EFTA02304738

Tai Ping Carpets America, Inc. 860 Broadway, 4th Floor New York, NY 10003 Tel Fax wvAv.taipingcarpets.com TAI PING Quote Private Residence: Formal Dining Room Carpet Quote Document # 4396-1 Date 2-Apr-12 Page: Client: SLK Designs Ship To/Pick Private Residence 301 Eat 66th Street Up: 9 East 71st Street #14G New York, NY 10021 US New York, NY 10065 US Attn: Attn: Tel: Tel: Email: Terms: 50% deposit upon order confirmation & full Freight: DDP - Delivered Duty Paid balance before delivery Customer PO: Salesperson: Lindsey Klein Quote valid till: 01-Aug-12 Description of Services To furnish, deliver and install wall to wall custom made carpet via tackless method over 40 oz padding. Product Specifications No. of Pieces: 1 Design: Calif 1 Content: Dull Silk and Sisal Colors: Custom per Approved Sample Collection: Caravan Collection Quality: H450D S. T. A. M.: Proposal subject to actual measure Size: Per Phyiscal Measure at Residence Notes: Production Lead Timc: Strike Off Lead Time: Remittance Address: Payment Requested: Approximately 12-16 Weeks Approximately 3-4 Weeks Tai Ping Carpets Americas. Inc 860 Broadway; 4th FIr New York, NY 10003 Attn: Lindsey Klein (Please include a copy of this quotation with payment) 50% Deposit Prior to Production $24,043.50 Payment Details (USD) Subtotal: $ 48,087.00 Sales Tax: $ 0.00 Resale Certificate on File Total: $ 48,087.00 Please make checks payable to Tai Ping Carpets EFTA_R1_0 1177627 EFTA02304738 Tai Ping Carpets America, Inc. 860 Broadway, 4th Floor New York, NY 10003 Tel 212 979 2233 Fax 212 979 1921 wvAv.taipingcarpcts.com TERMS OF SALE TAI PING ORDERS. PAYMENT AND PRICE I. All orders arc subject to acceptance by The Company. 2. All prices arc net. F.O.B. port of entry and arc subject to change without notice. 3. Unless specifically noted, described prices do not include applicable salts taxes, shipping or delivery charges. or insurance charges. all of which are to be paid by Purchaser. Purchaser shall be responsible for payment for any hoisting or special handling charges incurred to complete delivery at final destination. 4. Described installation charges. if any. contemplate nonnal conditions at Purchaser's premises and arc based upon normal working hours. If overtime is requested by Purchaser in order to complete installation by specific date, such overtime charges will be paid for by Purchaser. Only duly authorized representatives of Seller may authorise overtime. The premises must be in good order and ready to receive the carpet. Any lost installation time due to adverse job site conditions will he charged to Purchaser. 5 An advance payment of 50% of the total price of the order is required before the order is processed for production. The balance is due prior to delivery or within approved credit terms. A I.5% per month finance charge will be added to any overdue amounts. If the goods an: received in The Company's location and not paid for within the terms of the Purchase Order. then The Company, at its option. may charge storage fees after 30 days. 6. No cancellations will be accepted. 7. Order changes in temts if size. color or design detail may affect delivery schedule and cost. 8. In the event a collection action becomes necessary. Purchaser agrees to pay all collection expenses, including reasonable attorney's fees and Court costs, plus 1.5% interest per month on any past due amounts. 9. The designated delivery location (either The Company or the Designeklient's designated location) shall be considered the final destination (except Orders that include delivery and installation. Prior to delivery at such location, payment shall be due in accordance with the terms slated above whether or not the Designer or Designer's customer is ready to receive the goods for final installation. The Purchaser shall be responsible fin the payment of the invoices within this time frame. The Purchaser shall be responsible for the payment of the invoices within this time frame. SHIPMENT I. All shipments are F.O.D. port of entry and local trucking charges to final destination arc additional and the responsibility of the Purchaser. Seller and Purchaser agree, for valuable consideration, including but not limited to Purchaser's advance payment tor non advance payment as the case may be) and Purchaser's promise to pay in full Seller's invoice and Seller's efforts in procurement of the purchased goods. the receipt and sufficiency of which is acknowledged by Purchaser, that title to the purchased goods shall pass to Purchaser upon notification to Purchaser by Seller in writing, that the purchased goods are finished and located in Seller's warehouse ready for delivery to Purchaser upon Purchaser's payment in full of the purchase price of the goods upon the terms set out in this Agreement and in the Purchase Order. 2. Shipment or delivery dates arc estimates only and are subject to receipt of the order. advance payment and final design approvals. No guarantees arc made with respect to delivery dates. CLAIMS. COMPLAINTS AND REMEDIES I. Any apparent damages should be notified to the carrier upon receipt of goods. Any concealed damage must be notified to The Company within 14 days of receipt of the carpets. No claims will be honored after 14 days of receipt of goods. 2. Other claims including claims for failure of the goods to conform to the order mint be made within 10 days of receipt of goods by written notification to The Company stating the basis of the alleged nonconfomiity and describing the port ion of the shipment being rejected. All Seller's products arc manufactured under the most careful supervision. Seller's handmade carpets and rugs, Maisonette carpets and rugs (which arc partially handmade), and any other custom products. arc subject to some variations in manufacture. Such products are. therefore. warranted to be as described except that they may contain variations in weave. may not exactly conform to sample in weave. color or match patterns, and listed rug sizes arc approximate. 3. On receipt of such claim for nonconforming goods. The Company, at its option, will either arrange for the return shipment of the goods at The Company's expense or have an agent inspect the goods for nonconfonuity prior to return of the goods. When the goods are confirmed by The Company as being nonconforming. The Company will arrange to repair or replace as appropriate subject to normal production and shipment times. 4. Thc exclusive remedies of Purchaser under this Agreement arc the repair and'or replacement of nonconfotming goods. In no event shall The Company liability exceed the actual cost of the goods. The Company shall not be liable for incidental or consequential damages. 5. Due to the nature of Ilandtufied carpet, actual production may vary slightly from the sample and within the rug itself. 6. Dye lot difference may occur between the sample and actual production. 7. All samples and designs thereof remain the property of The Company. 8. Loop pile area rugs will normally show some .15N-outing" of yanks. Sprouting is not a manufacturing defect. Yarn should be clipped off at the surface not pulled. 9. All carpet textures will exhibit some shading. 10. Claims for pile crushing. shading. watermarking or soiling arc not manufacturing defects and cannot be accepted. II. Due to the nature of the handmade process. exact dimensions cannot be assured. A difference is possible. 12. Waiver of any condition of sale by The Company shall not constitute nor be construed as an agreement to waive any other provision. nor shall a waiver constitute a future waiver. The Company retains the rights to strictly enforce any and all conditions of sale. 13 This w sting is a complete and exclusive statement of the entire agreement. No course of prior doling and no trade usage shall be relevant to supplement or explain any tam hereof Thc terms contained herein shall prevail over any terms contained in Purchaser's Purchase Order. 14. Seller's salespersons may have made oral statements about the merchandise described ill this contract. Such statements do not constitute warranties. shall not be relied upon by the Purchaser and arc not part of this Agreement. IS. Any action by Purchaser for breach of this Agreement must be commenced within one year atter the cause of action has accrued. Purchaser agrees with The Company that any Court action in connection with the sale of the goods subjcia to these terms shall be Gordon County, Georgia. 16. All monies paid on account of this order shall be credited to the account of the named Purchaser. Sellers acceptance of payment from anyone other than Purchaser shall be as an accommodation only and shall not create a vendor-vendee relationship. express or implied. 17. This Agreement shall be governed by the laws of the State of Georgia. and cannot be changed. except by a further writing signed by the party against whom such change is sought to be enforced. S. This Agreement is not binding on Seller until accepted and approved by an office of The Company. 19. A signed copy of this Contract must be retu ned to The Company acknowledging acceptance of the above Tams of Sale. Agreed Purchaser Approved Seller Date Date EFTA_R1_0 1177628 EFTA02304739