TERMS & CONDITIONS OF SALES

I. Preamble

1. Our Terms and Conditions of Sales, hereafter the Agreement, shall apply exclusively to all contracts concluded between Blu Knight Décor Ltd, hereafter the Seller, and our client, hereafter the Buyer.
2. This Agreement sets forth the entire representation between the Seller and the Buyer.
3. Any and all prior agreements, warranties or representation made by either party are superseded by this Agreement. This Agreement cannot be modified, except by a further written notice signed by both the Buyer and the Seller. None of the terms set forth, if any, in the Buyer’s purchase order – forms a part of this Agreement.

 

II. ORDER, PRICES AND PAYMENTS

4. All prices of the products sold through our website, www.BluKnightDecor.com are stated in Euros. VAT, import taxes relevant to your country of shipping and delivery fees are not included in the stated price.
5. All orders and purchasing of Blu Knight Decor Ltd products through the www.BluKnightDecor.com website are made online and/or via e-mail at info@bluknightdecor.com
6. Prices may be subjects to change without notice until the final order is accepted by the Buyer.
7. Unless specifically stated to the contrary, all deliveries, packing, crating, shipping, in-transit insurance, local delivery, un-crating and installation charges, cutting of doors, as well as sales or other taxes are in addition to the stated purchase price.
8. No installation services are included in any order unless specifically noted.
9. All custom orders are subject to mill overages.
10. Any and all Blu Knight Décor Ltd products and merchandise remains property of the Seller until final payment of the invoiced price.
11. The Buyer will be liable for all reasonable costs, expenses and fees, including attorney’s fees, incurred by Blu Knight Décor in collecting monies due here-under.
12. All monies paid on account of this order shall be credited from the account of the named Buyer. Blu Knight Décor acceptance of payment from anyone other than the Buyer shall be as an accommodation only and shall not create a vendor-vendee relationship, expressed or implied, with anyone payee other than the Buyer.

III. CANCELLATION

13. ALL ORDERS ARE CONSIDERED FIRM. SHOULD BLU KNIGHT DÉCOR LTD HONG KONG ACCEPT CANCELLATION OF AN ORDER (WHICH ACCEPTANCE MAY BE WITHHELD BY BLU KNIGHT DÉCOR LTD FOR ANY REASON), BLU KNIGHT DÉCOR LTD SHALL HAVE THE RIGHT TO RETAIN IN FULL THE DEPOSIT PAID BY THE BUYER FOR SUCH ORDER, BLU KNIGHT DÉCOR LTD WILL NOT ENTERTAIN ANY REQUEST TO ACCEPT CANCELLATION OF ANY CUSTOM OR SPECIAL ORDER.

IV. MERCHANDISE CONFORMITY

14. Merchandise will substantially conform to the description hereof, except that such merchandise may vary slightly from description or sample. ALL OTHER WARRANTIES, EITHER EXPRESSED OR IMPLIED, ARE EXPRESSLY EXCLUDED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILTY, FITNESS FOR A PARTICULAR PURPOSE OR ANY IMPLIED WARRANTIES TO ARISE FROM TRADE USAGE, CUSTOM OR COURSE OF DEALING.
15. Shading and/or watermarking are natural characteristics of carpet and natural wallcoverings and are not considered to be defects.
16. Our carpets may have high or low rises. These are inherent characteristics of a woven carpet and are not defects.
17. All carpet will be seamed as necessary, unless otherwise instructed in writing by the Buyer.

V. DELIVERY

18. Quoted delivery dates are approximate dates only. Blu Knight Décor shall not be responsible for any delay in delivery or failure in performance for any cause beyond Blu Knight Décor’s control (including, but not limited to, labor disputes, failure or delay in sources to supply, transportation difficulties, accidents, fires or acts of God) or any event which interferes with Blu Knight Décor Ltd’s normal business operations.
19. Blu Knight Décor Ltd is not responsible and the Buyer is not relieved of its obligations where on-site conditions or limitations prevent delivery. In all cases, it is the responsibility of Buyer to determine that the size of the completed items can be accepted by elevators, stairwell, entry, doors, and other points of entry. Blu Knight Décor Ltd has the absolute right to rely upon the accuracy of all information, plans, drawings, specifications and measurements provided by the Buyer. Blu Knight Décor Ltd has no obligation to, nor will it seek to verify the accuracy of any such information.
20. Upon delivery, it is the responsibility of the Buyer to carefully inspect the merchandise before signing receiving document from the carrier. Freight damage must be reported to the carrier within twenty-four (24) hours of receipt of merchandise. Damaged carpets must be signed for accordingly. All wrappings must be retained until inspection by carrier or claim in voided and Blu Knight Décor holds no further responsibility.
21. Any carpet not accepted for delivery within thirty (30) days after notification is subject to storage charges as determined by Blu Knight Décor Ltd.

VI. WAIVER

22. Any oral statements about any Blu Knight Décor Ltd merchandise made by any Blu Knight Décor Ltd employees or agents do not constitute warranties, shall not become a part of this Agreement and shall not be relied upon by the buyer. In no event, shall Blu Knight be responsible for the correctness of, or be deemed to have made, any representation or warranty of description, size, medium, genuineness, attribution, provenance, authenticity, age or condition concerning the merchandise.

VII. CLAIMS & RETURNS

23. ALL RETURNS MUST BE AUTHORIZED BY BLU KNIGHT DÉCOR LTD AND MUST COMPLY WITH BLU KNIGHT DÉCOR LTD’S “ORDER, RETURNS & EXCHANGE POLICY”.
24. CARPETS WITH OBVIOUS DEFECTS SUCH AS DYE LOT VARIATIONS, IMPROPER COLOR, SHORTAGES, ERRORS AND VISIBLE DAMAGES WILL NOT BE ACCEPTED FOR RETURN ONCE CUT OR INSTALLED BY OTHERS. ALL CLAIMS MUST BE REPORTED WITHIN SEVENTY-TWO (72) HOURS OF RECEIPT OF MERCHANDISE.

VIII. LIMITATION OF LIABILITY

25. In no event shall Blu Knight Décor be liable for any consequential or incidental damages. In no event, shall Blu Knight Décor liability, for any reason, exceed the amount actually paid by the Buyer to the Seller for the merchandise.

IX. INTELLECTUAL PROPERTY

26. Any and all Blu Knight Décor Ltd products are and remain exclusive and sole intellectual property of Blu Knight Décor Ltd, except for custom-made products manufactured according to designs provided by the Buyer. This terms and conditions of sales does not transfer nor concede any intellectual property rights. Any reproduction, in part of or in full, of any Blu Knight Décor Ltd products is strictly forbidden.
27. Where any specific design or construction is produced, and supplied to the Buyers specifications, the Buyer agrees to indemnify Blu Knight Décor against all actions, proceedings, cost, claims, damages, expenses and demands, whatsoever, arising or resulting of copyrights, trademarks, design patents and intellectual property rights infringement.

X. FORCE MAJEURE

28. The Seller shall not be liable for any delay or failure to perform any of its obligations if the delay or failure results from events or circumstances outside the reasonable control of Blu Knight Décor Ltd, including but not limited to acts of God, strikes, lock outs, accidents, war, fire, breakdown of plant or machinery or shortage or unavailability of raw materials from a natural source of supply, the Seller shall be entitled to a reasonable extension of its obligations. If the delay persists for such time as the Seller considers unreasonable, it may, without liability on its part, terminate the Agreement.

XI. SEVERABILITY

29. If any provision of this Agreement is declared invalid by any tribunal, the remaining provisions of this Agreement shall not be affected thereby.

XII. GOVERNING LAW & JURISDICTION

30. This agreement shall be interpreted in accordance with the laws of the Special Autonomous Region (SAR) of Hong Kong, China. Any action or proceeding involving any dispute or matter arising under the Agreement may only by brought in any Hong Kong Court located in Hong Kong having jurisdiction over the subject matter or the dispute matter. Blu Knight Décor Ltd hereby consents to the exercise or personal jurisdiction by any such courts with respect to any such action or proceeding. Blu Knight Décor Ltd waives any claim that any action or proceeding brought in any such court has been brought in an inconvenient forum.
31. Any action for Blu Knight Décor’s breach of this Agreement must be commenced by the Buyer within three (3) months after the cause of action has occurred.