Standard Terms and Conditions Regarding the Sale of Its Products
Effective Date: January 1, 2014 (Updated 10/03/19)
Quotatons for standard product and shipping will be given to you during the checkout process. For anything other than standard items, please contact RCG, LLC and we will respond with a written estimate or invoice. All of our Standard Terms and Conditions set forth in this document are incorporated in all of our sales to you.
Wood is a commodity and prices change often. Unless we otherwise state in writing, our quotes are good for 15 days from its date.
All orders will require a written order delivered by email. Your order shall detail items purchased, quantity, price, requested delivery date and non-standard specifications. We will have ten days within which to accept or reject your order. Should we fail to respond, such failure is a rejection of your order.
Prices are shown on your estimate or invoice. All estimates/invoices are in writing.
Prices are FOB our facility.
All prices are exclusive of all applicable federal, state and local sales and use taxes. All wholesale orders must be accompanied by a resale permit or other evidence that the sale is exempt from sales tax. Unless this is received, appropriate sales tax will be charged to you via Avatax(tm) software, which we subscribe to.
Advance payment is required on ALL orders with NO exceptions.
Check Acceptance Policy:
We DO NOT like to accept checks because we have been burned on more than one occasion and it is NOT an efficient means of transacting a sale (almost no online retailers accept checks for a reason). If we agree to accept payment via check, a valid driver’s license with a photo ID must be presented by email. In the event the person does not have a valid license, a photo ID with the address and birth date of signer must be presented.
In the unfortunate event that a check is returned to RCG, LLC as a result of non-sufficient funds or any other reason, all repaid funds must be paid with a money order or certified bank check and must include a $30 returned check fee. Once a check is returned, we do not accept a check from the individual or organization again. Once all funds are repaid your order will be shipped. We appreciate your compliance with this policy.
Our warehouse packs everything according to industry standards. The packing fee of $35 is included in your shipping total. If you decide to use your own shipping company, you will need to pay the $35 packing fee only.
An inventory list can be seen at the bottom of each product page. We try to keep a large inventory. However, occassionally we sell out of certain items. Lead time on furniture varies according to quantity on hand and current order demand but we try to keep a good inventory of standard sizes. If an items is out of stock, we strive to have orders ready within 3-4 weeks (an industry leader in this category).
We shall exercise our best reasonable efforts to comply with your requested time and rate of delivery of your purchases but under no circumstances can we guarantee a delivery date.
Shipping & Claims:
At checkout, you will receive a shipping quote generated by our shipping partner, freightquote.com. Sometimes the final rate may be over that quote. If no changes were made to your order, RCG, LLC MAY cover the balance. However, if you order a custom size item that ships from another location, that shipping rate will, most-likely change and you will be responsible for the full cost of shipping. The carrier you choose at checkout may NOT be the carrier that delivers your order. Consolidation is normal in the shipping industry and your order may change hands 3-4 times between the tim3 it leaves our facility and arrives at your location. RCG reserves the right to change carriers at any time based on the carrier’s ability to pick up on-time, raise prices, etc.
Also, if any changes are made to the order after placing it, the customer is responsible for any additional charges. In addition, if you make a change of delivery location, ask for a liftgate after shipment is billed (when you did not request one originally), ask for the shipping company to hold your order for future delivery because you are not ready, etc, you will be responsible for ANY and ALL charges related to those changes.
All orders are available for pick up FOB our facility unless being shipped. No orders will be allowed to leave our facility unless full payment is made. If arranging your own shipping, we recommend ALL shipments be insured. Freight companies are notorious for damaging goods and leaving you on the hook after you’ve signed for them and would be fully responsible for ANY damages or claims with your own shipper if you choose to do so.
Except for our Wair House(tm) Furniture Line, our products are designed for and sold to Commercial Businesses, meaning utility and economy are our main focus. All non-commercial orders (except for items form the Wair House Furniture line) are sold as-is, where-is with no claims accepted. Our products may not meet your specific needs in terms of design, functionality, etc. It is the responsibility of the customer to determine the suitability of our product for their needs.
Storage Fees on any items not shipped out within 72 hours of notification that order is ready to ship = $5/day.
When your order is ready, if being picked up, you or your carrier shall inspect your order carefully to ensure you received what you ordered, that there are no shortages, no unordered items and that each item is not defective or damaged. If you find any discrepancy, you must bring it to our attention before your order is loaded.
If order is being delivered by us, RCG will not accept any obligation or liability for any discrepancy or damage after 72 hours from acceptance of delivery.
Storage Fees on any items not shipped out within 72 hours of notification that order is ready to ship (whether or not you have replied) = $5/day. Merchandise not paid for in full will be held until payment is received and subject to the $5/day storage fee after the initial 72 hours. If we still have the items on the seventh day after its original date of availability, RCG may sell/dispose of it according to law. You give RCG a storage lien on these items.
Reclaimed Furniture…All items sold as-is and where-is.
New Furniture… Furniture cannot be returned unless there is a manufacturing defect that is reported within 72 hours of your of your carrier’s receipt of the item. We will not accept returns for wrong colors, wrong sizes, etc, unless the mistake was ours.
Once an order is paid for and placed into production, no cancellations are accepted without approval by RCG. Any approved cancellation will incur a 15% restocking fee. NO CANCELLATIONS ACCEPTED ON CUSTOM ORDERS, WHICH INCLUDES ANY SIZE OVER 48″ IN LENGTH.
ONCE YOU TAKE POSSESSION OF YOUR ORDER, WE DO NOT OFFER ANY WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS. ALL SALES ARE FINAL AND “AS IS” AND “WHERE IS.” HOWEVER, WE WILL REPAIR OR REPLACE ANY ITEM WHICH IS DEFECTIVE OR DAMAGED AND WHICH IS BROUGHT TO OUR ATTENTION IF YOU DISCOVER A MANUFACTURING DEFECT WITHIN 72 HOURS AFTER YOU TAKE POSSESSION OF THE ITEM. HOWEVER, YOU ARE RESPONSIBLE TO GET THOSE ITEMS BACK TO RCG FOR REPAIR OR REPLACEMENT.
We build standard orders to our standard sizes, designs, finishes and dimensions.
For non-standard work, we will use our best efforts to conform to your specifications. All specifications must be contained in a document that we accept in writing. Your specifications must be received before we deliver a quote. Once we accept your specifications, we will not accept any changes unless we agree to do so and additional costs will be charged and the delivery times may be extended. If in the course of performing our work, we determine that we cannot comply with your specifications, we will contact you to try to reach agreeable changes. Should we agree, additional charges may be assessed and delivery times extended. If we fail to agree, we will refund whatever you paid us less a 15% processing fee and your order will be canceled.
Due to our ongoing efforts to improve our standard product design, we may change materials, construction methods and finishes. Should you not wish any changes be made to your order, you must so instruct us in writing with your order. We will have ten days within which to decide whether to accept the order or not.
Our products are designed for and sold to Commercial businesses, meaning utility and economy are our main focus. All non-commercial orders are sold as-is, where-is with no claims accepted. Our products may not meet your specific needs in terms of design, functionality, etc. as the needs of an individual are different than the needs of a business.
Rejection of Other Terms and Conditions Regarding Sale of Our Items:
We automatically reject all different or additional terms you may insert in your order, except as specifically accepted by us in writing. If you include or attach any different or additional terms in your order, those different or additional terms will not be part of our sale to you. Our sale will only be upon the terms and conditions as stated in this document or in a document which we have signed.
Governing Law and Venue:
Our agreement and relationship are governed by and construed in accordance with the laws of Texas, applicable to contracts made and to be performed within said state, without the application of its “choice of laws” provisions. Venue of any action between the parties shall be Dallas, TX to which all parties agree. In addition, service of process may be affected by personal service, service via electronic mail or service via registered or certified mail, RRR, on any officer or principal of a party. The prevailing party in any action shall be awarded its reasonable attorney’s fees and court costs in any action between the Parties arising out of their relationship or agreement.
Limitation on Damages:
Neither party shall be liable to the other for any indirect, exemplary special or consequential damages arising out of the sale and purchase of any item or the inability to sell or use any item, whether in an action of contract, warranty, tort (including negligence) or otherwise.