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Terms And Conditions

Terms and Conditions of Sale for Products Purchased Through Website

These Terms of Sale apply to the purchase and sale of products through this website. These Terms of Sale form part of and are incorporated by reference to the Terms of Use for this website.

Order Acceptance and Cancellation

Nuevo’s Account Registration Forms must be signed by an authorized signing authority for an account to be opened and prior to Nuevo’s confirmation of any orders.

You agree that your order is an offer to buy, under these Terms of Sale, all products listed in your order. All orders must be accepted by us or we will not be obligated to sell the products to you. We may choose not to accept orders at our sole discretion, even after we send you a confirmation email with your order number and details of the items you have ordered.

All prices, discounts, and promotions posted on this website are subject to change without notice. The price charged for a product will be the price advertised on this website and confirmed on your order confirmation (price tiers can change price after official registration) at the time the order is placed, subject to the terms of any promotions or discounts that may be applicable. Price increases will only apply to orders placed after the time of the increase.

Posted prices do not include taxes or charges for shipping and handling. All such taxes and charges will be added to your total price. Taxes will be itemized in your shopping cart and in your order confirmation email. Shipping and Handling will be determined based upon level of service at time of shipment. We strive to display accurate price information, however, we may, on occasion, make inadvertent typographical errors, inaccuracies or omissions related to pricing and availability. We reserve the right to correct any errors, inaccuracies, or omissions at any time and to cancel any orders arising from such occurrences.

Terms of payment are within our sole discretion and payment must be received by us before our acceptance of an order, unless credit terms are approved.

All orders are shipped FOB Nuevo Distribution Centre in Lexington, NC
Orders will not be processed without a completed Nuevo Account Registration signed by an authorized signing authority for the account
Nuevo reserves the right to review and approve all new account registration applications. An account is not open/active until approved.
All orders must be paid for with Visa or MasterCard at or/prior to time of shipment unless 30 day net terms have been approved. If you pay by Visa or MasterCard, you represent and warrant that (i) the credit card information you supply to us is true, correct and complete, (ii) you are duly authorized to use such credit card for the purchase, (iii) charges incurred by you will be honored by your credit card company, and (iv) you will pay charges incurred by you at the posted prices, including shipping and handling charges and all applicable taxes, if any, regardless of the amount quoted on this website at the time of your order.
Nuevo does not accept COD, prepaid checks, or debit cards.
Credit terms and limits are strictly applied. Nuevo reserves the right to withdraw credit terms at any time.
A 2% late fee per month is applied to all overdue accounts. A service charge of $25 will be applied on all NSF or returned checks.
Shipments will be held or cancelled on overdue accounts and merchandise will not be reserved.
All Nuevo accounts agree to abide by Nuevo’s MAP (Minimum Advertised Price) Policy
All prices are in US dollars. All prices are subject to change without notice..
Nuevo reserves the right to close an account at any time and/or terminate active orders at any time without cause.

Orders

All orders are subject to acceptance by Nuevo.
All cancellations or changes to orders must be received by email up to 72 hours prior to order ship date, or as approved by management.
Nuevo customers are not permitted to refuse shipments. Any issues due to handling must be clearly noted on the Bill of Lading when received.
All products should be inspected by the receiver for handling issues prior to delivering to the end consumer.
All marble and glass tops must be inspected upon receipt.
Clearance items are final sale.

Shipments

Shipments; Delivery; Title and Risk of Loss

We will arrange for shipment of the products to you. Please check the individual product page for specific delivery options. You will pay all shipping and handling charges unless otherwise specified in the order confirmation.

Title and risk of loss pass to you upon our transfer of the products to the carrier at our warehouse dock in Lexington, NC. Shipping and delivery dates are estimates only and cannot be guaranteed. We are not liable for any delays in shipments.

Drop Shipments

A handling charge of $15 is applied to all drop ship orders that are shipped small package.
A handling charge of $25 is applied to all drop ship orders that are shipped LTL.
All drop ship fees apply to 3rd party shipments, as well as collect pick-ups.
ForALL Drop Ship Orders; responsibility for all product and freight claims transfers to Nuevo’s customers and Nuevo will not be held liable or responsible if the ultimate drop ship recipient does not adhere to Nuevo’s returns and Claims policy.
Refused drop ship orders are the responsibility of the buyer and will be returned to buyer's store or warehouse.

Small Package Prepaid Shipments

Certain products are approved to ship via small package couriers.
Nuevo will not be responsible for any damages that may be incurred if an account authorizes small package shipping for products that are not small package certified.
No delivery appointments are made and no signatures are required for small package deliveries

Pallet Prepaid Shipments

Unless otherwise specified by the customer, LTL orders will ship 'Prepaid' with Nuevo's preferred carrier.
All truck shipments are sent with a packing slip and a bill of lading showing the number of cartons and pallets shipped.
A residential delivery fee of $65 will be applied to all residential deliveries (any location without a loading dock).
Any additional fees billed to Nuevo by the carrier will be invoiced on the customer's account.

Freight Collect

All orders shipped freight collect require a freight account number unless otherwise specified by the customer.
Nuevo is not responsible for any merchandise damaged in transit.

Claims

Nuevo requires all of the following information emailed to claim@nuevo-ca.com in order to process any claim
- Photos of Damaged or Defective Merchandise
- Photos of the Boxes
- Nuevo Invoice Number
- A signed copy of the Bill of Lading if the order was sent LTL. Any damage to the packaging/product due to handling must be noted on the Bill of Lading.
- A Brief Description of the Problem
Product and packaging are not to be discarded until directed by Nuevo
All required documentation must be received by Nuevo within twenty (20) days of receiving a shipment. For freight claims, all required documentation must be received by Nuevo within five (5) days
Nuevo is not responsible for any damages that may have occurred as a result from freight or handling when an order was picked up by a customer, or when an order was shipped 'Collect' or 'Third Party Collect'.
After five (5) days, Nuevo will not accept any freight claims, and Nuevo will only process claims under the manufacturer's warranty.
It is Nuevo's policy to send replacement parts where it is feasible.
Any replacement for marble parts and any glass pieces that cannot ship small package must be shipped as part of another order.
If parts cannot be replaced easily, Nuevo will send replacement unit(s).

Returns

No returns will be accepted without obtaining a Nuevo Return Merchandise Authorization Number (RMA#) issued by Nuevo. Call 1-800-894-2226 or email our After Sales Department at claim@nuevo-ca.com to obtain an RMA# before shipping your product.
All items must be returned without damage. All items must be returned in their original packaging.
All returns must have the Nuevo Return Merchandise Authorization Number (RMA#) clearly marked on all packages.
All returns must be shipped to: Nuevo c/o Deliveright, 176 LFI Complex Lane Lexington NC, 27295
A 20% restocking fee will apply to all returned merchandise in unopened cartons and in saleable condition.
Return freight for stock items must be prepaid by the customer and returned without damage in their original packaging. You bear the risk of loss during shipment. We, therefore, strongly recommend that you fully insure your return shipment against loss or damage and that you use a carrier that can provide you with proof of delivery for your protection.
Subject to your compliance with Nuevo’s return policy and procedures, Nuevo will accept returns due to buyer’s remorse up to a maximum of thirty (30) days from when the order was shipped from Nuevo’s warehouse.
Nuevo will not accept returns for any reason on items that have been discontinued or purchased on sale on or any products designated on this website as non-returnable.

Product Warranties

Furniture Warranty

All Nuevo products are warranted to be free of manufacturer defects in workmanship and materials for one (1) year from the date the product is invoiced by Nuevo.
The warranty covers manufacturing defects or deficiencies only. Nuevo's manufacturer’s warranty does not cover any damages related to or created by the mishandling or misuse of a product.
Any product to be used for purposes other than residential application must be specified by the buyer. Please see our Commercially Viable Policy
Any mishandling, tampering, misuse or abuse of a product or if the product is not used for the purpose for which it was manufactured will void the applicable warranty set out herein.
Nuevo will not reimburse customers for any charges incurred with respect to a product under warranty, unless the customer received approval from Nuevo, prior to incurring the charge.

Lighting Warranty

All Nuevo lighting parts are warranted for ninety (90) days from the date of receipt.
This warranty does not include any item that was the subject of a previous claim or damaged during installation/assembly.
This warranty does not include electrical components. Electrical components are covered by Nuevo's one-year manufacturer's warranty.
LED lighting is the exception to the Nuevo Warranty. LED lighting has a three (3) year warranty.
If an entire unit must be replaced, the original unit’s components are not covered by this warranty.
Customers must submit claims for complete units as a freight claim or under Nuevo's manufacturer’s warranty
Nuevo’s lighting is certified for indoor, dry environments only and is not commercially certified. Any use other than a residential application must be specified by the buyer.

Upholstery Warranty (HGSC only)

10 years on frame
2 years on cushions
2 years on fabrics

Product Warranty Disclaimers

EXCEPT FOR THE LIMITED WARRANTIES SET FORTH ABOVE, WE MAKE NO WARRANTY WHATSOEVER WITH RESPECT TO THE PRODUCTS PURCHASED THROUGH THE WEBSITE, INCLUDING ANY (i) WARRANTY OR CONDITION OF MERCHANTABILITY; (ii) WARRANTY OR CONDITION OF FITNESS FOR A PARTICULAR PURPOSE; (iii) WARRANTY OR CONDITION OF TITLE; OR (iv) WARRANTY AGAINST INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY; WHETHER EXPRESS OR IMPLIED BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE, OR OTHERWISE.

WE MAKE NO WARRANTY WHATSOEVER WITH RESPECT TO ANY THIRD PARTY PRODUCTS PURCHASED THROUGH THE WEBSITE, INCLUDING ANY (i) WARRANTY OR CONDITION OF MERCHANTABILITY; (ii) WARRANTY OR CONDITION OF FITNESS FOR A PARTICULAR PURPOSE; (iii) WARRANTY OR CONDITION OF TITLE; OR (iv) WARRANTY AGAINST INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY; WHETHER EXPRESS OR IMPLIED BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE, OR OTHERWISE.

Nuevo shall not be liable for a breach of the warranties set forth in above unless: (i) you give written notice of the defective products, reasonably described, to us within 20 days of the time when you discover or ought to have discovered the defect; (ii) if applicable, we are given a reasonable opportunity after receiving the notice of breach of the warranty to examine such products, and you (if we so request) return such products to our place of business at your cost for the examination to take place there; and (iii) we reasonably verify your claim that the products are defective.

We shall not be liable for a breach of the warranty set forth above if: (i) you make any further use of such products after you give such notice; (ii) the defect arises because you failed to follow our oral or written instructions as to the storage, installation, commissioning, use or maintenance of the products; or (iii) you alter or repair such products without our prior written consent.

Subject to your compliance with the foregoing two paragraphs, with respect to any such products during the applicable warranty period, we shall, in our sole discretion, either: (i) repair or replace such products (or the defective part) or (ii) credit or refund the amounts paid by you for such products provided that, if we so request, you shall, at your expense, return such products to us.

THE REMEDIES SET FORTH ABOVE SHALL BE THE YOUR SOLE AND EXCLUSIVE REMEDY AND OUR ENTIRE LIABILITY FOR ANY BREACH OF THE LIMITED PRODUCT WARRANTIES SET FORTH ABOVE.

MAP—Minimum Advertised Price Policy

Nuevo’s Minimum Advertised Price (MAP) Policy is provided by an item specific price listing. The MAP price listing can be requested as a PDF file from your Sales Representative. MAP Prices and Policies are subject to change.

Nuevo’s MAP Policy is designed to provide a clear and effective method for all Nuevo Customers and Partners to succeed. The MAP Policy is also designed to protect Nuevo’s intellectual property, Nuevo’s brand, Nuevo’s Customers’ competitiveness and adheres to industry norms.

This policy only applies to ‘advertised’ price and not to the setting of prices. As such, it does not apply to point of sale pricing and in-store marked pricing.

MAP Policy:

Nuevo’s Customers cannot advertise a sale price below the listed MAP price.
MAP Pricing cannot be used in conjunction with or combined with any other incentive or promotion, except freight and handling promotions and the limited exclusions, as detailed in Point #4 — Exclusions.
Nuevo’s Customers must disclose all websites operated, affiliated or associated with their account. Any 3rd party association must also adhere to Nuevo’s MAP Policy. Any Customer dealing with 3rd Parties who do not adhere to MAP will be treated as directly violating MAP. Nuevo reserves the right to close accounts who are selling through non-compliant 3rd parties
Exclusions. The only exclusions from the Nuevo MAP Policy are:
- Sale Items as listed on Nuevo’s web site (www.nuevoliving.com).
- Nuevo MAP exclusion list: A limited list of regularly priced items are excluded from MAP Policy pricing due to confusion of like and similar product within the Modern Contemporary Furniture market. MAP exclusions are subject to change, for an up-to-date listing please inquire with your Sales Representative
Companies found in violation of MAP Policy will:.

First Offense: The offending Nuevo Customer will receive written notice of violation and will be provided 48 hours to correct all violations.

Second Offense: The offending Nuevo Customer will have their account(s) put on hold and will be provided 48 hours to correct all violations.

Third/Additional Offense: The offending Nuevo Customer will have their account put on hold and all orders canceled. The offending Customer Account may be closed after an internal review. The offending Nuevo Customer must adhere to all required terms and conditions when an account is closed, including but not limited to; the return of all Intellectual Property, cessation of use of any Intellectual Property and the termination of access to Nuevo’s on-line services.

Commercially Viable

Many products sold by Nuevo are Commercially Viable.

Commercially Viable means the products are designed and constructed of materials suitable for commercial application.

Terms and Conditions:

Products are as specified in the Product Specification Sheet.
Nuevo tests a limited number of products to BIFMA standards.
Nuevo does NOT test all products specified as Commercially Viable to BIFMA standards.
It is the sole obligation/responsibility of the purchaser/specifier to ensure that a product specified as Commercially Viable is suitable for its intended use and is properly installed. Nuevo is not liable for any damages that results from the improper installation or use of products specified as Commercially Viable.
Additional/product specific testing, to ensure that a product is tested for its intended use is available upon request – terms and conditions to be determined on a case by case basis.
Except as specifically set out herein, no other terms and conditions apply.
Nuevo makes no representations or warranties in respect of any product, except as specified herein..
All Nuevo products are warranted to be free of manufacturer defects in workmanship and materials for one (1) year from the date the product is invoiced by Nuevo.
Nuevo is not liable in any way for normal wear and tear of a product, or for any damages sustained to a product due to any mishandling, tampering, misuse or abuse of such product.
Any mishandling, tampering, misuse or abuse of a product or if the product is not used for the purpose for which it was manufactured will void the applicable warranty set out herein.
Any unauthorized modification, alteration or repair of a product will void the applicable warranty set out herein..
Nuevo is not liable for any indirect, special, consequential or incidental damages.
Nuevo’s liability under this warranty is limited to the cost paid for the product purchased, subject to the terms of this Commercially Viable policy..
Nuevo will not reimburse customers for any charges incurred with respect to a product under warranty, including but not limited to shipping the product back to Nuevo, unless the customer receives written approval from Nuevo prior to the customer incurring such charge.
This warranty is available only to the purchasing company and is not transferable without the express written approval of Nuevo, in its sole discretion.