PRODUCT PRICE QUOTES:
Quoted prices are valid for 30 days (unless otherwise stated on quote) and must be in writing. However, the Bertolini parent company, MITY Inc. (henceforth referred to as Bertolini), has the right to cancel, withdraw, revoke, rescind, annul, or void the quote or quoted price at any time. Printed prices (as in price lists, catalogs, excluding quotes) are subject to change without notice.
PLACING ORDERS/VERIFYING QUOTES:
Orders will only be accepted if accompanied by: 1) A signed copy of the quote by an authorized officer of the organization; 2) The deposit payment as specified in the stated terms on the signed quote; 3) A copy of the these Terms and Conditions signed by an authorized officer of the organization acknowledging that they have been read and accepted.
The quote is valid only upon the terms set forth and, in these Terms, and Conditions. Any changes in contact or “ship-to” information, model, quantity, finish, fabric, or options must be noted on the quote and will be considered as a counteroffer by you which Bertolini may accept. A new quote will be issued reflecting the changes and will supersede any prior quotes or Purchase Orders. Any terms in your order that are not identical with the terms of the quote and these Terms and Conditions will not become part of the contract.
Orders are non-cancelable and non-negotiable after they have been accepted. All credit orders are subject to credit approval before being accepted. Bertolini quote and Terms and Conditions supersede any terms in a Purchase Order. This contract may not be modified, amended, or rescinded except in writing, signed by authorized agents of all parties.
Components used in all Bertolini chairs are specifically designed to meet fire code CAL-117 or CAL-117-2013. It is the customers’ responsibility to use and store these products in compliance with local and state codes and regulations, and to communicate approved local and state codes and regulations to Bertolini Inc. prior to receiving and signing a quote.
Upon acceptance of an order, an acknowledgement will be sent with a factory estimated ship date. Customers are responsible for reading and confirming all order specifications and ship dates.
ORDER TERMS, DEPOSITS, EXEMPTIONS:
Terms are 50% deposit, 50% due prior to shipment unless otherwise specified on the quote. Orders under $2,000 or rush orders scheduled to ship in less than 4 weeks shall be 100% prepaid. Bertolini retains title to the goods until the buyer performs all his/her/its obligations under the contract.
Special terms must be pre-approved and indicated on the signed quote. It is the buyer’s full responsibility to ensure that all sales and use taxes in connection with this order are fully paid where applicable. If at any time in the future, Bertolini is required to pay sales tax on behalf of the buyer, the buyer will be liable to repay Bertolini for the tax paid. Customers with orders which are eligible for sales tax-exemption must fill out a “Resale Certificate” form or “Sales and Use Tax Exemption” form or equivalent documentation and return it with the quote. All deposit checks must include the phone number from the signed quote on the memo portion of the check to ensure proper credit to your account. Failure to do so may delay shipment of your order. All NSF (Non Sufficient Funds) or Stop Payment checks received will result in a service charge of $50.00 added to your account balance. Re-payment for NSFs requires a certified check or cashier’s check. Any order that has a NSF will not be eligible for C.O.D. and must be paid in full before shipment. All payments are to be in U.S. dollars only and to be drawn on a U.S. bank or credit union.
All changes (Change Orders) must be submitted in writing and are subject to the approval of Bertolini. When changing model numbers, fabric or any options on any order, a $150.00 administration fee per sales order will be required. When decreasing the number of chairs or changing the fabric, customers will be required to purchase all fabrics ordered for the job. Once an order is submitted for production, no changes to the order may be made.
Generally, chairs are built to specifications provided by the customer regarding fabric color and options. This makes the chair difficult to sell to others; therefore, if an order must be canceled by the customer, the customer is 100% responsible for the dollar amount of the order including all freight expense incurred. In the event the chair purchased was in-stock, already built, and the customer must cancel their order, the customer will be charged a 20% restocking fee in addition to all freight expense including return freight to the ship from location. Chairs must be in their original packaging to be accepted at the Bertolini factory.
PAST DUE PAYMENTS:
Balances not paid within the agreed terms will be assessed at 1.75% per month (21% APR). If failure to pay results in an outside agency or an attorney to collect past due funds, the customer shall pay all collection costs, including attorney’s fees, incurred in the process. Until the payment in full has been received, all products remain the property of Bertolini and can be claimed at will. Failure to pay the entire invoice invalidates all of Bertolini’s product warranties and liabilities.
In the event the mill in which your fabric was manufactured discontinues a fabric, or the company becomes obsolete, Bertolini will strive to provide you with a selection of fabric alternatives, priced as closely as possible to your original purchase price. When reordering, please also be aware that your new fabric and finish, although the same, may not match exactly to your original purchase. Fabric naturally fades over the lifespan of a chair, due to wear, UV, etc., while finishes oxidize over time. Any upgrades in the fabric due to this change will be the responsibility of the buyer.
Bertolini will review all requests for specific modifications and/or special features to our current products. The review process will be conducted by Bertolini. If the request is accepted, the customer will be notified as to the applicable engineering cost, tooling cost, or set up cost that will apply to the order.
SHIPPING & OFFLOADING:
Chairs are normally shipped, wrapped, and stacked 10–12 chairs high. Customers are required to have hand-trucks and adequate personnel to off-load and move chairs into their facility.
A sample chair is NOT the first article. A sample in no way creates any warranty or promise with respect to goods sold. Bertolini’s research and development team is constantly improving the quality of its products and reserves the right to make ongoing manufacturing improvements without notice.
Customers who need the first article can request one from Bertolini. Requested First Articles will be sent at a cost of $100 per COM (CUSTOMER’S OWN MATERIAL). COM orders will only be accepted after the approval of a one-yard sample of the customer’s fabric (pattern direction must be indicated). Upon approval, orders will be discounted up to $3.00 per chair depending on fabric, and your factory representative will call to request the amount of yardage necessary to complete the order.
LEAD-TIMES & DELIVERY DATES:
Bertolini has a long track record of meeting customer deadlines. Delivery dates are estimates and they are accurate forecasts only if an order is placed within 48 hours of a quoted lead-time. A FORECASTED DELIVERY DATE DOES NOT IMPLY A GUARANTEE ON BEHALF OF BERTOLINI. All change orders will affect delivery dates. Bertolini is not liable for any damages, costs, expenses, debt, or obligations incurred as a result of delivery after lead-times or delivery dates, nor will Bertolini be required in any way to compensate, recompense, reimburse, or pay for anything incurred, suffered, or sustained as a result of delivery after lead-times or delivery dates.
All orders requiring a specific delivery date are considered priority/rush. Priority/rush orders are subject to a $250 minimum or a $1.75 per chair fee—whichever is greater. Bertolini will make every effort to meet priority/rush order deadlines. Orders not completed by quoted deadlines are subject to a refund of the above-mentioned fees.
FREIGHT CARRIERS, DAMAGE CLAIMS:
All domestic orders are FOB Bertolini Factory. Bertolini carefully selects and contracts with independent freight carriers on behalf of its customers. Damaged claims due to shipping must be indicated in detail (including quantity), on the “Bill of Lading.” Problems should be reported to Bertolini within 10 working days. Bertolini is not responsible for the actions or service levels of these carriers. All international orders are FCA Bertolini Incoterms® 2010. International customers are responsible for shipping costs and arrangements at customers’ expense.
CUSTOMER DELAYED SHIPPING:
Bertolini is not responsible for storing or holding any shipments. All orders are shipped when ready. If customers are not ready to accept their order, it is the customer’s responsibility to store the chairs. Orders that are either “third party” or “will call” need to be picked up within three working days. Bertolini will ship chairs to an alternate storage location if notified in time (cost incurred will be charged to the customer). In the event the customer requires Bertolini to store chairs for any period beyond three working days, Bertolini reserves the right to collect storage and add these storage fees to the final invoice. Storage fees will be no less than $100 per month or $1.00 per chair per month—whichever is greater. For customer service, call the church sales division of MITY Inc. (the parent company of Bertolini) at 800-738-0113 Monday through Friday between 7:00 am and 4:00 pm Pacific Standard Time.
REFUSED OR RETURNED SHIPMENTS:
Refusal to accept products from a carrier does not relieve a purchaser of the responsibility for payment. Final payment must be made prior to shipment. If the delivery of a product is refused, the customer will have their shipment returned to the factory and the customer will be responsible for any storage fees and all additional freight incurred as a result of the return. The final shipment will not be made until the customer’s account is paid in full by certified check, cashier’s check, or wire transfer.
If the received products are defective, and there is a COD balance, please pay the entire COD amount at the time of delivery. The customer must indicate on the “Bill of Lading” any damage to the shipment and report the problem to Bertolini within 10 working days. Most cases can be resolved within 2 weeks. Bertolini is not responsible for damage caused in freight on will call orders and by 3rd party carriers.
PRODUCT WARRANTY: DISCLAIMER of WARRANTY: THE FOREGOING WARRANTIES ARE IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
IMPRESSIONS SERIES PEW STACKING CHAIRS:
Limited Lifetime Warranty: The Impressions Series carries a limited lifetime structural warranty covering the steel against frame failure, 25 years covering the Flex-Fit polymer seat foundation and Ergo-V polymer back foundation, and the foam against excessive breaking down, as well as glides and stack-buttons, from dislodging. Plus, all other NON-WEARABLE components against failure under normal use.
MILLENNIA SERIES PEW STACKING CHAIR:
Limited Lifetime Warranty: The Millennia Series carries a limited lifetime warranty covering the steel frame against frame failure and a 25–year structural warranty covering the Ergo-V polymer back, foundation, and glides. Plus, the stack-buttons from dislodging under normal use. There is a 20–year warranty on the foam against excessive breaking down and on all other NON-WEARABLE components against failure under normal use.
ESSENTIALS SERIES PEW STACKING CHAIRS:
Limited Lifetime Warranty: The Essentials Series carries a limited lifetime warranty covering the steel frame against frame failure, including glides and stack-buttons, from dislodging under normal use. Other components which carry a 10–year warranty include foam against excessive breaking down, and all other NON-WEARABLE components against failure under normal use.
ALL OTHER CHAIRS MANUFACTURED BY BERTOLINI LISTED ON THIS QUOTE:
All other chairs manufactured by Bertolini listed on this quote carry a steel frame limited lifetime warranty against frame failure under normal use. Bertolini’s exclusive 2-pound seat foam is warranted for 25 years and the standard 1.8-pound commercial grade foam is warranted for 20 years against excessive breakdown. All other components including the materials and workmanship, other than those mentioned above, along with the wearable components listed below, are warranted for 5 years.
WEARABLE COMPONENTS NOT COVERED:
Wearable components not covered in the “Limited Lifetime Warranties include upholstery and upholstery treatments such as seams, frame finishes including rub marks, and the seat foam when soiled or used outdoors.
WEARABLE COMPONENTS COVERAGE:
UPHOLSTERY: Upholstery treatments and fabrics are subject to warranties offered by the respective textile manufacturer.
FRAME FINISH: Standard frame finishes are warranted for 5 years against flaking, peeling, or manufacturer defect under normal use.
SEAT FOAM: Warranted as noted in each chair series listed above from breaking down greater than 90% of its original shape.
REPLACEMENT: Any frame or part found to be defective by Bertolini while under warranty will be repaired or replaced, at the option of Bertolini, FOB Bertolini Factory Chino.
WARRANTY LIMITATIONS ON CHAIRS SHIPPED OUTSIDE OF THE CONTINENTAL UNITED STATES:
All fabric warranties stated above apply only to chairs shipped within the Continental United States. Chairs shipped to locales with UV-Radiation indexes higher than those recorded in the Continental United States (such as, but not limited to, areas of the Caribbean, Central America, South America, Africa, South Asia, and the South Pacific) may be subject to reduced fabric warranties of 1 year or less. Customers outside the Continental United States should contact the Bertolini Warranty and Repair Department to receive verification of the fabric warranty that applies to their specific fabric within their specific locale.
A buyer’s claim of breach of any warranty concerning the goods will be barred unless the seller receives written notice of the alleged breach from the buyer within ten (10) working days after the delivery of the goods or, if breach of warranty could not be reasonably discovered within ten (10) working days of the delivery of the goods, within ten (10) working days after the actual discovery of the alleged breach of warranty or within ten (10) working days after the breach of warranty could have reasonably been discovered—or whichever is earlier. Any exclusion to this warranty will be listed on the signed customer quote.
Warranties do not apply to any product which has been altered, subjected to misuse, or negligence. Bertolini’s warranty is limited to credit or replacement of the defective item. Liability under this warranty shall not exceed the purchase price of the defective item. Unless modified in writing and signed by both parties, this agreement, as contained in the quote provided by Bertolini and signed by the customer, and these Terms and Conditions are understood to be the complete and exclusive agreement between the parties, superseding all oral or written prior agreements and all other communications between the parties relating to the subject matter of this agreement, including statements made by salespersons. No employee of Bertolini, except an officer of Bertolini, is authorized to make any warranty claims in addition to those made in this agreement.
LIMITATIONS OF REMEDIES: IN NO EVENT WILL BERTOLINI BE LIABLE FOR ANY SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES BASED ON BREACH OF WARRANTY, BREACH OF CONTRACT, NEGLIGENCE, STRICT TORT, OR ANY OTHER LEGAL THEORY. DAMAGES THAT BERTOLINI WILL NOT BE RESPONSIBLE FOR INCLUDE, BUT ARE NOT LIMITED TO, LOSS OF PROFITS; LOSS OF SAVINGS OR REVENUE; LOSS OF THE USE OF THE PRODUCT OR ANY ASSOCIATED EQUIPMENT COST OF CAPITAL; COST OF ANY SUBSTITUTE EQUIPMENT, FACILITIES, OR SERVICES, DOWNTIME; THE CLAIMS OF THIRD PARTIES, INCLUDING CUSTOMERS; AND INJURY TO PROPERTY. THIS LIMITATION DOES NOT APPLY TO DAMAGE CAUSED BY BREACH OF THE WARRANTY OF TITLE AND AGAINST INFRINGEMENTS OR TO CLAIMS FOR PERSONAL INJURY.
This agreement shall not be construed in favor of or against any party hereto. If any of the provisions, covenants, or conditions of the Agreement are held by a court of competent jurisdiction to be invalid void or unenforceable, the remaining provisions of the Agreement shall be in full force and effect and shall in no way be affected, impaired, or invalidated. In the event of such determination, the parties agree to negotiate in good faith to modify this agreement to fulfill as closely as possible the original intent and purposes thereof. To the extent permitted by law, the parties waive any provisions of law that render any provision hereof prohibited or unenforceable in any respect.
This agreement shall be interpreted and governed by the laws of the state of California as if entered and wholly performed within the state of California. Any action brought to enforce this agreement shall be brought in the County of San Bernardino in California.