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Terms and Conditions

Terms and Conditions

Introduction

Maria Yee, Inc. (MYI) is dedicated to providing the finest possible product and service. The price book provides all the information necessary to order a product correctly and efficiently. In case additional help is needed, please email info@mariayee.com.

Product specifications, availabilities, and prices subject to changes without notice.

Terms

All sales offers and acceptances are expressly conditioned on agreeing to and abiding by these terms. Customer’s submission of an order through the MYI website OR signature on a MYI price quotation or submission of any email or other written document referencing the quotation shall constitute customer’s acceptance of the MYI quotation and these terms. All terms or conditions that are in any way inconsistent with or are in addition to or different from these terms are hereby expressly rejected. Without limiting the generality of the foregoing, nothing contained in any purchase order or similar document will in any way modify or add to these terms.

Pricing

All prices are FOB San Jose, California, USA.

1. Stocking Dealers and Retailers
Per agreements

2. Designers
Please register at www.mariayee.com.

3. Retail Customers
Prices are as listed on the website

Orders

Orders are accepted via the MYI website or in written form via email or fax. All orders require email or fax confirmation.

Order Changes

MYI reserves the right to refuse order changes after order is confirmed. Reasonable order changes are subject to additional charges. Order changes may result in re-scheduling of ship date.

Order Cancellations

Orders may not be changed or canceled if the item is in production or shipped.

1. Items from inventory
   a. No cancellation charge within 5 business days of the order confirmation date
   b. 25% cancellation fee of the cancelled dollar amount beyond 5 business days of the order confirmation date

2. Items made for the order
   a. No cancellation charge within 5 calendar days of the order confirmation date
   b. 50% cancellation fee for the cancelled dollar amount beyond 5 calendar days of the order confirmation date.

Payment

For retail customers, full l payment is required with order placement. MYI accepts only credit cards for online orders.

The following information is for Stocking Dealers and Retailers and Designers: Visa, MasterCard and American Express credit cards are subject to processing fees. MYI reserves the right to establish or alter credit limits and terms, to delay shipment of orders or to require alternate terms and conditions based on the customer’s payment history and financial condition. Without limiting the generality of the foregoing, if failure to pay or when financial condition becomes impaired or unsatisfactory to MYI, MYI may require satisfactory security and may withhold further deliveries until such security is received. Any amount payable that remains unpaid after the due date will be subject to a late charge equal to the lesser of one and one-half percent (1.5%) per month or the maximum rate allowable by law from the due date until such amount is paid. Customer will reimburse MYI for reasonable attorneys’ fees and any other costs associated with collecting delinquent debts. There will be a $50 charge for bounced checks.
N.B. Product earmarked for customer with delinquent account may be released to fill other orders if payment is not made within a reasonable length of time.

Taxes

All product prices are exclusive of all taxes. Tax amount is calculated at checkout time. Customers are responsible for and will pay all applicable taxes.

Return Policy

Please see Shipping and Handling for returns of freight damage, shipping error or defective products. For non-defective products, returns are accepted only with MYI issued Return Authorization. Customers must contact MYI within 5 days of delivery to begin the return process.

1. Items shipped from inventory
25% of the purchase price is charged as a restocking fee, plus charges for any repairs required.
Customers are responsible for the freight to San Jose, CA.

2. Items made for the order
50% of the purchase price is charged as a restocking fee, plus charges for any repairs required.
Customers are responsible for the freight to San Jose, CA.

Delivery

MYI is not liable for any delay or failure in performance arising out of acts or events beyond its control, including, but not limited to, acts of God, earthquake, fire, flood; acts of Military, Civil, Customs Authorities; embargoes, riots, war, terrorism, labor disputes and strikes, product or supplier shortages, power failures, and interruption of or delay in communications or transportation services or any other causes of like or unlike nature. MYI will make reasonable efforts to communicate the most current and accurate product delivery and inventory information. Delivery dates are estimates only.
MYI may await completion of the entire order and ship all at once or may make partial shipments from time to time at its sole discretion unless customer requests in writing that partial shipments are needed and MYI approves the specific shipping schedule. Additional charges may apply to each partial shipment. Delay of shipments requested by customers must be approved by MYI. Any resultant storage charges will be paid by the customers.

Title

MYI product and packaging are tendered to a transportation company only after passing rigorous quality control inspections. At the hand-over, title to the product is passed to the customer. The transportation company assumes all liability from acceptance of shipment through its delivery. MYI’s liability ceases at the time of shipment.

Liability

In no event shall MYI be liable for any incidental, consequential, special, punitive or indirect damages or for any loss of business, sales or profits, arising from or related to the products or these terms, whether in contract, tort or other legal theory, even if advised of the possibility of such damages or loss. To the extent permitted by applicable law, in no event will MYI’s total liability arising from or related to the products or these terms, whether in contract, tort or any other legal theory, exceed the amounts received by MYI from the customer for the products that are the basis for the liability

Use of Maria Yee, Inc. Trademarks

MYI trademarks are an important part of the MYI brands and business. Customer agrees that any reference to trademarks owned by MYI in print or electronic media will include both the appropriate trademark symbols and note that the trademarks are owned by MYI. Please request MYI in writing for the permission of using or referencing MYI trademarks.

General Provisions

Customer may not assign, delegate, or transfer these Terms or any right or obligation hereunder, whether voluntarily or involuntarily, by operation of law or otherwise, without the prior written consent of MYI, and any attempt by customer to assign these Terms without such consent will be null and void. MYI may assign any of its rights or obligations under these Terms without customer’s consent. These Terms will bind each party and its successors and assigns. If any provision of these Terms is held to be illegal, invalid or otherwise unenforceable, such provision will be enforced to the extent possible consistent with the stated intention of the parties, or, if incapable of such enforcement, will be deemed to be severed and deleted from these Terms, while the remainder of these Terms will continue in full force and effect. This Agreement and all matters arising out of or relating to this Agreement will be governed by the internal laws of the State of California without giving effect to any choice of law rule that would cause the application of the laws of any jurisdiction other than the internal laws of the State of California to the rights and duties of the parties. Except for actions for injunctive or other equitable relief, which may be brought in any court of competent jurisdiction, any dispute regarding these Terms or the products sold by MYI shall be subject to the exclusive jurisdiction of the California state courts in and for Santa Clara County, California, U.S.A. (or, if there is federal jurisdiction, the United States District Court for the Northern District of California), and the parties agree to submit to the personal and exclusive jurisdiction and venue of these courts. These Terms shall be deemed to have been drafted by all parties and, in the event of a dispute, neither party shall be entitled to claim that any provision should be construed against the other party by reason of the fact that it was drafted by the other party. These Terms and any quotation provided by MYI constitute the complete agreement between the parties and supersede all prior or contemporaneous agreements or representations, written or oral, concerning the subject matter of these Terms. These Terms may not be amended or modified except in a writing signed by a duly authorized representative of each party; no other act, document, usage, or custom will be deemed to amend or modify these Terms.

Shipping and Handling

Shipping Fees
For retail customers, all online orders ship for free.
For Stocking Dealers and Retailers and Designers:
(1) No Shipping & Handling fees for freight collect or 3rd party payment if the customer’s freight account is used.
(2) Shipping & Handling Fees are 5% of merchandise for each residential delivery when freight is prepaid by MYI.

Receiving Shipment and Reporting Freight Damage
(1) Inspect all deliveries immediately upon arrival.
(2) Check the merchandise for damage and missing items/quantities in the presence of the driver and note all damages and shortages on the Bill of Lading. If not possible, write “Subject to inspection” on the Bill.
CAUTION: Some transportation companies do not honor “Subject to inspection” claims.
(3) Do NOT refuse delivery because of damage. This will only delay resolution of the problem and may make it impossible to file a claim.
(4) Take photos of the damaged goods, including packaging and other issues.
(5) Do not move the product from the original delivery location. Save damaged merchandise and all packing materials for transportation company’s inspection. These materials will be needed to substantiate the claim.
(6) Notify Maria Yee, Inc. (MYI) as soon as possible and not later than 5 business days after receipt at the ship-to address on record.
      a. For common carrier and blanket services, claims must be filed with the carrier within 10 days of receipt.
      b. FedEx requires shipper to file claims on damages and missing items. Please notify MYI within 48 hours.
      c. Late reports or failure to keep all packaging materials will result in denial of claim.
(7) All products are considered to be in good condition as of delivery and not delivered in error, unless problems are reported within 5 business days of receipt at the ship-to address on record.
(8) No replacements/refunds will be given for products moved or re-shipped from the ship-to address.
(9) All returns require prior Return Authorization (RA) from MYI.

Return for Freight Damage, Shipping Error, or Defective Product
(1) Freight damages or shipping errors must be reported to MYI immediately upon receipt. MYI will correct any shipping error and re-deliver the right product.
(2) “Defects” are defined as flaws in materials or workmanship that will impair the use of the product. Natural materials, e.g., leather, marble, silk, wood, etc., shall not be considered defective due to variations of color or texture. Return products to MYI only after obtaining RA from MYI. Upon finding defect(s) in material or workmanship in any product, customer must report such defect(s) during the relevant warranty period to MYI by emailing orders@mariayee.com. Defective products may be returned to MYI freight prepaid only after obtaining a RA from MYI. If such returned product is determined by MYI not to breach the warranty, MYI will, at its discretion, repair or replace the product free of charge. Replacement or repair does not extend the product warranty period beyond the original expiration date. MYI warranties are limited warranties and are limited to the original purchaser with proof of purchase.

Warranty

Casegood Products Three (3) Year Warranty
Maria Yee, Inc. (MYI) warrants to the original purchaser all products in this price book to be free from defects in material and workmanship for a three (3) year period from the date of shipment. This warranty applies to all products sold by a MYI authorized dealer for normal residential or commercial single shift use, whichever applies.

Components not manufactured by MYI have the following warranty:
Casters/wheels One (1) year
Electrical components One (1) year
Seating pneumatic mechanisms Two (2) year & up to 225 lbs
Textile One (1) year.

Any non-standard material (COM/COL) selected by the customer is not warranted. This warranty does not apply to damage resulting from accident, alteration, misuse or normal wear and tear such as dents, nicks, scratches and fading. MYI only warrants merchandise that has been used under proper care and not subjected to improper maintenance, storage or abnormal conditions.

If any defect is found in material or workmanship in any product, user must report such defect during the relevant warranty period to MYI by emailing orders@mariayee.com. Defective products may be returned to MYI freight prepaid only after obtaining a Return Authorization (RA) from MYI. If such returned product is determined by MYI not to breach this warranty, MYI will, at its option, repair or replace the product free of charge. Replacement or repaired product does not extend its warranty period beyond the original expiration date. MYI warranties are limited warranties and are limited to the original purchaser with proof of purchase.

All warranty claims must be made in writing by the original purchaser. MYI requires the purchaser to produce the invoice or any other evidence to establish that a claim falls within a warranty period. No person, firm or legal entity can assume that MYI has a liability in connection with the sale, purchase or installation of MYI merchandise.
EXCEPT FOR THE ABOVE EXPRESS WARRANTY, MYI DISCLAIMS ALL WARRANTIES WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE RELATING TO THE PRODUCTS OF MYI. THE REMEDIES SET FORTH ABOVE CONSTITUTE THE SOLE AND EXCLUSIVE REMEDY, AND THE SOLE AND EXCLUSIVE OBLIGATION OF MYI, FOR BREACH OF THE WARRANTIES SET FORTH ABOVE.

Wood and Bamboo are Special
Wood owes its inherent beauty to variations in color, grain, texture and natural characters such as pitch pockets. These variations are not considered to be defects. There may be minor variations from one piece of furniture to the next, whether they have been produced and finished at the same time or not. Merchandise will not be replaced because of these natural variations. Exposure to light and the aging process may cause the darkening of natural wood products. Please see the FAQ page to learn more about how to care for your products.

Upholstery Products Limited Warranty
This warranty applies to Maria Yee, Inc’s (MYI) residential upholstery products. The term “upholstery products” refers specifically to MYI upholstery products and has no implication, directly or indirectly, to any MYI casegood products which include, without limitation, upholstered beds and dining room chairs. The term “lifetime” in this warranty is defined as the lifetime of the original cover.

This warranty applies under normal, non-commercial use and terminates in the event of resale. Improper cleaning voids any warranty. Re-covering the frame voids all warranties because in re-covering the frame, some or all components may be changed. This warranty does not cover damage as a result of misuse, abuse, accident, commercial use, institutional use, or shipping damage. Because of the craftsmanship involved and the natural materials used in the manufacturing process, minor variations will occur from piece to piece. Therefore, this warranty does not cover such minor differences between the purchaser’s furniture and: floor samples, printed illustrations, and video or internet displays.

All warranty periods indicated in this warranty begin on the date of the initial shipment to the original retail purchaser by MYI or a MYI Authorized Dealer. This warranty does not cover floor samples or products designated “AS IS” at the time of purchase.

Cushion MYI warrants to the original retail purchaser protection against abnormal loss of resiliency of the upholstered furniture, for one (1) year. Abnormal wear and abnormal loss of resiliency should not be confused with softening and flattening of the foam and fibers, which are considered normal wear, and are not defects.

Fabrics MYI warrants to the original retail purchaser our fabrics for a period of one (1) year against defective material or workmanship as well as unusual wear resulting from normal residential use and care. This warranty does not cover wear, fading, shrinkage, or stretching, which can occur with normal use of most fabrics. If you choose to have fabric protection or other chemical treatments applied to your purchase, most have their own warranty, which will replace and void this warranty. Fabric damage or failure due to aforesaid chemical treatments, heavy soiling, or improper cleaning are not covered.

Filling Materials MYI warrants to the original retail purchaser protection against loss of resiliency of filling materials for one (1) year. Compressing of polyester with use is not considered loss of resiliency. From time to time, your upholstered furniture will need “fluffing up” as any upholstered furniture should be maintained with use.

Frames and Springs MYI warrants to the original retail purchaser protection against manufacturing defects of frames and spring for the lifetime of the product.

LeatherMYI warrants to the original purchaser our leather for a period of one (1) year against defective material or workmanship as well as unusual wear resulting from normal use and care. This warranty does not cover normal wear, fading, color change, shrinkage, wrinkling, or stretching, which can occur with normal use of most leather. As a natural material, leather displays the following natural characteristics which are not considered defects: wrinkles, insect bites, scratches, healed scars, color variation, surface variation, and other natural features. These natural characteristics contribute to the uniqueness of each piece.

Seams MYI warrants to the original retail purchaser our seams to be free of defects due to faulty workmanship for a period of one (1) year under normal residential care and use. Our seams are reinforced by using the latest technology in sewing. Any defects in workmanship should appear within the first year of usage.