Terms of Sale

1. YOUR RIGHTS AND OBLIGATIONS 

1. THIS DOCUMENT CONTAINS VERY IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS, AS WELL AS CONDITIONS, LIMITATIONS, AND EXCLUSIONS THAT MIGHT APPLY TO YOU. PLEASE READ IT CAREFULLY.  

2. THESE TERMS REQUIRE THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS [OR CLASS ACTIONS.  

3. BY PLACING AN ORDER FOR PRODUCTS OR SERVICES FROM NATIONAL BUSINESS FURNITURE, YOU ACCEPT AND ARE BOUND BY THESE TERMS AND CONDITIONS. 

4. YOU MAY NOT ORDER OR OBTAIN PRODUCTS OR SERVICES FROM NATIONAL BUSINESS FURNITURE IF YOU (A) DO NOT AGREE TO THESE TERMS, (B) ARE NOT THE OLDER OF (i) AT LEAST 18 YEARS OF AGE OR (ii) LEGAL AGE TO FORM A BINDING CONTRACT WITH NATIONAL BUSINESS FURNITURE, LLC, OR (C) ARE PROHIBITED FROM ACCESSING OR USING THIS WEBSITE OR ANY OF THIS WEBSITE'S CONTENTS, GOODS OR SERVICES BY APPLICABLE LAW. 

5. These terms and conditions (these "Terms") apply to the purchase and sale of products and services through nationalbusinessfurniture.com and nbf.com (the "Site") and National Business Furniture’s Sales team. These Terms are subject to change by National Business Furniture, LLC (referred to as "us", "we", or "our" as the context may require) without prior written notice at any time, in our sole discretion. The latest version of these Terms will be posted on this Site, and you should review these Terms before purchasing any product or services that are available through National Business Furniture. Your continued use of this Site after a posted change in these Terms will constitute your acceptance of and agreement to such changes. 

6. These Terms are an integral part of the Website Terms of Use that apply generally to the use of our Site. You should also carefully review our Privacy Policy before placing an order for products or services through this Site (see Section 9). 
   

2. Order Acceptance and Cancellation. You agree that your order is an offer to buy, under these Terms, all products and services listed in your order. All orders must be accepted by us or we will not be obligated to sell the products or services to you. We may choose not to accept any orders in our sole discretion. After having received your order, we will send you a verification email with your order number and details of the items you have ordered. Acceptance of your order and the formation of the contract of sale between National Business Furniture, LLC and you will not take place unless and until you have received an email in which your order is confirmed. You may have the option to cancel your order at any time before we have sent your order confirmation by calling our Customer Service Department at 800-558-1010 during our regular business hours. NBF reserves the right to charge reasonable restocking fees and/or change fees and/or shipping and handling. Order cancellations and changes may cause order rescheduling. Cancellations on orders for custom items or products that are made to order will not be accepted. Fabric selection, measurements and local building code compliance are responsibility of customer. 

3. Prices and Payment Terms.  

1. All prices posted on this Site and in any Sales & Marketing materials provided by National Business Furniture are subject to change without notice. The price charged for a product or service will be the price in effect at the time the order is placed and will be set out in your order confirmation email. Price increases will only apply to orders placed after such changes. Posted prices do not include taxes or charges for shipping and handling. All such taxes and charges will be added to your merchandise total and will be itemized in the checkout page and subsequently set forth in your order confirmation email. We are not responsible for pricing, typographical, or other errors in any offer by us, and we reserve the right to cancel any orders arising from such errors. 

2. All taxes and excises of any nature whatsoever now or thereafter levied by government authority, whether federal, state or local, use or transportation of any goods covered hereby, shall be paid and borne by the Buyer. Based on the Interstate Commerce Clause, we do not collect sales and use tax in states where we do not have a physical presence. But in some cases the tax may still be due. Please consult your state tax agency to determine whether the tax is due and where to remit the tax. If you indicate on your order that you are tax exempt at the time of order, you must separately provide proof of such exemption by uploading a tax exempt certificate at checkout on nationalbusinessfurniture.com or by providing it to our Sales team. 

3. Terms of payment are within our sole discretion and, unless otherwise agreed by us in writing, payment must be received by us before our acceptance of an order.  We accept MasterCard, Visa, American Express, Discover, verified government credit cards, PayPal, Apple Pay and Google Pay, and authorized methods of payment are subject to change without notice.  You represent and warrant that (i) the credit card or other payment account information you supply to us is true, correct, and complete, (ii) you are duly authorized to use such method of payment for the purchase, (iii) charges incurred by you will be honored by your credit card company or Paypal, Apple Pay or Google Pay, and (iv) you will pay charges incurred by you at the posted prices, including all applicable taxes, if any.   

4. Businesses may have the option to seek interest free 15 day net payment terms; provided that we have the ability to provide a credit review in advance of granting such payment terms.   If your business desires to seek approval for this option, please select "Open Credit" at checkout and place your order. Our team may contact you for additional information to support the business credit review. If , at any time, NBF determines in its sole discretion that your condition or creditworthiness is inadequate or unsatisfactory, then in addition to NBF's other rights under this Agreement, at law or in equity, NBF may without liability or penalty, take one or more of the following actions: modify the payment terms for outstanding and future purchases, including requiring Buyer to pay for products on a cash in advance or cash on delivery basis; reject any orders received from you;  cancel any previously accepted orders; delay or withhold any further shipment of products to Buyer; or stop delivery of any products in transit and cause such products in transit to be returned to us.   

4. Shipments; Delivery; Title and Risk of Loss.  

1. We will arrange for shipment of the products to you. Please check the individual product page for specific delivery information. You will pay all shipping and handling charges specified during the ordering process. 

2. Title and risk of loss pass to Buyer upon delivery if NBF arranges freight or upon our transfer of the products to the carrier if Buyer arranges the freight. Shipping dates, lead times and delivery dates are estimates only and cannot be guaranteed. We are not liable for any delays in shipments. 

3. All deliveries will be FOB origin. Shipping and handling are prepaid and added to the invoice. Additional delivery services are available at an additional charge. Buyer shall inspect the merchandise on the date of delivery/installation, noting damages or shortages on both Buyer’s copy and carrier’s copy of delivery receipt. Only if goods are damaged beyond salvage should you refuse the shipment. If damage is concealed, it must be reported to NBF within 5 days of receipt of shipment. Claims for transportation damage will be prosecuted by NBF and damaged merchandise will be repaired to the satisfaction of the Buyer or will be replaced.  

5. Returns and Refunds.
   Except for any products designated on the Site or on other Sales & Marketing materials as non-returnable and as set forth below, we will accept a return of the products for a refund of your purchase price, less the original shipping and handling costs, provided such return is made within 30 days of delivery and provided such products are new/unused condition, returned in their original condition, and in their original packaging. To return products, you must obtain a Return Authorization number from our Returns Department by calling 800-558-1010. No returns of any type will be accepted without an Return Authorization number. You are responsible for all shipping and handling charges on returned items. All returns for orders over $5,000 are subject to a 25% restocking fee. Products which are custom or made-to-order cannot be returned for any reason. Returns on clearance or close-out items and items marked as “non-returnable” will not be accepted. 

6. 15-YEAR WARRANTY 

1. Who May Use This Warranty? 

2. What Does This Warranty Cover? 

3. What Does This Warranty Not Cover? 

1. improper use, abuse or neglect; 

2. failure to follow the product instructions or to perform any preventive maintenance; 

3. modifications to the products; 

4. combination or use with any products, materials, processes, systems or other matter not provided or authorized in writing by National Business Furniture, LLC; 

5. repairs performed by unauthorized personnel; 

6. Improper installation of component-based products by unauthorized personnel or personnel not certified by National Business Furniture 

7. Items on clearance or discontinued at the time of purchase; 

8. normal wear and tear, including scratches, dents and fading; or 

9. external causes such as acts of God, accidents, abuse, or other actions or events beyond our reasonable control, including lightning or power surges. 

4. What Is the Period of Coverage? 

5. What Are Your Remedies Under This Warranty? 

6. How Do You Obtain Warranty Service? 

7. Limitation of Liability 

8. What Can You Do in Case of a Dispute with Us? 

7. Goods Not for Export You agree to comply with all applicable laws and regulations of the various states and of the United States including all Export Regulations, as defined below. You represent and warrant that you are buying products or services from National Business Furniture for your own use only, and not for export.  

8. Privacy. Our Privacy Policy governs the processing of all personal data collected from you in connection with your purchase of products or services through National Business Furniture. 

9. Governing Law and Jurisdiction. All matters arising out of or relating to these Terms are governed by and construed in accordance with the internal laws of the State of Wisconsin, without giving effect to any choice or conflict of law provision or rule (whether of the State of Wisconsin or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than those of the State of Wisconsin. 

10. Dispute Resolution and Binding Arbitration. 

1. YOU AND NATIONAL BUSINESS FURNITURE, LLC ARE AGREEING TO GIVE UP ANY RIGHTS TO LITIGATE CLAIMS IN A COURT OR BEFORE A JURY, OR TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION WITH RESPECT TO A CLAIM. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT MAY ALSO BE UNAVAILABLE OR MAY BE LIMITED IN ARBITRATION. 

2. The arbitration will be administered by the American Arbitration Association ("AAA") in accordance with the Consumer Arbitration Rules (the "AAA Rules") then in effect, except as modified by this Section 12. (The AAA Rules are available at adr.org or by calling the AAA at 1-800-778-7879.) The Federal Arbitration Act will govern the interpretation and enforcement of this section. 

11. Assignment. You will not assign any of your rights or delegate any of your obligations under these Terms without our prior written consent. Any purported assignment or delegation in violation of this Section 2 is null and void. No assignment or delegation relieves you of any of your obligations under these Terms. 

12. No Waivers. The failure by us to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any right or provision will be effective only if in writing and signed by a duly authorized representative of National Business Furniture, LLC. 

13. No Third-Party Beneficiaries. These Terms do not and are not intended to confer any rights or remedies upon any person other than you. 

14. Notices. 

1. To You. We may provide any notice to you under these Terms by: (i) sending a message to the email address you provide or (ii) by posting to the Site. Notices sent by email will be effective when we send the email and notices we provide by posting will be effective upon posting. It is your responsibility to keep your email address current. 

2. To Us. To give us notice under these Terms, you must contact us as follows: by personal delivery, overnight courier or registered or certified mail to National Business Furniture, LLC, 770 S 70th St. Milwaukee, WI 53214. We may update the address for notices to us by posting a notice on the Site. Notices provided by personal delivery will be effective immediately. Notices provided by facsimile transmission or overnight courier will be effective one business day after they are sent. Notices provided by registered or certified mail will be effective three business days after they are sent. 

15. Severability. If any provision of these Terms is invalid, illegal, void or unenforceable, then that provision will be deemed severed from these Terms and will not affect the validity or enforceability of the remaining provisions of these Terms. 

16. Credit terms: Credit terms are determined by customer review and may include deposit requirements. NBF reserves the right to revoke open credit terms at any time. 

17. Past Due Charges/Security Interest: Any unpaid balance, upon which payments are not made according to the terms of the sale, shall bear a service charge at the rate of 1.5% per month or the highest amount allowed by law, whichever is less, without forfeit of NBF’s right to immediate payment. NBF reserves the right to delay or cancel any shipment or service to a Buyer whose account is past due. Should the purchase price remain unpaid for more than 180 days after delivery of merchandise, Buyer agrees to voluntarily surrender the merchandise to NBF, however, Buyer remains responsible for balance on account. 

18. First Order Discount: This promotion offers $100 (fixed amount) off an order with merchandise costs totaling $1,000 or more in one single transaction. It is valid on your first order only and can only be redeemed once per customer and once per transaction. To redeem, enter WORKBETTER at checkout on NBF.com or mention to an NBF team member when placing an order on the phone. Promotion cannot be combined with any other offer and excludes sale and clearance merchandise. Applies to new purchases only. Does not apply to taxes, shipping, handling or installation charges. Void where prohibited. This promotion code is for individual use only, is non-transferable and may not be posted on social media, other websites or other public domains. NBF reserves the right to modify or cancel this promotion at any time without notice. Returns or exchanges of items purchased with the promo code will be refunded at the discounted price. 

19. Volume Discount Program: Orders over $5,000 are eligible for volume discounts. Volume discounts cannot be combined with other merchandise discounts.  

1. $5,000-$14,999 merchandise value: 5% 

2. $15,000+ merchandise value: 10% 

20. Delivery & Installation 

1. All deliveries will be FOB origin. Shipping and handling are prepaid and added to the invoice. Additional delivery services are available at an additional charge. Delivery and, if necessary, installation will be made during normal business hours. Additional labor costs resulting from overtime work performed at Buyer’s request will be paid by Buyer. Buyer shall inspect the merchandise on the date of delivery/installation, noting damages or shortages on both Buyer’s copy and carrier’s copy of delivery receipt. Only if goods are damaged beyond salvage should you refuse the shipment. If damage is concealed, it must be reported to NBF within 5 days of receipt of shipment. Claims for transportation damage will be prosecuted by NBF and damaged merchandise will be repaired to the satisfaction of the Buyer or will be replaced. If installation is required, the following provisions apply: 

2. Condition of Job Site: The job site shall be clean, clear and free of debris prior to installation 

3. Job Site Services: Electric current, heat, hoisting and/or elevator service shall be furnished without charge to seller. Adequate facilities for off-loading, staging, moving and handling of merchandise shall be provided. 

4. Special Packaging or Handling: If special packaging or handling is required that is not contained in the specifications, it will be subject to extra charge to the buyer. 

5. Storage Space: Provided the merchandise does not arrive at the site earlier than the date requested, safe and adequate storage space will be provided by the buyer. If the space provided is inadequate and requires excessive sorting or storage costs, such excess cost will be reimbursed by the buyer. If the space provided is inconveniently located or on another floor, the extra cost of transporting to and from storage will be reimbursed by the buyer. If the merchandise must be moved due to progress of other trades or other reason, the extra cost of such moving will be reimbursed by the buyer. 

6. Erection and Assembly: Seller’s ability to erect or assemble furniture knocked-down or to permanently attach, affix, or bolt in place movable furniture is dependent on jurisdictional agreements. If trade regulations enforced at the time of installation require the use of tradesmen at the site other than the seller’s own installation personnel, resulting additional costs will be paid by buyer. 

7. Damage: After arrival at the site, any loss or damage by weather, other trades such as painting or plastering, fire or other elements, shall be the responsibility of the buyer, and the buyer agrees to hold the seller harmless from loss for such reasons. 

8. Insurance: Public Liability, Workmen’s Compensation, Property Damage, Automotive and Occupational Disease insurance are carried by the seller and certificates will be delivered upon request. Fire, Tornado, Flood and other insurance at the site will be provided and paid for by the buyer. Risk of loss passes to the buyer upon delivery. 

Entire Agreement. These Terms, our Website Terms of Use and our Privacy Policy will be deemed the final and integrated agreement between you and us on the matters contained in these Terms.