Bertolini Inc. reserves the right to cancel, withdraw, revoke, rescind, annul or void a quote or any order at any time at no cost to the customer and at no remedies to Bertolini Inc. other than to return any money paid by the customer up to that time. Product pricing is subject to change without notice.
PLACING ORDERS, Orders are non-cancelable and non-negotiable after they have been accepted. All credit orders are subject to credit approval before accepted. Bertolini Inc.’s Terms and Conditions supersede any terms in a Purchase Order. This contract may not be modified, amended, or rescinded except in writing, signed by authorized agents of all parties.
Components used in all Bertolini chairs are specifically designed to meet fire code CAL-117. It is the customers’ responsibility to use and store these products in compliance with local and state codes and regulations, and to communicate approved local and state codes and regulations to Bertolini Inc. prior to receiving and signing a quote.
ORDER ACKNOWLEDGEMENTS: Upon acceptance of an order, an acknowledgement will be sent with a factory estimated ship date. Customers are responsible to read and confirm all order specifications and ship date.
ORDER TERMS, DEPOSITS, EXEMPTIONS: Terms for USAChurchChair.com CHAIRS (as designated by a USACHURCHCHAIRS.COM seat tag) are 100% pre-payment before chairs are released for shipment. Bertolini retains title to the goods until the buyer performs all of his/her/its obligations under the contract. It is the buyer’s full responsibility to ensure that all sales and use taxes in connection with this order are fully paid where applicable. If at any time in the future, Bertolini Inc is required to pay sales tax on behalf of the buyer, the buyer will be liable to repay Bertolini for the tax paid. Customers with orders which are eligible for sales tax-exemption must fill out a “Resale Certificate” form or “Sales and Use Tax Exemption” form or equivalent documentation and return it with the quote.
CANCELLATIONS & CHANGE ORDERS: All changes (Change Order) must be submitted in writing, with in 48 hours of placing your order, and are subject to the approval of Bertolini Inc. When changing model numbers, fabric or any options on any order, a $150.00 administration fee per sales order will be required. Once an order is submitted for production, no changes to the order may be made.
PAST DUE PAYMENTS: Balances not paid within the agreed terms will be assessed at 1.75% per month (21% APR). If failure to pay results in an outside agency or an attorney to collect past due funds, the customer shall pay all collection costs, including attorney’s fees, incurred in the process. Until payment in full has been received, all products remain the property of Bertolini Inc. and can be claimed at will. Failure to pay the entire invoice invalidates all of Bertolini Inc.’s product warranties and liabilities.
REORDERS: In the event the mill in which your fabric was manufactured discontinues a fabric, or the company becomes obsolete, Bertolini will strive to provide you with a selection of fabric alternatives, priced as closely as possible to your original purchase price. When reordering, please also be aware that your new fabric and finish, although the same, may not match exactly to your original purchase. Fabric naturally fades over the lifespan of a chair, due to wear, UV, etc., while finishes oxidize over time. Any upgrades in fabric due to this change will be the responsibility of the buyer.
SHIPPING & OFFLOAD: Chairs are normally shipped wrapped and stacked 10-12 chairs high and can weight up to 200 pounds. Customers are required to have hand-trucks and adequate personnel to off-load and move chairs into their facility.
LEAD-TIMES & DELIVERY DATES: Bertolini Inc. has a long track record of meeting customer deadlines. Delivery dates are estimates and are accurate forecasts only if an order is placed within 48 hours of a quoted lead-time. A FORECASTED DELIVERY DATE DOES NOT IMPLY A GUARANTEE ON BEHALF OF BERTOLINI. All change orders will affect delivery dates. Bertolini is not liable for any damages, costs, expenses, debt, or obligation incurred, as a result of delivery after lead-times or delivery dates nor will Bertolini be required in any way to compensate, recompense, reimburse, or pay for anything incurred, suffered, or sustained as a result of delivery after lead-times or delivery dates.
PRIORITY/RUSH ORDERS: All orders requiring a specific delivery date are considered Priority/Rush. Priority/Rush orders are subject to a $250 minimum or $1.75 per chair fees, whichever is greater. Bertolini Inc. will make every effort to meet Priority/Rush order deadlines. Orders not completed by quoted deadlines are subject to a refund of the above mentioned fees.
FREIGHT CARRIERS, DAMAGE CLAIMS: All orders are FOB Bertolini Inc. Factory. Bertolini Inc. carefully selects and contracts with independent freight carriers on behalf of its customers. Damage claims due to shipping must be indicated in detail (including quantity), on the Bill of Lading. Report the problem to Bertolini Inc. within 10 working days. Bertolini Inc. is not responsible for the actions or service levels of these carriers.
CUSTOMER DELAYED SHIPPING: Bertolini Inc. is not responsible for storing or holding any shipments. All orders are shipped when ready. In the event that the customer is not ready to accept their order, it is the customer’s responsibility to store the chairs. Orders that are either “third party” or “Will Call” need to be picked up within three working days. Bertolini Inc. will ship chairs to an alternate storage location if notified in time (cost incurred will be charged to the customer). In the event the customer requires Bertolini to store chairs for any period of time beyond three working days, Bertolini reserves the right to collect storage and to add these storage fees to the final invoice; storage fees will be no less than $100 per month or $1.00 per chair per month whichever is greater. Customer Care may be reached at 800-738-0113 Monday through Friday 7:00 am to 4:00 pm Pacific Standard Time.
REFUSED OR RETURNED SHIPMENTS: Refusal to accept product from carrier does not relieve purchaser of responsibility for payment. Product returned will incur additional freight costs and will be be at the expense of the customer. Final shipment will not be made until payment is made in full.
DEFECTIVE PRODUCTS: If products are received defective, the customer must indicate on the Bill of Lading any damage to the shipment and report the problem to Bertolini Inc. within 10 working days. Most cases can be resolved within 2 weeks. Bertolini is not responsible for damage caused in freight on will calls and 3rd. party carriers. PRODUCT WARRANTY: DISCLAIMER of WARRANTY: THE FOREGOING WARRANTIES ARE IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
USACHURCHCHAIR.COM CHAIRS: All chairs designated by a USACHURCHCHAIRS.COM seat tag carry a Limited Lifetime non-prorated 20 year frame warranty covering the steel frame against frame failure under normal use.
ALL OTHER CHAIRS MANUFACTURED BY BERTOLINI LISTED ON THIS QUOTE: All other chairs manufactured by Bertolini Inc. listed on this quote carry a steel frame warranty against frame failure for a full non-prorated 20 years under normal use. All Other components including materials and workmanship other than those mentioned above are warranted for 5 years.
WEARABLE COMPONENTS: Wearable components not covered in the “Limited Lifetime” and warranties include finish, upholstery and upholstery treatments including seams. UPHOLSTERY TREATMENTS: Upholstery treatments and fabrics are subject to warranties offered by the respective textile manufacturer. FINISH: Standard frame finishes are warranted 5 years against flaking, pealing or manufacturer defect under normal use. REPLACEMENT: Any frame or part found to be defective by Bertolini Inc. while under warranty will be repaired or replaced, at our option, FOB Bertolini Inc. Factory Chino.
A buyer’s claim of breach of any warranty concerning the goods will be barred unless the seller receives written notice of the alleged breach from the buyer within ten (10) working days after the delivery of the goods or, if breach of warranty could not be reasonably discovered within ten (10) working days of the delivery of the goods, within ten (10) working days after the actual discovery of the alleged breach of warranty or within ten (10) working days after the breach of warranty could have reasonably been discovered, whichever is earlier. Any exclusion to this warranty will be listed on the signed customer quote.
Warranties do not apply to any product which has been altered, subjected to misuse, or negligence. Bertolini Inc.’s warranty is limited to credit or replacement of the defective item. Liability under this warranty shall not exceed the purchase price of the defective item. Unless modified in writing and signed by both parties, this agreement, as contained in the quote provided by Bertolini and signed by the customer, and these Terms and Conditions are understood to be the complete and exclusive agreement between the parties, superseding all oral or written prior agreements and all other communications between the parties relating to the subject matter of this agreement, including statements made by salespersons. No employee of Bertolini Inc. except the Executive VP and the President, or any other party, is authorized to make any warranty in addition to those made in this agreement.
LIMITATIONS of REMEDIES: IN NO EVENT WILL BERTOLINI INC. BE LIABLE FOR ANY SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES BASED ON BREACH OF WARRANTY, BREACH OF CONTRACT, NEGLIGENCE, STRICT TORT, OR ANY OTHER LEGAL THEORY. DAMAGES THAT BERTOLINI INC. WILL NOT BE RESPONSIBLE FOR INCLUDE, BUT ARE NOT LIMITED TO: LOSS OF PROFITS; LOSS OF SAVINGS OR REVENUE; LOSS OF THE USE OF THE PRODUCT OR ANY ASSOCIATED EQUIPMENT; COST OF CAPITAL; COST OF ANY SUBSTITUTE EQUIPMENT, FACILITIES, OR SERVICES, DOWNTIME; THE CLAIMS OF THIRD PARTIES, INCLUDING CUSTOMERS; AND INJURY TO PROPERTY. THIS LIMITATION DOES NOT APPLY TO DAMAGE CAUSED BY BREACH OF THE WARRANTY OF TITLE AND AGAINST INFRINGEMENTS OR TO CLAIMS FOR PERSONAL INJURY.
This agreement shall not be construed in favor of or against any party hereto. If any of the provisions, covenants, or conditions of the Agreement are held by a court of competent jurisdiction to be invalid void or unenforceable, the remaining provisions of the Agreement shall be in full force and effect and shall no way be affected, impaired, or invalidated. In the event of such determination, the parties agree to negotiate in good faith to modify this agreement to fulfill as closely as possible the original intent and purposes thereof. To the extent permitted by law the parties waive any provisions of law that render any provision hereof prohibited or unenforceable in any respect.
This agreement shall be interpreted and governed by the laws of the state of California as if entered into and wholly performed within the state of California. Any action brought to enforce this agreement shall be brought in the County of San Bernardino, in California.
