Terms and Conditions

MAHOGANY MILLWORKS TERMS AND CONDITIONS OF SALE
 
ORDER SUBJECT TO ACCEPTANCE: All orders are subject to acceptance by the manufacturer of the product being sold by Mahogany Millworks (hereinafter “MMW”). Orders will only be accepted upon receipt of payment in the form of a credit card, bank wire transfer, or electronic (“e-check”) check.
 
CANCELLATION OF, AND CHANGES TO ORDERS: Before an order is put into production, it must be confirmed by MMW in writing and the required payment must be received. Each buyer’s order will be processed as indicated on the invoice sent out by MMW. If there is any discrepancy, the buyer must advise MMW within (10) ten days from the date of invoice. All goods are custom made to specifications provided in the order. Once an order is accepted it may not be canceled after 24 hours of purchase. Changes in orders require prior written approval from MMW. We will use our best efforts to incorporate requested changes to design specifications after the order has been placed with the factory, but the buyer shall be charged for all costs associated with such changes. 
 
PAYMENT: Orders will only be accepted upon receipt of payment. All custom orders require payment of the purchase price of the item being purchased. When the item is completed and ready for shipment, buyer's approval of the images of the completed item(s) sent by MMW is required before shipping from the manufacturer to our receiving & fulfillment warehouse. By placing an Order and making payment by credit card or e-check, you, the Buyer, are authorizing MMW to debit the form of payment made for the balance due for your Order. Orders must be paid in full, including shipping, handling, crating, packing, storage, taxes, and service charges prior to shipping. A service charge will be imposed on any portion of the invoice that remains unpaid for thirty (30) days or more after final payment is due, at 1.5% per month, or the highest amount permitted by law, whichever is lower. Buyer agrees to liability for all costs, expenses and fees, including reasonable attorneys’ fees incurred by MMW in collecting any monies due hereunder. Custom quotes are honored for a period of thirty (30) days from issuance unless otherwise negotiated. All payments on account of this order shall be credited to the account of the name of Buyer. MMW’s acceptance of payment from anyone other than Buyer shall be an accommodation only and shall not create a vendor-vendee relationship, express or implied, with a payee other than Buyer.
 
SHIPPING: Made to order custom mahogany furniture is hand crafted in Indonesia. To reduce expense to the Buyer, most orders are packed and shipped in 40-foot ocean containers using foam sheet, cardboard boxes and corrugated paper. Very large orders may be packed on pallets and crated. As UPS notes ” Imports that arrive in an ocean container have been packaged to withstand ocean transit considerations like roll and lift – not ground transportation factors like vibration and increased handling.”[1] After arrival in the US, the container is delivered to a warehouse near port where the item or items you ordered are inspected and repacked for ground shipment to you. All Orders are priced freight on board (FOB) point of origin unless otherwise negotiated at the time of sale, and you are responsible for the cost of shipping from point of origin to your final destination of choice. Because your Order is combined with the Orders of other customers, your Order will not ship from point of origin until the shipping container is full. If you want faster delivery, we can arrange to ship your Order by LCL (Less than Container Load), or Air Freight, for an additional cost. Some items are too bulky for Air Freight service.
 
PRICES AND TERMS: Published prices are Net unless otherwise noted and are freight on board (FOB) point of origin. All FOB points are at the discretion of MMW. The final FOB point will be stated on the order confirmation and will be the FOB point used for all billing purposes. Prices do not include shipping charges, packing and crating charges, in-transit insurance, storage charges, sales or other taxes, local delivery, uncrating or installation. MMW reserves the right to change prices without notice prior to order confirmation. Standard lead time for production only is 10 to 12 weeks from MMW’s receipt of deposit & all relevant client approvals. Packing and Shipping time is additional. We estimate four (4) to seven (7) months from order to delivery. When custom pieces or stain-to-match finishes are specified, the 12-14-week lead time for production begins from the date of Buyer’s approval of MMW’s drawing and/or sample match.
 
MATERIALS: MMW reserves the right to make changes in design, construction, materials and dimensions, or to discontinue products without prior notice. Please note that all dimensions and yardage requirements noted are to be considered approximate. Due to the handmade construction of our furniture, in concert with the resilient materials and textile choice, variations from our published and custom dimensions can be expected. DESIGNS MMW maintains proprietary interest in many of its designs. Unauthorized copying or reproductions of such designs will be prosecuted as provided by law.
 
CUSTOMIZATION: MMW will customize most of its products. Any customization will result in an additional charge above the price shown on our website. Please contact MMW for an exact custom quotation.
 
DEFECTS: In most cases, defects are of a minor nature and can be cleared up in the home by a professional furniture technician. In the event you receive an item you feel is defective, please send us photographs clearly showing the defect along with a written description so that we can assist you. While none of our manufacturers offer refunds for defective furniture, MMW will be willing to repair or replace the item if the situation warrants. Natural flaws and imperfections in wood add to a piece’s beauty and charm and should not be viewed as damages or defects. Please note customers will bear the cost of shipping items back to the point of origin for repair/warranty claims.
 
CANCELLATION OF ORDERS: Chargebacks, deductions, changes, cancellations, returns or refunds require prior written consent by MMW. No returns or cancellations will be accepted on ‘made-to-order’ pieces. MMW is not required to accept changes requested after the order confirmation. However, MMW will accept reasonable changes to orders with the following conditions: 1) the request must be submitted in writing and received in time to be implemented. 2) changes will be subject to additional charges for materials, labor, and administrative. Under no circumstances may orders be cancelled after production has begun.
 
RETURNS POLICY: Custom & Special Orders are items that are made-to-order and customized to the exact specifications of the customer. These items are not returnable, no exceptions. If the Custom/Special Order is cancelled by the customer during the production or transportation - the customer's payment of such order may be forfeited. If the custom/special ordered furniture is refused at time of delivery, for any reason, buyer forfeits rights to a refund for the refused items that are being returned without our consent or authorization. Buyer will be responsible for coordinating and paying shipping and re-delivery fees back to their destination.  It is the buyer’ s full responsibility to measure their space and make sure that the furniture they order will fit through all spaces and clear all doorways, stairways, or elevators leading to the final delivery location in their home or business.  Please understand that our Custom Orders are made to order, specifically for each Customer. Once production has begun on a custom piece, we cannot cancel the order. Payments towards a Custom Order are non-refundable.

STORAGE FEES: Buyer will receive notification from MMW as to the date merchandise will be available for shipment. All orders will be shipped as ready. If Buyer is unwilling or unable to accept delivery of merchandise, MMW may transfer merchandise to storage. Buyer is responsible for the cost of such storage and shall bear the risk of loss or damage to merchandise during such storage, as well as during delivery of same. Additional storage fees will be charged to store merchandise if not picked up within sixty (60) days from the date of invoice for final balance due.

FORCE MAJEURE: Due to the artistic and custom nature of the manufacturing process, all quoted completion and delivery dates are estimates only. MMW shall not be liable for delays in completion or shipment or default in delivery for any reason of force majeure or for any cause beyond MMW’s reasonable control including, but not limited to, (a) government action, war, riots, civil commotion, embargoes or martial laws, (b) the manufacturer’s inability to obtain necessary materials from its usual sources of supply, (c) shortage of labor, raw material, production or transportation facilities or other delays in transit, (d) labor difficulty involving employees of the manufacturer or others, (e) fire, flood, or other casualty, or (f) other contingencies of manufacture or shipment. In the event of any delay in the MMW’s performance due in whole or in part to any cause beyond the MMW’s reasonable control, MMW shall have such additional time for performance as may be reasonably necessary under the circumstances. Acceptance by Buyer of any goods shall constitute a waiver by Buyer of any claim for damages on account of any delay in delivery of such goods.
 
TAXES: Buyers are responsible for all sales, excise, import, export or other tax or related taxes (including tariffs) that apply to their order. To obtain tax exemption, for resale purposes, a resale certificate must be provided.
 
RECEIPT OF PRODUCT: MMW highly recommends using a qualified receiving warehouse to receive, inspect, consolidate deliveries and facilitate in-home installation. MMW will recommend a receiver for client if needed. All crated goods must go through a professional receiver such as a receiving warehouse. A receiving warehouse acts as an agent for the client and is responsible to note any damage and assist the owner with filing a freight claim when any damage is found. A signature on the BOL upon receipt of the product confirms that the products are received in good condition unless exception is made on the BOL. Prior to placing an order, Buyer must verify that merchandise is capable of being delivered to the designated destination (e.g., will fit in elevator, upstairs, around corners, etc.) Merchandise will not be accepted for return for failure to verify moving dimensions.
 
TITLE / RISK OF LOSS: Title to merchandise passes to Buyer upon MMW delivery to freight carrier (unless otherwise specified). MMW is not responsible for damage after the merchandise has been accepted in good order by the shipping company and is not responsible for damage sustained in transit. If damage is noticed when unpacking, notify the delivery company immediately for inspection including photographs of the damages. All visible damage should be noted by the recipient on the freight bill before it is signed by the recipient and the delivery company is possible. If the driver must “drop and dash”, the receiver should note on the BOL that any concealed damage of boxes or crated products will be the responsibility of the carrier or the manufacturer as determined upon inspection of the product. Full inspection must occur within 48 hours of delivery and all freight claims filed within 72 hours. Do not destroy packing materials until they are inspected. Take photos of any damage to the packaging, this is necessary to resolve damage claims. Claims for such damage or loss must be made by the Buyer/Receiver directly to the freight carrier in accordance with the Interstate Commerce Commission. Goods damaged in freight cannot be refused by the consignee. Such obvious or subsequently discovered damage must be reported in writing to the carrier in accordance with the applicable regulations and time limits.
 
CLAIMS: There may be slight variations between the final product and a particular website image with respect to the finish, color, tone, graining, or precise measurements. Hand-made products are by nature irregular. MMW’s products will substantially conform to descriptions but are not guaranteed against wearing, color fading or minor variation in color, finish or precise dimensions. All other warranties, either express or implied, are excluded, including the warranties of merchantability and fitness for a particular purpose. Any and all claims against MMW, including defects, shortages and errors, must be made within fifteen (15) days after receipt of merchandise. Failure to make any claim against MMW within such 15-day period shall constitute acceptance of merchandise and a waiver of said defects, shortages, errors and other claims. MMW’s liability shall not exceed the contract price actually paid to MMW for such merchandise and MMW shall in no event be liable for labor charges or any consequential or special damages.
 
DISPUTES: All disputes which involve this Agreement shall be governed by the laws of the state of Georgia. This Agreement contains all the terms and conditions agreed upon by Buyer and MMW which supersedes Buyer’s purchase order. No modification to this Agreement shall be valid unless in writing and signed by both parties.
 

 

CUSTOM & SPECIAL ORDERS - PROCESS:  

PAYMENT: Payment is required for production of your order to start. Any balances due, if any, are payable after you approve the images sent to you of your finished order and before shipping from the factory.

OUR PROCESS VERIFICATION, PRODUCTION & APPROVALS: After a custom order is placed, buyer will receive a custom order specification sheet from the workshop production manager verifying the details and specifications of the custom order. Buyer is required to approve this custom order spec sheet before production can be started. After approval is received, production is then started. Upon completion of the raw (unfinished) state of a custom order, images are sent to the client for approval. After approval is received, then the finishing process is started. Upon completion of the finishing process, final images are then sent to the client of the completed and finished custom order for final approval. Once final approval is received, preparations are made for packing and shipping. Please allow 4-7 months for final delivery of your custom order.

ADDITIONAL CUSTOMIZATIONS: New alterations or additional customizations to your order must be submitted to us in writing. Additional charges will apply to any changes once production has begun on a custom piece. Please be aware that we can implement minor changes at the beginning of production only, major changes to the piece including any adjustments in size or design may result in a reproduction of the entire piece. Customers will be charged the full amount for complete reproduction(s) if the mistake is due to failure of communication on the customer’s part.

RETURNS: Since Custom & Special orders are made just for you, according to your exact customization instructions and requests, please understand that these items are not returnable, with no exceptions.