DELIVERY AND RECEIPT.
SENTIENT endeavors to always have delivered products that are free of defects in workmanship and materials. On receipt and delivery of any SENTIENT product which is not free of such defects the buyer, or buyer’s agent, shall notify SENTIENT immediately, or within the period no less than 24 hours after such receipt or delivery, as to all relevant information related to all defects. SENTIENT will, as soon as practically possible thereafter repair or replace, at SENTIENT’s discretion, the affected parts of the product.
For any defect or defects as to workmanship and materials not related to the DELIVERY AND RECEIPT SENTIENT relies on Article 2 of the Uniform Commercial Code with respect to implied warranties of merchantability in that the goods are fit for the ordinary purposes they are intended to serve.
FIT FOR THE PURPOSE.
Any buyer of goods from SENTIENT must notify SENTIENT if the goods are to be used for specific purpose other than the purpose for which those goods are normally used. Any such notice must be in writing and must be acknowledged and accepted in writing by SENTIENT. If the aforementioned conditions in this clause are not fulfilled then the implied warranty of fitness for the purpose as contained in Article 2 of the Uniform Commercial Code shall not apply and is hereby specifically excluded.
Many goods sold by SENTIENT are built to the buyer’s specifications and requests or other customization requirements. By their nature customized goods are subject to reasonable and/or moderate deviation with respect to, but not limited to, colors, finish and minor construction details. The buyer hereby acknowledges and accepts minor deviations are not grounds on which to cancel or in any way to renege on any sale. More particularly when the goods supplied use solid woods, solid slabs, laminated boards and veneers then the purchaser acknowledges that with respect to such goods there is a possibility of the occurrence of cracks and checks. The buyer hereby agrees that where such cracks and checks appear, but do not cause and structural defects, then such checks and cracks shall not give rise to void, alter or renege on any and all terms of the agreement between the SENTIENT and the buyer.
RETURNS AND RESTOCKING CHARGE.
Most of SENTIENT’s orders are hand-made built to customer’s requested dimensions and specifications and shall be subject to a substantial restocking charge if the buyer wishes to return the goods. When a buyer agrees to purchase furniture or any other item from SENTIENT, and has paid a deposit of 25% or more of the final purchase price, the buyer agrees and confirms that the buyer is purchasing made-to-order goods and understands there shall be a restocking charge in the amount of 40% of the total purchase price plus and pick up and shipping charges to have the goods returned to the SENTIENT workshops from where the furniture or goods where originally manufactured. SENTIENT confirms the restocking charge shall not apply if the goods are significantly defective as to workmanship and materials or are not fit for the purpose for which the goods were supplied as defined by the Uniform Commercial Code.
The buyer accepts that because many goods sold by SENTIENT may be customized and that any indication as to a delivery date, whether made verbally or otherwise, is a good faith estimate. The buyer understands that SHIMNA shall endeavor to deliver the goods at or around the approximate delivery date, however, the buyer understands that reasonable delay shall not be cause to cancel or alter the terms of any agreement for the sale of the goods. SENTIENT will contact the purchaser prior to delivery to arrange the specific delivery details. SENTIENT shall not be liable for any loss, damage, delay or failure of performance resulting directly or indirectly from any cause which is beyond its reasonable control including, but not limited to, the laws, regulations, acts or failure to act of any governmental authority.
THIRD PARTY MATERIALS.
Whenever a buyer specifically requests third party materials or products, from manufacturers and suppliers other than SENTIENT, are to be incorporated into finished products sold by SENTIENT the buyer is hereby given notice that he or she the buyer shall not look to SENTIENT but shall look to and seek from those third party suppliers any remedy or redress for defects incurred as a result of faults and defects arising from those third party materials. The buyer hereby also warrants and indemnifies SENTIENT for any and all liability related to those third party material faults or defects.
276 Greenpoint Avenue Building 9 Floor 5
Brooklyn, NY 11222