FORM Furniture is committed to the complete satisfaction of our customers with our products and performance. If a problem arises with a FORM Furniture product, please contact our Customer Service team immediately and we
will make every effort to rectify the situation.
The original end user of FORM Furniture’s product is protected against defects of materials and workmanship for the following warranty periods:
Seating Components: 12 years
Seating Textiles & Mesh: 5 years
Laminate Tabletops: 5 years
Powder Coated Tabletops: 5 years
Handset for Height Adjustable Table Base: 5 years
Height Adjustable Table Bases (not including handset): 10 years
Monitor Arms: 12 years
Storage & Storage Accessories: 5 years
The warranty does not cover damage from ordinary wear and tear, or damage resulting from accident, alteration, misuse, abuse, tampering or negligence.
In the event that the customer notifies FORM prior to the expiration of the applicable warranty period and FORM determines that the applicable products fail to conform to the foregoing warranty, FORM will, at FORM’s election and expense, and as the customer’s sole remedy and FORM’s exclusive liability, repair, replace or provide a refund of the purchase price of the nonconforming products.
If a problem arises with FORM product outside of the warranty period, contact our Customer Service team.
Except as expressly set forth above, form disclaims all other warranties, whether express, statutory or implied, including without limitation any warranties of merchantability, non-infringement or fitness for a particular purpose, and warranties arising from trade usage, course of dealing, or otherwise.
Limitation of Liability
Notwithstanding anything to the contrary herein; (a) form shall not be liable for lost profits, renevue or losses due to business interruptions, or any indirect, incidental, consequential, punitive or other special damages, however the same may be caused, regardless of the fault, negligence (whether sole, joint, concurrent, active or passive or otherwise), pre-existing defect or strict liability, directly or indirectly arising out of the products or these terms; and (b) form’s entire liability, and the customer’s exclusive remedy, in law and equity or otherwise, with respect to the products or these terms, is solely limited to the amounts paid by the customer to form for the products to which the applicable claim relates.
Term and Termination
These Terms shall become effective upon FORM’s acceptance of the customer’s order and shall remain in force until all products under the applicable order have been delivered, unless earlier terminated as permitted herein. FORM may terminate the customer’s order and these Terms immediately by written notice to the customer if the customer fails to pay any amounts when due and fails to cure such non-payment within ten (10) days of receipt of written notice thereof, or if the customer breaches these Terms and fails to cure such breach within thirty (30) days of receipt of written notice thereof.
In the exercise of their respective rights, and the performance of their respective obligations, under this Agreement, the parties are, and shall remain, independent contractors. Neither party shall bind, or attempt to bind, the other party hereto to any contract or the performance of any other obligation or represent to any third party that it is authorized to enter into any contract or binding obligation on behalf of the other party hereto. These Terms shall be governed by and construed in accordance with the laws of the State of Alabama, excluding any conflicts or choice of law rule or principle that might otherwise refer construction or interpretation of these Terms to the substantive law of another jurisdiction. Any legal suit, action or proceeding arising out of or related to this Agreement will be instituted exclusively in the federal or state courts serving Jefferson County, Alabama. The U.N. Convention on Contracts for the International Sale of Goods shall not apply to these Terms. The parties specifically waive any right to a jury trial regarding disputes related to these Terms. The customer may not assign the order or these Terms without the prior written consent of FORM. The order and these Terms may not be modified, amended, altered or supplemented except upon the execution and delivery of a written agreement executed by an authorized representative of each of the parties. If any provision of these Terms is held to be illegal, invalid or unenforceable under any applicable laws, such provision shall be fully severable, these Terms shall be construed and enforced as if such illegal, invalid or unenforceable provision had never comprised a part hereof, and the remaining provisions of these Terms shall remain in full force and effect and shall not be affected by the illegal, invalid or unenforceable provision or by its severance herefrom. No waiver by a party of the provisions hereof will be effective unless explicitly set forth in writing and signed by the party so waiving. No failure to exercise, or delay in exercising, any rights or remedies arising from these Terms will operate or be construed as a waiver thereof. No single or partial exercise of any right or remedy arising from these Terms will preclude any other or further exercise thereof or the exercise of any other right, remedy power or privilege. Provisions of these Terms which by their nature should apply beyond their terms will remain in force after any termination or expiration, including without limitation the Sections entitled Warranty Coverage, Disclaimer, Limitation of Liability and Miscellaneous.