Humanscale's Terms & Conditions
THE FOLLOWING TERMS & CONDITIONS APPLY TO ALL HUMANSCALE PRODUCTS OTHER THAN HUMANSCALE HEALTHCARE PRODUCTS.
TERMS OF PAYMENT
Upon approved credit, terms of payment are net 30 from date of shipment. Deposits may be required for large or custom orders. The processing of orders and/or shipment of orders placed may be delayed if the deposit is not received with the order or if customer’s account is in “Past Due” status.
All customers of Humanscale must complete a credit application, with current information, which must be signed by an owner or officer. A line of credit may be set by our Credit Department, however the basis for the line of credit may be changed or cancelled at our discretion and advance payment may be required. Any unpaid balance, upon which payments are not made according to the terms governing the sale, will be considered “Past Due” and will increase by a maximum of 2% per month, without forfeit of Humanscale’s right to payment.
Any customer who has failed to pay for goods delivered or services rendered in a timely manner shall be liable for all fees, expenses, disbursements, and charges (including all legal costs) incurred by Humanscale in collecting monies owed, as well as interest (at 24% per annum).
Purchase orders must include the following: “Bill To” and “Ship To” information—Company Name (Ship To company may be end user or installation company), Address, Telephone, Fax, Contact Person; End User Company Name; Requested Ship Date; Purchase Order Number; Special Delivery, Shipping and Packing Instructions (if applicable); Proper Discount Off Current List Price, Product Quantities and Full Model Numbers; and Total (List/ Net).
ORDER CHANGES AND CANCELLATIONS
All changes to or cancellations of orders placed with Humanscale must be in writing and sent to Humanscale Customer Service. All changes to or cancellations of Quick Ship orders will incur a minimum change/cancellation fee of 10% of net. All other orders may be changed or cancelled without penalty if Humanscale is notified at least two (2) weeks before the scheduled ship date for standard orders (under 250 units), or at least three (3) weeks before the scheduled ship date for large orders (250 units or more). Order changes or cancellations made less than two (2) weeks before the scheduled ship date for standard orders or less than three (3) weeks before the scheduled ship date for large orders will incur a minimum change/ cancellation fee of 10% of net. Irrespective of when notified, changes or cancellations are not binding upon Humanscale until Humanscale issues a written acknowledgment of the change or cancellation. Order changes are defined as the deletion of line items; changes in style, color, quantity or requested ship date; or ship-to address changes. Order changes that result in a quantity reduction may be subject to an additional small order fee or adjustment in pricing. Under no circumstances will changes or cancellations be accepted on any custom fabric, special order or custom product orders.
Humanscale list prices do not include sales tax. Customer is responsible to remit all such tax. Humanscale requires a State Resale/Exemption Certification to be on file at its main office. Sales made without said Certificate will be charged the appropriate sales tax.
All discounts and list prices are subject to change without notice. Prices are those in effect at the time of order entry. If the requested shipment date is more than 90 days after the order date, Humanscale reserves the right to price said order based on the published list price as of the shipment date.
SMALL ORDER FEE
A 3% small order fee applies to all invoiceable orders of $1,500 net or less, including billable replacement parts, regardless of product category.
SHIPPING AND DELIVERY
All Humanscale orders are acknowledged with a promise date (scheduled ship date) based on the product with the longest lead time. Large orders may increase standard lead times. Standard shipping charges will be billed to customer. Custom platform orders require 4 to 6 weeks.
Quick Ship seating orders for up to 50 chairs will ship within 10 business days from the date of order entry as long as Quick Ship was specified on the order. Seating orders for up to 150 chairs will ship within four weeks from the date of order entry for chairs containing any combination of Wave, Vellum, Monofilament Stripe, Pinstripe and Dash fabrics. Seating orders for up to 100 chairs will ship within six weeks from the date of order entry for all other fabrics. Consult with your Humanscale representative for lead times on all other seating orders. Unless otherwise contractually specified, Diffrient World, Freedom and Liberty chairs will ship with the base and frame disassembled. Chairs can be easily assembled in seconds without use of tools. Blanketwrapped shipping is available for full truckloads of 200 or more Diffrient World, Freedom or Liberty Task and Conference chairs. Consult your Humanscale representative for blanket-wrapped shipping requirement for Cinto and the Liberty Side chair.
All products ordered on a single purchase order will be delivered together in a single ship set. To break a ship set, customers must indicate “Ship as Available” on the purchase order. Upon request, customer accounts may be defaulted to ship all orders on an as-available basis.
Humanscale will attempt to accommodate basic shipping instructions, such as “call ahead” or “deliver before 12:00 p.m.,” if clearly identified on the purchase order as “Shipping Instructions.”
Humanscale will attempt to accommodate basic packing instructions for internal delivery of specific items on an order, such as “Deliver to Joe Smith” or “Deliver to cube #218,” if clearly identified on the purchase order as “Packing Instructions.”
Product shortages must be noted at the time of delivery and reported to the carrier for correction. Claims against Humanscale for shortages, errors, etc., must be made in writing and within three (3) days of the date of delivery or customer waives its right to make such a claim.
Humanscale will file all F.O.B. destination claims. In order to receive credit, customer agrees to cooperate and assist in the procedures set out by the carrier and Humanscale.
1. Note damage on the delivery receipt at time of delivery.
2. Refuse product at time of delivery.
3. Contact Humanscale Customer Service within 24 hours of the attempted delivery and advise them of the damage.
4. Enter a chargeable replacement order; credit will be issued after the disposition of damaged product is determined.
If customer determines that there is internal damage not visible at time of delivery, customer will retain all packaging materials and take the following action steps within fifteen (15) calendar days from the date of delivery.
1. Request inspection by calling local freight carrier to report damage.
2. Retain merchandise in the original box.
3. Call your Humanscale Customer Service agent to provide order and product information.
4. Get a copy of the inspection report from carrier.
5. Enter a chargeable replacement order; credit will be issued after the disposition of damaged product is determined.
If a customer is unable to accept a scheduled product delivery, Humanscale, if notified in writing after product assembly and prior to the scheduled ship date, will store the product at customer’s expense. Humanscale shall invoice customer for the product and monthly Storage Fees.
Storage Fees will be 1% of the net order value per month or actual storage costs—whichever is greater. Storage Fees are calculated with a one-month minimum and will not be pro-rated. If customer is unable to accept a scheduled product upon delivery, customer shall be responsible for placing the product in storage and bears the risk of loss. However, payment of the balance due is per Humanscale‘s Terms of Payment.
RETURN AUTHORIZATIONS and REFUSALS
All returned and non-damaged refused orders are subject to a five percent (5%) restocking fee. Seating and special order returns will not be accepted. Customer must request a Return Authorization through the Humanscale Customer Service Department within 45 days of product receipt to return any product. If Humanscale agrees to restock the product, customer must return it freight prepaid to Humanscale, F.O.B., to the original shipping point or as otherwise instructed by Humanscale Customer Service. If product is returned without a Return Authorization, Humanscale will notify customer of the unauthorized return and customer must provide instructions for its disposition within one week thereafter. Failure of customer to respond within one week will result in Humanscale’s right to dispose of the product with no credit. Return Authorizations expire sixty (60) days after the date of issue. If the returned product is not in resalable condition, customer will not receive credit for the return. Customer must promptly provide a purchase order or other acceptance of fees/credit reduction as required.
Humanscale offers the following warranties on its products, subject to any exclusions and limitations as set forth below:
|Customer’s Own Material (COM, COL)||No Warranty|
|Switch Mouse||1 Year|
|Technology Products||3 Years, Limited Warranty|
|Keyboard Trays||15 Years|
|Palm Rests & Mouse Pads||5 Years|
|Element Series Lights||10 Years|
|Horizon Series Lights||10 Years|
|Diffrient Series Lights||5 Years|
|Nova Series Lights||10 Years|
|Float Table, (Mechanical)*||5 Years|
|QuickStand Sit/Stand Workstation, QuickStand Lite, QuickStand Eco, QuickStand Underdesk||5 Years|
|Fabric/Cushions/Arm Pads/Wood||5 Years|
|M2, M/Flex & Para/Flex Monitor Arms||15 Years|
|M2.1, M8.1, M/Flex for M2.1 and M/Flex for M8.1 Monitor Arms||15 years|
|M4, M7 & M8 Monitor Arms with Gas Cylinder Components||
|M10 and M/Flex for M10 Monitor Arms||10 Years|
|Ballo Stool**||3 Years|
|Vessel Lights†||10 Years, 3 Years for the power supply driver|
|M/Connect 2||3 Years|
|FR500 Footrocker||15 Years|
|Monarch Mat||3 Years|
|Office IQ||1 Year|
|Nap Rest for the Diffrient World Chair||3 Years, Single Shift|
|Separation Panels||5 Years|
|Pro Click Mouse||2 Years|
|All other seating and products detailed in a current Humanscale Price Guide, unless otherwise specified||15 Years|
|All other products NOT detailed in a current Humanscale Price Guide||Varies; consult your Humanscale representative for details|
* Modifying or tampering with any part of the base of the Float Table will render the warranty void. The warranty on the Float Table applies to the base and work surface if the table top is provided by Humanscale, and only to base if the table top is provided by a third-party, provided that the third-party table top meets the following requirements: (i) has a depth of 36” or less, (ii) has a width of 72” or less, and (iii) the total weight load including work surface is no more than 130 lbs for the standard base and no more than 160 lbs for the heavy duty base
** Note: Ballo is not a task chair. It has not passed the BIFMA or European EN standards for office seating. The Ballo is an exercise chair that is designed for dynamic seating and frequent movement. All Ballo instructions should be followed to ensure a comfortable experience.
†The warranties for the Vessel lights exclude labour and other costs associated with the installation and/or removal of the lights from ceilings, walls, fixtures, etc. Further, Humanscale has no warranty obligations if the product is affected by internal or external environmental conditions (including but not limited to water, moisture, outdoor use, or temperature damage), power fluctuations, improper power supply, or if the product is not installed and used in compliance will all applicable standards and electrical codes.
These warranties are available to the original end-user customer only and are non-transferable. For these warranties to be valid, the Humanscale product must have been purchased directly from Humanscale and/or an authorized dealership, distributor, retailer and/or reseller of Humanscale products. If products are procured through an authorized dealership, distributor, retailer and/or reseller, the end-user customer must be registered with Humanscale for the warranty to be in effect. Humanscale warrants that, at the time of customer’s receipt, the product will be in good working order and will be free from defects in materials and workmanship for the duration of the warranty term, as set forth above. These warranties do not apply to normal wear and tear or damage caused by accident, neglect, product abuse, misuse and/or failure to follow instructions relating to the product’s installation or intended use. Humanscale will not be responsible for damage due to service, maintenance, modifications or tampering by anyone other than a Humanscale authorized representative. Humanscale will not be responsible for injury or damage caused by or associated with the installation and/or use of products in any manner other than in strict conformance with the instructions set forth in its installation manuals and instruction sheets and/or product literature. These warranties do not cover damage caused by a carrier or transportation of the product from one location to another, or alterations made by owner. Humanscale does not warrant damages or defects to the products under the following conditions: an Act of God, damage from electrical power problems, usage of parts or components not supplied by Humanscale, failure to perform preventative maintenance, or damage caused by peripherals not supplied by Humanscale.
In the event a product or product part is defective in material or workmanship during the warranty period, and Humanscale receives written notice of the defect within the warranty period, Humanscale will determine with customer if the defect is covered under warranty. Humanscale, at its option, may repair or replace the defective product or product part determined to be under warranty with the same or comparable product or product part as determined by Humanscale, at customer’s location or at a designated Humanscale location. The labor costs associated with the repair of the product or product part may be the responsibility of Humanscale if the product or product part is determined to be under warranty. Humanscale must pre-approve the labor costs prior to the repair or replacement of warranty products or product parts. Customer must contact Humanscale to obtain a Return Authorization through the Humanscale Customer Service Department. Performance of any repair or replacement does not renew or extend the warranty period. If, after examining and testing a returned product or product part, Humanscale determines that the product or product part is not defective, Humanscale will notify customer and return the product or product part to customer. Customer will be responsible for the freight charges associated with the return of non-defective products or product parts. To return a product or product part for repair that is not covered by warranty, Customer must request a Return Authorization through the Humanscale Customer Service Department. Customer will bear the costs of labor and freight charges associated with non-warranty repair. Customer will be charged a standard repair fee, specific to the product, for any product that is repaired outside of the warranty period. Repairs on products out of warranty also carry a 90-day warranty, effective the day that Customer receives the repaired product or product part. For products that are not covered under warranty: Customer may upgrade to a newer, functionally equivalent product at the list price; the product or product part will be returned to Customer; or Customer can request in writing that Humanscale dispose of the product or product part for Customer, in which case a fee may apply as designated by local law.
THIS LIMITED WARRANTY IS IN LIEU OF ALL OTHER REPRESENTATIONS, WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED REPRESENTATIONS, WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, NON-INTERFERENCE, AND ALL OTHER WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE.
Humanscale does not warrant that customer’s use of the Humanscale product will be uninterrupted or error free. Any implied warranties that may be imposed by law are limited in duration to the Limited Warranty period, to the greatest extent allowed by law. Some states or countries do not allow a limitation on how long an implied warranty lasts or the exclusion or limitation of incidental or consequential damages for consumer products. In such states or countries, some exclusions or limitations of this Limited Warranty may not apply. This Limited Warranty is subject to change without notification.
LIMITATION OF LIABILITY
Purchaser’s remedies set forth herein are exclusive and the liability of Humanscale with respect to the breach of this agreement or any contract entered into between the parties pursuant hereto shall not exceed the price of the product or part on which such liability is based. In no event will Humanscale be liable to purchasers for any special, collateral, incidental or consequential damages however caused, whether by Humanscale’s negligence or otherwise. The remedies provided above are the purchaser’s sole remedies for any failure of Humanscale to comply with its obligations regarding the workmanship of its products. Correction of any nonconformity in the manner and for the period of time provided shall constitute complete fulfillment of all liabilities of Humanscale, with respect to or arising out of the product furnished hereunder.
ONLINE PARTNERSAll Customers of Humanscale must obtain prior written permission to advertise and sell Humanscale Products on the Internet, including, but not limited to online auctions, online marketplaces, and Customer-owned eCommerce websites. Authorised retailers and commercial dealers will be provided Terms & Conditions and a Recommended Retail Price Guide.
Pre-Approval of Internet Content: Humanscale must approve the final versions of all contents to be placed on any online site relating to the Humanscale Products before they are published. To request approval, send an email to email@example.com and provide access to the proposed online offering.