Hello, thank you for purchasing from Tara Shaw LTD. To arrange shipping with our office, please reach out to our headquarters at (504) 525-1131. All shipping is to be arranged and paid by the Buyer to a third party shipper. Lead-time on most items vary 6-12 weeks. Price is exclusive of packing and shipping fees. White Glove Shipping carrier required for all items. Small items may have a standard shipping rate included in sale. In store pickup is available.
CONDITIONS OF SALE:
READ BEFORE SIGNING: IT AFFECTS YOUR RIGHTS, OBLIGATIONS AND REMEDIES
BY CLICKING ACCEPT, THE BUYER AGREES TO THE FOLLOWING. ALL SALES ARE FINAL.
Buyer does not rely upon representations by Seller. Buyer acknowledges the good(s) may contain latent conditions, such as rotted, broken, or weakened components, mold/fungi or wood eating insects or effects thereof. Buyer had ample opportunity to inspect the good(s) and/or waives opportunity to inspect the good(s). Buyers agrees that the good(s) are conforming or agrees to accept the good(s) despite their non- conformity. Buyer acknowledges that all MAISON products and accessories are reproductions and/or new or custom items. Buyer waives right to revoke acceptance or rescind this sale. ALL GOODS SOLD “AS IS”. BUYER WAIVES ALL WARRANTIES, INCLUDING THE WARRANTY AGAINST REHIDBITORY DEFECTS, WARRANTY OF MERCHANTABILITY, WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE AND WARRANTIES ARISING OUT FROM COURSE OF DEALING OR USAGE OF TRADE. Seller’s liability will not exceed the purchase price of the product or part in which such liability is based. Except for actions to collect money owed to Seller, any claim arising out of or relating to this sale shall be resolved by ARBITRATION IN NEW ORLEANS and in accordance with the rules of America Arbitration Association. Buyer consents to personal jurisdiction of the state and federal courts of Louisiana. If Seller prevails in any action arising out of this sale, including arbitration, BUYER SHALL REIMBURSE SELLER ITS ATTORNEY’S FEES, EXPERT FEES, COURT COSTS AND ARBITRATION COSTS. Buyer waives right to recover attorney fees or costs under any contract, provision, or statute. BUYER SHALL INDEMNIFY AND HOLD HARMLESS (INCLUDING COSTS AND ATTORNEY FEES) SELLER, ITS EMPLOYEES AND AGENTS FROM AND AGAINST ANY CLAIM (INCLUDING CLAIMS FOR PERSONAL INJURIES OR DEATH) ARISING OUT OF OR RELATING TO GOOD(S) SOLD TO BUYER, INCLUDING ANY CLAIMS THAT ARISE OUT OF THE NEGLIGENCE (SOLE OR JOINT) OR STRICT LIABILITY OF THE SELLER. BUYER IS CONSIDERED THE SHIPPER for purposes of transport of the goods from seller’s warehouse and is responsible for arranging shipping and all shipping costs. Pick up of goods at Seller’s warehouse constitutes delivery to Buyer. RISK OF LOSS OR DAMAGE AND DUTY TO SECURE, PACKAGE, AND PROTECT THE GOODS TRANSFERS TO THE BUYER UPON PICKUP OF GOODS AT SELLER’S WAREHOUSE. Buyer agrees that Seller is not responsible for damage to goods during transport and waives any right to a refund or reduction in price due to damage during transport. GOODS MUST BE PICKED UP WITHIN 30 DAYS OF PURCHASE. If not picked up within 30 days, such goods will be deemed abandoned to Seller and subject to sale by Seller with no refund or payment to Buyer. This Agreement shall be governed by Louisiana law.
1. ACCEPTANCE OF TERMS AND CONDITIONS: These terms & conditions set forth herein represent TSM’s offer to sell goods to the Buyer. Execution of this Agreement, or placement of an order with TSM shall signify the Buyer’s acceptance of these terms & conditions. This agreement shall apply to not only the initial order by the Buyer but also to all subsequent orders by the Buyer from TSM.
2. PURCHASER: By submitting an order, Buyer conCirms that Buyer is a valid business (as described below) and that Buyer agrees to be bound by this Agreement. TSM reserves the right to cancel orders or terminate this Agreement, and any relationship created by it, at its sole discretion.
a. Stocking Dealers: Must provide to TSM proof of a retail store operation to achieve stocking dealer status. Decisions about stocking dealer status remain the sole discretion of TSM. A photo of the storefront must be provided.
b. Designers and Stocking Dealers: Must provide to TSM proof of a current business license and
state tax certiCicate. Design accounts receive a predetermined discount on the retail prices.
3. PRICING & TAXES: TSM accepted forms of payment: cash, check, money order, money transfer or bank wire. Credit card payments are subject to a convenience fee. If Buyer claims an exemption from any tax, Buyer must give Seller or Seller’s authorized sales agent the appropriate exemption certiCicates before any order will be placed. All prices & items are subject to change without notice.
4. ORDER REQUIREMENTS: A minimum initial order quantity for stocking dealers is 5 pieces from the Custom Maison Line. Additionally, there is a reorder minimum requirement of $1000 per order and a yearly minimum quota of $10,000 to maintain stocking dealer status. If that quota is unmet, dealers will be required to purchase product at predetermined designer pricing.
5. TERMS OF PAYMENT: Unless otherwise agreed, a 50% deposit must accompany all orders and full, remaining payment (including any applicable sales taxes & miscellaneous charges) must be received before initial, partial or full shipment. When the merchandise arrives, Buyer will be notiCied and Buyer will have 14 days to pay the balance and arrange shipment of merchandise. After 14 days the item may be returned to selling stock and deposit will be forfeited. Once purchased, Buyer becomes responsible for merchandise and has ownership regardless of location or conditions of location.
6. SHIPPING AND RISK OF LOSS: TSM DOES NOT ARRANGE SHIPMENT. UNDER NO CIRCUMSTANCES WILL TSM BE CONSIDERED THE SHIPPER. UNDER ALL CIRCUMSTANCES, BUYER IS CONSIDERED THE SHIPPER FOR PURPOSES OF TRANSPORT OF THE GOODS FROM TSM WAREHOUSE OR OTHER FACILITY. PICK UP OF GOODS BY CARRIER AT TSM WAREHOUSE OR OTHER FACILITY CONSTITUTES DELIVERY OF SAME GOODS TO BUYER. ALL RISK OF LOSS OR DAMAGE AS WELL AS THE DUTY TO SECURE, PACKAGE, AND PROTECT THE GOODS TRANSFERS TO THE BUYER UPON PICK UP OF GOODS BY CARRIER AT TSM WAREHOUSE OR OTHER FACILITY. BUYER WILL OBTAIN INSURANCE TO COVER ANY DAMAGE THAT OCCURS DURING TRANSPORT AND BUYER AGREES THAT INSURER ISSUING SUCH COVERAGE WAIVES ANY AND ALL CLAIMS, INCLUDING BUT NOT LIMITED TO SUBROGATION, AGAINST TSM FOR ANY DAMAGES, REGARDLESS OF THE CAUSE
7. DAMAGES AND CLAIMS: UNDER NO CIRCUMSTANCES WILL TSM BE RESPONSIBLE FOR DAMAGE TO GOODS DURING TRANSPORT FROM TSM WAREHOUSE OR OTHER FACILITY. BUYER WAIVES ANY RIGHT TO A REFUND, REDUCTION IN PRICE OR RIGHT TO RETURN GOODS DUE TO DAMAGE DURING TRANSPORT. You or your agent MUST INSPECT each item at the time the carrier drops off the goods and any damages must be clearly noted on the carrier’s bill of lading before the carrier leaves. Please contact us immediately so that we may consider assisting you in making a claim against the carrier or insurer of goods. We are not required to assist in your claim against the carrier or insurer. Ifdamages
are not noted at the time the carrier drops off the goods, you may have no recourse with the carrier and/or insurer and your claim against the carrier and or insurer may not be honored.
8. NO CLAIM FOR REFUND, REDUCTION IN PRICE, RETURN, OR DAMAGES OF ANY KIND FOR KNOTS, GOUGES, CRACKS, AND NAIL HOLES. Knots, gouges, cracks, and nail holes are characteristics of many of our products. Many of our products are made from pine like the European originals and naturally crack with time. Buyer agrees that characteristics such as knots, gouges, cracks, and nail holes do not constitute damage/defects characteristics regardless of when such characteristics occur or become noticeable and waives any and all claims for a refund, return or any type of damage claim. No refunds, returns or damage claims will be considered for these characteristics regardless of when such characteristics occur or become noticeable.
9. NO LIABILITY FOR DELAY: Delivery dates & lead times are estimates only and subject to change; TSM will not be liable for loss or damage due to delay or inability to deliver regardless of the reason for the delay or inability to deliver. Under no circumstances shall TSM be liable for any special, consequential, incidental, indirect, or liquidated damages, losses, or expenses (even if caused by TSM’s sole negligence or fault) arising directly or indirectly from delays or failure to give notice of delay or inability to deliver.
10. INSPECTION FOR DAMAGES/DEFECTS: The Buyer has the right to inspect the goods and TSM recommends that Buyer or carrier inspect the goods at time carrier picks up the goods from TSM’s warehouse or other facility. Written notice of any damage must be given to TSM before the goods are removed from the TSM warehouse or similar facility. Buyer or Carrier’s failure to inspect or failure to give such notice will constitute unqualiCied acceptance and a waiver of any claims by Buyer, including any claim for a refund, reduction in price, right to return, or claim for damages. Buyer agrees that any damage not brought to TSM’s attention by written notice before the goods have left the warehouse considered to have occurred after the goods have left the warehouse.
11. RETURNS: ALL SALES ARE FINAL. TSM is not required to offer refunds, reduction in price, or accept returns. At TSM’s sole discretion, TSM may offer a refund, reduction in price, or a return. No refunds, reductions, returns or damaged goods will be accepted without a written return authorization issued by a TSM representative. Returns are subject to a 35% handling/restocking charge, except for goods shipped–in–error. Store credit will be issued for any authorized returns, refunds, or reductions in price.
12. MEASUREMENTS & AVAILABILITY: TSM’s goods conform to the examples displayed on TSM’s website, and shown in its showrooms. Buyer understands the look of TSM products and the characteristics of TSM’s hand Cinished goods. Measurements are approximations. Photography is a representation & is not an accurate representation of the color.
13. VARIATIONS IN GOODS: Because of the variation & aging in natural materials & hand Cinishing, TSM does not guarantee the grain or texture of wood or painted surfaces, the aging of patinas on wood, leafed or painted surfaces, marble, stone or any other natural materials. Variation in product is expected because of the handcrafted nature of the TSM line. Due to environmental elements and relative humidity, wood will sometimes expand and shrink. Due to temperature changes, cracks sometimes appear in the goods. Buyer waives any right to a refund, return, or any other claims regarding or arising out of cracks in wood, the grain or texture of wood or painted surfaces, the aging of patinas on wood, leafed or painted surfaces, marble, stone or any other natural materials claims of this nature, regardless of when such conditions occur or become noticeable. . Solely at TSM’s discretion, claims regarding cracks in wood, the grain or texture of wood or painted surfaces, the aging of patinas on wood, leafed or painted surfaces, marble, stone or any other natural materials claims of this nature may be assessed on an individual basis if they are received by TSM in writing within two months from date the complained of item was picked up from TSM warehouse or similar facility. We do NOT accept returns without written authorization from our office.
14. BACKORDERS: Shipments of partial orders will be required. TSM will not hold merchandise to “completed order status.” Backorders less than $50.00 or other than six (6) months will be cancelled. All other backorders will ship “as available”. Cancellation of a backorder must be done in writing by fax or email in order to obtain a cancellation number.
15. CANCELLATION OF ORDERS: At TSM’s sole discretion, TSM may allow Buyer to cancel an order. TSM will not issue refunds for cancellations – only store credits. The amount of such credit is also solely the discretion of TSM.
16. ALL SALES ARE FINAL: Buyer relies upon no representations by TSM as to the condition of the goods purchased or their Citness for any intended use. Buyer acknowledges that it had ample opportunity to inspect the good(s) and/or hereby waives the opportunity to inspect the goods. Buyer agrees that the good(s) are conforming or agrees to accept the good(s) despite their non–conformity. Buyer waives right to revoke acceptance or rescind this sale.
17. TRADEMARK AND DESIGN PROTECTION: Tara Shaw Maison TM is a trade mark/service mark used exclusively by TSM to represent or describe its products. Use of this trademark requires the express written consent of TSM, provided however, Buyer is hereby permitted to use the trademark in connection with the sale of any goods purchased pursuant to this Agreement.
The designs of TSM goods are proprietary and may not be copied or reproduced by Buyer for any reason whatsoever. Should Buyer, or any of Buyer’s agents, employees, afCiliates or any other related party produce products that copy, reproduce or infringe upon the design integrity of TSM products in any way, or facilitate others in doing so, TSM reserves any and all rights to pursue whatever remedies are available under the law, and Buyer hereby agrees that it will be liable for any legal fees incurred by TSM in enforcing its rights with respect to its designs and trademarks against any improper use thereof.
18. WAIVER OF WARRANTIES: ALL GOODS ARE SOLD “AS IS” AND BUYER HEREBY WAIVES ANY AND ALL WARRANTIES, INCLUDING THE WARRANTY AGAINST REDHIBITORY DEFECTS, WARRANTY OF MERCHANTABILITY, WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE AND ANY WARRANTIES ARISING FROM DUE COURSE OF DEALING OR USAGE OF TRADE.
19. LIMITATION OF LIABILITY/LIQUIDATED DAMAGES: BUYER AGREES THAT UNDER NO CIRCUMSTANCES WILL IT HOLD TSM LIABLE FOR ANY CONSEQUENTIAL, SPECIAL, INCIDENTAL, INDIRECT, MULTIPLE, ADMINISTRATIVE OR PUNITIVE DAMAGES, or any damage of an indirect or consequential nature arising out of or related to its performance under this Agreement, whether based upon breach of this Agreement, warranty or negligence, and whether grounded in tort, contract, civil law or other theories of liability, including strict liability, even if advised in advance of the possibility of such damages. TSM’S TOTAL LIABILITY IS LIMITED TO $250.00, or no more than the amount paid to TSM under Buyer’s order, whichever is less, and Buyer agrees to indemnify TSM for any excessamounts.
20. INDEMNIFICATION: BUYER SHALL DEFEND, INDEMNIFY & HOLD HARMLESS TSM, its agents and employees against any loss, damage claim, suit, liability, judgment or expense (including, without limitation, attorney’s fees and costs) arising out of or in connection with any injury, disease or death of persons or damages to or loss of any property or the environment or violation of any applicable laws or regulations resulting from or in connection with the transportation, installation, use or repair of the goods subject to this Agreement, WHETHER CAUSED BY THE CONCURRENT OR SOLE NEGLIGENCE OR STRICT LIABILITY OF TSM OR ANY OF ITS AGENTS, EMPLOYEES OR SUPPLIERS.
21. CLAIMS, LEGAL ACTIONS AND ARBITRATION: Except for actions to collect money owed TSM or to enforce the indemnity provisions above, any claim arising out of or relating to this Agreement shall be resolved by ARBITRATION in accordance with the rules of the American Arbitration Association, and Buyer agrees that such arbitration shall be held in New Orleans, Louisiana.
22. CONSENT TO JURISDICTION/MANDATORY VENUE: Notwithstanding the arbitration provision above, Buyer consents to the personal jurisdiction of the state and federal courts of Louisiana and agrees that any legal action in connection with this Agreement shall be Ciled in a state or federal court in New Orleans, Louisiana.
23. LEGAL FEES AND COSTS: If TSM prevails in any action arising out of or relating to this Agreement, including arbitrations, TSM SHALL BE ENTITLED TO RECOVER REASONABLE ATTORNEY’S FEES, EXPERT FEES, COURT COSTS AND ARBITRATION EXPENSES. Buyer waives any right to recover attorney fees and costs under any contract, provision or statute and UNDER NO CIRCUMSTANCES WILL TSM BE LIABLE FOR BUYER’S ATTORNEY FEES ORCOSTS.
24. SEVERABILITY: This Agreement shall not be construed against the party preparing it, but shall be construed as if all parties jointly prepared this Agreement, and any uncertainty or ambiguity shall not be interpreted against any one party. If any provision of this Agreement is determined to be illegal or unenforceable, the validity of the remaining provisions hereof shall not be affected thereby and such illegal or unenforceable provision shall be deemed modiCied to the minimum extent necessary to make it consistent with applicable law and, in its modiCied form, SUCH PROVISION SHALL THEN BE ENFORCEABLE.
25. SET-OFF: Buyer shall not be entitled to set–off any amounts due Buyer against any amount due TSM in connection with this Agreement.
26. ENTIRE AGREEMENT: This document constitutes the entire agreement between the parties with respect to the subject matter hereof and contains all the terms and conditions of sale; no course of dealing or usage of the trade shall be applicable unless expressly incorporated herein. TSM’s failure to insist upon the strict performance of any term or condition herein shall not waive any of TSM’s rights or remedies hereunder. The terms and conditions contained herein may not be added to, modiCied, superseded or otherwise altered except by a written modiCication signed by the parties.
27. GOVERNING LAW: THIS AGREEMENT, IT’S VALIDITY, CONSTRUCTION, PERFORMANCE & ENFORCEMENT SHALL BE GOVERNED BY THE LAWS OF THE STATE OF LOUISIANA.
28. BUYER ACKNOWLEDGES THAT (i) THE GOODS SOLD BY TSM ARE REPRODUCTIONS AND ARE NOT REAL ANTIQUES, AND (ii) TSM IS NOT THE MANUFACTURER OF SUCH GOODS.