old, collectible, valuable and desirable because of their age, beauty, rarity or other unique features. The Buyer must understand that certain antiques by the very nature bear wear, blemishes or defects which are inherent, but shall not be considered as defective goods.
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.