Wholesale Policy

Terms and Conditions of Sale

The Terms and Conditions (“Terms”) stated herein shall govern all sales of products made by Jubilee Furniture Las Vegas, Inc. (“Jubilee”), including the Policies and Procedures (“Policies”) set forth on the Jubilee Website (“Website”), at www.jubileefurniturelv.com, and the credit application submitted by the Purchaser (“Purchaser”). Regardless of any terms and conditions stated in any order submitted by Purchaser, these Sales Order (“Order”) Terms shall apply to all orders placed by Purchaser with Jubilee under the agreement of these Terms. Jubilee hereby disclaims and rejects any terms and conditions appearing in a purchase order from Purchaser that are in addition to, or inconsistent with, the Terms stated herein. Any such supplemental or inconsistent terms and conditions shall not be a part of the Agreement (“Agreement”) and shall not be binding on Jubilee. Jubilee will issue an Order number and prepare an Order as a result of the purchase order submitted by the Purchaser. Purchaser shall sign and return to Jubilee the Order issued by Jubilee, which will include a valid Order number and which, upon written acceptance by Jubilee, will constitute a binding contract between Jubilee and Purchaser as to which contract includes these Terms incorporated by reference into each Order signed by Purchaser. The signed Order, these Terms, the Policies set forth in the Jubilee Website, and an executed credit application (if any), shall constitute the entire binding contract ("Agreement") between the parties. Each Order signed by the Purchaser constitutes a separate Agreement including those essential elements.

PRICES

The prices set forth in the Order do not include any foreign, federal, state, local, or excise taxes. Purchaser shall provide to Jubilee, upon request, a Reseller (“Reseller”) permit and will be responsible for notifying Jubilee in the event of any changes to such Reseller permit. Purchaser shall, in any event, pay any and all related charges regarding Reseller permit. If Purchaser does not provide a valid Reseller permit, Jubilee will affix any of the aforementioned taxes to the invoice.

SALES ORDERS

Unless otherwise specified, no Jubilee products will be shipped until Purchaser has submitted a written purchase order and has signed a Jubilee Order. Jubilee Orders shall state the following: A. the Order number; B. the Jubilee products ordered including the model (SKU) numbers, (if applicable); the quantity of each Order; requested delivery dates; billing and shipping addresses; shipping instructions; product prices; and payment terms. Jubilee will issue an invoice to Purchaser upon shipment of the products to Purchaser. Once Orders are obtained by any of Jubilee’s distributors, Jubilee is immediately absolved of any liability due to shipping and delivery issues or delays including, but not limited to, the following: damage(s) to the packaging and contents such as scuffs, dents, marks, tears, or other issues; delays due to factors such as inclement weather or natural disasters; delays due to miscommunication between carriers and Purchasers or customers; or any other reason(s) following the pick-up and removal of a Jubilee product from Jubilee’s Las Vegas, Nevada warehouse location.

CANCELLATIONS

Purchaser’s Order shall not be subject to cancellation, changes or reductions in amount, or suspension of deliveries once signed and delivered to Jubilee except upon Jubilee's prior written consent and upon terms which indemnify Jubilee against loss.

QUOTATIONS

Unless otherwise stated, all Jubilee quotations are valid for a period of fourteen (14) calendar days from the date of quotation. All quotations of product prices shall be exclusive of VAT and import duties. All freight and insurance will be the responsibility of Purchaser unless Purchaser has arranged otherwise with Jubilee.

DELIVERY DATES

Any date of delivery furnished by Jubilee to Purchaser is determined from the date of Jubilee’s receipt of Purchaser's signed Order and the payment Agreement terms. The date is only an estimate of the date of delivery, not a guarantee of a particular delivery date. If prepayment or letter of credit payment terms are required by Jubilee’s credit department, the delivery date will be determined from the date of Jubilee’s receipt of such prepayment or approved letter of credit. Jubilee shall not be held liable for delayed shipments.

ERRORS OR OMISSIONS

Errors or omissions in any Jubilee quotation, acceptance, packing list, or other document shall be subject to correction at Jubilee’s discretion.

PAYMENT TERMS

Payment terms are set forth on the Order and the invoice. If payment terms are authorized by Jubilee, commencement of such terms shall begin from the date of shipment to Purchaser. All purchase orders submitted by Purchaser are subject to approval by Jubilee’s credit department, which reserves the right to change or withdraw credit terms without notice. All payments shall be made in USD and may normally be made by credit card, cash, check, or money order. At Jubilee’s discretion, payment may be required through cashier’s check, irrevocable letter of credit, or wire (ACH) transfer. All bank fees or payments including credit card charges shall be paid by Purchaser.

LATE FEES

Purchaser shall pay a late fee of one and one-half percent (1.5%) per month on all balances not paid within the term set forth on the Order and invoice. Excessive late payments may cause future purchase orders—once accepted by Jubilee—to be shipped to Purchaser on a prepayment, COD, or irrevocable letter of credit basis.

SECURITY INTEREST

For any Purchaser within the USA, Purchaser hereby grants to Jubilee a purchase money security interest in Purchaser’s entire inventory of Jubilee’s products, whether heretofore or hereafter acquired from Jubilee. Purchaser hereby irrevocably appoints Jubilee as Purchaser’s attorney-in-fact to prepare, execute, and file-financing statements showing

Jubilee’s interest in such Jubilee products. Purchaser shall pay the cost of filing all such financial statements. Upon the occurrence of any default by Purchaser with regard to payment for shipped Jubilee products, and at any time thereafter Jubilee may, without prior notice to Purchaser, take possession of such Jubilee products wherever they may be found, or exercise and enforce any and all rights and remedies otherwise available to a secured party under the Uniform Commercial Code upon such default. For any Purchaser outside the USA, notwithstanding the passing of the risk of loss to Purchaser as provided herein, Jubilee shall retain title to the products sold to Purchaser until receipt of full payment of the purchase price.

SHIPPING & RISK OF LOSS

Jubilee shall ship all products listed on each Order to the name and address set forth on the Order and in accordance with the method set forth on the Order via the carrier designated by Purchaser Ex Works Factory. Purchaser will be responsible for all shipping costs including costs of insurance for shipping of the products, unless the Purchaser and Jubilee agree, in writing, to a different arrangement. Risk of loss shall pass to Purchaser upon delivery by Jubilee to the carrier. Jubilee will provide reasonable cooperation should Purchaser assert a claim against any carrier or insurance company to recover any loss of product(s) during transit.

INDEMNIFICATION

Purchaser shall indemnify and defend Jubilee and each of its affiliates against, and hold them harmless from, any and all claims, actions, proceedings, liabilities, obligations, losses, damages, costs, or expenses (including reasonable attorney fees) incurred by Jubilee or any of its affiliates, to the extent relating to, resulting from, arising out of, or in connection with the death or injury of any person; the damage of any person or property; any breach by Purchaser of any covenant or representation; or any act or omission constituting negligence or willful misconduct by Purchaser or any of its subcontractors, officers, directors, employees, or agents during performance of its obligations under this Agreement.

PURCHASERS’ DUTIES AND RESPONSIBILITIES

By accepting delivery of any Jubilee product, Purchaser agrees to use that product only for its intended use including resale. The Purchaser assumes, without limitation, all risk of injury, damage, or any issue(s) arising as a result of deliberate or unintentional misuse of a Jubilee product.

RESALE

The Purchaser agrees to assume all liability as a result of unintentional misuse of a Jubilee product (i.e., using a Jubilee product for any reason other than its intended use) from any third party who has directly or indirectly obtained the product from the Purchaser. In addition, the Purchaser agrees to indemnify, defend, and hold harmless Jubilee against all inquiries, claims, damages, actions, causes of action, injuries, and litigation arising out of any use other than the intended use of a Jubilee product purchased by the Purchaser.

INSPECTION AND ACCEPTANCE OF PRODUCTS

Purchaser shall notify Jubilee’s customer service department within forty-eight (48) hours of receipt of Jubilee products regarding any defects or deficiencies therein, including Order questions regarding lost, damaged, or incorrectly shipped Jubilee products. Failure to provide such notice to Jubilee shall be deemed acceptance of such Jubilee products as complete and satisfactory to Purchaser. Therefore, it is incumbent on Purchaser to inspect the products at the time of arrival and note all damages or possible concealed damages before signing the delivery receipt. If the product arrived damaged, please contact Jubilee within the 48-hour time frame and provide pictures and details of the damages in written form. If damaged products are not promptly reported, Jubilee will not be able to assist with any claims by the Purchaser. All defective products that are returned to us must be shipped in the original packaging. If there are any unauthorized returns (i.e., customers refuse products), the customers must notify Jubilee of such refusals, in writing, within 48 hours of receipt of such products and are expected to return the products to Jubilee, in their original conditions with the original packaging, at customers’ expenses within 96 hours after notice of refusal has been provided to Jubilee; otherwise, customers shall be deemed to have accepted the product. Jubilee appreciates the exercise of common business courtesy by the Purchaser. In the event of a problem with a shipment, the purchaser should notify Jubilee immediately to expediently address any issues so as to efficiently and amicably reach a solution.

CLAIM, RETURN & EXCHANGE POLICIES

Purchasers shall not be entitled to return products without Jubilee’s written approval. Purchaser shall obtain the appropriate forms from Jubilee prior to returning any such products. Upon receipt of returned orders, Jubilee will inspect the packaging and items and assess any damage from which Jubilee will determine partial or whole acceptance or denial of the returned item.

If accepted, a predetermined credit will be issued to Purchaser’s account. All B2B returns are subject to account credit. Refunds in any form will not be provided. Jubilee takes all possible measures to ensure Purchaser’s Orders are shipped and delivered in the best condition possible. In case of damage caused on the end user's side, it is the end user's responsibility to keep the packaging and provide all necessary claim materials within forty-eight (48) hours following delivery. If returning the order, the end user can prepare the product for pick-up. Any defective products will be handled according to the Terms of this Agreement. In case of loss, damage, or any manufacturing defects, replacements will only be available for pick-up from our warehouse, and fees or other charges may be incurred. Shipping charges are not refundable, and Jubilee does not provide drop-shipping to wholesale customers.

Jubilee is not responsible for the damages caused by the freight company, and once an order departs from our warehouse, the Purchaser assumes full responsibility for the order and absolves Jubilee Furniture of any issues regarding damage or missing items.

Jubilee does not accept or honor chargebacks, debits, returns, offsets, deductions, or claims without our express written consent. In order for an item to be replaced for any reason at the sole discretion of Jubilee, the original product must be returned in “like-new” condition for full or partial compensation. Returns will not be accepted by Jubilee unless the return complies with this provision. There will be a 25% restocking fee for returned items with the original packaging. Products that have been assembled will not be accepted for a refund, credit, or exchange.

SPECIAL ORDERS

Please note that there may be variations in shade due to the natural origin of wood, leather, and fabric materials. Digital or printed image colors can also be slightly different from the originals. A special order can be canceled within the first 48 hours of acceptance of Order by Purchaser. Jubilee reserves the right to refuse and issue refunds or exchanges after the 48-hour time frame. All delivery dates for special orders are approximate and can change due to manufacturing time frames, overseas loading plans, shipping schedules, or any other cause(s) beyond our control. A deposit of 30% must be paid before an Order for special products can be processed. In the event of an Order cancellation, this deposit will be non-refundable. All special orders remain the property of Jubilee and will not be released until payment for each item has been satisfied in full. Special orders must be paid in full and picked up from our warehouse in Las Vegas, NV within five (5) business days from the date of notification of arrival. A storage fee of $15 per day will be added to the invoice after this period. The same period and storage fee rule applies to orders that were shipped to one of our distribution centers for pick-up.

WARRANTIES

All products shall conform to the manufacturer’s specifications and shall be free from defects in design, materials, and workmanship for six (6) months from date of shipment. Jubilee HEREBY DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. Jubilee’s standard warranty policy covering any Jubilee products shall be NULL, VOID, AND OF NO EFFECT if the Purchaser or any third party uses that product for any use other than the intended use of that product.

INTELLECTUAL PROPERTY

The trademarks, pictures, logos, and service marks used and displayed on this website are registered and unregistered Trademarks of Jubilee. The name of Jubilee’s logo or the other Jubilee trademarks may not be used in any way without prior written permission from Jubilee. Jubilee prohibits use of Jubilee’s logo as part of a link to or from any site unless such link is approved, in writing and in advance, by Jubilee. Jubilee aggressively enforces its intellectual property rights to the fullest extent of the law. Jubilee can enforce this provision in any court of competent jurisdiction and is entitled to recover any costs in protecting its rights including recovery of reasonable attorney fees.

RELATIONSHIP OF THE PARTIES

The parties are independent contractors. Nothing in this Agreement shall be construed or intended to create any partnership, joint venture, or agency relationship between the parties. Nothing contained in this Agreement is intended, shall be construed to confer upon, or give any person or entity other than the parties any rights under or by reason of this Agreement.

NOTICES

Any notices required or permitted will be given to the appropriate party at the address specified in the Order or such other address as the party may have subsequently provided in writing. Notices are legally effective upon receipt. In addition to hand deliveries or deliveries made via overnight couriers such as FEDEX, UPS, or other private services in which a signature for receipt is required, a notice is deemed “received” within three (3) days from either of the following scenarios: a sent certified mail return receipt has been requested; Purchaser has sent notice with prepaid postage; or Purchaser has, with proof of transmission, delivered notice to Jubilee by facsimile or email.

LIABILITY

In no event will Jubilee’s liability for any breach of this Agreement be more than the amount of the Order, which would be the subject of the alleged breach.

ASSIGNMENT

Purchaser shall not assign any of its rights or delegate any of its obligations under this Agreement without the prior written consent of Jubilee.

SEVERABILITY

If any provision of this Agreement is found by a court of competent jurisdiction to be unenforceable for any reason, the remainder of this Agreement shall continue to be in full force and effect.

GOVERNING LAW

Nevada law, excluding its choice of law rules, shall be controlling for all purposes regarding any claim or dispute between Jubilee and Purchaser. The sole and exclusive forum for any action commenced by Purchaser shall be in a state or federal court in Nevada, County of Clark. The United Nation Convention on Agreement for the International Sale of Goods shall not apply to transactions between Jubilee and Purchaser.

ATTORNEY’S FEES

If Jubilee is the prevailing party in any suit or other legal proceeding between Purchaser and Jubilee, Jubilee shall be entitled to its reasonable attorney's fees and costs incurred therein.

FORCE MAJEURE

All Orders are subject to strikes, labor problems, lockouts, contingencies of transportation, failure of usual source of supply of fuel, shortage of materials, accidents, product delays, or any other delays or issues beyond Jubilee’s control such as natural disasters or inclement weather conditions. Jubilee shall not be responsible for such events and will make every reasonable effort to ship the products once the delays or issues are rectified.

ENTIRE AGREEMENT

This Agreement, including the signed Order, contains the entire understanding of the parties with respect to the subject matter and replaces any prior written or oral communication.

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Last Updated: March 1, 2021