Terms & Conditions

Lincolnshire Furniture remains committed to superior customer satisfaction. Part of this commitment entails good communication with our customers. This document outlines our business terms and conditions.

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Entire Agreement 

Acceptance of orders is based on the express condition that you (you or buyer) agree to all of the Terms and Conditions (T&C) outlined in this document. These Terms and Conditions represent the complete and exclusive agreement between the parties and no terms or conditions added to or modifying the T&C herein shall be binding upon Lincolnshire unless made in writing and approved and signed by an officer of Lincolnshire Furniture Company (Lincolnshire). These T&C supersede any prior and/or contemporaneous agreement between the buyer and Lincolnshire. Our terms will not be affected by Lincolnshire's shipment of goods following the receipt of the buyers purchase order, shipping request, or similar forms containing printed terms and conditions conflicting with Lincolnshire's T&C herein.

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Pricing 

Prices are subject to change without prior notice. All product prices are exclusive of other charges and freight charges. In order to start order fulfillment we must have a signed/dated order, minimum 60% deposit of the product purchase price, and approved drawing(s) (custom only). All accounts shall be paid net when invoiced. Orders must be paid in full, including shipping, handling, crating and packing, STORAGE, taxes, service, and other appropriate charges/expenses prior to shipping the product(s) from the factory.

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Production Lead Times

Lincolnshire remains committed to short lead times. Our stated Production Lead Times are estimates and subject to variability. See proposal for more specific order lead time.

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Storage Fees

Product must be picked up or approved for delivery/shipment within two weeks of the issuance of the final invoice; if this condition is not met, a 3% of product price per month will be assessed starting on the 15th day. Once we are at the fifteenth day the minimum charge will be for one months storage.

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Order Cancellations

As part of our superior quality commitment we make all products to order. As such, orders are not cancelable after Lincolnshire receives the order. Changes or cancellations are at the sole discretion of Lincolnshire and require prior written approval from our firm. The financial amount assessed for changes and cancellations remain at the sole discretion of Lincolnshire.

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Force Majeure

All quoted completion and delivery dates are estimates only and are subject to change by Lincolnshire upon notice to You. Lincolnshire shall not be liable for delays in completion or shipment or default in delivery for any reason including those of force majeure or for any cause beyond Lincolnshire's reasonable control including, but not limited to, (a) government action, war, terrorism, riots, civil commotion, embargoes or martial laws, (b) Lincolnshire'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 Lincolnshire employees or others, (e) fire, earthquake, storm, flood or other casualty and/or Acts of God, or (f) other contingencies of manufacture or shipment. In the event of any delay in Lincolnshire's performance due in whole or in part to any cause beyond Lincolnshire's reasonable control, Lincolnshire 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.

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Taxes

All taxes and excises of any nature whatsoever now or hereafter levied by governmental authority, whether federal, state or local, either directly or indirectly, upon the sale or transportation of any goods covered hereby shall be paid and borne by Buyer.

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Title/Risk of Loss

Delivery of goods directly to the receiver/delivery service shall be deemed delivery to the Buyer, and thereupon title to such goods, and risk of loss or damage, shall be Buyer's. When Lincolnshire is delivering directly to the receiver/delivery service, any claim by Buyer against Lincolnshire for shortage or damage must be made in writing at time of Lincolnshire's delivery to the receiver/delivery service and stated in writing by the delivery service on Lincolnshire's Delivery Receipt form.

 

When shipment is by carrier to a qualified receiver/delivery service, Lincolnshire's delivery of goods to carrier shall be deemed delivery to Buyer, and thereupon title to such goods, and risk of loss or damage, shall be Buyer's. Any claim by Buyer against Lincolnshire or carrier for shortage or damage occurring prior to such delivery must be made in writing within forty-eight (48) hours after receipt of shipment and accompanied by original transportation bill signed by the carrier noting that the carrier received the goods from Lincolnshire in the conditions claimed. All deliveries are subject to the accompanying Delivery & Return Policy which is incorporated by reference and constitute a part of these terms and conditions.

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Workmanship & Disclaimers

We are committed to providing the highest quality furniture. In part because each product is bench made, actual dimensions may vary from quoted/ordered/web site dimensions. Because of variations in wood grain, wood color and hand mixed stain batches, the finish may look different from our samples, pictures, and/or other pieces.

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We use the highest quality of finishing materials, processes, and methods. However, all finishes will scratch, dent, and mar from normal use and more so when the pieces are not treated properly.

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Method of Shipment

Lincolnshire will arrange product shipments unless Buyer specifies shipment method. Any shipments returned to Lincolnshire as a result of Buyer's unexcused delay or failure to accept delivery will require Buyer to pay all additional costs incurred by Lincolnshire INCLUDING STORAGE FEES.

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Remedies Upon Default

Lincolnshire requires payment for any shipment hereunder in advance and/or upon invoice receipt. If Buyer fails to make payment in accordance with the terms of this agreement or otherwise fails to comply with any provision hereof, Lincolnshire may, at its option, cancel any unshipped portion of this order, retain the raw materials and/or in-process and/or finished goods as Lincolnshire's property, and declare a forfeiture of the deposit as liquidated damages.​

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Waiver

Waiver by Lincolnshire of any breach of these terms and conditions shall not be construed as a waiver of any other breach, and failure to exercise any right arising from any default hereunder shall not be deemed a waiver of such right at any subsequent time. Any such waiver must be in writing and signed by an officer of Lincolnshire.

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Severability

In the event that any one or more of these terms or conditions is held invalid, illegal or unenforceable, such provision or provisions shall be severed and the remaining terms and conditions shall remain binding and effective.

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Controlling Law

This agreement shall be deemed to have been executed and delivered at Lincolnshire Furniture, 200 Larkin Drive, Suite E, Wheeling, Illinois 60090. This agreement and all rights and obligations hereunder, including matters of construction, validity and performance shall be governed solely by the laws of the State of Illinois including the Uniform Commercial Code as enacted in that jurisdiction, without giving effect to the principles of conflicts of law thereof. All disputes shall be adjudicated in the State of Illinois.