US DOT: 3116641 MC: 94257 IM:2978
Terms & Conditions - Warehouse & Storage
Miami Furniture Assembly
Terms and Conditions for Warehousing & Storage Services
Agreement to Terms and Conditions. It is agreed that Company’s Warehouse Receipt Terms and Conditions shall govern the dealings between Company and Customer for all warehousing and storage services. It is furthermore agreed that Company’s Warehouse Receipt Terms and Conditions are electronically published at https://www.miamifurnituresassembly.com/ disclamer.html, and may be amended by Miami Furniture Assembly from time to time, without notice. In the event of any conflict between these Warehouse Receipt Terms and Conditions as printed herein and the electronically published Warehouse Receipt Terms and Conditions, the electronically published version shall control. It is expressly understood that this Warehouse Receipt does not cover or apply to any rights, obligations, terms or conditions of the freight forwarding, customs brokerage or other services that Miami Furniture Assembly has provided or may provide to the Customer; and that those separate services shall be governed by their respective Terms and Conditions which are provided separately and are posted on the above referenced website.Disclaimer:
Please remember that furniture can be bulky. Neither we nor the carrier will be responsible for costs or delays due to insufficient clearance for items to be delivered. Please measure all stairwells, hallways, doorways, and elevators to be sure there is adequate clearance. When the carrier calls to schedule delivery, advise them of these dimensions and of any other conditions of your home and property that might be an issue, such as steep or winding driveways, long flights of steps. Customers are responsible for all measurements. Delivery and return handling charges are non-refundable should merchandise not fit. Additionally, there will be a 40% merchandise restocking fee. Remote or inaccessible locations may cause a delivery surcharge or may require that you accept delivery at an alternate location that is accessible. In some remote areas, delivery services may not be readily available.
1. Delivery Options:
a. Curbside delivery: Your items will be delivered to the back of the truck. YOU will be responsible for unloading from the truck, final delivery to your location, installation of the product, and removal of the debris. The truck driver is not obligated to help unload the truck once the product is moved to the back of the truck. Please be aware that most furniture items can weigh 100-1000 lbs depending on the item. You will need at least two people with the ability to lift these weights at the time of delivery. A significant charge will be assessed to you by the shipping company if you are unprepared, unable or refuse to unload the product which will require an additional return trip by the shipper at a later time. Please contact your customer service agents for pricing details and options b. Inside Delivery: For an additional fee you may choose to have your products delivered to your home. Most large items ship with our "White Glove Service". This type of delivery includes delivery of all products inside your home and placed in the room of your choice (on the first floor). This service is inside the room but does include set up in most cases unless it requires assembly. We will get the product inside your home but it is your responsibility to unpack and assemble if needed unless you have purchased the assembly of the furniture. Please contact your customer service agents for pricing details and options available to you. c. IN THE EVENT THE FURNITURE DOES NOT FIT INTO THE ROOM OR INTO THE HOUSE, THE DELIVERY SERVICE WILL NOT RETURN THE MERCHANDISE WITHOUT AN AUTHORIZATION FROM MIAI FURNITURE ASSEMBLY. IN THIS CASE, THE CUSTOMER IS RESPONSIBLE FOR THE FREIGHT COST BOTH WAYS AND A 30% RESTOCKING FEE. d. Inside Delivery and Installation: For an additional fee this type of delivery includes the inside delivery service listed above and includes installation of the products and removal of debris. Please contact your customer service agents for pricing details and options available to you. e. Please note that orders that are refused for no reason without prior notice or canceled after the product is in transit, the customer will incur both freight charges to the customer’s home and the return freight charges back to the warehouse.
a. Pursuant to the terms and conditions of this Warehouse Receipt, Miami Furniture Assembly agrees to receive, store, and release the Goods in accordance with Customer’s reasonable instructions. b. If Miami Furniture Assembly determines that the original palletization of Goods must be broken down for storage purposes, Miami Furniture Assembly shall be authorized to break down the pallets without the further notice required to Customer. c. Storage Location. Miami Furniture Assembly will store the Goods at its discretion at any one or more buildings at Miami Furniture Assembly warehouse location identified on the front side of this Warehouse Receipt. The identification of any specific location with Miami Furniture Assembly warehouse complex does not guarantee that Goods shall be stored therein. Upon ten (10) days prior notice provided to Customer, Miami Furniture Assembly may at its own expense, remove Goods to any other warehouse complex operated by Miami Furniture Assembly. d. Miami Furniture Assembly may provide additional services to Customer as requested and as agreed. Additional handling charges will apply whenever Goods are pulled for distribution or release, whenever physical inventories are requested by Customer, and whenever additional services are requested that are not explicitly included in the monthly storage charge quoted to Customer. Such additional charges will be provided to Customer and will be invoiced to Customer in addition to any storage charges due. e. Termination of Storage. Miami Furniture Assembly reserves the right to terminate storage and to require the removal of the Goods, or any portion thereof, by giving Customer thirty (30) days advance written notice. Customer shall be responsible for payment of all charges attributable to said Goods within the stated period and for removing the Goods from the warehouse upon payment of all charges. If the Goods are not so removed, Miami Furniture Assembly may exercise its rights under applicable law including but not limited to selling the Goods.
f. AFTER SEVERAL ATTEMPTS OF CONTACTING CUSTOMER EITHER THROUGH EMAIL, IF IT WAS PROVIDED BY THE CLIENT OR LANDLINE, MIAMI FURNITURE ASSEMBLY WILL NOT BE HELD RESPONSIBLE FOR ANY DAMAGES OF GOODS BEING STORED AT OUR WAREHOUSE FACILITY AFTER 30 DAYS. AFTER 60 DAYS. CUSTOMER MAY BE LIABLE TO PAY UP TO $15 PER DAY FOR STORAGE FEES UNTIL ITEM IS PICKED UP OR DELIVERED.
g. Freight that has not been accepted or claimed by the consignee or is undeliverable due to error or omission on the part of the shipper, consignee, or owner or for which no disposition instructions have been provided within the 90 days of its arrival shall be considered unclaimed/abandoned.
3. Customer’s Warranties & Tender for Storage.
a. Customer warrants that the Goods are properly marked, packaged, labeled and classified for handling and are fit for storage and any transportation as may be required. Miami Furniture Assembly will not accept Goods that are not properly packaged or which, in the reasonable opinion of Miami Furniture Assembly, are not suitable for movement or storage within the warehouse. b. Customer shall furnish at or prior to delivery, a manifest showing marks, brands or sizes to be accounted for separately and the class of storage desired, if applicable. c. Miami Furniture Assembly receipt and delivery of a LOT (or partial LOT) shall be made without subsequent sorting except by special arrangement and subject to a charge. d. Hazardous Materials. Unless otherwise made known to Miami Furniture Assembly in writing and accepted by Miami Furniture Assembly, Customer warrants that the Goods are not considered hazardous materials and/or dangerous goods at the time the Goods are tendered to Miami Furniture Assembly. If hazardous materials and/or dangerous goods are tendered for storage and accepted by the Miami Furniture Assembly, a notation shall be so made on the face of this Warehouse Receipt. Customer warrants that the Goods shall be limited to the permissible materials and quantities in the then current regulations, and agrees to properly classify the Goods, to accurately describe the Goods, and to provide Miami Furniture Assembly with all necessary or useful information for the safe storage and handling of the Goods including but not limited to, whenever applicable, Material Safety Data Sheets and/or Product Safety Data Sheets. If Customer breaches any of the foregoing warranties related to tender of hazardous materials or dangerous goods or otherwise delivers any such unfit Goods to Company, Miami Furniture Assembly shall be entitled to exercise all available remedies including the immediate destruction or removal of the Goods from the warehouse without notice to Customer. In the event of the foregoing breach of Customer warranties, Customer shall be liable for all expenses costs, losses, damages, fines, penalties or other expenses of any sort incurred by Company in connection with the removal, or destruction, or handling of the Goods and shall indemnify Miami Furniture Assembly against all amounts, liabilities, claims, or damages arising in connection with the Goods. e. For all Goods tendered for storage, Customer shall supply such information and documents as are necessary to comply with all laws, rules, and regulations. For all Goods, Customer shall provide to Miami Furniture Assembly all documents or information necessary or useful for the safe and proper warehousing, handling, storage, and transportation (if any) of the Goods. If all such information and documents are not fully, accurately and timely provided to Miami Furniture Assembly, Customer shall indemnify Miami Furniture Assembly for all consequences of such failure. f. Customer warrants its compliance with all applicable laws, rules, and regulations including but not limited to customs laws, import and export laws, as well as with the U.S. Foreign Corrupt Practices Act and similar laws related to anti-corruption and anti-bribery.
4. Payment Terms & Collection Expenses.
Warehousing and storage accounts are due and payable monthly, in advance. Miami Furniture Assembly will issue the monthly statement, in advance to Customer and Customer shall pay Miami Furniture Assembly within 5 days of the invoice date unless otherwise agreed by the Parties in writing. All invoices not paid within 5 days of invoice date will be subject to a late fee of 1.5% per month, or the maximum rate then allowable pursuant to applicable law. If it becomes necessary for Miami Furniture Assembly to utilize a collection agency and/or an attorney to collect any unpaid amount owed or to assist in effectuating the lien provisions herein, Customer shall be obligated to pay the collection agency fees and/or attorney fees, and expenses including court costs incurred, regardless of whether litigation is actually filed.
5. Lien Rights.
Miami Furniture Assembly shall have a lien on the Goods tendered by Customer and upon any and all property belonging to Customer in Company’s possession, custody or control for all charges, advances or amounts of any kind due to Miami Furniture Assembly under this Warehouse Receipt or under any prior or subsequent invoices issued to Customer by Company (including charges for storage, handling, transportation, demurrage, terminal charges, insurance, labor, and any other charges incurred). Miami Furniture Assembly shall have a lien on the Goods and may refuse to surrender possession of the Goods until all charges or debts are paid in full. If such amounts remain unpaid for 30 days after Company’s demand for payment, Company may sell the Goods at public auction or private sale or in any other manner reasonable and shall apply the proceeds of such sale to the amounts owed. Customer remains responsible for any deficiency outstanding to Company.
a. Miami Furniture Assembly shall not be liable for any loss or destruction of or damage to the Goods. Miami Furniture Assembly is not liable for damages which could not have been avoided by the exercise of such care. Company and Customer agree that Company’s duty of care referred to herein shall not extend to providing a sprinkler system at the warehouse complex or any portion thereof. b. In no event shall Miami Furniture Assembly be liable for any loss or damage caused by:
i. acts of God; public authorities acting with actual or apparent authority; strikes; labor disputes; weather; mechanical or equipment failures; cyber attacks; civil commotions; hazards incident to a state of war; acts of terrorism; acts or omissions of customs or quarantine officials; acts of carriers related to security; the nature of the freight or any defects thereof; inherent vice of the goods; perishable qualities of the merchandise; fires; frost or change of weather; sprinkler leakage; floods; wind; storm; moths; public enemies; or other causes beyond its control; ii. fragile articles injured or broken, unless packed by Company’s employees and unpacked by them at the time of delivery; iii. pilferage or theft, unless such loss or damage is caused by the failure of Company to exercise such ordinary care required by law; and iv. concealed damage, or for losses incurred due to the concealed damage of the Goods c. In no event shall Miami Furniture Assembly be responsible for loss or damage to documents, stamps, securities, artwork, heirlooms, jewelry or other articles of high and unusual value unless a special agreement in writing is made between Miami Furniture Assembly and Customer with respect to such articles. d. No Consequential Damages. IN NO EVENT, WHETHER AS A RESULT OF BREACH OF COMPANY’S DUTIES, NEGLIGENCE LIABILITY WITHOUT FAULT OR ANY OTHER LEGAL THEORY OR BASIS, SHALL COMPANY BE LIABLE FOR ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL, STATUTORY OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, LOSS OF PROFITS OR LOSS OF MARKET, LOSS OF INCOME, DAMAGES ARISING FROM LOSS, ATTORNEYS FEES OR PUNITIVE DAMAGES, WRONG DELIVERY, OR DAMAGE TO PROPERTY, LOSS OF USE OF GOODS, COST OF SUBSITUTED GOODS, DELAYED DELIVERY OR FAILURE TO ATTEMPT DELIVERY, WHETHER OR NOT COMPANY HAD KNOWLEDGE THAT SUCH DAMAGES OR LOSSES MIGHT OCCUR.
7. Notice of Claim and Filing of Suit.
a. Miami Furniture Assembly shall not be liable for any claim whatsoever for any loss, damage, or destruction of the Goods unless it is timely filed, in writing, within a maximum of sixty (15) days after Customer knew, or should have known by the exercise of reasonable care, of such loss or damage. b. Time Bar. Any lawsuit or other claims against Miami Furniture Assembly with respect to the Goods shall be forever waived unless commenced within 30 days (30) days after Customer knew or should have known by the exercise of reasonable care, about such loss or damage.
8. Notices. All written notices herein may be transmitted by any commercially reasonable means of communication providing a delivery receipt to the sender and shall be directed to Company and Customer at the address set forth on the front side of the Warehouse Receipt, unless otherwise instructed by either party in writing.
9. Governing Law. This Warehouse Receipt shall be governed by the laws of the State where the Company’s warehouse is located, as identified on the face of the Warehouse Receipt, without reference to its conflict of laws principles.
10. Merger; Waiver; Severability, etc. This Warehouse Receipt constitutes the entire understanding between Customer and Company regarding the storage of the Goods and services provided. This Warehouse Receipt supersedes all prior or contemporaneous verbal or written negotiations, statements, representations, or agreements. This Warehouse Receipt may not be modified except for a written agreement between Customer and an officer of Company. If any section or portion of this Warehouse Receipt is held by any court to be illegal or unenforceable it shall not affect the legality or enforceability of the remaining provisions or terms and conditions herein. Company’s failure to insist upon strict compliance with any provision of this Warehouse Receipt shall not constitute a waiver or estoppel to later demand strict compliance thereof and shall not constitute a waiver of or estoppel to insist upon strict compliance with all other provisions of this Warehouse Receipt.
11. Headings Not Binding. The use of headings in this Warehouse Receipt is for ease of reference only. Headings shall have no effect and are not considered to be part of or a term of these Warehouse Receipt Terms and Conditions.