Camerich México reserves the right at any time and without notice to change the Terms and Conditions of Sale.
1. General conditions
All sales conditions are applicable to the sale agreement between Camerich México, (hereinafter also referred to as Camerich), and the Purchaser. The conditions shall be considered fully accepted by the Purchaser when a Purchase Order is sent to Camerich or when when Camerich sends the Purchaser an order confirmation with the wording “The sale of the products herewith confirmed are subject to the general sale conditions indicated in the current price list”.
2. Orders
All orders placed by Purchaser are subject to acceptance by Camerich by way of a written confirmation. Camerich shall have the right, at its sole discretion, to refuse or cancel any orders placed. The Purchaser must advise Camerich in writing of any errors or discrepancies in the order confirmation within two business days after the receipt of confirmation.
3. Prices
The prices indicated in the current Camerich price list are full retail price. Prices and availability are subject to change without notice. Camerich reserves the right to modify prices at any time. Unless otherwise agreed in writing, prices include packing, but do not include freight or delivery, in transit insurance, storage, service, taxes, installation, or customs duties (where applicable). Customers are responsible for any state or local tax that results from transfer of title or sale or delivery of the Products purchased hereunder.
4. Adjustments to the price list and products
With reference to Retail Price List, Product Catalogue, or any such materials, Camerich reserves the right to modify, without advance notification, the prices and products indicated.
5. Stocking and no stocking dealer requirements
Stocking Dealers are dealers with a physical store presence, and more than 50% of orders shipped to one physical address. Non Stocking Dealers are designers and/or dealers with no physical store presence. All Dealers are subject to approval. Opening Order requirements are $5000.
6. Freight and terms and conditions
Camerich ships dealer’s orders via a number of national and local transportation companies. Camerich will make every effort to obtain the best rates available for our dealers. Additionally, dealers may make their own arrangements for pick up and transportation of their orders. Orders may be picked up Monday through Thursday, 10:00 AM to 5:00 PM pacific standard time with a 48 hour written notification.
7. Claims
All Manufacturing Claims for defective products or Logistics Claims for incorrect products ordered or shipped must be reported within 24 hours of receiving of shipment. Manufacturing Claims are claims on defects or problems that originated from the factory level or Seattle distribution facility. Manufacturing Claims are for example, discoloration in a wood finish, inability for a product to be assembled, or incorrect parts shipped. Concealed freight damages, such as nicks and dings on a wood or glass products, do not qualify as a Manufacturing Claim, please see Freight Claims for details.
All details concerning the nature and the extent of the damages as well as photos of the damage must be provided within 24 hours of receiving of merchandise. The dealer at the delivery location must retain the damaged item and all original packaging. These items must be made available for inspection, by Camerich, or the transportation company, or its representative. Photos that clearly depict the damage are required for every claim. Camerich will not issue credits or send replacements items until the nature and extent of the concealed damage can be verified. Damaged or Incorrect products must be available to be prepped and palletized in the same manner it shipped. Unauthorized returns will be reshipped to the location of origin freight collect. We reserve the right to delay replacements from being sent or a credit to be issued until the defective merchandise is received and inspected at our US distribution facility. The warranty shall not be applied to product defects caused by incorrect assembly, improper use, or uses for which the product is not normally intended, failure to comply with the operating and maintenance instructions or normal wear. Camerich reserves the right to not refund/reimburse for any local delivery and/or installation charges incurred for defective products or parts. Dealers are responsible for local re-delivery or installation charges on replacement parts or pieces. For Dealers requesting for credit or reimbursement on repairs, dealers must first provide Camerich with a repair quote. Camerich will not cover for unauthorized repairs performed without Camerich’s prior approval to the repair quote. Camerich reserves the right to approve/deny repair quotes, or provide alternative solution. For approved claims, dealers will not be charged for re-shipping costs or freight on replacement parts/pieces; however the replacement parts/pieces will not go out until the dealer’s next shipment is ready to leave. Dealers may choose to pay freight on replacement parts/pieces if they are in a rush to get the replacements. For denied claims, dealers are fully responsible for all new freight charges on replacement parts/pieces.
All Freight Claims for lost and visibly damaged items must be noted on the BOL (Bill of Lading) or POD (Proof of delivery). Photo documentation is required for all claims on visibly damaged items. Photos that clearly depict the damage are required for every claim. All claims for lost and visibly damaged items must be brought to Camerich’s attention within 24 hours of receiving. No claims can be honored without notification on the BOL or POD. Note that even if the freight damage was concealed, and/or packaging was perfect at the time of arrival, it is dealer’s responsibility to report the Freight Claim within 24 hours of receiving, along with supporting documents such as noted BOL or POD, and photos.
Camerich will file freight claims for lost or visibly damaged items noted on the BOL or POD, only when Camerich contracts with the transportation company for delivery to the dealer. The dealer at the delivery location must retain the damaged item and all original packaging until the claim process is closed. These items must be made available for inspection, by Camerich, or the transportation company, or its representative. Any replacement items for lost or visibly damaged items with this notation on the BOL or POD will be shipped to the dealer ASAP on a priority basis.
Camerich reserves the right to only approve/refund/credit on freight claims in which freight companies have also approved for. Camerich makes no guarantees that freight companies will cover for delivery or re-delivery fees on any freight claims, even if the freight claim has been approved. Camerich will not refund/reimburse for any local delivery and/or installation charges incurred for defective products or parts. Dealers are responsible for local re-delivery or installation charges on replacement parts or pieces. For approved claims, dealers will not be charged for re-shipping costs or freight on replacement parts/pieces; however the replacement parts/pieces will not go out until the dealer’s next shipment is ready to leave. Dealers may chose to pay freight on replacement parts/pieces if they are in a rush to get the replacements. For denied claims, dealers are fully responsible for all new freight charges on replacement parts/pieces.
If dealers contract with the transportation company for delivery, it is the responsibility of the dealer to file all claims for lost or visibly damaged items with the carrier directly. Camerich will not be responsible for issue credits or sending replacement items. The dealer is solely responsible for obtaining any compensation from the transportation company. Camerich will assist the dealer by providing any documentation required to file the claim.
8. Return & Cancellation policy
For Custom Orders, dealers are not permitted to cancel the order, without penalty, after 24 business hours from order confirmation. If dealers cancel their orders after 24 business hours from order confirmation, dealers will either lose their 50% deposit on custom orders, or they will be charged up to 50% of their wholesale price. Modifications or Cancellations are not permitted 24 business hours before an item is slated ship.
For orders from our Stock Program, modifications or cancellations will not be accepted 24 business hours from when the goods are slated to ship from Seattle Warehouse Facility. Cancellations on Stocking Orders that occur at least 24 business hours prior to when the goods were slated to ship will incur no penalty.
Any delay is not to be considered a legitimate reason for order cancellation or for any type of compensation and/or indemnity.
We do not accept Returns on goods that have left our Seattle Warehouse facility. For Returns on Freight or Manufacturing Claims, please reference our Claims section in this document.
9. Terms For LTL Orders (Stocking Program)
100% payment received before delivery.
For LTL Orders (Special Orders): 50% down when the order is confirmed and 50% balance before the shipment leaves the Seattle warehouse.
For Container Orders: 50% down when the order is confirmed and 50% balance when the container leaves Beijing warehouse.
Payment for all products shall be made in U.S. currency to Camerich México the manner and at times specified above. Payment method is check, wire transfer, or by credit card (Visa or MasterCard). Credit Card payments are not accepted on Container Orders Late payments are subject to 2% per month finance charge. Drop Ship orders are subject to additional handling service charge. Returned checks are subject to $20 return check charge and must be replaced with a certified cashier’s check or wire transfer for the amount of the invoice, including shipping charges. Returned checks may affect terms on the existing and future orders
10. Payment conditions
The price shall be paid by the Purchaser without charge of costs. The Purchaser shall not be granted any delay of payment in addition to what has been specified.
Camerich shall have the right to hold deliveries of goods in any case of non-fulfillment, even partial, by the Purchaser with respect to the agreed payment terms, without being charged with damages of any kind. Camerich also reserves the right to modify at any time the payment conditions in the case of recurring non-fulfillment by the Purchaser.
11. Lead time
All orders are subject to strikes, labor problems, and contingencies of transportation/weather, failure of usual source of supply, materials or labor; accidents, product delay, or any other difficulties. Camerich México will be relieved from responsibility for delay or failure of delivery arising from any above named causes.
It is Camerich’s policy to ship in full unless otherwise specified. Below lead time quoted are only estimates and cannot be guaranteed. For orders going to Canada please add an additional two weeks. Do note that customs inspections may cause unforeseen delays. Canadian clients are responsible for clearing customs and all custom charges.
1. Stocking Program
a. Delivery: México distribution facility
b. Lead Time: ship out of México distribution facility in two weeks
2. Container Program
a. Production Time: 4 weeks
b. Lead Time: 4 weeks production + 4 to 6 weeks transit
3. Special Orders
a. Delivery: México distribution facility
b. Lead Time: ship out of México distribution facility in 10 to 12 weeks
12. Product warranty
Camerich provides a ten year warranty on the structural frame of our furniture. The structural frame refers to the wooden or metal frame of a sofa, bed, or lounge chair. We warrant that this be free from defects in materials and workmanship under normal use for a period of ten years from the date of receipt of furniture. Camerich provides limited warranty on Fabrics, Leathers, Foam, or Feather to be free from defects in materials and workmanship under normal use for a period of one year from the date of receipt of furniture. This limited warranty does not apply if products have been altered, modified or have been subject to abnormal use, misuse, neglect, and does not extend to damage caused by shipping, accident, abuse, cleaning, or normal wear and tear, and is limited to repair or replacement of defective Products at the sole discretion of Camerich. Warranties do not apply to COM (Customer Own Material), COL (Customer Own Leather) orders, or other customized pieces.
This limited warranty supersedes all inconsistent provisions of any and all purchase orders, invoices, acknowledgements, or other writings or statements written or otherwise. Camerich disclaims all other express or implied warranties and product liability, and representation or warranty, express or implied, as to the condition, value, design, operation, suitability, no infringement, merchantability, or fitness for any particular purpose of the products or any part thereof and any implied warranties arising from statute, trade usage, course of dealing, or course of performance. Purchaser shall not offer to its customers any warranty for the product other than the warranty above.
Camerich will endeavor to maintain the colors and shades of any products but does not guarantee that there will not be differences in colors, shades, or texture from the catalogue, sample swatch, or from one shipment to another. Camerich cannot ensure accuracy of color, grain, or other characteristics.
13. Transfer of property
Camerich shall remain the owner of the goods until the invoice has been paid in full by the Purchaser, even in cases of additions and/or modifications to the originally delivered products. The purchasing company is authorized to sell the goods to third parties in accordance with its normal line of business; however; in this case price of the resold goods must be settled in advance with Camerich.
Camerich name
Under no circumstance can any Camerich products be sold or represented as product of another brand. Any dealer wishing to utilize the Camerich brand, copyrighted materials, logos, references, or other Camerich produced materials for the purpose of advertising the sale of Camerich products in newspaper, on radio, TV, internet, or magazine, must maintain an actual physical retail location in which Camerich products are clearly displayed and sold.
Minimum advertised price
All dealers are required to respect the MAP, (Minimum Advertised Price), over the Internet, e-mails, telephone, and any other material. Camerich’s MAP for the internet, advertisement, or any printed material is the full Suggested Retail Price. Camerich’s MAP for any signs or display in your physical store, or verbally over the telephone is -20% off the Suggested Retail Price.
E-Commerce restrictions
In efforts to create an even playing field and protect and uphold the long term representation of the Camerich brand, Camerich has authorized E-commerce for a limited number of closely monitored partners. E-Commerce without prior authorization by Camerich México is strictly prohibited.
However, Camerich understands and supports all authorized dealers’ use of the Internet as a means of communication with, informing, and attracting customers to their physical stores. The following requirements apply with regard to including Camerich products, trademarks, and brand signature of your store’s website. Authorized Camerich dealers may do the following:
-Advertise via the internet that Camerich products are available at your specified physical location
-List only the full Suggested Retail Price
-Provide images and information on your store website about Camerich products you carry
-List Camerich in search engine titles, mega keywords, or meta descriptions as long as your store name is included or the
disclaimer “unofficial site” is attached
-Display the Camerich logo and other trademarks with your company logo displayed more prominently.
Intellectual property usage
Any dealer that intends to utilize Camerich brand name, Camerich copyrighted materials, logos, references, or other Camerich produced materials for the purpose of advertising the sale of Camerich products must do the following:
1) Sign this Terms and Conditions (thereby acknowledging that you understand the Camerich policy listed here)
2) Submit all advertising materials that include Camerich brands or copyrighted materials to be reviewed and approved for
accuracy (correct trademark and logo usage, etc.) to Camerich Marketing Department
