TERMS & CONDITIONS

Quotations 

All KH Hospitality official project quotations must accompany order to honor pricing. No agent or representative is authorized to change prices, terms or conditions of sales without the direct consent from KH Hospitality.  All quotations are based upon KH Hospitality’s interpretation of the specifications, drawings, sketches and concept images submitted by potential customer. Pricing is based upon initial quantity quoted.  Should quantities increase or decrease, KH Hospitality reserves the right to requote accordingly. All KH Hospitality quotations are valid for a period of 60 from submittal of quotation, unless extended in writing.  

Payment Terms 

Standard terms are 50% deposit with order, balance before shipping, unless otherwise note3d on the quote.  Request for open account terms can be requested by submitting bank references and three trade references with your initial order.  If credit terms are extended, prompt payments will be expected.  A 1.5% per month interest charge will be assessed on all past due accounts.  We reserve the right to cancel or change credit terms at our discretion and to request total payment at any time.   Accounts seriously in arrears will be subject to repossession of the supplied furniture.  If legal action is required to collect past due accounts, clients will be responsible for all related attorney fees and court costs.  

Taxes 

All taxes fees or duties which KH Hospitality may be required to pay or collect as result of the sale, purchase, use or delivery shall be charged to the purchaser who will reimburse KH Hospitality unless otherwise noted on quotation.  Sales Tax will be collected for all projects with a destination of California or New Jersey. 

Order Acknowledgements

Orders are subject to acceptance by KH Hospitality under the terms and conditions as presented herein and the published price list/quotation and acknowledgments.  These terms and conditions will prevail when in conflict with the terms and conditions of the purchaser’s purchase order contract. All orders will be acknowledged within 3 business days. Purchaser is responsible for validating all details and information in their acknowledgement to their purchase order, including style, quantity, fabrics, finishes, pricing and shipping are correct. All discrepancies are to be notified to the factory immediately.

Order Cancelation

A minimum of 25% will be applied to all purchase orders cancelled after (2) weeks from receipt of the purchase order.

Production Lead-Times

Production lead-times are based on KH Hospitality’s production schedule at the time the quote is issued. At the time the purchase order is received, KH Hospitality may adjust lead-times in accordance with current production capacity. KH Hospitality will make every effort to meet requested shipping and delivery dates. To accomplish this, we must receive specification sheets, color concept photos, approved shop drawings (or approved prototypes) and approved finishes on or before dates indicated in the order acknowledgement. All COM/COL’s are to be received within the quoted lead times. Orders are subject to delay of delivery due to strikes or other labor difficulties, failure or delay of sources of supply, transportation difficulties, riot, fire, accident, and compliance with government regulations, Acts of God, or other causes beyond our control.

Prototypes / Samples

Custom model room samples & prototypes will be billed at 2.5 times quantity production prices, unless otherwise noted on the quote. They must be paid for and cannot be returned for credit. All KH Hospitality custom sample designs are copyrighted by KH Hospitality, all rights reserved.

Model room & prototypes/samples can be manufactured in 4-6 weeks from receipt of the purchase order, deposit, approved CAD drawings and finish control sample.  If this lead-time needs to be shortened, please inquire.  Lead-time does not include transit time. For samples that will be produced in our overseas factories – air freight for samples will at the purchaser’s expense unless otherwise noted on the quotation. 

FOB Point

The FOB point for all domestic (U.S.) manufactured product is Oceanside, CA 92054.  All products manufactured in KH Hospitality’s Mexico factories will be FOB, San Diego or Otay Mesa.  For all products manufactured in KH Hospitality’s overseas factories, the FOB point is the Port of Yantian (China) or the Port of Ho Chi Minh City (Vietnam), unless otherwise noted on the quote.

Drawings

Upon receipt of purchase order, deposit, color concept photos and specifications, KH Hospitality will submit CAD drawings for approval within 5-7 business days.  Revisions will be returned for approval within 3 business days.

Dimensions

Quoted dimensions are overall measurements, reasonably approximate, and may slightly vary. We reserve the right to consider what is within tolerance (Industry Standard is 1”). Inquire for exact or custom sizes if dimensions are critical. Upholstery is hand-made trade, using materials and fabrics that will differ from item to item.

Finishes  

All items are quoted as custom to match sample and are based on the submitted specifications for finishes.  KH Hospitality reserves the right to requote based on control sample submitted should it be different than what was quoted.  Additional charges may apply.

Characteristic differences in color and grain are produced by nature in every tree. These variations create the beauty and interest found in fine woods. The samples are an indication of the color and character of the finish only. All finishes are hand applied and will vary depending on surface, shape and material used.

For custom finish strike-offs, please provide a control sample and indicate sheen level. KH Hospitality will submit a finish strike-off within 7-10 business days from receipt of the purchase order, deposit and finish control sample.

Fire Resistance

All internal upholstery materials meet CAL-117-2013 and NFPA-260A. For TB-133 and the Boston Code, please inquire with KH Hospitality.  Certification cannot be made unless the fabric has been treated for fire resistance and we receive a certificate from the COM supplier or treatment center. If specific TB-133 product testing is requested for an entire piece of upholstered furniture to obtain certification, the cost of the entire piece of upholstered furniture plus the cost of testing must be accompanied by a purchase order. Additional COM/COL also needs to be provided.

Electrical Componentry

KH Hospitality provides componentry with plug and play only, any hard wiring required is by others. KH Hospitality does provide UL approved electrical components. Customer to indicate length of cord required along with path cord management.

COM/COL Customer’s Own Material / Leather

The designer, specifier and/or purchaser shall be deemed an expert in the selection of COM (Customer’s Own Material – Fabric) or COL (Customer’s Own Leather) and assumes all risk and responsibility for selecting fabrics that are appropriate for the intended use and that comply with all applicable codes and regulations in the jurisdiction of ultimate use. KH Hospitality cannot predict, nor be responsible for, how COM or COL wears in an installation setting. Therefore, KH Hospitality specifically disclaims any responsibility for any defects that may arise in the use of COM or COL’S. These include, but are not limited to: wear- ability, fitness for use, colorfastness, fading, shrinking, stretching, pilling, unraveling, seam slippage, clean ability, flammability, discoloration or any other problem previously known or heretofore unknown that may arise from the use of such materials. Purchaser agrees to defend and hold harmless KH Hospitality for any claim (including expenses and reasonable attorney’s fees) made against KH Hospitality relating to any alleged defect in COM/COL materials. CAUTION: Using non-recommended cleaners or water on fabrics and leather may damage the material. Consult the COM/COL manufacturer for the proper cleaning procedures.

COM/COL Shipments

Materials must be clearly marked with purchaser’s name, project name, order acknowledgement number, item to be upholstered and the material name, color and yardage. Unless otherwise noted on the quote, please ship all COM or COL to the following address:  KH Hospitality, 1450 South Coast Highway, Oceanside, CA  92054

 Matched Patterns

Yardage requirements are quoted on 54? wide, plain goods, unless COM specification provided with the RFQ notes a specific size and repeat of goods. Self-decking is standard if adequate yardage is supplied. Quoted yardage is approximate. To obtain exact yardage, send fabric sample to the factory before ordering. Pattern matching may be subject to additional charges. For pattern match or repeats, a minimum of 10% should be added to the list price, unless otherwise noted on the quote. Please provide details of pattern match or repeat to KH Hospitality for an accurate quote. Important: Please send a yard of proposed COM or COL to test if you are concerned about performance issues.

Fabric Application

KH Hospitality reserves the right to apply the fabric in the most appropriate direction unless noted by the customer.  To assure correct fabric application, please attach a swatch of the fabric to your purchase order and indicate pattern direction, etc. Since more and more fabrics are “reversible” it is extremely important to send us a swatch of COM with your purchase order with the exposed side marked as such. While we inspect fabrics for mill imperfections, some are difficult to recognize. We cannot be responsible for fabric defects, color inaccuracies, or other flaws that we may not detect. Detected defects may require additional COM yardage. If it is determined that the fabric requires acrylic, latex or knit backing, it can be returned or the customer will be responsible for all costs associated with backing the fabric. This also delays the scheduled ship date.

KH Hospitality assumes no responsibility for the flame retardancy of any COM. Customers are solely responsible for making sure that COM complies with all applicable codes and regulations.