TERMS OF SALE
PAYMENT To process your order, Tyson Furniture Company, Inc. (TFC) requires a minimum deposit of 50% of the sales contract, signed approval of the contract by the customer, and the signed acceptance of TFC's office. Payments on this contract may be made by cash, check, money order, debit card, or credit card. The entire amount of the sales contract may be paid in full by executing an approved third party finance contract with immediate funding (your obligation under the finance contract begins with the sales contract date, not the date of delivery).
For orders shipped directly from the manufacturer to the customer or for non-cancellable orders, such as COM upholstery, fabric, leather hides, table pads, non-warranty parts, or chandeliers the entire sales contract must be paid in full before the order is processed.
The balance due may be paid by cash, check, money order, debit card, or credit card any time prior to scheduling the order for delivery. If you request to pay the balance due on delivery ("COD"), the only acceptable forms of payment are cashier's check or money order made payable to Tyson Furniture Company, Inc. for the full amount due. Payment of the balance due must be presented to Tyson's driver before the order is unloaded. COD is not an option for deliveries made by a third party delivery service.
PRICING ERRORS In the event of an error in pricing, you have the option of cancelling the sales contract prior to delivery with no penalty and full refund of your deposit, or paying the corrected sales price.
DELIVERIES, CANCELLATIONS, CANCELLATION FEE, AND STORAGE CHARGE After your complete order is received at our distribution center, we will contact you to arrange collection of any balance due and schedule your delivery. You agree to accept delivery or shipment of your order within 30 days of this notification. If you request a delay in delivery beyond 30 days, you agree to pay the balance of your sales contract, including sales tax and delivery charges. Failure to make this payment in full within 30 days of this notification will result in cancellation of your sales contract and refund of your deposit after deducting a 20% cancellation fee.
Your sales contract is binding as soon as you sign it. Any cancellation of the sales contract by the buyer will result in a 20% cancellation fee (40% if cancelled over one year from sales contract date). The cancellation fee is 20% of the sales contract subtotal. If cancellation occurs after delivery, the delivery charges will not be refunded.
If you request delivery over one year from the sales contract date, you agree to pay a storage fee of $0.001 times the subtotal amount of the sales contract times the number of days in excess of one year from the date of the sales contract (approximately 3% per month). You also agree to a cancellation fee of 40% of the subtotal of the sales contract if the sales contract is cancelled for any reason after one year from the sales contract date. Storage fees must be paid in full prior to delivery and will not be refunded or reduced for any reason. Failure to pay storage fees will result in cancellation of the sales contract with the 40% cancellation fee and storage fees deducted from your deposit before any refund is paid.
If a scheduled delivery is cancelled, refused, or no one is available to accept and sign for delivery, a redelivery fee equal to the original delivery charge (minimum $60) will be charged. If your home is not accessible to a 26 foot box truck, it will be your responsibility to provide a means of transportation from the truck to your house. If a delivery requires the use of more than 2 delivery people, or additional time or equipment, additional fees will be charged. Any additional fees that are incurred to complete delivery such as small truck rental, ferry fees, gate fees, etc. shall be the responsibility of the buyer.
Please note the dimensions of the merchandise you have ordered and make sure everything will fit and can be delivered using the entry doors and passages in your house. If the merchandise is returned or cancelled because it does not fit, or cannot be delivered due to inadequate access or due to potential damage to the merchandise or the house, or potential injury to persons, the cancellation fee will apply. Delivery charges will not be refunded.
Delivery personnel will not hang or attach merchandise to walls, ceilings, or floors. Tip-over hazards are the sole responsibility of the buyer.
If you pick up merchandise at our store or distribution center, inspect the merchandise carefully. Any damage or defect are the responsibility of the buyer after TFC releases the merchandise. Some merchandise requires assembly and may require 24-hour advance notice before pick up.
REPRESENTATIONS, WARRANTIES, AND SERVICE CONTRACTS TFC represents that all merchandise will be delivered in a condition which meets the standards set by the manufacturer (unless sold in an "as-is" condition), and that TFC will assist the buyer in obtaining any remedies available in a manufacturer's warranty, or an extended warranty, service contract, protection plan, or insurance purchased from TFC. If the manufacturer's warranty begins with the date shipped from the manufacturer, or the date received by the retailer, delaying delivery may shorten the effective warranty period. After one year from date of delivery, TFC's service obligations for any merchandise for labor or transportation shall cease unless the buyer has purchased from TFC an extended warranty, service contract, protection plan, or insurance which applies to the merchandise in question and specifically requires remedy from TFC. TFC shall not be responsible for any indirect, special or consequential damages.
Except for the previous paragraph, there are no warranties expressed or implied, including but not limited to implied warranties of merchantability or fitness for particular purpose, and all such warranties are expressly and specifically disclaimed. Merchandise marked "as-is" is sold with all faults and without any warranty. No return, refund, repair, or replacement is available for "as-is" sales.
DAMAGE Carefully and thoroughly inspect each item before signing for delivery. If there is a problem, notify the driver. If the delivery crew can correct the problem, it will be taken care of immediately; otherwise, return the defective item to TFC and note the problem on the driver's copy of the sales contract. At the discretion of TFC the item will be restored, repaired, or replaced and redelivered to you at no charge.
SALES AND USE TAXES, AND LEGAL JURISDICTIONSales and use taxes are the responsibility of the buyer and are determined by the date and destination of delivery to the consumer. TFC collects estimated sales tax for all States for which TFC is registered at the date of the sales contract. Taxes are remitted to the appropriate States based on date of delivery. The actual amount of tax may vary from the estimate due to legislative changes or local option sales and use taxes. No Sales tax is collected for States in which TFC is not registered. In those States which impose sales and use taxes, it is the buyer's responsibility to report and pay the sales and use taxes to the appropriate tax authority if the sales tax is not collected by TFC.
The parties to this sales contract agree that this agreement will be governed by North Carolina law and grant exclusive jurisdiction to the courts of Buncombe County, North Carolina.
PRIVACY STATEMENT TFC's privacy statement is available on request.
HOME DELIVERY POLICY
Thank you for your recent purchase. After your complete order is received at our distribution center, we will contact you to schedule your delivery and arrange collection of any balance due. Deliveries beyond Western North Carolina are only scheduled when the entire order is complete and ready for shipment. Tyson Furniture Company reserves the right to deliver on our truck or on a third party carrier.
Please have the area in your home free and clear of obstructions and ready for delivery. For reasons of liability and schedule limitations delivery teams will not move existing furniture, rugs, accessories, connect or disconnect electrical equipment, or hang mirrors or wall art. Tip-over hazards and the installation of tip-over restraints are the sole responsibility of the buyer.
Area rugs and pad will be delivered to your home. Delivery teams will not unroll and place the pad and rug on the floor unless the area is free and clear of all obstructions. Delivery teams will not cut rug pads in your home. Only furniture delivered at the same time as your rug will be placed on the rug.
If a scheduled delivery is canceled, refused, missed or an adult (over the age of 18) is not available to accept and sign for delivery, a redelivery fee equal to the original delivery charge (minimum $60) will be charged. If your home is not accessible to a 26 foot box truck, it will be your responsibility to provide a means of transportation from the truck to your house. Any additional fees that are incurred to complete delivery such as small truck rental, ferry fees, gate fees, etc. shall be the responsibility of the buyer.
Please note the dimensions of the merchandise you have ordered and make sure everything will fit and can be delivered using the entry doors and passages in your home.
Please let us know in advance if the delivery to your home might be complicated (3rd floor, narrow staircases, basements, etc).
Every practical attempt will be made to position your furniture as you would like. However, if delivery to the desired area involves limited maneuverability because of narrow halls, doorways, stairwells, etc., Tyson Furniture Company, the carrier, and the delivery personnel will not be responsible for damage that might occur to your home or furnishings. If two people cannot reasonably move the item to the desired area and you cannot arrange additional help, delivery will be made to an accessible area. If the merchandise is returned or canceled because it does not fit, or cannot be delivered due to inadequate access or due to potential damage to the merchandise or your home, or potential injury to persons, the cancellation fee will apply. Delivery charges will not be refunded.
For reasons of liability and schedule limitations, delivery teams will not haul off used furniture or take used furniture to any other location (donation centers, neighbors...etc). Disposal of used furniture is the buyer's responsibility. (See bottom for list of Local Non-Profit Agencies who will pick-up good used furniture.)
Tyson Furniture Company (but not third party carriers) will remove old bedding as a courtesy when making a bedding purchase. This service must be requested in advance. Used bedding must be in a clean and sanitary condition. Delivery teams reserve the right to not remove any bedding that is not clean and sanitary. Customer forfeits all ownership rights when the used bedding is loaded on a Tyson Furniture Company truck.
Here are (3) Buncombe County, NC Non-Profit Agencies that will pick-up good used furniture.
(Donations may be tax-deductible)
Asheville Area Habitat for Humanity
The Salvation Army
Western Carolina Rescue Ministries Thrift Store
DISTRIBUTION CENTER P (828) 669-4430 E firstname.lastname@example.org (02/20/2017)
Furniture questions? Call: 828.669.5000
TYSON FURNITURE COMPANY, INC. © 2016 All Rights Reserved