STATEMENT OF SALES POLICY
This Statement of Sales Policies is to ensure fair and equitable treatment of all authorized A-America dealers. The policies and procedures outlined here have been followed by our company for many years, and these practices have proven to be in our mutual best interests. The common understanding this Statement of Sales Policies provides to A-America dealers and to A-America personnel will facilitate resolving problems which may, from time to time, arise in ordering, shipping and receiving merchandise. In all these matters, as with all of our products, our goal is to serve you in a manner to merit your confidence and build your goodwill.
A-America will not sell its products to any authorized retail or authorized internet furniture dealer who adopt distribution or sales methods that may be detrimental to A-America’s long-range interests or which are not in the best interests of A-America’s customers. We recognize that market conditions vary from geographic region to geographic region and recognize that our sales policies must be tailored to address these market differences. A-America, therefore, reserves the unconditional right to withdraw or restrict the distribution of any part of its line or products or to terminate altogether its relationship with any dealer, at any time, for any reason which A-America considers to be in its best interests. The distribution of A-America products is a unilateral decision by A-America.
CONDITIONS OF SALES
It is A-America’s policy not to sell its products to retail or internet dealers who sell A-America products from unauthorized locations or who transship to other dealers, unless set up as an authorized A-America distributor. All orders are expressly conditioned upon observance of this policy and A-America reserves the right to cancel all
outstanding orders which we believe are in contravention of this policy and/or to terminate at once its relationship with any dealers who violate this policy.
Each order is subject to all of A-America’s applicable sales and distribution policies, which are in effect at the time the order is received.
Buyer shall have responsibility to check any and all purchase orders for accuracy, including, but not limited to, quantities and finish selections.
If the Terms and Conditions of this Statement of Sales Policy differ in any way from the terms and conditions of Buyer’sorder, this acknowledgment shall be construed as a counteroffer and shall not be effective as an acceptance of such order unless Buyer assents to the Terms and Conditions contained herein, which shall constitute the entire agreement between the parties. Buyer’s assent to the Terms and Conditions contained herein shall be deemed given upon Buyer’s execution of this acknowledgment below or upon Buyer’s failure to object to these Terms and Conditions in writing within ten (10) days from the date of receipt of this acknowledgment. Buyer’s receipt of delivery of the Products without immediate return will further manifest Buyer’s assent to these Terms and Conditions.
No additions, modifications, limitations, waivers or discharge of the Agreement or any of its terms shall bind Seller unless in writing and signed by both parties including Seller’s authorized employee at its home office.
Container direct sales are subject to the same terms and conditions of sale, however, additional terms also apply. Please refer to A-America Direct Container Program Policy section or ask your Sales Representative for details.
It is A-America’s policy that authorized dealers limit their advertising to their local trading areas.
Dealers may not promote A-America products in newspapers, magazines or telephone books that are outside a dealer’s trading area. Many retail dealers may have websites on the internet; however it is not permissible to sell A-America products on or through their website, marketplaces (Amazon, Houzz, etc.) or any other website, without prior written consent from A-America’s Ecommerce Department.
ORDER CONFIRMATION
All orders are subject to acceptance and confirmation by A-America at its home office in Algona, Washington. All prices and product specifications are subject to change without notice. A-America, Inc. reserves the right to cancel any order and to correct any errors, inaccuracies, or omissions.
PRICING
The prices charged by A-America, Inc. shall be those prices in effect on the date of our receipt of a complete order from you. These merchandise prices do not include the cost of shipping the products to your designated “Ship To” address or any taxes on shipping, when applicable. All prices are quoted in United States Dollars.
Without limiting any other rights of A-America, A-America may unilaterally increase prices to cover increased costs (plus reasonable overhead and profit) of design, materials, and manufacturing, including without limitation to reflect increases of costs of raw materials, labor, transportation, shipping, packaging, labeling, custom duties, taxes, storage, insurance, and boxing and crating. In addition, and without limiting the foregoing or any other rights of A-America, A-America may unilaterally increase prices to cover increased costs (plus reasonable overhead and profit) of design, material and manufacturing to reflect increases required by changes required by Buyer after the date of any quotation.
A-America is willing to negotiate written changes to these terms and conditions, but reserves the right to make an adjustment in the price of goods effective 30 days after notice is given. All price lists are the property of A-America and are intended to be distributed only through A-America sales representatives. Possession does not constitute authority to purchase, and A-America reserves the right to recover any price list at any time.
TERMS OF PAYMENT
All amounts due are payable in full according to the terms stated on each invoice. Terms for payment begin from the invoice date.
For Direct Container Purchases, see A-America Direct Container Program Policy section.
These terms apply to all orders accepted by us and any additional or conflicting terms on a dealers purchase orders are expressly rejected. Consignment or conditional sales terms are not offered. Anticipation discounts are not offered. A late payment charge of 1.5% per month shall be added to accounts for invoices paid 15 days beyond terms.
PAYMENT TYPES
Payments made by ACH, Wire, Check, & Credit Cards are all acceptable terms of payment. A-America will impose a 2.75% surcharge on all Credit Card Transactions, which is not greater than our cost of acceptance. Debit Cards are not surcharged.
SHIPPING AND DELIVERY
Product can be shipped either to dealer’s warehouse or store. We do not accept orders that drop ship directly to the consumer or call for delivery outside of the dealer’s trading area. When routing is not specified, A-America will determine the best freight carrier to be used. Order minimum is $750 which only includes furniture purchased, not freight or taxes & is subject to change. Freight rates vary by location. For customer pickups, please allow 2 business days advance notice. Our Algona, WA warehouse is open Monday to Thursday. Our Lexington, NC warehouse is open Monday to Friday. Please contact your A-America Sales Representative or
Customer Care Representative for more details.
TAXES
Prices do not include taxes and Buyer shall pay all applicable sales or other taxes levied with respect to Goods (and replacements) (“Taxes”) and the Agreement, unless exempt there from. Should Buyer claim that it is exempt from any Taxes then Buyer shall furnish Seller with an exemption certificate which has been issued by an appropriate governmental authority. Buyer hereby agrees to indemnify and hold Seller harmless for any and all taxes that are the responsibility of Buyer and penalties or fines assessed against Seller or Buyer related thereto, whether or not due to Buyer’s claimed exemption from such imposition.
CANCELLATIONS AND CHANGES
An order can be changed or canceled only with the prior written consent of A-America within five (5) business days following receipt of order confirmation and only upon terms that shall indemnify A-America for all losses already incurred with Buyer’s cancellation. In some cases by prior or contractual agreement, orders are shipped within one or two business days. In all circumstances orders marked as shipped and/or in-transit cannot be cancelled or changed. For A-America, Inc. Direct Orders substantial cancellation/re-stocking charges are applicable and certain products are sold on a non-cancelable basis. See A-America Direct Container Program Policy section for further details.
DELAY/FORCE MAJEURE
A-America is not liable for delays or failure to ship due to fires, strikes, acts of God, the public enemy or other causes beyond our control.
PACKAGING
Any price quoted shall include Seller’s boxing and crating based on the manufacturing and quality specifications of Goods. Any request to deviate from the standard packaging methods chosen by Seller shall result in additional charges and fees for Buyer.
DAMAGE IN TRANSIT
Loss, damage, or delay in transit is the responsibility of the transportation company. Claims for such losses should be
promptly filed by the consignee with the delivering carrier. Freight claim filing information is available upon request for
Freight Prepaid or Freight Collect.
GENERAL LIMITED WARRANTY AND INSPECTION POLICY
Note: Warehouse Purchases only – this warranty does not apply to container direct purchases
A-America warrants its furniture to be free of defects in workmanship and materials, to the original purchaser, for One (1) Year from the Date of Dealer Invoice. This warranty only covers normal household use. This is a limited warranty and specifically excludes liability for consequential property or commercial damages. A-America is not liable for alleged or actual injury, death, or damage arising from negligence or misconduct by agents or employees of the dealer. Commercial or institutional use is not covered by warranty. The warranty does not cover damage resulting from exposure to extremes in temperature or humidity, neglect, accidental wear and tear, unauthorized repair, abuse or misuse of the product, damage incurred in the dealer’s warehouse or delivery process, nor does it cover upholstered fabrics. In each case, any warranty offered is not a warranty of performance, but a limited warranty as to the condition of Goods at the beginning of
the warranty period. The following are the responsibility of the dealer:
• Drawer and door hardware that is put on, aligned or adjusted; hardware includes hinges, knobs and pulls.
• Drawer guides and glides adjustments.
• Removing labels and hangs tags.
• Touching up or buffing minor scratches or scuff in the finish.
Because of the natural characteristics of solid wood furniture, minor or hairline season splits in chair seats, case tops and table tops are not covered under the Credit and Return Policy.
Should warranty service to a product become necessary, any claims from the purchaser must be made to the dealer from whom the goods were purchased. A-America’s obligation under this warranty is limited to the repair or replacement of the product or providing product of equivalent type and quality if a replacement is unavailable. Repair or replacement shall be authorized only when it is proven to the satisfaction of A-America that the product as manufactured and inspected proves defective under normal household use. Please do not dispose of or repair product
without an authorization; please do not make any deductions from your payment to A-America without a valid credit memo. Even if there are disputed, damaged or defective items on an invoice, payment cannot be withheld on the remainder of the invoice; any non-disputed items must be paid within normal credit terms. All warranty issues or
warranty claims must be reported within 45 days. A-America must approve all repairs beforehand that are more than 25% of the cost of the product.
**The A-America Warranty Request Form should be filled out in detail with attached digital photos so it is clear as to what the problem is. This is very important as A-America uses this information to continually work with their factories to improve quality
If you feel you have not received credit in a timely manner, please email or call your customer service representative at A-America.
contactus@a-america.com
Toll Free Number: 1-800-253-3011
Toll Free Fax: 1-800-929-7994
Customer Care Shipping Address
800 Milwaukee Ave N.
Algona, WA 98001
P. 800.253.3011
A-AMERICA DIRECT CONTAINER PROGRAM POLICY
A-America, Inc. offers well over 40 years of import and wholesale distribution experience. Our Direct Container Program is supported by a very select group of factories that have, over a period of time, maintained high quality standards and demonstrated the ability to ship in a timely manner. When you select the Direct Container Program, A-America is acting as your agent to arrange orders and shipments of the product. The product will be shipped to you directly by the factory. A-America WILL STAND BEHIND ANY MAJOR PROBLEMS. However, unless a large or unusual percentage of the shipment is defective, A-America will not approve a deduction for minor problems. Should you experience a major problem or if a large or unusual percentage of your shipment is defective, an inspection by an authorized representative from AAmerica will be required prior to replacements being ordered or credits being issued (See Attachment A “Direct Container/Defective Product Policy”).
PURCHASE ORDERS
Only full container orders will be accepted and they must comply with factory minimum ordering requirements.
• All purchase orders, should be placed 90-120 days prior to desired ship date; depending on current lead time which can either be faster or slower. Please allow 3-5 weeks for transit time & contact A-America for current lead times
• The manufacturer needs to accept the purchase orders in order for A-America to confirm the FOB port price and approximate ship date.
• Prices are quoted FOB port of discharge unless otherwise arranged.
If customers wish to use their Freight Forwarder to move their goods, they will be Importer of Record. In rare instances where customers require A-America to be Importer of Record and use their Freight Forwarder, A-America will need coordination between the Customer’s Freight Forwarder and A-America’s Customs Broker to provide accurate data for AAmerica to file the ISF10+2. A-America’s Customs Broker will be responsible to clear Customs. A-America will only use our Customs Broker.
Unless you arrange your own ocean freight and Customs clearing, we will arrange the most economical routing. You are responsible for all freight charges, including any excess freight charges, which could include peak season charges, unexpected general rate increases and fuel, or “bunker”, charges, except when written shipping instructions are disregarded.
All products must be inspected for discrepancies and/or shortages. Very minor quality issues are not covered within this program. If there is a major quality issue, we will expect a positive factory response to any problem, but it must be reported to us within 10 DAYS of container receipt.
CANCELLATIONS OR CHANGES
Cancellations or modifications of purchase order must be in writing and received by A-America no less than 60 days in advance of the scheduled ship date or factory cutting schedule notification whichever comes first and must be confirmed by the factory. Any cancellations within 60 days will incur a 25% cancellation charge if production has already begun and is too late for the factory to cancel.
TERMS OF PAYMENT
All amounts due are payable in full according to the terms stated on each invoice. Terms apply to all orders accepted by A-America. Anticipation discounts are not offered. Consignment or conditional sales terms are not offered. A late payment charge of 1.5% per month shall be added to accounts for invoices paid 15 days beyond terms. Any additional
or conflicting terms on a dealers purchase orders and/or Dealer Vendor Buying Agreements are expressly rejected. Payments made by ACH, Wire, Check, & Credit Cards are all acceptable terms of payment. A-America will impose a 2.75% surcharge on all Credit Card Transactions, which is not greater than our cost of acceptance. Debit Cards are not surcharged.
Attachment A
A-America Direct Containers are priced extremely competitive. There are no defect allowances built into or loaded into the pricing. A-America wants to offer the best price possible to you. Quality issues are handled as follows: Because of the natural characteristics of solid wood furniture, minor or hairline season splits in chair seats, case tops and table tops are not covered. We do not allow deductions for “Deluxing of the Product”. This is defined as but not limited to scratches and dents, and minor repairs. The following and is the responsibility of the dealer:
• Drawer and door hardware that is put on, aligned or adjusted; hardware includes hinges, knobs and pulls.
• Drawer guides and glides adjustments.
• Removing labels and hangs tags.
• Touching up or buffing minor scratches or scuff in the finish.
1. A-America WILL STAND BEHIND ANY MAJOR PROBLEMS. However, unless a large or unusual percentage of the shipment is defective, A-America will not approve a deduction. If there is a problem with a shipment, an inspection by an authorized representative from A-America is required prior to replacements being ordered or credits being issued. A-America reserves the right to have any product claimed as damaged or defective shipped to the Algona, WA warehouse for inspection.
2. A-America will supply approved replacement parts at no charge on the next container. In the event the customer does not have a container on order, A-America will place an order with the factory to ship as soon as reasonably possible. A-America is not responsible for the repair labor cost.
3. Although A-America’s shipping history has been excellent, shipments from Asia are always subject to issues of weather, entry port congestion and other factors beyond our control. Therefore it is very important that our customers program their orders, to account for possible delays.