terms and conditions of sale
PLACING ORDERS
When placing your order please note, we must have the following information:
· Purchase Order Number
· Quantity Needed
· Product Number and/or Name
· Wood Finish if applicable
· Upholstery Selection
· Special Tags or Delivery Information
Orders can be faxed directly to our office at 828.572.0708 or e-mailed to kphillips@philmarkoffice.com
Philmark Office, LLC
121 Artville Avenue
Hudson, North Carolina
828.572.0706
www.philmarkoffice.com
ACKNOWLEDGMENTS
Each order will be checked for accuracy and acknowledged by Philmark Office LLC as quickly as possible. Customers
should check each acknowledged order and notify Philmark Office LLC of any discrepancies. The acknowledgment is the
final agreement between Philmark Office LLC and the customer, superseding all previous contact regarding the order.
PRICING
All published prices are list prices. Prices on acknowledged orders are net prices.
CREDIT TERMS
Customers who have provided Philmark Office LLC with a credit application, and have been approved, are on standard
payment terms of Net 30 days from date of shipment. Payment is due when an order is invoiced, and is considered
delinquent if not paid within 30 days. In the event that payment for an order is delinquent, the customer will be liable,
and agrees to pay all costs involved in the collection process including any attorney fees. Interest will be charged at the
rate of 3% per month on delinquent accounts.
SPECIAL ORDERS
Orders with abnormal quantities (orders greater than $10,000 net), non-standard items, and initial (first) orders on
credit accounts require a deposit of 50% of the total order amount before the order will be acknowledged by Philmark
Office LLC, or placed into our production schedule. All special orders may require additional production time.
SMALL ORDER HANDLING FEE
Effective January 1, 2016, any purchase orders shipping to locations in North & South Carolina that are not on state
contracts and are at $5,000 list or less, will be assessed a $75.00 Small Order Handling Fee. If you wish to pick up
your orders from our Hudson, NC facility, the $75.00 fee would not apply.
QUOTATIONS
Quotations for any and all Philmark Office LLC products can be made only by our office in Hudson, NC, and must be on
a Philmark Office LLC quotation form to be valid. No agent, salesperson, or representative is authorized to quote prices,
change prices, or modify any terms or conditions of sale, without written consent from Philmark Office LLC. Quotations
are valid for a period of 60 days unless otherwise stated on the original quotation form.
ORDER CANCELLATIONS/CHANGE ORDERS
Our acknowledgment of received orders is final and binding, and is not subject to be cancelled by customer. Orders
already placed into production, wood finishing in process, or upholstery ordered and/or received cannot be cancelled.
Any request for changes to an acknowledged order must be made in writing to our office at 828.572.0708. Orders
already in production are subject to a change order fee if applicable.
RETURNS
No merchandise returned will be accepted without our written authorization. All unauthorized returns will be refused and
returned freight collect to the customer. Authorized returns are subject to a minimum 25% restocking charge. Special
orders, custom finishes, and non-standard items cannot be returned.
WOOD FINISHES
Due to the variations in color, grain, and textures of wood, there may be minor finish differences in pieces even though
they are finished at the same time. Light exposure and wood’s aging process will cause natural wood products to darken.
Philmark Office LLC does not guarantee the exact matching of grain, patterns, or color. Custom wood finishes are subject
to an additional charge of 5% of the total net of the order or a $100 net minimum per order. When matching other wood
finishes, a finished wood sample must be submitted with the original order. Finish panels must be signed off by the
customer before the order is placed into production.
CLAIMS
Philmark Office LLC is not responsible for damages or loss that occurs in transit. All products are shipped at the
customer’s own risk after all components have been thoroughly inspected, and securely packaged in shipping cartons.
All products are accepted as such, at our dock in Hudson, NC by the carrier. Before accepting your order from the carrier,
inspect cartons carefully and note any loss or damage on the delivery receipt. If any products are damaged, make your
claim immediately with the delivering carrier. If damage is concealed and not found until unpacking, keep all packaging
materials, and notify the carrier immediately to have inspected. Claims against Philmark Office LLC for any damaged
products must be filed in writing within five (5) days after delivery. Failure to file a claim within this time shall constitute
acceptance of your order and waiver of any defects, errors, or shortages. Our liability is limited to the selling price of any
defective product(s), and shall in no event include profits lost, or any other loss incurred.
product
warranty
Philmark Office, LLC products are manufactured using the highest quality components
with the highest level of detail and workmanship. Philmark Office, LLC warrants to the
original purchaser from the original date of purchase that our ergonomic seating products
shall be guaranteed against defects in material and workmanship for the entire time owned
by the original end user. All other products are guaranteed for a period of ten (10) years.
Philmark Office, LLC will repair or replace, at it’s option, without charge to the original
purchaser only, products found to be defective after inspection. This warranty is for products
used in a standard commercial environment, defined as a standard 8 hour work day, five
days a week, with an occupant weight limit of 275lbs. Synchronous models including, but
not limited to the Em3, Em4, & Mb3, are rated to a weight limit of 325lbs. Products
manufactured by Philmark Office, LLC and designated as heavy duty carry a maximum
occupant weight limit of 450lbs, and are approved for 24/7 use.
Should any product or parts fail during normal use, please contact the Philmark Office, LLC
authorized dealer/reseller to request a suspected warranty issue inspection. After the
product(s) have been inspected, Philmark Office, LLC will determine the appropriate course
of action to resolve the warranty issue. Philmark Office, LLC requires digital photos of any
parts considered to be a manufacturer’s defect, as well as a digital photo of the Philmark
warranty
Office, LLC ID label located on the underside of the seat.
Philmark Office, LLC is not responsible for damage to products occurring in transit. Before
any shipment is received and accepted from the freight carrier, all items should be verified
on the packing list and inspected for visible damage or any signs of concealed damage. For
any visible carton or product damages, the Bill of Lading should be appropriately marked
and an inspection of the product by the freight carrier should be requested. Concealed
damage must be reported to Philmark Office, LLC within 15 days of delivery. After the 15
day deadline, any claims must be filed by the accepting entity with the freight carrier and
not Philmark Office, LLC.
Upholstery fabric is warranted by the fabric manufacturer on its literature or warranty
statement. Leather is not warranted against normal scuffing or scratching, as all leathers
are subject to this during use. COM and COL are not covered under this warranty.
Philmark Office, LLC’s product warranty does not apply to fabric stretching, gradual cushion
compaction, or partial loss of resiliency of both foam, and/or fiber components.
This warranty does not apply to products or parts of products that have been subjected to
misuse, abuse, accident, alteration, or vandalism. You agree to indemnify and hold harmless
Philmark Office, LLC from any actions, claims, demands, damages, liabilities, costs, and
strict liability in contract, or any other legalities arising out of the misuse, abuse, accident
or damage.