TERMS & CONDITIONS
The terms and conditions set forth herein represent an offer by Oak & Tenon to sell product to the purchaser. The purchaser’s acceptance of an Oak & Tenon sales order acknowledgment or invoice is an acceptance of the terms and conditions herein. In the event that the terms and conditions of an order are contrary to the terms and conditions indicated herein, these terms and conditions shall supersede any inconsistent or contrary terms and conditions indicated on the actual order or any other document supplied by the purchaser. A waiver of any one term or condition shall not be deemed a waiver of any other term or condition.
Written orders received from the purchaser with all the correct information will be acknowledged by Oak & Tenon in writing. Oak & Tenon reserves the right to reject any order, refund any deposit and return any Customer’s Own Material (COM) freight collect. It is the responsibility of the purchaser to advise Oak & Tenon in writing of any errors or discrepancies in the sales order acknowledgment within five (5) days of the receipt of the acknowledgment by Oak & Tenon. Changes to an order are subject to additional charges for materials, labor and other related costs and the order will be held until written confirmation from the purchaser is received. All furniture is subject to minor changes in details from the specifications noted as it applies to hardware, finishes and other minor upholstery details.
Oak & Tenon requires a deposit of 30% of the total price for all orders except Custom Kitchens and Custom Built-Ins. Custom Kitchens and Custom Built-Ins require 50% deposit of the total. Orders received without a deposit will be held pending the receipt of the deposit payment. All payments must be received from the purchaser as identified In the purchase order. No third party payments will be accepted, unless approved in writing by Oak & Tenon. Acceptance of third party payments is an accommodation and does not create any relationship between Oak & Tenon and the third party.
A service fee of 1.5% per month will be applied to orders that remain unpaid after (30) days of being invoiced. Canceled orders are subject to a cancellation fee. Acknowledged orders canceled prior to entering production are subject to a fee in the amount of 20% of the total purchase price. Orders canceled thereafter will be subject to a larger cancellation fee determined at the sole discretion of Oak & Tenon. The purchaser agrees that the cancellation fees compensate Oak & Tenon for the reasonable estimate of losses on the canceled order. Any order not shipped within 10 days of notification of completion is subject to a $10.00 per day, $50 minimum, and storage fee.
Prices are subject to change without notice after an order has been accepted. Oak & Tenon reserves the right to change prices based on changes in quantities or total value of previously provided contract quotations, changes in orders from the purchaser and to correct pricing on orders received which contain modifications from the original order. Unless otherwise Acknowledged in writing, prices include carton packing, but, do not include freight or delivery, in-transit insurance, storage, service, taxes, receiving or installation.
Oak & Tenon reserves the right to make minor changes in furniture design, dimensions and other materials without prior notice. Oak & Tenon products are handcrafted and can have minor variations. All dimensions can have slight variations. Wood finishes can vary from samples and exact matching is not guaranteed.
ABANDONMENT & COLLECTIONS
Merchandise not paid for within 90 days of invoice will be considered abandoned. In addition to any other remedy, Oak & Tenon shall be entitled to liquidate the merchandise, retain all deposits and apply such proceeds to the unpaid invoiced balances. The purchaser is liable for any collection, legal fees and expenses incurred in the collection of unpaid invoices and any storage or related fees.
Custom quotes must be reviewed by Oak & Tenon for suitability before it is accepted into production. Oak & Tenon reserves the right to reject custom requests. Oak & Tenon also reserves the right to make changes which relate to product structural integrity without notice.
CUSTOMER’S OWN MATERIALS (COM)
Production will not begin on any item requiring any type of fabric, leather, trim or cords supplied by the purchaser until ALL the materials for the item ordered have arrived, been identified and inspected. Oak & Tenon assume all COM received have been inspected and are ready for use. The purchaser is responsible for ensuring that all materials are identifiable when received. The purchaser takes responsibility for the wear-ability, safety, or fire code validity of the materials supplied by the purchaser. Oak & Tenon takes no responsibility for the selection of materials chosen by the customer. Oak & Tenon warranties does not extend to customer materials supplied by the purchaser. All COM defect related claims are the sole responsibility of the Customer and Material’s vendor.
Delivery dates and lead times are estimates only, based on production schedules at the time of the order, and are subject to change. Production cannot begin and lead times cannot be calculated until the acceptance of the order by Oak & Tenon which includes: receipt of the required deposit; receipt of all COM; and confirmation of any changes, modifications or approvals to the original order. Oak & Tenon shall not be held responsible for any delays in production, or any costs related to late deliveries.
All claims for workmanship defects, shortages and errors must be made within (2) days, after receipt of the merchandise to email@example.com. Any repairs or claims must be documented in writing accompanied by photographs and sent to Oak & Tenon. Payments will not be made for any unauthorized repairs. Failure to make a claim within two (2) days after receipt of the merchandise constitutes acceptance of the merchandise and a waiver of claims.
Oak & Tenon is not responsible for any freight related claims, but will assist the purchaser, if possible. All merchandise is inspected before shipping. Third party shippers have sole responsibility for any damage, loss or shortages incurred during transit. Purchasers or their receiving warehouses must inspect the items upon arrival and make claims for any damage, loss or shortages directly to the carrier. Purchaser or their receiving warehouse should retain all packing materials of damaged items until the claim is resolved.
No merchandise can be returned to Oak & Tenon without its written consent. Unauthorized returns will be reshipped to the location of origin freight collect. Claims resulting in lawsuits must be filed with the court of competent jurisdiction.
FREIGHT & SHIPPING
Oak & Tenon will ship furniture items prepaid and billed, via furniture specific carriers that accept shrink-wrapped freight, as a service to the purchaser. The normal delivery times are 3-14 business days. This time may be extended if the delivery is going to a remote location. Once an item has left the facility, we can track the shipment, but have no control over the transportation of the goods. Purchasers can select their own carriers. However, Oak & Tenon has no responsibility for tracking other carriers’ shipments or assistance in any freight related claims. Information for carriers, other than those offered by Oak & Tenon, must be identified on the purchaser’s order including; the carrier’s name, address, contact information and phone number. Freight rates are subject to change due to carrier price changes and fuel surcharges. Our prepaid freight is based on cubes or weight, not value. In shipping dock to dock, the carriers will only deliver to a professional receiving/delivery service. All furniture should be unpacked, examined and repacked before delivery to the end user. Oak & Tenon is not responsible for furniture that is not properly repacked. All orders must be paid in full and have an outstanding invoice balance of zero dollars prior to freight & shipping.
IN HOME DELIVERY
In most cases, items can be shipped directly to the end user by an In Home Delivery service. They will place the furniture into the customer’s home. They will not remove doors or move other furnishings in the home. Be sure the furniture ordered will fit into the delivery location. If the delivery is deemed difficult, the customer may be asked to sign a damage waiver for the items being delivered.
The customer should inspect the goods immediately upon arrival, and if there is damage or a defect noticed, the delivery should be refused as there is no recourse against the In Home Delivery service once the items are accepted.
In Home Delivery may extend the estimated delivery time for several weeks, especially if the delivery location is in a remote area. Contact Oak & Tenon to provide a quote for an In Home Delivery. All orders must be paid in full and have an outstanding invoice balance of zero dollars prior to in-home delivery service.
LIMITATION OF LIABILITY
Oak & Tenon liability for any claim of any kind, including loss or damage resulting from or in connection with the manufacture, sales, delivery, resale, repair or use of any item covered by or supplied under these terms and conditions of sale shall in no case exceed the price of the item which gives rise to the claim. In the case of a dispute, all matters shall be resolved under the laws of the Province of Ontario. Any action for breach of this Agreement must be made within one year after the sale.
We offer a (1)Manufacturer’s lifetime warranty against defects on all casegoods except dining and office chairs. Should the furniture fail structurally at any time during the lifetime of the original owner, because of workmanship or material, we will repair or replace it at our discretion.
Oak & Tenon offers a Five Year Manufacturer's Limited Warranty against defects on the following: dining chairs, office chairs, Kitchens, Built-ins and finishes. Should these items fail within five years of purchase due to manufacturing defects, we will repair or replace it at our discretion.
This warranty does not apply to fabric or leather supplied by Oak & Tenon or the customer. Warranty does not apply to customer damage, alteration or accident. Seasonal wood movement on wood products is normal and is not considered a warranty issue.
The Oak & Tenon’s warranty period begins from when the purchaser receives the furniture. Original sales receipt must be submitted via email to firstname.lastname@example.org or in writing to Oak & Tenon 7250 Keele St, Unit 75, Vaughan Ontario L4K 1Z8. Once claim is received, it may be necessary for Oak & Tenon to arrange for inspection of your furniture to determine whether or not a manufacturing defect exists.
The limited lifetime warranty on structural or manufacturing defects in wood furniture products, which includes dressers, beds, tables, desks, bookcases, etc., is for the lifetime of the original purchaser. Seasonal wood movement on all wood products and checking on veneer tops are normal and are not considered warranty issues.
Dining Chairs and Office Chairs
The limited warranty on Dining Chairs and Office Chairs is five years from the time you receive the product in your home. *(excluding fabric or leather coverings which are not warranted)
The limited warranty on Oak & Tenon finishes is five years from the time you receive the product in your home.
The limited warranty on hardware and devices such as tracks, door hinges, struts, handles etc. are subject to the manufactures warranty of that hardware. (excluding fabric or leather coverings which are not warranted)
Upholstery & Leather
Oak & Tenon offers a comprehensive warranty on our upholstered products, with the understanding that upholstered furniture is inherently more prone to wear and tear from normal household use than solid wood furniture. The limited warranty on cushion cores and spring units is five years from the time you receive the product into your home. Fabrics and leathers are not covered by this warranty.
Fabrics and leather coverings on all Oak & Tenon upholstered furniture, provided and applied by Oak & Tenon or the customer, are not covered by this warranty.
LIMITATIONS AND EXCLUSIONS
The following will limit or exclude coverage under this warranty:
Place of Purchase
This warranty protects you only when you purchase Oak & Tenon furniture from Oak & Tenon or an Authorized Oak & Tenon Dealer.
This warranty applies only when you have purchased the Oak & Tenon furniture for your own normal indoor household use (including use as a gift to another for household purposes) and not for resale or commercial use, which includes rental, business, institutional or other non-residential use.
Improper Care and Use
Your Oak & Tenon furniture requires some routine maintenance to maintain its beauty and structural integrity. Please take care to treat your Oak & Tenon furniture like the fine product it is. Proper care and use are essential to preserving your rights under this warranty. Oak & Tenon will not repair or replace your furniture if improper maintenance or improper use causes damage. This warranty does not apply if your Oak & Tenon product is damaged by the use of detergents, abrasives or other improper cleaning agents.
Accidents, Abuse and Normal Wear and Tear
This warranty does not cover damage resulting from negligence, abuse, normal wear and tear, or accidents: including burns, cuts, scratches, tears, scuffs, watermarks, sun damage, extreme temperatures, indentations or pet damage. Damage occurring during the delivery or set up of your Oak & Tenon furniture in your home is not covered by this warranty and should be addressed with the party making delivery.
Storage facilities are prone to drastic changes in humidity and temperature, even if they claim to be climate controlled. Any defect to the structure or finish on a product that is noted during or immediately following prolonged storage in a storage facility will not be covered under warranty.
Any product modification by dealer, consumer, or other parties not authorized by Oak & Tenon will void this warranty.
Floor Samples or Products Purchased "AS IS"
This warranty does not cover products designated "AS IS" at the time of purchase.
Differences From Floor Samples or Literature
Because of craftsmanship or use of natural materials in Oak & Tenon furniture, minor variations in colour, wood grain, or construction can occur from piece to piece. Therefore, this warranty does not cover such minor differences, or differences between floor samples or printed illustrations and your furniture.
Consequential or Incidental Damages
Oak & Tenon will not be liable for consequential or incidental damages including, without limitation, any liability for third party claims against you for damages. By this Oak & Tenon means any loss, expense, or damage other than to the furniture itself that may result from a defect in the furniture.