All orders are subject to acceptance by the wholesaler (“Seller”) of the Product Line (“Manufacturer”). Buyer (“Buyer”) is defined as the person, firm or company, authority or government department, which purchases the Goods from the Seller.
Acceptance of orders is based on the express condition that buyer agrees to all of the terms and conditions contained herein. Acceptance of delivery by buyer will constitute buyer’s assent to these terms and conditions. These terms and conditions represent the complete agreement of the parties, and no terms or conditions in any way adding to, modifying, or otherwise changing the provisions stated herein, shall be binding upon manufacturer unless prior written approval is signed and approved by an officer of manufacturer. No modification of any of these terms will be affected by manufacturer’s shipment of goods following receipt of buyer’s purchase order, shipping request or similar forms containing printed terms and conditions conflicting or inconsistent with the terms herein.
All quoted completion and delivery dates are estimates only. FORMA ROSSA FURNITURE shall not be liable for delays in completion, shipment, or default in delivery for any reason of force majeure or for any cause beyond Manufacturer’s or FORMA ROSSA FURNITURE’s reasonable control including, but not limited to, (a) government action, war, riots, civil commotion, embargoes or martial laws, (b) Manufacturer’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 employees of Manufacturer or others, (e) fire, flood or other casualty, or (f) other contingencies of manufacture or shipment. In the event of any delay in Manufacturer’s performance due in whole or in part to any cause beyond Manufacturer’s reasonable control, Manufacturer 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.
- The Seller reserves the right, without prior notice, to discontinue products or change specifications on products.
- FORMA ROSSA FURNITURE’s finishes are applied by hand and may vary in color, tone and character. While FORMA ROSSA FURNITURE will make every effort to match the finish, no guarantee can be made of an exact match. FORMA ROSSA FURNITURE does not guarantee that finishes will neither fade nor oxidize throughout time.
- FORMA ROSSA FURNITURE makes every effort to accurately display the attributes of the Products, including applicable colors on its website. However, the actual colors and textures displayed may depend on the user’s device, and FORMA ROSSA FURNITURE cannot guarantee that such device will accurately display the same exact colors and textures.
- Due to the nature of FORMA ROSSA FURNITURE manufacturing processes, techniques and selection of materials, certain products may exhibit slight variations, minor marks, pitting, porosity and/or color anomalies. Many wood, stone and metal materials and finishes may vary in color, veining, tone and character. It is considered to be part of their natural beauty.
- All of the Seller’s drawings, descriptive matter, weights, dimensions, descriptions and illustrations contained in the catalogues, price lists or advertisements are close approximations only and intended to give a general description of the goods. Furniture and lighting pieces are handmade, and therefore are subject to slight variations.
- The Seller does not guarantee fabrics, dyed or natural, from fading. The foregoing warranty is in lieu of and excludes all other warranties not expressly set forth herein, whether express or implied by operation of law or otherwise, including but not limited to any implied warranties of merchantability or fitness.
- FORMA ROSSA FURNITURE is free to apply any design changes without prior notice. Images on the catalogue or website may vary from the final product.
- FORMA ROSSA FURNITURE ships its lighting products without bulbs to North America and other countries that use 110-127V outlets.
- For lighting pieces plugs and switches are included and in accordance with the standards of the country to which the product is destined.
- Mattresses are not included on our beds.
- FORMA ROSSA FURNITURE has the ability to customize existing products or new products to meet contract specifications – all situations that require custom designs are subject to an upcharge. Special pricing based on quantity and features will be provided upon request for all customized products – decision will be made on a case-by-case basis and the Buyer will be notified of any respective fees.
- FORMA ROSSA FURNITURE reserves the right to upcharge any product with gold, nickel, black nickel or copper finishes apart from its standard metal ones.
- FORMA ROSSA FURNITURE reserves the right to upcharge any product with real leather apart from its standard ones.
- FORMA ROSSA FURNITURE reserves the right to upcharge any product with synthetic leather.
- FORMA ROSSA FURNITURE reserves the right to upcharge 75€/$90 per color to any product which uses a RAL colors apart from its standard lacquered ones.
- FORMA ROSSA FURNITURE is able to provide all lighting pieces with LED bulbs instead of halogen bulbs.
- Before any order, FORMA ROSSA FURNITURE is free to charge a design fee for more extensive drawings or renders the Buyer may request for customized products. These fees are non-refundable once paid for and will be deducted on the final cost of the order.
- Should any product need extensive and more detailed customization, FORMA ROSSA FURNITURE will only proceed to the prototyping phase once any technical drawings of such customizations have been signed by the Buyer.
- Any customization regarding specific dimensions or finishes will require special pricing based on product quantity and features. In such cases, additional design fees may apply. This will be determined on a case-by-case basis at which time the Buyer will be notified of any said fees.
- For pieces with custom specifications the Seller reserves the right to extend the listed lead time.
- Custom orders are not returnable under any circumstances
- MONTINI FURNITURE reserves the right to upcharge if marble is not standard
CUSTOMER’S OWN MATERIAL/LEATHER (COM/COL)
- Fabric quantity requirements are based on a standard width of 1,40m/55.11in for plain fabrics. If the Buyer’s fabric has a different width or contains a pattern, FORMA ROSSA FURNITURE must be notified in order to provide the Buyer with the exact required fabric quantity.
- If the pattern requires matching, FORMA ROSSA FURNITURE must be notified of the repeating patterns for a calculation of additional yardage/meters required and/or additional charge for matching.
- The Buyer is responsible for advising FORMA ROSSA FURNITURE in writing of any specific requirements to special alignment, placement of or detail, front or back of the COM/COL. Otherwise COM/COL will be applied according to the upholsterer’s guidelines based on the standard model.
- The Buyer is responsible for the fabric costs and all export fees to the FORMA ROSSA FURNITURE warehouse. FORMA ROSSA FURNITURE does not accept any fabrics if the charges are applied to the addressee.
- FORMA ROSSA FURNITURE is not responsible for COM/COL orders, when the fabric features put into question the quality of the final product.
- A complete copy of the COM/COL Form must be submitted with the pro forma together with the fabric/leather to the FORMA ROSSA FURNITURE warehouse, to avoid delays caused by lack of identification (read more at LEAD TIMES).
- Standard production lead time is between 30 to 45 days, delivery time not included.
- FORMA ROSSA FURNITURE is prepared to guarantee a 2 week lead time on selected pieces, which may vary according to the time of year.
- For pieces with custom specifications or orders of large quantities, FORMA ROSSA FURNITURE reserves the right to agree with the Buyer on a different lead time.
- FORMA ROSSA FURNITURE is not responsible for delay on production time if there is failure in submitting the confirmation (receipt) of the transfer.
- Lead time for orders with COM/COL products only starts once the fabric or leather arrives at FORMA ROSSA FURNITURE’s office and is properly identified. FORMA ROSSA FURNITURE is not responsible for delay on production time if there is failure in submitting the confirmation (receipt) of the transfer.
- All fabrics must be identified with the proper COM/COL Form that is sent together with the pro forma.
- FORMA ROSSA FURNITURE is not responsible for delays in production or any fabric misuse if the fabric is sent without proper identification by the Buyer.
- Supply contracts between the Seller and the Buyer can be considered after a comprehensive analysis of the benefits for the two parties involved has been carried out.
- FORMA ROSSA FURNITURE has up to 40% of its collection permanently ready to ship.
- The values on the Seller’s Euro and Dollar Price List are public and substitute any other published or advertised before.
- Prices always refer to a single unit and VAT is not included in the price. All legal taxes and fees must be subsequently added to the price.
- Prices are in Philippine Peso (PhP).
- Standard packaging is included in the price. Should the Buyer require specific packaging, they will be charged accordingly.
- All taxes and excises of any nature whatsoever now or hereafter collected by governmental authority, whether federal, state or local, neither directly nor indirectly, upon the sale or transportation of any goods covered, hereby, shall be paid and borne by Buyer.
- Special conditions may be applied for large-scale orders. The Seller and the Buyer must agree upon said special conditions in a contract signed by the two parties.
- Rappel discounts may be provided by the Seller after a comprehensive analysis of the purchasing order has been carried out.
- Shipping costs are not covered in the basic price of an item.
- For shipping quotations please contact FORMA ROSSA FURNITURE.
- Whenever the Buyer chooses to transport the product(s) by their own method or means, FORMA ROSSA FURNITURE will be free of any charges or responsibility over events that might occur after the goods come out of the warehouse.
- If the transportation is arranged by FORMA ROSSA FURNITURE E, it will be charged separately from the products’ value. Please note that all transportation services require the receiver of the good to verify their status with the carrier upon delivery.
- Shipment arranged by FORMA ROSSA FURNITURE includes door-to-door, drop off service only. Delivery personnel are limited to delivering to physical shipping address only. The personnel is not permitted to handle, uncrate, or remove any packaging or materials. Should the Buyer request a specific method of shipment beyond the aforementioned shipping method of the Seller, the Buyer is subjected to all additional costs of additional services.
- Additional services would include, but are not limited to: air freight, special handling, and/or white glove services.
- The receiver shall verify the goods conditions with the carrier on the receipt and keep the package. POD (Proof of Delivery) must be signed by the receiver. In case of apparent damage, the receiver must open the goods in front of the carrier and mention the damages on POD. The receiver should keep the products in the final destination and save the packages. In case of no apparent damage, the receiver must mention on POD – ‘received the goods but conditions will be checked’.
- All items must be inspected for damage prior to signing the Proof of Delivery (POD). Therefore, responsibility for damage occurring in transit is the Buyer’s responsibility and all claims for freight damage must be made within 48 hours after reception. FORMA ROSSA FURNITURE will not accept any claim on merchandise after a 48-hour period. Digital photographs of damaged goods and boxes will be required for replacement of damaged goods. Save all damaged crates/packaging until claim with carrier is settled. Signature of receipt by Buyer’s agent or employee constitutes full acceptance of all packages stated on the bill of landing or electronic clipboard in as is condition. The Buyer is responsible for all shipping and return charges for any shipment that is refused as well as forfeiture of the Buyer’s deposit. The refusal of damaged merchandise in no way relieves the Buyer of responsibility for payment of goods. The Seller shall not be liable for delay in shipment for any cause, nor shall any delay entitle the Buyer to cancel or refuse delivery of any order that has been shipped. FORMA ROSSA FURNITURE will not honor any claims without a formal written claim and photos of damages of the product, crate and packaging.
- Damages that are caused by the Freight Carrier and occurred during transit from FORMA ROSSA FURNITURE to the addressee, are not the responsibility of FORMA ROSSA FURNITURE. It is the receiver’s responsibility to inspect items received upon delivery to ensure proper measures can be taken to file a claim with the Freight Carrier.
8.1. The addressee is responsible for opening the package in the moment of the delivery, check the furniture, and report it right away in the POD (proof of delivery). Provide photographical evidence within a month of delivery to FORMA ROSSA FURNITURE so it can solve the delivery damage claim with the Freight Carrier, as well.
- Should any of these terms not be followed by the Buyer and should FORMA ROSSA FURNITURE have photographical evidence of the items before shipping in good conditions, claims over such items will not be accepted by FORMA ROSSA FURNITURE.
- FORMA ROSSA FURNITURE will not be liable for any damages resulting from handling, loading or unloading by persons acting on behalf of the receiver. Any transportation of the piece from destination to a second location will forfeit any transportation damage claim.
- FORMA ROSSA FURNITURE reserves the right to charge an extra 10% of the transportation price if the Buyer postpones the expedition within 3 days or less prior to the agreed departure date.
- Any shipments returned to Seller as a result of Buyer’s unexcused delay or failure to accept delivery will require Buyer to pay all additional costs incurred by Seller including storage fees.
- When the Buyer’s order is nearing completion, FORMA ROSSA FURNITURE will notify them so shipment can be arranged.
- All products are carefully packed and inspected prior to shipment.
- The refusal of damaged merchandise in no way relieves the purchase of responsibility for payment of goods. FORMA ROSSA FURNITURE is not responsible for goods loss or damage during the shipping time.
PRODUCT WAREHOUSE & STORAGE FEES
- Storage fees may be applied up to 120€/140$ per m3 per week if outstanding invoice balance is not paid in full and/or shipping arrangements have not been made within 10 business days after being informed that the order is ready. The charge will be compounding weekly in our warehouse located in Metro Manila. If the order is not picked up within 1 month, the pieces will automatically pass to the brand’s stock list. From the moment pieces belong to our stock, to recover your order, you have to pay the full amount of the invoice. We don’t guarantee that pieces have not been sold meanwhile.
CLAIM AND RETURN POLICY
- Should the article received fail to meet the Buyer’s expectations or appear to have been damaged, photographic evidence supporting the claim should be provided within the first 48 hours after reception. A formal written claim must be sent to FORMA ROSSA FURNITURE within 30 business days after reception of the articles. The allegation must be sent by e-mail to: FORMA ROSSAphilippines@gmail.com or to the respective sales representative. Upon confirmation of any defect, FORMA ROSSA FURNITURE makes a commitment to replace the defective part/piece, within a period agreed with the Buyer. The defective part/piece must be received by FORMA ROSSA FURNITURE in its original package before any replacement can be sent – especially in all cases concerning customized products or new products created to meet contract specifications.
- The addressee is responsible for opening the package in the moment of the delivery, check the furniture and report it right away in the POD (proof of delivery). Provide photographical evidence and official claim by e-mail to email@example.com or the respective sales representative, within a month of delivery so FORMA ROSSA FURNITURE can solve the delivery damage claim with the Freight Carrier as well.
- After the response on the behalf of the brand to a client’s complaint, if it doesn’t obtain a response from the client in 20 days, the brand reserves the right to cancel the complaint.
WARRANTY AND DISCLAIMER
- FORMA ROSSA FURNITURE offers 2 years warranty applicable for pieces that are not missed or damaged by proper consumer.
- Do not attempt a return a furniture without first having obtained a FORMA ROSSA FURNITURE written authorization. FORMA ROSSA FURNITURE not accept returns without prior written authorization. Returned items must be in their original condition and packaging, and the Buyer shall prepay and be liable for all charges regarding the shipping of returned goods, including insurance. The 50% non-refundable deposit will be kept on all returns of merchandise. Custom items are not returnable under any circumstances.
- Orders are not cancellable nor returnable after the 1st payment of the order. If the order is canceled, the amount already paid will be credited to the same entity that placed the order.
- Changes in orders, returns or cancellations require prior written approval from FORMA ROSSA FURNITURE. In every other aspect (delay, client indecision, loss of projects, etc.) the amount paid to FORMA ROSSA FURNITURE will not be refunded or credited as Credit Notes, and the Buyer will lose any right to the merchandise.
CONTRACT / HOSPITALITY ORDER
FORMA ROSSA FURNITURE has the ability to customize existing products or new products to meet contract specifications. These orders will necessitate special pricing based on quantity and features. Please contact FORMA ROSSA FURNITURE for contract quotes.
- Dealer internet websites may neither advertise, nor in any way, display FORMA ROSSA FURNITURE name, logo, product images or any other proprietary company emblem or information without prior written consent from the company. Dealer websites may not display pricing lower than FORMA ROSSA FURNITURE’s SRP, promotional offers, discounts or value statements (e.g. lowest price in town). Please contact FORMA ROSSA FURNITURE for further company guidelines on internet usage.
- By filling out any form present on the FORMA ROSSA FURNITURE website, you are automatically subscribing to our newsletter database. At any moment you can unsubscribe by sending an email to FORMA ROSSAphilippines@gmail.com.