Furniture Market Clearance Center Terms and Conditions of Sale

This Agreement is incorporated into the Customer’s Order by this reference. By signing this Agreement and/or submitting the initial deposit, Customer accepts and agrees to the below terms and conditions.

DEFINITIONS

• Customer, you, your = person placing order or entering into this Agreement.
• Day = calendar day.
• FMCC, us, we, our = Furnitureland South, Inc. d/b/a Furniture Market Clearance Center
• Home, Destination = the address where you have asked us to deliver your Items.
• Merchandise, Item (or Items) = products you have
• Order = Sales Order
• Purchase Price = the total price indicated on the Order.

ARTICLE 1 – PURCHASING MERCHANDISE
Customer will pay the full Purchase Price for an Order at the time of purchase. You may either take the Item(s) that day, hire a third party delivery service, or pay for FMCC to deliver the Item(s) to your Home. Customer is responsible for the accuracy of their Order and for ensuring that the size and dimensions of the Merchandise will fit in their Home. FMCC takes no responsibility if any Item is too large or small to be used as intended by the Customer. ALL SALES ARE FINAL. NO RETURNS, REFUNDS, OR EXCHANGES.

ARTICLE 2 – CUSTOMER PICK UPS
When you or anyone acting on your behalf takes possession of Items at FMCC, or arranges for a delivery from FMCC, the shipment is FOB our location. This means you accept responsibility for transporting and insuring the Merchandise once it leaves FMCC. You agree to carefully inspect all Merchandise before we release it to you. FMCC will not be responsible for any damage, defect, or missing Item after we release the Merchandise. FMCC may provide reasonable assistance in loading the items into your vehicle, but will not be responsible for failure to package or secure the items properly, or for any damages related to the transportation or installation of the items. Additionally, at the time of pickup, FMCC may require you to sign a document which releases FMCC from further liability related to the Order.

ARTICLE 3 – DELIVERY

1. You may opt for FMCC to deliver your Merchandise for an extra fee. Delivery fees are based on actual weight of the Merchandise and the distance to the Destination. The delivery fee will be added to your Order and must be paid in full at the time you purchase the Item(s).
2. When Items are ready to deliver, we will email you and coordinate a delivery date. Notification is deemed received when sent to the email address you have given us. Let us know of any change to the email address you have given us, to ensure timely and proper delivery.
3. If you do not accept delivery within 30 Days of Notification, we will store your Merchandise free of charge for an additional 60 Days, provided you have paid the remaining balance of the Purchase Price. This means a total of 90 Days of free storage. After the 90 days, a monthly storage fee equal to two percent (2%) of the Purchase Price will be applied. Delivery of all Items must be accepted within one year of Notification. If delivery is not accepted within one year, or if the storage fee is not paid monthly, we have the right to cancel the Order and terminate this Agreement. In such an instance, Customer will not receive a refund.
4. Once your delivery has been scheduled, a redelivery fee will be charged if you cancel or do not accept the delivery.
5. We will send a team (our “Team” or “Delivery Team”) to deliver, unload, unbox, and place the Merchandise in your Home. If you cannot be present to accept delivery of your Merchandise, you agree to arrange to have an authorized person present to inspect, accept, and sign for delivery on your behalf. If the Destination is not reasonably accessible, our Delivery Team will transport your Merchandise to the nearest accessible point, and you will transport the Items to the Destination from there. If delivery to your Home involves our paying a fee (for instance, a small-truck rental, ferry use, gate fee, after-hours fee, or a fee for limited-access communities) you agree to reimburse us. If needed, you will provide an additional person to assist our Team. If needed, please give us written directions, a map to your Home, or any special delivery instructions.
6. Our Delivery Team will require convenient access from outside your Home, through and to the area where you would like your Merchandise placed (including a clear space for placement). Our Team will not move anything in your home that impedes placement of your Merchandise. Please make sure the Items will fit through entrance and passageways by a comfortable margin before delivery. If you direct delivery through areas with limited space such as narrow halls, doorways, or stairwells, we will not be responsible for damage that may result in attempting placement. If the designated area has not been cleared or is not practical to reach, Items will be placed at the nearest point accessible. Our Team will not attach, mount, or hang Items on walls, set up pool tables, start clocks, or install televisions or other electronics.
7. Our Delivery Team will carry Merchandise up or down three floors. We may agree to deliver Items to additional floors for a fee of $50 per floor, per Item.
8. FMCC will not be liable for damages resulting from delays in delivery due to circumstances beyond our reasonable control.

ARTICLE 4 – NO WARRANTIES

1. ALL ITEMS FOR SALE AT FMCC ARE SOLD “AS IS” WITH ALL FAULTS. NO REFUNDS, REPAIRS, OR REPLACEMENT WILL APPLY. FMCC DISCLAIMS ALL WARRANTIES EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. CUSTOMER WILL NOT HOLD FMCC RESPONSIBLE FOR INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY, SPECIAL, OR CONSEQUENTIAL DAMAGES RELATED TO, OR ARISING OUT OF, ANY PROVISION OF THIS AGREEMENT, ANY MERCHANDISE WE DELIVER, OR SERVICES WE PERFORM. TO THE MAXIMUM EXTENT PERMITTED BY LAW, CUSTOMER AGREES THAT OUR TOTAL, CUMULATIVE LIABILITY WILL BE LIMITED TO THE ISSUANCE OF A STORE CREDIT IN AN AMOUNT UP TO THE PURCHASE PRICE. ANY CLAIM AGAINST FMCC MUST BE BROUGHT WITHIN EIGHTEEN MONTHS FROM THE PURCHASE DATE, OR TWELVE MONTHS FROM THE DELIVERY DATE, WHICHEVER IS LESS. NOTHING IN THIS AGREEMENT WILL EXCLUDE OR LIMIT ANY LIABILITY WHICH CANNOT BE LIMITED OR EXCLUDED BY LAW.
2. NOTWITHSTANDING ANYTHING ELSE IN THIS AGREEMENT, CUSTOMER SHALL HOLD FMCC HARMLESS FROM ANY CLAIM RELATED TO PURCHASED MERCHANDISE THAT IS DUE TO OR IN ANY WAY RESULTS FROM: (i) ACTS OF GOD; (ii) BUYER’S OR ANY THIRD PARTY’S NEGLIGENCE, ABUSE, MISUSE, ACCIDENT, MODIFICATION, TAMPERING, OR ALTERATION RELATED TO THE MERCHANDISE; (iii) BUYER’S OR ANY THIRD PARTY’S FAILURE TO PROPERLY MAINTAIN THE MERCHANDISE; OR, (iv) THE CONTINUED USE OF THE MERCHANDISE FOLLOWING NOTICE OR KNOWLEDGE OF ANY DEFECT OR RISK OF INJURY.

ARTICLE 5 – CONSUMER WARNING AGAINST FURNITURE TIPPING OVER
A.  FURNITURE MAY TIP OVER. TO REDUCE RISK OF DAMAGE AND INJURY FROM TIPPING, YOU AGREE TO COMPLY WITH PACKING INSTRUCTIONS, MANUFACTURER’S SAFETY WARNINGS, AND THE FOLLOWING:

• USE FURNITURE ONLY FOR ITS INTENDED PURPOSE

• DO NOT PLACE HEAVY OBJECTS ON TOP OF THE FURNITURE.

• NEVER ALLOW A PERSON TO STAND OR HANG ON FURNITURE.

• NEVER ALLOW MORE THAN ONE DRAWER TO BE OPENED AT ONE TIME.

• PLACE HEAVIEST OBJECTS IN LOWEST DRAWERS.

1. WE STRONGLY ENCOURAGE THAT YOU PROACTIVELY TAKE EVERY MEASURE POSSIBLE TO SECURE AND ANCHOR DRESSERS AND LARGE PIECES. USING TIP-OVER RESTRAINTS MAY REDUCE BUT NOT ELIMINATE THE RISK OF TIP-OVER.
2. FMCC MAKES NO REPRESENTATIONS OR WARRANTIES RELATED TO ANY MANUFACTURER’S COMPLIANCE WITH INDUSTRY SAFETY STANDARDS OR APPLICABLE LAWS, INCLUDING BUT NOT LIMITED TO, THE STOP TIP-OVERS OF UNSTABLE, RISKY DRESSERS ON YOUTH (STURDY) ACT OR THE SAFER OCCUPANCY FURNITURE FLAMMABILITY ACT (SOFFA). SINCE FMCC IS NOT A MANUFACTURER, CUSTOMER WILL NOT HOLD FMCC LIABLE FOR LOSSES OR INJURY DUE TO PRODUCT DESIGN OR DEFECT. WE URGE YOU TO CONSULT THE MANUFACTURER’S WEBSITE AND OTHER ONLINE RESOURCES ON HOW TO PREVENT TIP-OVERS. PLEASE EXERCISE THE UTMOST CARE TO ENSURE PRODUCT SAFETY IN YOUR HOME.

ARTICLE 6 – CUSTOMER INFORMATION

It is necessary for you to provide your contact information to us when placing an Order. Typically, we will collect your physical address, phone number, and email address, which we will store in our customer records. By placing an Order, you consent to receive FMCC marketing communications via mail, email, or text messaging; however, you may opt out of receiving such materials by following the instructions contained in the communications or by calling us. Other than for the purpose of disseminating marketing communications, FMCC will not share your information with any third party.

ARTICLE 7 – OTHER IMPORTANT MATTERS

1. Sales & Use Tax. We are obligated by law to collect Sales & Use Tax for most states, which will be collected when you pay your The tax rate indicated on your Order will be calculated based on the then-current rate in effect for the Destination. If the applicable tax rate changes or if you change the Destination, the delivery fees and tax rate may be adjusted. North Carolina sales tax applies when Merchandise is picked up at FMCC or delivered to a North Carolina address.
2. THIS AGREEMENT SHALL BE GOVERNED AND INTERPRETED IN ACCORDANCE WITH THE LAWS OF NORTH CAROLINA, WITHOUT REFERENCE TO CONFLICT OF LAWS, OR WHICH PARTY IS DRAFTER. BOTH PARTIES AGREE TO RESOLVE ANY DISPUTE, CONTROVERSY, OR DIFFERENCE BETWEEN US THROUGH FRIENDLY NEGOTIATIONS IF AT ALL POSSIBLE. IF NO AGREEMENT CAN BE REACHED, THE MATTER WILL BE RESOLVED EXCLUSIVELY AND FINALLY IN GUILFORD COUNTY, NORTH CAROLINA BY THE OUT-OF-COURT RESOLUTION PROCESS KNOWN AS BINDING ARBITRATION, BEFORE A SINGLE ARBITRATOR, IN ACCORDANCE WITH THE AMERICAN ARBITRATION ASSOCIATION (“AAA”). EITHER PARTY MAY INITIATE THIS. IN THE EVENT OF AN INCONSISTENCY OR CONFLICT BETWEEN THIS AGREEMENT AND AAA PROCEDURES, THIS AGREEMENT WILL CONTROL. IF JUDICIAL ACTION IS NEEDED IN CONNECTION WITH ENFORCING THE ARBITRATION PROVISIONS OR FOR REMEDIES THAT CANNOT BE ARBITRATED, THE PARTIES GRANT EXCLUSIVE JURISDICTION TO THE NORTH CAROLINA JUDICIAL SYSTEM WITH VENUE IN GUILFORD COUNTY. YOU AGREE NOT TO PARTICIPATE IN CONSOLIDATING OR CONSOLIDATED CLAIMS AGAINST US AND WILL NOT PARTICIPATE IN ANY CLAIMS AS CLASS REPRESENTATIVE OR UNDER THE DOCTRINE OF PRIVATE ATTORNEY GENERAL.
3. The Customer will reimburse FMCC’s costs and reasonable attorney fees in collecting an unpaid balance that is overdue, or if a claim or civil action is brought against FMCC in any other jurisdiction or otherwise not in keeping with this Agreement.
4. This document contains everything agreed on between the Parties. To be effective, any change in these terms as printed by FMCC in this document must be in writing and signed by both Parties. Customer cannot assign its rights under this Agreement to a third party. A Customer’s obligations under this Agreement will not be affected by chargebacks, or a limiting endorsement on checks.
5. By making a deposit, you show your agreement with these terms. To request a change in features such as your Order, delivery, or method of payment, you authorize us to rely and act on communications by paper writing, phone, fax, text, email, or other electronic media.
6. If part of this Agreement is found unenforceable it will be interpreted to lawfully accomplish its essential purpose. The other provisions will not be affected.
7. Any provisions of this Agreement that are reasonably intended to survive termination, will survive termination of this Agreement.
8. The headings in this Agreement are for convenience and will not affect interpretation.

By placing your Order and/or signing below, you acknowledge that you have read, understand, and will comply with the provisions of this Agreement.