1. Governing Terms:
1.2 All sales by Urbano’s Furniture shall be governed by the terms and conditions stated herein this agreement. This agreement should supersede any representation and prior communication. Any terms stated in the buyer’s purchase order is hereby rejected entirely except for the terms that are identical with those stated on Urbano’s Furniture’s invoice, written acknowledgement and this agreement. The terms stated herein may only be modified in a written amendment signed by an authorized officer of Urbano’s Furniture.
2. Price, Payment, and Delivery:
2.1 Urbano’s Furniture reserves the right to change the price of any product at any time. Any order accepted on credit terms shall be subject to a late payment:
Handling charge of 10% per month of the delinquent invoice amount from the rate of actual payment (both before and after judgment) or the maximum allowable by law, whichever is lower, without prejudice to Urbano’s Furniture’s rights of remedies in respect of buyer’s failure to pay invoice when due.
Urbano’s Furniture reserves the right to suspend or terminate any credit term granted to buyer on any of the buyer’s order at any time prior to shipment or delivery of goods.
2.2 Urbano’s Furniture reserves title in all products not paid in full. Buyer hereby grants to Urbano’s Furniture purchase money, security interest, and lien in all goods sold to buyer and proceeds for Buyer’s entire obligation under this agreement. Further, Buyer grants to Urbano’s Furniture and its representatives an irrevocable right to enter Buyer’s premises during normal business hours to repossess such merchandise. Buyer agrees to pay all costs and expenses of collection, repossession, suits and arbitration, including reasonable attorney’s fee and costs.
2.3 All payment to be made by buyer represent net amounts Urbano’s Furniture is entitled to receive and shall not be subject to any deduction or offset for any reason whatsoever.
2.4 Delivery terms on buyer’s pick up at Urbano’s Furniture locations pass all risk of loss to buyer when the product is in possession of the carrier.
2.5 All goods delivery to buyer’s location shall be deemed accepted unless buyer makes an oral claim with 24 hours of receipt and confirming such claim in writing with Three (3) days of arrival with evidence satisfactory to Urbano’s Furniture of any alleged shortage, damage or discrepancy.
2.6 Customer is responsible to pay a penalty fee of $50 to Urbano’s Furniture for any checks that cannot be processed due to insufficient funds and 5.00 fee for each declined card transaction.
2.7 After three late weekly payments, or two late bi-weekly payments or one late monthly payment, the collection process will begin and legal extra charges around 30% of debt will be applied.
3. Warranty 3.1 Urbano’s Furniture will exchange any product with Seven (7) days from the date of purchase, whatsoever all products are under the original Manufacturer’s Warranty. Urbano’s Furniture Customer Service will assist buyers with Manufacturer’s Warranty policy.
3.2 Exclusions: Urbano’s Furniture has no obligation under this agreement and Buyer agrees to pay if goods have been used or alleged conditions are a result of negligence, misuse, unauthorized or improper assembling or alterations, repairs, improper care, accidents, disaster, weather or transportation. Buyer shall not make or pass to any third party any warranty, condition or representation on behalf of Urbano’s Furniture regarding the products, supplementing or inconsistent with the limited warranty specified.
3.3 No cancellation, exchange or refunds on any merchandise purchased.
3.4 All service and warranties are in accordance with various manufacturers and suppliers. Urbano’s Furniture does not warranty any merchandise.
4. Returns 4.1 All returns must be made with Seven (7) days from the date purchase. If Urbano’s Furniture authorizes an exchange or credit other than for the reason of a defect, Urbano’s Furniture reserves the right to deduct a restocking charge of 20% of the invoice price. No refund is allowed after Seven (7) days from the date of invoice.
5. Co-Borrower: 5.1 The Co-borrower agrees to pay the overdue amount when Buyer falls to pay for any reason. Co-Borrower also agrees to pay all costs and expenses of collection, repossession, suits and arbitration, including reasonable attorney’s fees and costs.
5.2 In case the co-borrower doesn’t pay the debt, beforehand, I authorize the collection of the items if I delayed three payments without a new agreement or payment plan accepted by Urbano’s Furniture.
6. Dispute resolutions 6.1 Governing Law and Venue: The agreement is conceived into in the State of Florida. And its validity, construction, interpretation, and legal effect shall be governed by laws applicable to contracts entered into and performed within the State of Florida. Any action arising under in related to this agreement shall only be initiated and maintained in the State of Florida. The parties hereby consent and submit to the personal jurisdiction of such courts and venue of litigation of such action.
6.2 Arbitration: Any dispute, controversy or claim arising out of relating to this agreement, or the breach, termination or invaliding thereof, shall be settled by arbitration under the Commercial Arbitration Rules of the American Arbitration association in effect on the date of the sale. The place of arbitration shall be Broward County, Florida. The arbitration award made within One Hundred Eight (180) days of service notice to arbitrate and within Thirty (30) days after the closing hearing. The Award shall be Final and binding upon the parties, the judgment upon the award may be entered in any court or jurisdiction.