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Terms + Conditions

Selling information

Distribution of the catalog and price list does not itself constitute an offer to sell. Only orders received from Authorized Dealers and Sales Representatives of MODUS FURNITURE INTERNATIONAL will be accepted and processed for shipment. MODUS reserves the right to sell on a continuing basis only through those Dealers who have been authorized in writing by MODUS to distribute its products. Before the issuance of such authorization by MODUS, Dealers must complete an Application for Credit and send a copy of a Resale Certificate.

Prices

All prices quoted on our price list are current and supersede all previous price lists. MODUS reserves the right to change prices without further notice.

Payment terms

Orders will ship Net 30 after credit approval or orders may be prepaid.

Order placement

Dealers are encouraged to place their orders with their local Sales Representative to assure timely and accurate processing. This procedure will be more effective for the Dealer and will provide a closer rapport with the Sales Representative. When placing orders directly with MODUS all orders must be in written form; either by email, fax or mail.

Acknowledgement

Fax or email order acknowledgements are available on request.

Availability

Orders are normally available to ship within 1 working day after credit approval.

Order changes

Changes or additions to orders can normally be accommodated, however, restocking fees may apply for changes to orders that have already been transmitted to our warehouse.

Will call orders

Will Call orders consisting of 12 pieces or less must be inspected by the Dealer’s personnel and checked for damages and shortages. A signed picking ticket or bill of lading will be proof that the merchandise was received in good condition. If an inspection is not performed, the Dealer shall have no recourse for recovery of shortages or damages at a later date. On orders of more than 12 pieces, Dealers are allowed 5 days from the date of pick up to report any damages.

Freight charges

All shipments are FOB our warehouse and shipped freight collect. MODUS will attempt to accommodate requests for favored carriers when such directions are indicated, in writing, on the Dealer’s purchase orders. In the absence of such instructions, MODUS reserves the right to select the carrier and routing for the shipment. Common carriers are not recommended.

Cancellation charges

The acceptance and shipment of an order by MODUS is final and binding and cannot be cancelled without the prior approval of MODUS. All such cancelled orders, and orders refused upon attempted delivery to customers, are subject to a cancellation and restocking charge of 25% of the value of the order.

Shortages

If the shipment is not delivered in accordance with the quantity of cartons and packages as shown on the Bill of Lading and/or Freight Bill, do not accept the shipment until the shortages are noted and confirmed on the Bill of Lading and/or Freight Bill.

Merchandise damaged in transit

Do not refuse merchandise damaged in transit. All shipments are delivered to the transportation company in good condition and MODUS’s liability ceases at that time. If a shipment is received in damaged condition, the Dealer must note exceptions on carrier’s Bill of Lading and should immediately file a claim with the freight carrier.

Concealed damage

If concealed damage is found upon the opening of the carton, notify the carrier and request an inspection within 10 calendar days of delivery. Without this inspection, the transportation company will not entertain a claim for loss or damage. If the carrier will not perform an inspection, you should prepare an affidavit indicating that you contacted the carrier, noting the time and date, and that they failed to comply with your request. This, along with other documents must be retained for the carrier’s inspection. Do not move the damaged merchandise from the receiving facility.

Replacement parts

Although MODUS is confident in the Quality Control instituted by the factory, there are times when minor defects slip through the process. When a manufacturer defect does occur, MODUS will ship replacement parts to repair the defect.

Repair charges

Written authorizations must be obtained from MODUS prior to paying any repair charges. If MODUS agrees that repairs are necessary and reasonable, an original invoice or paid receipt must be submitted before the issuance of any credit memo. A check will not be issued.

Returns

Merchandise will not be accepted for return without a Return Authorization (RA) issued by MODUS. A Return Authorization must be requested within 15 calendar days of delivery. RA’s may be issued for the following reasons:
• Manufacturing Defect - to be confirmed after inspection by a MODUS rep.
• MODUS error in processing the Purchase order
• Dealer Cancellation - 25% restocking fee
If you have any questions as to whether you may return merchandise, please contact your Sales Representative or the Customer Service Department at (310) 827-2129, 8:00 a.m. - 5:00 p.m., Pacific Time. Merchandise, which has been authorized to be returned, must be returned within 30 days of the date issued on the RA. Failure to do so will result in the nullification of the RA and a credit memo will not be processed. When an RA is issued for an item that is to be replaced, the original item must be returned within 30 days of receiving the replacement. Failure to follow these instructions will result in the nullification of the RA and any credit. If the item being picked up is not ready for pick up at the time the carrier assigned by MODUS makes the attempt, than the responsibility of returning the product and the freight charges will rest with the Dealer.
In the event a customer orders merchandise incorrectly, MODUS will consider issuing an RA only if the merchandise has not been removed from the from the original factory packaging. Those returns will be subject to a 25% restocking charge and the freight charges to return the merchandise will rest with the Dealer.
All merchandise being returned must be properly packaged and protected to insure that no damage is incurred during the transportation back to MODUS. Upon receipt, all merchandise will be thoroughly inspected before approval for credit.