These terms & conditions set forth herein represent TSM’s offer to sell goods to the Buyer. Execution of this Agreement, or placement of an order with TSM shall signify the Buyer’s acceptance of these terms & conditions. This agreement shall apply to not only the initial order by the Buyer but also to all subsequent orders by the Buyer from TSM. For more information and request for detailed photos or to speak with our sales associate, please contact us at firstname.lastname@example.org or (504) 525-1131
Terms & Conditions of Maison Sale
PURCHASER: By submitting an order, Buyer confirms that it is a valid business (as described below) and that it agrees to be bound by this Agreement. TSM reserves the right to cancel orders or terminate this Agreement, and any relationship created by it, at its sole discretion.
PRICING: All prices & items are subject to change without notice.
SHIPPING AND RISK OF LOSS: TSM does not arrange shipment. Buyer must arrange for transport of the goods from TSM warehouse. Delivery of goods to Buyer’s carrier constitutes delivery to Buyer and all risk of loss or damage as well as the duty to secure, package, and protect the goods transfers to the Buyer upon delivery.
DAMAGES AND CLAIMS: TARA SHAW is NOT responsible for freight damages. All items are carefully inspected before shipping by our staff and respective shipping company. You or your receiving agent MUST INSPECT each item upon delivery and any damages must be clearly noted on the carrier’s bill of lading before the driver leaves your location. Please contact us immediately so that we can help make sure that everything is taken care of promptly and thoroughly. If damages are not noted at the time of delivery than we have no recourse with your carrier and no claims will be honored. Knots, gouges, cracks and nail holes are inherent characteristics of many of our wood products and do not constitute damage/defects, no claims will be considered for these characteristics. The majority of our products are made from pine like the European originals and naturally crack with time.
NO LIABILITY FOR DELAY: Delivery dates & lead times are estimates only and subject to change; TSM will not be liable for loss or damage due to delay or inability to deliver regardless of the reason for the delay or inability to deliver. Under no circumstances shall TSM be liable for any special, consequential, incidental, indirect, or liquidated damages, losses, or expenses (even if caused by TSM’s sole negligence or fault) arising directly or indirectly from delays or failure to give notice of delay or inability to deliver.
INSPECTION FOR DAMAGES/DEFECTS: The Buyer has the right to inspect the goods and TSM recommends that Buyer or Buyer’s carrier inspect the goods at time of delivery. Written notice of any damage must be given to TSM before the goods are removed from the TSM warehouse. Buyer or Buyer’s carrier’s failure to inspect or failure to give such notice will constitute unqualified acceptance and a waiver of any claims by Buyer. Buyer agrees that any damage not brought to TSM’s attention by written notice before the goods have left the warehouse considered to have occurred after the goods have left the warehouse.
RETURNS: No returns or damaged goods will be accepted without a written return authorization issued by a TSM representative. Returns are subject to a 35% handling/restocking charge, except for goods shipped-in-error. Store credit will be issued for all authorized returns.
MEASUREMENTS & AVAILABILITY: TSM’s goods conform to the examples displayed on TSM’s website, and shown in its showrooms. Buyer understands the look of TSM products and the characteristics of TSM’s hand finished goods. Measurements are approximations. Photography is a representation & is not an accurate representation of the color.
VARIATIONS IN GOODS: Because of the variation & aging in natural materials & hand finishing, TSM does not guarantee the grain or texture of wood or painted surfaces, the aging of patinas on wood, leafed or painted surfaces, marble, stone or any other natural materials. Variation in product is expected because of the handcrafted nature of the TSM line. Due to environmental elements and relative humidity, wood will sometimes expand and shrink. We take great care to construct our furniture in a manner that allows the wood to shrink and expand. Under drastic temperature changes, cracks may sometimes appear; however, this is a very rare occurrence. Damage claims of this nature will be assessed on an individual basis if they are received within three months. We do NOT accept returns without written authorization from our office.
TRADEMARK AND DESIGN PROTECTION: Tara Shaw Maison ™ is a trade mark/service mark used exclusively by TSM to represent or describe its products. Use of this trademark requires the express written consent of TSM, provided however, Buyer is hereby permitted to use the trademark in connection with the sale of any goods purchased pursuant to this Agreement.
The designs of TSM goods are proprietary and may not be copied or reproduced by Buyer for any reason whatsoever. Should Buyer, or any of Buyer’s agents, employees, affiliates or any other related party produce products that copy, reproduce or infringe upon the design integrity of TSM products in any way, or facilitate others in doing so, TSM reserves any and all rights to pursue whatever remedies are available under the law, and Buyer hereby agrees that it will be liable for any legal fees incurred by TSM in enforcing its rights with respect to its designs and trademarks against any improper use thereof.
WAIVER OF WARRANTIES: ALL GOODS ARE SOLD “AS IS” AND BUYER HEREBY WAIVES ANY AND ALL WARRANTIES, INCLUDING THE WARRANTY AGAINST REDHIBITORY DEFECTS, WARRANTY OF MERCHANTABILITY, WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE AND ANY WARRANTIES ARISING FROM DUE COURSE OF DEALING OR USAGE OF TRADE.LIMITATION OF LIABILITY/LIQUIDATED DAMAGES: BUYER AGREES THAT UNDER NO CIRCUMSTANCES WILL IT HOLD TSM LIABLE FOR ANY CONSEQUENTIAL, SPECIAL, INCIDENTAL, INDIRECT, MULTIPLE, ADMINISTRATIVE OR PUNITIVE DAMAGES, or any damage of an indirect or consequential nature arising out of or related to its performance under this Agreement, whether based upon breach of this Agreement, warranty or negligence, and whether grounded in tort, contract, civil law or other theories of liability, including strict liability, even if advised in advance of the possibility of such damages. TSM’S TOTAL LIABILITY IS LIMITED TO $250.00, or no more than the amount paid to TSM under Buyer’s order, whichever is less, and Buyer agrees to indemnify TSM for any excess amounts.
INDEMNIFICATION: BUYER SHALL DEFEND, INDEMNIFY & HOLD HARMLESS TSM, its agents and employees against any loss, damage claim, suit, liability, judgment or expense (including, without limitation, attorney’s fees and costs) arising out of or in connection with any injury, disease or death of persons or damages to or loss of any property or the environment or violation of any applicable laws or regulations resulting from or in connection with the transportation, installation, use or repair of the goods subject to this Agreement, WHETHER CAUSED BY THE CONCURRENT OR SOLE NEGLIGENCE OR STRICT LIABILITY OF TSM OR ANY OF ITS AGENTS, EMPLOYEES OR SUPPLIERS.
CLAIMS, LEGAL ACTIONS AND ARBITRATION: Except for actions to collect money owed TSM or to enforce the indemnity provisions above, any claim arising out of or relating to this Agreement shall be resolved by ARBITRATION in accordance with the rules of the American Arbitration Association, and Buyer agrees that such arbitration shall be held in New Orleans, Louisiana.
CONSENT TO JURISDICTION/MANDATORY VENUE: Notwithstanding the arbitration provision above, Buyer consents to the personal jurisdiction of the state and federal courts of Louisiana and agrees that any legal action in connection with this Agreement shall be filed in a state or federal court in New Orleans, Louisiana.
LEGAL FEES AND COSTS: If TSM prevails in any action arising out of or relating to this Agreement, including arbitrations, TSM SHALL BE ENTITLED TO RECOVER REASONABLE ATTORNEY’S FEES, EXPERT FEES, COURT COSTS AND ARBITRATION EXPENSES. Buyer waives any right to recover attorney fees and costs under any contract, provision or statute and UNDER NO CIRCUMSTANCES WILL TSM BE LIABLE FOR BUYER’S ATTORNEY FEES OR COSTS.
SEVERABILITY: This Agreement shall not be construed against the party preparing it, but shall be construed as if all parties jointly prepared this Agreement, and any uncertainty or ambiguity shall not be interpreted against any one party. If any provision of this Agreement is determined to be illegal or unenforceable, the validity of the remaining provisions hereof shall not be affected thereby and such illegal or unenforceable provision shall be deemed modified to the minimum extent necessary to make it consistent with applicable law and, in its modified form, SUCH PROVISION SHALL THEN BE ENFORCEABLE.
SET-OFF: Buyer shall not be entitled to set-off any amounts due Buyer against any amount due TSM in connection with this Agreement.
ENTIRE AGREEMENT: This document constitutes the entire agreement between the parties with respect to the subject matter hereof and contains all the terms and conditions of sale; no course of dealing or usage of the trade shall be applicable unless expressly incorporated herein. TSM’s failure to insist upon the strict performance of any term or condition herein shall not waive any of TSM’s rights or remedies hereunder. The terms and conditions contained herein may not be added to, modified, superseded or otherwise altered except by a written modification signed by the parties.
GOVERNING LAW: THIS AGREEMENT, IT’S VALIDITY, CONSTRUCTION, PERFORMANCE & ENFORCEMENT SHALL BE GOVERNED BY THE LAWS OF THE STATE OF LOUISIANA.
BUYER ACKNOWLEDGES THAT (i) THE GOODS SOLD BY TSM ARE REPRODUCTIONS AND ARE NOT REAL ANTIQUES, AND (ii) TSM IS NOT THE MANUFACTURER OF SUCH GOODS.
These terms & conditions set forth herein represent TSM’s offer to sell goods to the Buyer. Execution of this Agreement, or placement of an order with TSM shall signify the Buyer’s acceptance of these terms & conditions. This agreement shall apply to not only the initial order by the Buyer but also to all subsequent orders by the Buyer from TSM.
For more information and request for detailed photos or to speak with our sales associate, please contact us at email@example.com or (504) 525-1131