Standard Terms and Conditions Regarding the Sale of Its Products
Effective Date: January 1, 2014 (Updated 1/22/17)
Effective 1/1/17, ALL sales will be handled by our distributor, Galaxy Global Logistics, LLC (Galaxy). Galaxy will bill you for Product AND Shipping. RCG, LLC (RCG) is able to help with any questions you may have in order to make a purchasing decision but all further correspondence will be through the distributor ONLY.
Galaxy will respond to your inquiries 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. Galaxy 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 or the shipper’s facility in Santa Fe Springs, CA, Garland, TX or Randolph, NJ or Tampa, FL. If an item is out of stock in a warehouse, it is up to the customer to pay shipping from another warehouse or cancel that item from order. Galaxy and RCG are not responsible for shipping under any circumstances.
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, sales tax will be charged to you.
Advance payment is required on ALL orders with NO exceptions.
The entire balance is due when your order is ready and before it leaves shipping facility.
Galaxy will pack everything according to industry standards. You pay them directly for both packing and shipping. Claims for damage must be made to them directly, not to RCG.
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 2-3 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.
All orders are available for pick up FOB Galaxy’s facilities unless being shipped. No orders will be allowed to leave their facility unless full payment is made. We recommend ALL shipments be insured. Trucking companies are notorious for damaging goods and leaving you on the hook after you’ve signed for them. We DO NOT accept responsibility for goods damaged by shipping company so use due diligence. DO NOT let the trucking companies pressure you into signing until you have inspected order.
All packing and palletizing of orders is handled by Galaxy.
Galaxy charges the following rates directly to you if you have them ship (0therwise, you can use your own shipper but will still be responsible for the handling charges below):
- Order processing fee = $35
- Pallet Fee = at cost (stacked up to 15 tops high on a pallet)
- Freight Charges = At cost but very competitive. They can get you an estimate of charges prior to finalizing your order. Won’t be exact but will be close.
- Storage Fees on any items not shipped out within 72 hours of notification that order is ready to ship = $5/day.
All claims related to shipping must be directed to Galaxy ONLY. RCG is NOT involved with shipping under ANY circumstances.
Although we do our best to meet your delivery time requirements, we cannot guarantee completion by an exact date.
Upon your written request, Galaxy will provide you with a shipping estimate.
When your order is ready to be 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 or shipped. Galaxy will not accept any obligation or liability for any discrepancy or damage once you or your carrier accepts delivery by loading your order.
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 Galaxy still has the items on the seventh day after its original date of availability, they shall sell/dispose of it according to law. You give Galaxy 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 Galaxy. Any approved cancellation will incur a 15% restocking fee. NO CANCELLATIONS ACCEPTED ON CUSTOM ORDERS, WHICH INCLUDES THE PATCHWORK PATTERN, HERRINGBONE PATTERN IN ANY SIZE OR THE STRAIGHT PLANK TOPS IN ANY SIZE OVER 48″ IN LENGTH.
ONCE YOU TAKE POSSESSION OF YOUR ORDER AND IT LEAVES OUR FACILITY, 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 BEFORE IT HAS BEEN LOADED AT OUR FACILITY OR 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 GALAXY 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.
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 effected 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.