Merge Works hereafter referred to as “Company” maintains the rights to affect, change, or discontinue product at any time without prior notice. This right to change applies to catalog contents, price lists, materials, fabric or finishes, as well as details and dimensions.
New accounts require an Account Application complete with credit references, a valid tax exempt or resale certificate where applicable and the approval of Company sales representative. For quicker order processing Company accepts MasterCard & Visa. There is a 2.5% convenience fee for credit card processing.
Every order is acknowledged to the buyer and orders will be manufactured and invoiced based upon the information on the Acknowledgement. If there is any discrepancy, please notify Company immediately. Orders are accepted by Company per terms on the Acknowledgement and shall be subject to the Terms and Conditions set forth in its Acknowledgment and Invoice, notwithstanding any variance in terms and conditions set forth in the customer’s order forms.
All Acknowledgements contain an estimated shipping date. Your order may ship prior to the estimated shipping date, depending on the back-log at the time. If you do not want the merchandise earlier than the specified date, please write “Do not ship for arrival prior to______“ on your purchase order.
Orders entered and acknowledged cannot be changed or cancelled without Company’s consent. Any subsequent change is subject to incurred costs and to Company’s ability to secure materials and labor. Company reserves the right to increase the acknowledged price, if such a change warrants any extra charge.
The cancellation of orders before production has begun is governed by Company’s ability to conform, and a service fee may be imposed at its discretion. Once production has begun, neither standard nor custom orders are subject to change or cancellation.
C.O.M. Fabric Requirements
Fabrics must be approved for upholsterability and flammability prior to acceptance of an order. Upon approval, a 4” square sample swatch must accompany the order. Company assumes no responsibility for wear, defects or performance of customer’s own fabrics or vinyl.
Orders will ship in accordance with Company’s acknowledged shipping dates. If customers cannot accept delivery on this date or before, Company reserves the right to arrange for storage at the customer’s risk and expense.
Terms of Sale
Terms are strictly Net 30 Days from date of invoice. A deposit of 50% of the net order value (excluding installation, freight or taxes) is required prior to the commencement of work. Prepayment or an irrevocable letter of credit may be required in certain circumstances. All Orders are payable in U.S. dollars and do not include taxes or installation.
Freight, broker fees and duties are included on all orders over $2,500 net that are paid within Terms. Orders under this amount will be subject to a freight charge of $100 for U.S. orders and $150 for Canada orders which will cover freight, broker fees and duties. Freight is for normal dock-to-dock delivery. Air freight, inside delivery, lift-gate service, residential & Noncommercial delivery, etc. are subject to additional charges. All accessorial charges not requested on purchase order will be the responsibility of the consignee.
MergeWorks is focused on maintaining high margins for our Dealer network, promoting fair competition across all distribution channels and maintaining brand identity and value. MergeWorks has an established Minimum Advertised Price (MAP) of 35% off List Price for any advertised MergeWorks product. MAP applies only to advertised prices and does not apply to the price at which the products may be sold. Failure to comply with the MAP Pricing Policy may result in the immediate loss of Authorized Dealer status.
All freight, taxes and export fees are the purchaser’s responsibility. When ordering from Company, the recipient is the importer of record and must comply with all laws and regulations of the destination country. The recipient of an international shipment may be subject to such import taxes, customs duties and fees, which are levied once a shipment reaches your country. Additional charges for customs clearance must be borne by the recipient; we have no control over these charges and cannot predict what they may be. Customs policies vary widely from country to country; you should contact your local customs office for further information. When customs clearance procedures are required, it can cause delays beyond our original delivery estimates.
Freight is prepaid on all shipments unless special arrangements have been made otherwise and allows for normal ground transportation. Company reserves the right to ship by what is in its opinion the “best way” method and means. Company is not responsible for delays in shipment, caused by unavoidable accidents, strikes, riots, damage to or destruction of plant or part of plant essential to the production of materials covered by an order or any act of God. And no claim for loss or damage shall be allowed in consequence thereof.
Company’s responsibility ceases when it turns the shipment over to the carrier. If the goods are damaged by the carrier while in transit the buyer has the sole responsibility of seeking any appropriate recourse against the carrier. All shipments should be carefully inspected by the consignee before acceptance, and the delivering carrier should be requested to record any damage or shortage. If damage is found after delivery, keep all packaging materials for inspection and immediately contact the carrier and schedule an inspection. Claims must be filed within 14 days of receipt of shipment. Carrier liability ceases after this time.
Defects and Shortages
All claims must be reported in the first thirty (30) days after delivery of shipment.
Unopened Shipment Damage Claims
Neither Company nor the carrier will be responsible for concealed damage claims if shipments are left unopened.
Notification of concealed damages must be made to the delivery carrier within 14 days after delivery of shipment.
Merchandise may not be returned without Company’s prior written consent. Authorized return merchandise is subject to a handling and restocking charge. All freight charges must be prepaid on return shipments or they will not be accepted. Damaged materials and build to order items cannot be returned under any conditions.
Company warrants that your new Product is free from defects in materials or workmanship, subject to the limitations, exclusions, and other provisions as detailed on Company Warranty.