Terms & Conditions

Artisan variations
The artisan technique used in our mouth-blown glass and hand-made ceramics collection creates unique pieces, some of which may feature characteristics of hand-crafted manufacturing (i.e. variations). Every effort is made to ensure colour matches, however, Established & Sons cannot guarantee an exact colour match for any product finishes, wood or fabric variances. Fabric and colour swatches are for reference only. Whilst every effort is made to ensure accurate representation of product colours, finishes and dimensions, Established & Sons reserve the right to alter these details without notice in compliance with its own production needs or technological changes.

Suitable use
Products are not suitable for outdoor use unless specifically stated. Certain products or fabrics are not recommended for use in public spaces or other high-intensity environments. Durability and mechanical strength of materials, joints and fixings may be compromised at client’s own risk if the product is placed within an unsuitable environment or misused.

Pricing
This price list is valid from the 15th of May 2018 and supersedes all previous pricing. All prices shown are recommended public prices in US Dollars $ exclusive of any sales or local taxes and before any discounts granted by Established & Sons to its trade partners. Quotations are valid for a period of 30 days unless otherwise stated. Established & Sons supplies its product on Delivery Duty Unpaid (DDU) terms, i.e. import duties and clearance fees are to be borne by the customer.

Production Lead Times
Established & Sons best-selling products are held in stock and are available on ‘Quick Ship’, i.e. typically ready to ship within 5 working days. Please refer to the current stock list for up-to-date availability. To receive regular emails with stock availability update, please ask your account manager to add you to the mailing list. Lead Times for products that are Made-to-Order (MTO) vary from product to product. Indicative lead times are included in the price list. Quoted lead times are approximate and refer to the collection at our UK warehouse, i.e. exclude shipping times. The actual estimated lead time applicable to a specific MTO order will be stated in the order confirmation. Please note that for bespoke products & project orders longer lead times will apply and that lead times only begin upon receipt of a 50% deposit which is required for all MTO orders.

COM / COL Orders
Any custom orders (e.g. colour combinations or fabrics) are subject to Established & Sons approval and customers are asked to submit a minimum 10cmx10cm sample of COM/COL for approval to determine if the material is likely to be suitable for the respective product. Please note that Established & Sons approval is not a guarantee of suitability and Established & Sons is not responsible for the ultimate performance of COM/COL. Please send any samples to Established & Son’s office in London. Following approval and order confirmation, COM/COL for manufacture of the product must be shipped to the specified factory (addresses will be provided by the sales team as and when needed) free of charge and duties. Packing list and textile must include Established & Sons order number and product, country of origin and content.

Payment
Established & Sons standard terms require full payment prior to dispatch of products. Regular customers may apply for credit terms applicable to orders from the Quick Ship Program. Please note that all MTO and COM/ COL orders require payment of a 50% deposit prior to commencement of production and payment of the balance prior to dispatch or collection.

Standard Delivery
Established & Sons provide Kerb-Side Delivery free of charge by sea freight and road haulage to major metropolitan areas in the United States of America provided the Minimum Order Value (MOV) is met or exceeded. Established & Sons will deliver to agreed addresses which can be warehouse locations or kerb-side and is not responsible for off-loading or installation of the products. Customers are required to provide appropriate equipment and manual labour at the delivery point at their own expense. Standard Kerb-Side Delivery is free of charge for all orders with a value of more than $3000 Net after any trade discounts (MOV). A Bulk Surcharge of $450 Net applies to all orders containing at least one qualifying bulk item. For all other destinations and orders, ex- works terms apply, however, kerb-side delivery services can be quoted upon request. Unless otherwise stated the packaging is cardboard and orders may be grouped or palletized for shipment.

Courier Delivery
All products that are eligible for Courier Delivery are clearly identified in the price list. A surcharge of $150 will be applied to each Courier Delivery of regular product; Courier Deliveries for spare and replacement parts are charged at a reduced rate of $50. The maximum number of items that can be included in a single courier shipment varies product by product and can be found in the Transport Notes.

Shipping times
Typical shipping times are 6-8 weeks for Standard Delivery and 1-2 weeks for Courier Delivery from receipt of payment. Shipping times are in addition to any applicable Production Lead Times.

Importing of goods into the U.S.
Established & Sons shipping provider will facilitate the import of the goods ordered on behalf of the customer. Any applicable U.S. import duties and taxes, as well as carriers customs handling and clearance fees, are the responsibility of the customer. By placing an order with Established & Sons, customers agree to be identified as Importer of Record with the relevant U.S. authorities and accept responsibility for payment of any applicable import duties and taxes as well as carrier customs fees. Customers will be contacted by Established & Sons shipping provider prior to the start of the import procedure to obtain all relevant details that must be submitted to customs. Established & Sons or its shipping provider shall not be responsible for any delays or additional costs resulting from such information not being provided by the customer in a timely manner.

Ex-Works
Ex-works orders must be collected at our UK warehouse. A copy of the dispatch list (DL) / commercial invoice (CI) with packing dimensions and collection instructions will be communicated to customers once products are ready for collection.
IMPORTANT: Customers must book collection in advance with the Established & Sons warehouse quoting DL details provided and the freight forwarder must quote the DL number on collection, otherwise the warehouse will not release the goods. For VAT to be zero-rated proof of export documents must be received by Established & Sons within 90 days of collection date.

Returns and Damages
Any returns must be agreed in advance by Established & Sons failing which no refund or replacement will be accepted. Notification of damage to any products received must be notified to Established & Sons in writing within 5 days of delivery by providing Established & Sons with images of packaging and damages and a completed condition report form. Any potential claims associated with shipping damage must be notified to the carrier in writing by recording damage details on the accompanying shipment documentation confirmed by the carrier's signature. Any agreed returns will only be accepted if products are returned in original packaging and unused.

Cancellation of Orders
Cancellation of orders can only be accepted in writing and may incur a cancellation fee up to 60% of order value. Any deposits paid towards MTO or COM/COL orders will not be refunded and cancellations received by Established & Sons after dispatch of the products will not be accepted.

Warranty
Established & Sons offers a 24-month warranty covering attested defects of manufacture and provided the buyer has been compliant with the agreed terms of supply including payment.

Copyright
All the designs shown by Established & Sons are protected under copyright law. Established & Sons has the property rights to manufacture and sell these products and holds the exclusive manufacturing and distribution rights worldwide. Any infringements will be prosecuted.

Modifications
Established & Sons reserves the right to carry out modifications to its price list and terms of supply without prior notice and with immediate effect.

Applicable Law
The agreements regulated by these Terms & Conditions shall be governed by the laws of the United Kingdom and the customer agrees to submit to the exclusive jurisdiction of the UK courts.

Disclaimer
Following the customer's purchase order by fax, email or mail, only receipt of an Established & Sons confirmation of order or proforma invoice constitutes a contract to supply. Any discrepancies must be notified within 3 working days of the receipt of order confirmation. Any typographical, clerical or other accidental errors or omissions on documentation or information issued by Established & Sons shall be subject to correction without liability on the part of Established & Sons. Established & Sons reserves the right to cancel any order if the customer has breached one or more of these Terms & Conditions or has been subjected to any insolvency procedure or if any amounts owed by the customer to Established & Sons become overdue or if unforeseen events arise that materially impact Established & Sons ability to execute the order as agreed with the customer (e.g. unexpected fluctuations in raw material availability). All lead times provided by Established & Sons (including all lead times provided in this price list) are estimates only and whilst Established & Sons will do its utmost to meet delivery dates, it shall not be under any liability whatsoever for delay in estimated delivery times or failure to deliver for any cause, or from any loss or damages that arise. Established & Sons reserves the right to charge storage fees 14 days from the time a product has been ready for dispatch or collection or the confirmed dispatch or collection date on the order, whatever is later. In case different products are included in a single Courier Dispatch, the lowest maximum number of items permitted for any of the included items shall be applicable to the order. In case customers cannot inspect goods immediately at receipt, “received with reserve” must be recorded on all accompanying shipment documentation or Established & Sons must be notified in writing on the day of delivery. Customers must make reasonable efforts to inspect goods as soon as possible and Established & Sons may refuse any claims made more than 48 hours following receipt of shipment. Established & Sons will not be liable for any damages in the event that the customer has not complied with directions provided concerning the assembly of a product or for any damages arising from misuse or lack of maintenance and care of the delivered items. Established & Sons will not accept or pay for any invoice sent by third parties for repair of defective products. Established & Sons reserves the right to alter packaging dimensions or weights without prior notice. All goods delivered remain the property of Established & Sons until the customer has paid the price in full. Established & Sons may grant, cancel or change credit terms and limits at its sole discretion and may request full advance payment for specific orders at any time. For customers with an agreed and current credit limit, orders will be dispatched as soon as they are ready for shipment only as long as the customer’s account remains within the agreed credit limits and the customer does not have any overdue invoices with Established & Sons. In cases where invoices or requests for payment remain unpaid beyond their due date, Established & Sons reserves the right to release any stock reserved for the order and takes no responsibility for any resulting increase in lead times. In cases of late or non-payment Established & Sons may charge interest of 12% p.a. on any outstanding amounts. Established & Sons reserves the right to charge for any debt collection or legal fees arising during the recovery of the outstanding amount.