Citta Seating

Terms & Warranty

Pricing

All prices shown are effective as of January 1st, 2010 and do not include freight, installation, duties or sales and use tax. Prices are per unit unless otherwise noted. All pricing is subject to change without prior notice and at the sole discretion of Citta Seating. All prices are FOB our headquarters in San Diego, California.

Quotations

All quotations by Citta Seating, or representatives, are valid for 60 days, unless extended in writing. Freight quote is subject to change.

Minimum Order

Orders with a combined Net price under $1,000 will be subject to a Special Handling Charge of $125 Net.

Terms and Conditions of Sale

All orders require a 50% deposit and the balance due 1 week prior to receipt of goods. Orders will not be placed in production until the deposits are received, nor will they be shipped prior to receipt of balance due. A charge of 1.5% per month or 18% annually will be added to any unpaid balance if payment is not made according to the terms of sale. In the event that a collection agency, attorney or court must be used to collect, the Customer agrees to pay all fees and costs.

Where these terms and conditions conflict with the terms and conditions of the Customer's contract, the terms and conditions herein shall prevail. Terms and conditions not particularly mentioned herein are excluded from the customer's contract and are specifically disclaimed by Citta.

Sales Tax

Sales tax will be charged on all orders shipping inside California, unless we receive a proper exemption certificate.

Cancellations/Changes

Orders cannot be cancelled or changed without approval from Citta Seating. All requests for changes and cancellations must be submitted in writing. Customer is responsible for all costs incurred prior to Citta receiving cancellation or change; including laminate, upholstery, or any other materials supplied including labor associated with making the cancellation or change.

Production Samples

Citta Seating will provide a Production Sample on most orders of 300 chairs or more, which is substantially representative of the products the Customer will receive. Additional production samples will be provided at the written request of, and at the expense of, the Customer. Customer will have forty-eight (48) hours after receipt of Production Sample to authorize shipment of its order. If Customer delays authorization, the quoted delivery dates will be extended by at least the additional time Customer took to authorize the production sample. In the event that Customer does not authorize the Production Sample for cause, a second Production Sample will be provided with the changes requested by Customer. If the second Production Sample reasonably approximates the specifications of Customer's purchase order, Customer cannot withhold authorization on the second Production Sample. If Customer has not authorized shipment after the second Production Sample and the second Production Sample reasonably approximates the specifications of Customer's purchase order, Citta Seating will finalize production of the order and hold at its warehouse; storage charges will begin to accrue seven (7) days after Citta Seating has received the products at its warehouse.

If the second Production Sample does not reasonably approximate the specifications of Customer's purchase order, Citta Seating will continue to provide Production Samples until a Production Sample is provided that does reasonably approximate the specifications of Customer's purchase order. At that time, production will be finalized and shipped to Citta Seating's warehouse. There will be no penalty to Citta Seating for delays due to multiple Production Samples.

Applicable Law

Any agreement to purchase Citta Seating products will be governed and controlled in all respects by the laws of the State of California, including interpretation, enforceability, validity, and construction, without regard to any conflict of law provisions. Under no circumstances will any agreement to purchase Citta products, whether it involves a United States or foreign purchaser, be governed and controlled by any non-California laws and/or conventions. The parties submit to the jurisdiction and venue of the Circuit court for the county of San Diego, California with respect to any action arising, directly or indirectly, out of any agreement regarding the sale and purchase of Citta products or the performance or breach of that agreement.

Agent's Authority

The Buyer understands and agrees that no agent or representative of Citta Seating has authority to bind Citta Seating to any affirmation, agreement, representation or warranty concerning the goods purchased from Citta Seating. The Buyer further understands and agrees that such affirmation of fact, promise, or representation made by any agent or representative of Citta Seating shall not constitute a warranty or agreement unless specifically approved in writing by an authorized officer of the company. Accepted orders will be acknowledged and customer is responsible for immediately reviewing the acknowledgement and notifying a sales representative of Citta Sealing, or the Customer Service department of Citta Seating at: (619) 684-3899 with any discrepancies.

Shipping of Goods and Damage Claims

Shipping will be made via Citta preferred carrier(s) unless customer carrier preference is indicated on purchase order. If carrier indicated does not serve Citta point of shipment, we will make delivery by most practical way. Truckload shipments are available via private carriers or rail system at less than commercial carrier rates. Contact Citta Seating for quotation. Normal delivery is from dock to dock. Special requests, including but not limited to inside delivery and lift gate, are subject to additional charges. Citta Seating assumes no responsibility for rate or delivery times established by carrier, and assumes no responsibility for warehousing and/or demurrage when the Customer is unable or unwilling to accept shipment at the delivery point.

Citta Seating is not responsible for damage in transit, or delays in transit. Variances in order quantities or specifications must be communicated to Citta within 10 days of receipt of order. Any shortage, or sign of damage, should be noted on the freight bill before accepting delivery. If damage is discovered after delivery, purchaser should notify the carrier at once to request inspection and claim instructions. Concealed damage claims must be filed within 10 days of receipt of shipment.

Refusal to accept goods from carrier does not relieve purchaser of responsibility for payment and filing claims in the prescribed manner. All goods become the property of the purchaser upon delivery to the carrier.

International Orders

All international orders are quoted F.O.B. corporate headquarters in San Diego, CA. All freight, duties, value added taxes, broker fees, port charges and insurance are additional costs and will be the responsibility of customer unless specific arrangements are made in writing for any additional services by Citta Seating.

Delay

Citta Seating shall not be liable for delays in performance caused by any reason beyond their reasonable control, and the time for Citta Seating's performance shall be extended by the period of such delay. Citta Seating reserves the right to apportion its production among its customers as it may determine and any quoted delivery dates are estimated and are subject to change by Citta Seating. If fabric is required for any order, then the quoted delivery will be subject to fabric availability. If Customer provides fabric per a COM purchase order, the quoted production period will not commence until the total fabric for the purchase order is received by Citta Seating at its warehouse in San Diego, California.

When it applies, Citta Seating shall notify Customer in writing of the date they are to receive a production sample. Customer has forty-eight (48) hours after receipt of production sample to authorize the container. If Customer delays authorization, the quoted delivery dates will be extended at a minimum by the additional time Customer took to authorize the production sample.

Citta Seating will make every effort to make on-time deliveries; however, we are not responsible for loss of revenue due to late delivery.

Match-Up Orders

If any order is to match a previous order, it must be clearly stated. Please supply original invoice number and date. Note: Citta Seating cannot be responsible for materials discontinued by our suppliers. Also, due to improvements in manufacturing technology, it may be impractical to duplicate some discontinued designs.

Returns

DO NOT return merchandise without Return Authorization from Citta Seating. Return Authorizations are numbered, specify method of transportation, and include all shipping documents and labels. All Citta products are manufactured to order through a "made to order" manufacturing system. This means items cannot be returned to stock. A standard handling/salvage charge of 50% of invoice will apply on all returned merchandise. A minimum handling/salvage charge of 25% of invoice will apply if 100% of returned merchandise can be applied to other orders in process at time of return. Intellectual Property

Citta Seating's photography, graphics, text and product designs are defined as Intellectual Property. This Intellectual Property may not be copied; reproduced; modified; published; displayed; uploaded; posted; reposted; distributed; transmitted; used to create a derivative work, or otherwise used for public or commercial purposes without Citta Seating's prior written permission. This Intellectual Property is owned by Citta Seating, except as otherwise expressly stated herein, users are not granted any license to use, or right in, any such Intellectual Property. Nothing in Citta Seating's literature, pricelist or website shall be deemed to grant any license or right in, or to any patent, copyright, trademark, trade secret or other proprietary right of Citta Seating.

Custom Samples

All Citta custom sample designs are copyrighted to Citta Seating. All rights reserved.

Maintenance

To insure durability and longevity of the product, it is important to clean and care for the merchandise. It is also vitally important for the end user to:
  • Check all stress points and connections, including welds, bolts, screws, rivets, brackets, etc., every 30 days.
  • Check all points of attachment and tighten as needed (i.e., swivels, cushion-to-base, seat or back to frame etc.)
  • It is recommended after cleaning upholstery fabrics treated with a topical stain guard (Scotch guard, Teflon, etc.) to reapply these topical stain guards after each cleaning to maintain "cleanability".
Cleaning and inspecting the product is part of standard maintenance and upkeep, and should be done at regular intervals. If a defect is found, take the item out of service immediately and contact a Customer Service Coordinator at Citta Seating. Note: Warranty may be voided if proper maintenance procedures are not followed.

Limited Warranty

Citta Seating warrants products manufactured by this company against defective material or workmanship for one year from date of purchase. Warranty does not apply to any product which has been altered or subjected to misuse, negligence or accident. Citta Seating's obligation under this warranty is limited to credit for, or replacement of, the defective item. Citta Seating will not assume labor charges for unauthorized field repairs. In no case shall liability under this warranty exceed the original purchase price of the defective item.

To make a claim under this warranty, contact Citta Seating for written Return Authorization. DO NOT return merchandise without written authorization.

Contact the Citta Customer Service Department for Return Authorization. RA's are numbered and specify method of transportation and any applicable freight costs. After inspection of returned item, if it is established by Citta Seating to be defective under terms of the warranty, we will repair or replace the item(s), or issue appropriate credit.

Upholstery: All upholstery fabrics are subject only to the warranty offered by the respective upholstery mills, and are not covered by the standard Citta limited warranty. Cuts or tears detected after signing for receipt of upholstered products are not covered.

COM: Citta does not warrant quality, wearability, or workability of materials supplied by the customer (COM).

Product Changes: Citta Seating reserves the right to make changes at any time without notice, to prices, models, materials, colors and specifications.

Structural Warranties

1-YEAR FRAME WARRANTY. All metal frames are warranted against frame failure due to broken/fatigued welds for 1 year from date of invoice. SPECIAL 12-YEAR FRAME WARRANTY. All products that have a stipulated twelve (12) year warranty; have a twelve (12) year structural warranty against workmanship defect, specifically referring to broken/fatigued welds caused during normal use. Normal use is defined as the normal use for which the item was designed. For Citta Seating, normal use does not include standing on or climbing over the chair, nor outdoor use.

Banquet Chair Handling: Citta Seating will not be responsible for damage to seating products caused by use of hand trucks or dollies obtained from other manufacturers. When ordering material handling equipment from Citta Seating, the chair model that is being moved must be specified. Damages caused by use of improper equipment or equipment from others are not covered by warranties.

Banquet Chair Spacing and Ganging

Property owners and managers are instructed to provide adequate spacing around chairs to prevent tripping, and to allow access to exits in the event of an emergency. Purchasers must determine whether local fire codes require ganging of chairs when used in rows (theatre settings). Ganging devices are available at an optional upcharge on all Citta Seating banquet chairs. Citta Seating assumes no responsibility for failure to properly arrange chairs in a safe manner.

Fire Barrier

Citta Seating products are manufactured with foam meeting the requirements of California Technical Bulletin 117. The Customer is responsible for specifying a fire retardant fabric or barrier to meet the Customer's applicable fire code requirements. Citta Seating can provide products with foam and fabric that meet California Technical Bulletin #133 (CA TB-133) for an additional charge. Requests for CA TB-133 must be specifically stated in writing on Customer's purchase order.

Product Specifications

All seating dimensions shown in sales literature are approximate. Actual size may vary.