Order Terms & Conditions

PRICING:

All price lists reflect standard products only. Customs/Specials will require a specific quotation. Prices and specifications are list prices effective with the date printed on the cover and supersede all other published price lists.  SurfaceTech reserves the right to change prices or specifications without prior notice. All Pricing is per SurfaceTech construction standards, and we reserve the right to alter our product design for the purpose of construction improvement, without notification. Weights and measurements are approximate and subject to change without notice. Prices are valid per the proposal expiration date.

 

PLACEMENT OF ORDERS:

Please submit all orders in writing and fax, email, or forward them directly to the factory. Issuance of a purchase order constitutes acceptance of the SurfaceTech listed “Terms & Conditions” and SurfaceTech is authorized to procure materials and proceed in manufacturing.

  1. Each page of the contract/proposal should be initialed, then signed and returned or issued a Purchase Order referencing the proposal #.
  2. Process deposit and final payments via credit card, wire, check, and remit to SurfaceTech
  3. Project timeline/ship date/responsibility schedule will be provided upon receipt of receiving above #1 & #2.

Send ORDERS to:

SURFACETECH
Attn: Customer Service
4881 Perry Worth Rd
Whitestown, IN 46075

800.915.8890
contactus@surfacetech.com

Send DEPOSITS / PAYMENTS to:

MAIL TO: SurfaceTech – 4881 S. Perry Worth Road-Whitestown, IN 46075 – Attention: Credit Department – Fax: 317-360-8915

ACH / WIRE-BANK WIRE INFO: Remit to SurfaceTech c/o First Merchants Bank, Muncie IN 47308-0792-Swift Code: FMECUS33 – Routing #074900657-Account #: 101242390

CREDIT CARDS: We are happy to accept VISA, MASTERCARD credit cards. If used, a processing fee of 3% will be added to the total transaction. Contact Customer Service for a credit card authorization form.

 

DUPLICATE ORDERS

If an order is to match a previous shipment, it must be clearly stated on the order. Please supply the original invoice number and date. A sample product from the original order may need to be submitted to the proper factory to ensure uniformity of finish and construction. Periodically materials are discontinued by our suppliers and requested materials cannot be supplied. In such an event, the customer will be notified and when possible, provided with an option similar in material to the original order.

 

TERMS

The customer will be liable for any costs incurred in attempting collection of past due amounts, including collection and/or attorney’s fees. Past due accounts are subject to a 1-1/2% late charge for each month on all invoices past due. A deposit is required of fifty percent (50%) of the total balance including product, installation, sales tax, and freight. This deposit is required to begin production of the order. All new customers are required to remit 50% of the invoice amount with the placement of the purchase order, with the remaining balance due before the merchandise is released for shipment. Credit terms may be established for standard products subject to SurfaceTech Credit Department approval including the completion and signing of our Credit Application Form. Final invoicing will occur when the order is 100% complete in manufacturing and established account terms will apply. The manufacturing schedule will be based on the acknowledged ship date established at the time of order entry. Alterations/changes to the established ship date will be accepted up to fourteen business days of the ship date. Changes occurring less than fourteen days from the ship date may be subject to handling charges. If an order does not ship on the original scheduled ship date, it may be subject to handling and/or storage fees and/or be fully invoiced.

 

ACKNOWLEDGMENTS

An order acknowledgment will be made for each order and indicates final production specifications. The purchaser is responsible for reviewing any acknowledgments for accuracy of information. The purchaser has 48 hours to confirm or correct information of their Purchase Order and acknowledgment, or the order will be processed as acknowledged. SurfaceTech is released from responsibility for any information discrepancies the purchaser has not corrected. Inaccurate information may delay your order. It is the responsibility of the purchaser to provide all information in a timely manner, or their order may be delayed. Issuance of a purchase order constitutes acceptance of the SurfaceTech listed “Terms & Conditions” and SurfaceTech is authorized to procure materials and proceed in manufacturing.

 

FREIGHT / SHIPPING

Prices are F.O.B. Origin, Freight Prepaid and Add, unless specifically listed on the proposal. Products shipped are for normal delivery only and do not include expedited shipping, inside delivery, lift gates, installation, unpacking or the removal of cartoning materials Final freight rates are determined at the time of shipment. It is the responsibility of the purchaser to pay all shipping rates and ancillary fees (liftgate, appointment delivery, reconsignments, etc.) for their purchase.  Adjustments to final invoicing may occur if freight costs increase. Any request for carrier “pre-delivery” notification should be noted on the original purchase order. SurfaceTech reserves the right to ship via the most appropriate carrier and/or routing on all shipments. If the customer specifies a carrier, other than a pre-approved carrier, freight will ship collect or 3rd party bill at the customer’s expense via the designated carrier. Any additional costs related to post-shipment issues such as reconsignment charges, storage charges, etc., will be the responsibility of the customer. Contact Customer Service for assistance with International shipments.

 

LEAD TIMES

Lead times are established at the time of order entry. Lead times may vary depending on the scope and/or complexity of the project. Lead times are given based upon receipt of deposit, COM material, approval drawings and/or finish samples if required and will be communicated by Customer Service. Acknowledged ship dates are based on current and expected manufacturing capabilities and are approximate. SurfaceTech reserves the right to revise its acknowledged ship date and assumes no liability for consequential damages due to delays. Occasionally substitutions are necessary to ensure on-time deliveries. SurfaceTech reserves the right to make appropriate substitutions to any products and materials that are controlled by outside vendors. Every possible precaution will be taken to avoid substitutions. The Purchaser will be contacted immediately if a substitution is required.

 

CANCELLATION/CHANGES:

Orders may not be canceled or changed without the written consent of SurfaceTech corporate office. Products are NOT returnable. Orders cannot be canceled after signature and/or submission of this form and/or issuance of a purchase order without written authorization from the company. This contract is not assignable. The “Bill To” party listed above is responsible for payment of invoice. Any shipment placed on shipping hold, either by customer’s request or due to balances owed on this order, will be manufactured per the originally scheduled ship date. See Storage Policy for fees. Any manufactured order held by our factory over three weeks will be billed and must be promptly paid even though shipment is held. No salesperson or representative has the authority to cancel any open order, change or alter any provisions or prices.

 

STORAGE POLICY

Once production has commenced (based on original ship date/delivery date requirement), we will provide our customer with a 3-week grace period during which customer will not pay storage fees, commencing from the time our product is currently scheduled to be ready for shipment. In the event that a customer requests a ship date/delivery date delay outside of the 3- week grace period, storage charges may be applied to the order. The storage charge is 1.5% (product lines only) of the price of products stored. After one month, the rate will pro-rate to weekly. Due to handling, there is a minimum storage charge amount of $350.00 for the first month and $150.00 for each additional month.

 

TAXES

SurfaceTech requires a state resale/exemption certificate on file in our main office on any product sold that is not charged sales tax sales that SurfaceTech is registered in that state to collect sales tax. In registered states without an exemption certificate, the order will be charged the appropriate sales tax required by law. If during the time of this proposal and actual order shipping the tax state rates change, then the invoice amount will be adjusted accordingly. If product ships to a non-registered state, then no state and/or local taxes will be collected by SurfaceTech for this order. In this instance the purchaser is responsible to remit any taxes (if not tax exempt). The customer agrees if requested to supply SurfaceTech with proof of payment in a reasonable time frame.

 

FREIGHT CLAIMS

Unless otherwise agreed in writing by customer and SurfaceTech, all orders are F.O.B. Origin, Freight Prepaid and Add, with title and risk of loss or damage passing upon the order being picked up by customer or customer’s agents or carriers at the Origin. While we will do everything possible to ensure your order arrives in good condition and on time, we cannot be held responsible for freight damage or delays. The consignee (buyer) must inspect all merchandise upon arrival for visible or concealed damage. The consignee (buyer) must identify and document loss and/or damage carefully. Do not sign the delivery receipt until the visual inspection is complete at the time of delivery. All shipping units should be opened and inspected for concealed damage. Failure to complete a thorough inspection upon delivery may prevent the buyers’ claim of damages and all liability will transfer to the buyer.

Visible Damage
Should you receive any portion of a shipment in damaged condition, either apparent or concealed, it is the duty of the consignee (buyer) to note the details of any suspected damage on the carrier’s delivery receipt. Damaged freight cannot be refused by the consignee (buyer). Refusal to accept merchandise from the carrier does not relieve the buyer of responsibility for payment and may incur additional charges.

At the time of delivery, the consignee (buyer) must proceed as follows.

  • Open any shipments that show signs of loss or damage while the driver is present.
  • Examine the contents with the driver.
  • Record an exact, detailed description of the results of the examination on the delivery receipt. Avoid general or generic terms such as “box damaged” or “torn”. This type of notation does not provide adequate support for your claim. Note: If damage is not noted on the delivery receipt, the carrier is no longer responsible for damages or shortages.
  • Call the carrier immediately to request an inspection and freight claim instructions.
  • Do not install damaged products. All damaged products and packaging must be retained until the carrier has completed their inspection and the freight claim is settled. Failure to retain damaged product and packaging will result in a transfer of all liability to the customer.

Concealed Damage
If you discover concealed loss or damage after you have given the freight carrier a clear delivery receipt, proceed as follows.

  • Keep the shipment (containers and contents) in the same condition that they were in when the damage was discovered.
  • Notify the carrier within 5 days of the date of delivery.
  • Do not install damaged products. All damaged products and packaging must be retained until the carrier has completed their inspection and the freight claim is settled. Failure to retain damaged product and packaging will result in a transfer of all liability to the customer.

Damage Claims
Claims for damaged or lost freight must be processed with the carrier and not with SurfaceTech. The buyer has the sole obligation of seeking recourse against the carrier. At no time may claims be deducted from our invoices.

Replacement of Damaged or Loss Merchandise
Contact Customer Service for assistance or to initiate a replacement order.

 

INSTALLATION TERMS

All prices are based on Non-Union Installation labor.  SurfaceTech cannot be bound liable for any delays and/or additional costs created by a local union and/or site readiness.  SurfaceTech will make every effort to verify the job site readiness; however, if the site is deemed not ready for installation, then SurfaceTech. cannot be held liable for schedule delays and may require reimbursement for additional time/costs. Changes to the scheduled installation date may affect SurfaceTech’s ability to offer installation services on a project.

 

WARRANTY

Refer to SurfaceTech warranty terms on the website. The warranty on products not manufactured by SurfaceTech (including without limitation upholstery material) is not covered by SurfaceTech, but is governed solely by the guarantees or warranties, if any, of the manufacturer. SurfaceTech will replace or repair defective products covered by this warranty during the above, stated periods, provided the customer notifies SurfaceTech within 14 days of the discovery of a defect and the product is returned as directed. In no event shall liability under this warranty exceed the original product purchase price. No deductions for repairs in the field will be allowed without specific written authorization. This warranty does not apply to products damaged by accident, abuse, neglect, or misuse, nor does it apply if repairs are attempted by the Purchaser or by anyone other than an authorized SurfaceTech employee. This warranty replaces all other warranties, expressed or implied, and we neither assume nor authorize any person to assume for us any other obligation of liability in connection with our products.

Note: Warranty may be voided if proper maintenance procedures are not followed.

 

COM / CUSTOM FINISHES

Please be advised that receipt of any COM/COL or custom finish approval must arrive a minimum of 30 working days prior to the scheduled shipment date or the actual ship date may be extended. Contact Customer Service for exact shipping lead times at 800.507.0054, press #1. Customer’s Own Material COM should be shipped prepaid.

Please mark all COM orders

Attn: Production Control Dept
Project Name: ______________________________________
SurfaceTech Order number: (listed on your acknowledgment)

Send to:  SURFACETECH
4881 Perry Worth Rd. 
Whitestown, IN 46075

800.915.8890

In the absence of specific written instructions accompanying the order, fabrics will be cut, seamed and applied at our discretion.  An additional fee may be assessed for COM or COM materials that are deemed a typical should additional labor be required to cut, sew and/or match said materials.  While we inspect fabrics for mill imperfections, some are difficult to recognize. As such, we cannot be responsible for defects, color inaccuracies, dye lot variations and other flaws and suggest that our customers inspect fabrics before furnishing them.

Polyurethane fabrics and other PVC-free materials may be susceptible to “puddling” or comfort wrinkles over time.  This is due to the inherent properties of the fabric and not an indication of inferior upholstery techniques.  Please keep this in mind when selecting fabrics for upholstery. SurfaceTech manufactures all of its upholstery products to comply with fire resistance per California Technical Bulletin #117-2013 (Cal TB 117-2013). If Customer’s Own Material (COM) is specified, SurfaceTech is not liable for said COM fabric’s non-compliance with Cal TB 117-2013. If compliance to TB133 is required, please notify customer service at the time of quoting prior to ordering.  Fabric Application COM fabric is cut “up the roll” as a standard cutting procedure (see chart below).  Customer must specify that the fabric be cut in another direction (i.e., “railroaded”). It is imperative that all COM fabrics sent be “backed” with, at minimum, an acrylic or similar backing.  We cannot be responsible for stretching fabrics that are not backed subsequent to the upholstery process. Additionally, we cannot be held responsible for the appearance, behavior, quality or performance of any COM as well as COM’s that are rolled reversed by the fabric supplier.  The application of patterned fabrics on curved seating units will be stitched to match pattern requirements. Geometric, linear, and striped fabrics will be stitched together to provide the best match.  Additionally, due to varied stretch properties among fabrics, slight wrinkling or puddling may occur.  Contact our Customer Service department for any concerns regarding upholstery selections. Use the chart below to determine the necessary additional yardage for both directional fabrics and narrow width fabrics. If you are using a printed or striped fabric with a repeat, use this table:

Fabric Repeat                             Increase COM Requirement by:

4.9″ and under                                              0%

5″ — 10.9″                                                     12%

11″ — 15.9″                                                   18%

16″ — 20.9″                                                   25%

21″ and over                                                  40%

Yardage requirements may be less than indicated on large quantity orders.  Contact Customer Service with specific order quantities for the exact yardage required. If you are using a plain fabric less than 54″ wide or a pattern that will be applied railroaded, contact Customer Service for assistance, as additional yardage may be required.