The Terms and Conditions outlined below shall apply to every sale made by Habitus Finishes LLC (“Habitus” or “The Habitus Collection”). Including all materials such as tile, cork, stone, mosaics, fabric, wall finish etc., purchased from Habitus. Depending on the type of products sold, additional terms and conditions may also apply and at Habitus discretion.
These Terms and Conditions shall be deemed accepted upon receipt of an order from a buyer to Habitus. In each instance where Habitus transmits an estimate or invoice to a buyer, these ratifies the Terms and Conditions are ratified and replace any previously provided Terms and Conditions.
All orders are irrevocable upon acceptance by Habitus in accordance with the terms and conditions provided below. An accepted order may not be modified or cancelled upon such acceptance. Any order received by Habitus is not binding. Each order accepted is subject to Habitus ability to ship contingent upon product availability and any other causes beyond Habitus control.
Partial shipments can occur. Customers understands they must accept all parts of partial shipments and not selectively reject parts. Acceptance of any part of the products ordered shall constitute acceptance of the entire order.
Habitus prices are to be deemed ex-works Habitus warehouse or production location. For an additional charge per each shipment and at the customers request and expense, shipments will be delivered to customers destination of choice. Risk of loss or damage to the products shall be transferred to the customer. All transportation insurance and other charges are on account on customers behalf. Any shipping arrangements made by Habitus with couriers, carriers or trucking agents, are done so at the customers request. Any claims shall be made solely on the customers behalf and at the customers sole cost and risk of loss and damage. Claims for breakage, damage, loss in transit and delay in delivery must be made to the carrier at time of delivery. Customers must notify the delivering carrier of such claims and issues immediately.
Most products are delivered in cardboard-boxes or wooden pallets. For non-standard size items or multiple packages, Habitus reserves the right to arrange for alternative packing suitable to the order.
Payments will be made by bank wire transfer, credit card, check or online payment system according to Habitus indications. No credit lines are provided. For Custom orders, Habitus can request deposit payment at the time of order with the balance due prior to shipment. If the customer has a balance due, Habitus reserves the right to suspend shipment until all outstanding balances are settled.
In the event customer defaults in its obligations, customer shall be liable for Habitus’ costs of collection, including attorney’s fees and court costs.
Habitus may decide to not process a confirmed and accepted order without liability if customer becomes insolvent or suspends any of its operations or if any petition is filed or proceeding commenced by or against customer under any state or federal law relating to bankruptcy, reorganization, receivership, or assignment for the benefit of creditors. Habitus may in its sole discretion refuse to execute the order or any part thereof, customer remaining liable to pay for any products already shipped.