APPROVALS, LOANERS AND RENTALS
We are happy to lend out items out for any number of reasons. Please see terms for each of the three below to learn which is appropriate for your needs.
Approval: (For Purchase Consideration)
An approval is the loan of an item to determine if it’s right in a space. An Approval agreement is not appropriate for use of an item without the intention of possibly keeping an item, for use in a photo shoot, staging an event, etc.
Please note that all delivery costs are the responsibility of the Client.
Items loaned from RT Facts are inspected upon leaving our premises and again upon return. If damaged upon return, the cost of replacing an item or repairing damage, cosmetic or otherwise, will be the full responsibility of the Client listed below. If not returned, the cost of the item will be charged to the credit card on file.
Loaner Terms: (Showhouse, Magazine + Portfolio Shoots)
A loaner is a loan of item(s) wherein the Loaner gives non-financial compensation to RT Facts in the form of image files, credit on page, etc..
Please note that all delivery costs are the responsibility of the Loaner.
Items loaned from RT Facts are inspected upon leaving our premises and again upon return. If damaged or not returned, the cost of replacing an item or repairing damage, cosmetic or otherwise, will be the full responsibility of the Client listed below.
Loaner compensation is as agreed upon by Loaner and RT Facts below. Please note, the Loaner will be billed as a Rental, at a fee of 20% of the retail price of each item if below terms are not met.
Applicable compensation types for Loaners are as follows:
- High Resolution Photography Files for RT Facts discretionary use in marketing. We agree to credit designer, photographer, etc., upon use of photos if information is provided.
- Credit In Publication (digital or print) with on-page credit to RT Facts.
- Credit at Showhouse: signage physically placed on item or listed with general vendor signage, noting item(s), whichever is standard for specific show.
- Social Media Credit: All posts and stories containing RT Facts item(s) should have an @rtfacts tag directly over item(s) at time of posting. Layering tags or adding tags to the comments section is not an acceptable form of credit.
- Other forms of compensation agreed upon by Client and RT Facts.
Rental Terms: (Movie Sets, Commercial Photo Shoots, Staging, Events)
A rental is the rental of item(s) wherein the Renter gives financial compensation to RT Facts for their use of our item(s) .
Please note that all delivery costs are the responsibility of the Renter.
Items rented from RT Facts are inspected upon leaving our premises and again upon return. If damaged or not returned, the cost of replacing an item or repairing damage, cosmetic or otherwise, will be the full responsibility of the Client listed below. The Rental fee is determined by RT Facts at time of rental based on the length of rental and value of the piece(s).
TERMS OF SALE
These terms and conditions of sale (these “Terms”) are the only terms which govern the sale of the goods (“Goods”) by RT Facts (“Seller”) to a customer of RT Facts (“Buyer”). Acceptance of orders is based on the express condition that Buyer agrees to the Terms, and the placing of any order by Buyer will constitute Buyer’s agreement to these Terms. In addition, all orders for Goods are subject to acceptance by RT Facts. RT Facts will acknowledge and accept the orders for Goods by issuing a confirmation of sale to Buyer (the “Order Confirmation”). An order submitted by the Buyer and then accepted by RT Facts is held to these terms and conditions.
The Order Confirmation and these Terms (collectively, this “Agreement”) comprise the entire agreement between the parties, and supersede all prior or contemporaneous understandings, agreements, negotiations, representations and warranties, and communications, both written and oral.
Cancellation of Order
Buyer acknowledges and agrees that orders for custom made Goods are non-refundable once the order has been placed. Any orders containing Customer’s Own Material (“COM”) or Customer’s Own Leather (“COL”) cannot be returned or credited once Seller has commenced production on such goods.
Orders for in stock Goods are subject to a 25% restocking fee.
Changes to Order
Any approved changes to a custom Goods will be subject to change order fees at the discretion of RT Facts. Any orders containing Customer’s Own Material (“COM”) or Customer’s Own Leather (“COL”) cannot be returned or credited once Seller has commenced production on such goods.
If Goods are to be delivered, RT Facts will deliver the goods within a reasonable time, which is dependent on the delivery location and delivery schedules after the receipt of Buyer’s purchase order for in stock items and after custom Goods are complete. Buyer acknowledges and agrees that all quoted completion dates and delivery dates are estimates.
Please Note that the lead time for an item does not include delivery time. Items being delivered locally are typically delivered within one week of being completed. Longer distance deliveries take time to arrange and coordinate and it can sometimes be a number of weeks between when and item is complete and when it's delivered to the west coast, for instance.
Any specialized packaging requested by Buyer in excess of RT Fact’s standard methods for packaging is not included in the Price.
Partial shipments of Goods to Buyer will incur an additional cost.
If for any reason Buyer fails to accept delivery of any of the Goods, or if RT Facts is unable to deliver the Goods at the Shipping Address because Buyer has not provided appropriate instructions, documents, licenses, or authorizations: (i) risk of loss to the Goods shall pass to Buyer at such time; (ii) the Goods shall be deemed to have been delivered; and (iii) Seller, at its option, may store the Goods until Buyer picks them up, whereupon Buyer shall be liable for all related costs and expenses (including, without limitation, storage and insurance).
The Buyer can arrange pick up for Goods between the hours of 9 am and 4 pm Monday - Friday, the Buyer must schedule a pick up appointment at least 24 hours in advance by emailing firstname.lastname@example.org and have it confirmed by the RT Facts.
If items are not collected within two weeks of being completed, the Buyer shall pay a storage fee of $100.00 - $150.00 per month per item, at RT Facts discretion. Buyer shall assume all costs and risks to Goods warehoused and Goods will be considered available for delivery for all purposes related to the Terms.
Inspection of Goods
Buyer shall inspect the Goods upon receipt at the Shipping Address, and any claim by Buyer against RT Facts or the Carrier for shortage, damage, or defect occurring prior to such delivery must be made in writing to RT Facts and/or the Carrier within 24 hours of receipt of the Goods (the “Inspection Period”), and such writing must be accompanied by the original transportation bill noting that the carrier received the Goods from RT Facts in the condition claimed. If the above procedures are not followed, the Buyer shall be deemed to have accepted the Goods.
If Buyer timely notifies Seller of any Nonconforming Goods, Seller shall, in its sole discretion, (i) replace such Goods, or (ii) credit or refund the Price for such Goods, together with any reasonable shipping and handling expenses incurred by Buyer in connection therewith.
Buyer shall purchase the Goods from RT Facts at the prices (the “Prices”) set forth in Seller’s published price list in force as of the date that RT Facts accepts Buyer’s purchase order and issues the Order Confirmation; provided, that the parties agree that Price quotes are valid for 45 days from the date of the order quotation unless extended in writing by the parties. The Prices for the Goods shall be disclosed to Buyer in the Order Confirmation. Notwithstanding the foregoing, RT Facts reserves the right to change prices, dimensions, and specifications without notice prior to Seller’s issuance of the Order Confirmation.
Unless noted otherwise, all Prices are listed in United States dollars and are exclusive of shipping charges, in-transit insurance, storage charges, local delivery charges, assembly charges, installation charges, and all sales, use, and excise taxes, and any other similar taxes, duties, and charges of any kind imposed, either directly or indirectly, by any foreign or domestic governmental authority, including without limitation any federal, state, or local governmental authority, on any amounts payable by Buyer. Buyer shall be responsible for all such charges, costs, and taxes; provided, that Buyer shall not be responsible for any taxes imposed on, or with respect to, RT Facts’s income, revenues, gross receipts, personnel or real or personal property or other assets.
If the Goods are stock orders, Buyer shall pay all invoiced amounts in full upon receipt of Seller’s Order Confirmation prior to the shipment of the Goods to Buyer. If the Goods are Made To Order goods, Buyer shall pay at least 50% of the invoiced amount on receipt of RT Facts’s Order Confirmation prior to RT Facts processing such orders to productions, and, prior to shipping or collection, Buyer shall pay the balance in full.
We accept payments made via check, wire transfer, credit card (with additional 3% fee), Venmo and cash.
Buyer shall not withhold payment of any amounts due and payable by reason of any set-off of any claim or dispute with RT Facts, whether relating to RT Facts’s breach, bankruptcy, or otherwise.
Drawings; Dimension; and Samples
All drawings, descriptions, dimensions and illustrations provided by RT Facts, including in any price lists, catalogs, or advertisements, are close approximations only. Our items are made by hand and we do allow for some variance.
Additional Terms Regarding Orders Containing COM and COL.
Buyer acknowledges and agrees that the Prices of any Orders containing COM and/or COL shall include the additional labor costs for applying or upholstering products with Buyer’s fabric or leather.
Buyer shall be responsible for providing the proper materials and quantity of the COM and COL that satisfy the minimum requirements of RT Facts’s COM / COL guidelines currently in effect. If requested by RT Facts, buyer shall provide RT Facts with a COM / COL sample for approval, and RT Facts reserves the right to reject any COM / COL that is considered improper for any reason. RT Facts accepts no responsibility for any complaint arising from the appearance, durability, quality, fading, placement, or performance of any COM and/or COL incorporated in the Goods. Buyer shall advise RT Facts in writing of any specific requirements as to special alignment, placement of or detail, front or back of the COM and/or COL, and, in the event Buyer does not provide such a writing, RT Facts will install the COM and/or COL according to Seller’s guidelines based on standard yardage and square feet requirements.
Seller makes no warranty whatsoever with respect to any COM or COL. Buyer acknowledges and agrees that no warranty will apply to damage or misuse, accidents, abuse, neglect, mishandling or wear resulting from normal use related to any Goods containing COM and/or COL.
Limitation of Liability
(a) IN NO EVENT SHALL SELLER BE LIABLE TO BUYER OR ANY THIRD PARTY FOR ANY LOSS OF USE, REVENUE OR PROFIT, OR FOR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES WHETHER ARISING OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE AND WHETHER OR NOT SELLER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND NOTWITHSTANDING THE FAILURE OF ANY AGREED OR OTHER REMEDY OF ITS ESSENTIAL PURPOSE.
(b) IN NO EVENT SHALL RT FACTS’S AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT, WHETHER ARISING OUT OF OR RELATED TO BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EXCEED THE TOTAL OF THE AMOUNTS PAID TO RT FACTS FOR THE GOODS SOLD HEREUNDER. RT FACTS’S LIABILITY MAY BE FURTHER LIMITED AS PER THE TERMS OF SELLER’S MANUFACTURER’S WARRANTY.
(c) Any claim by Buyer with reference to the services of RT Facts or any Goods sold shall be deemed waived by Buyer unless submitted to RT Facts in writing within 30 days from the date Buyer discovered, or should have discovered any claimed breach.
(d) The limitation of liability set forth in Section 15(b) above shall not apply to (i) liability resulting from Seller’s gross negligence or willful misconduct and (ii) death or bodily injury resulting from Seller’s acts or omissions.
Compliance with Laws
Buyer shall comply with all applicable laws, regulations, and ordinances. Buyer shall maintain in effect all the licenses, permissions, authorizations, consents and permits that it needs to carry out its obligations under this Agreement.
Remedies Upon Default
If Buyer fails to make payment in accordance with the terms herein or otherwise fails to comply with any provision hereof, RT Facts may, at its option, cancel any unshipped portion of an order, retain the Goods, and declare a forfeiture of the deposit as liquidated damages. In addition to any remedies that may be provided under these Terms, RT Facts shall have the right to appropriate and sell the Goods and apply the amounts collected to any payment owed to RT Facts, including but not limited to the unpaid balance of all accounts and any expenses and costs incurred by RT Facts to exercise Seller’s rights hereunder, as RT Facts shall determine in its sole discretion. Buyer shall remain liable for the balance of all unpaid accounts.
In addition to any remedies that may be provided under these Terms, RT Facts may terminate this Agreement with immediate effect upon written notice to Buyer, if Buyer: (i) fails to pay any amount when due under this Agreement; (ii) has not otherwise performed or complied with any of these Terms, in whole or in part; or (iii) becomes insolvent, files a petition for bankruptcy or commences or has commenced against it proceedings relating to bankruptcy, receivership, reorganization or assignment for the benefit of creditors.
All non-public, confidential or proprietary information of RT Facts, including but not limited to specifications, samples, patterns, designs, drawings, documents, data, business operations, customer lists, pricing and price lists, catalogs, samples, discounts, disclosed by RT Facts to Buyer, whether disclosed orally or disclosed or accessed in written, electronic or other form or media, and whether or not marked, designated or otherwise identified as “confidential” in connection with this Agreement is confidential, solely for the use of performing this Agreement and may not be disclosed or copied unless authorized in advance by RT Facts in writing. Upon RT Facts's request, Buyer shall promptly return all documents and other materials received from RT Facts.