All prices enclosed are net prices unless otherwise noted. Prices do not include, delivery or taxes. We reserve the right to change prices, modify, terminate, suspend or discontinue any products listed in this price list without notice.
Terms of payment: 50% deposit, balance due before shipping.
Credit terms may be extended after the first project and with submission of a credit application. Extended terms are subject to company payment history and/or credit information.
All orders are subject to approval by Malik Gallery and cannot be changed or cancelled without Malik Gallery's consent.
Malik Gallery accepts purchase orders via US mail, email or fax orders. A deposit of 50% of the total order amount is required before orders are put into a production schedule. Quotations are for a period not to exceed 60 days unless extended in writing.
Send purchase orders to:
Malik Gallery Collection
23587 Foley Street
Hayward, CA 94545
All lead times are determined from receipt of order and 50% deposit. Standard lead time is 10-12 weeks.
Contact your Malik Gallery representative for the most up-to-date lead times.
All orders are confirmed in writing. Orders are accepted by Malik Gallery per terms listed herein. Orders will be manufactured and invoiced based upon the information on this acknowledgement. If there is a discrepancy, Malik Gallery must be notified immediately or product will ship as scheduled.
Malik Gallery will attempt to notify all customers immediately if shipment is delayed. Malik Gallery is not responsible for delays in shipments due to circumstances beyond our control such as acts of God, terrorism, weather, labor strikes, freight delays, or other unforeseen circumstances.
Dimensions and shipping weights given in pounds are approximate. For the precise measurements, please refer to the single products technical sheets found on our website. Designs and specifications are subject to change without notice. Malik Gallery reserves the right to modify and/ or improve all products that we offer for sale.
ORDER CHANGE AND/OR CANCELLATION
Orders may not be cancelled or changed by the purchaser after 72 hours after Malik Gallery has received purchase order without the consent of Malik Gallery. A cancellation or restocking charge of up to the total value of the order may be applicable on orders cancelled or changed. If manufacturing has started, Malik Gallery reserves the right to deny cancellation or change.
In cases where materials shipped are as acknowledged, Malik Gallery will not permit return without written consent Returned merchandise is subject to a rehandling / restocking charge of 20-100%. This charge will be determined after merchandise is received and inspected. All freight express charges must be prepaid on return shipments or they will not be accepted. Damaged materials and all items specially built to order cannot be returned under any conditions.
SHIPPING AND DELIVERY
All products are F.O.B. from Hayward, CA
All deliveries are made to a commercial dock. All other delivery arrangements should be coordinated with Malik Gallery at least two weeks in advance of order arrival. Failure to do so may result in accessorial fees determined by Malik Gallery.
Delivery address change requests made once items have been sent may results in delays and additional charges.
When re-delivery of merchandise is required because customer is not ready to accept merchandise and Malik Gallery is not notified at least two weeks prior to the scheduled ship date, the costs for freight, storage and re-handling will be billed to the customer.
TITLE TO MERCHANDISE & SHIPMENT DAMAGE CLAIMS
Damage claims must be made within 5 days of receipt of product for consideration.
Buyer acknowledges that once all products have been received, title to the goods and risk of loss will pass to the buyer or the buyer's receiving warehouse.
Malik Gallery recommends: A; Consignee visually inspects the exterior of all packaging, B; Notes any damage on the bill of lading, C; If exterior or packaging damage is found, the consignee must notify Malik Gallery within 5 days of receipt.
Please photograph any freight damage for your own records. If damage is concealed and not evident until furniture is completely unpacked, take photographs of any damage, keep the packing materials and notify Malik Gallery. Failure to make such claim shall constitute acceptance of the merchandise and waiver of any defects, errors or shortages. This should be received within 5 days after the claim has been sent. Damaged shipments are not grounds for cancellation of orders.
Neither Malik Gallery nor the carrier will be responsible for concealed damage claims or if shipments are left unopened. Notification of concealed damages must be made to the delivering carrier within 5 days after delivery of merchandise.
Malik Gallery issues an invoice to the buyer prior to date of shipment. If merchandise is not received within 10 days, notify Malik Gallery to obtain proof of shipment. Neither Malik Gallery nor the carrier will assume obligation for lost or damaged shipment claims after one month beyond the shipping date.
RIGHTS AND WARRANTIES
Malik Gallery reserves the right, at its sole discretion to change, modify, add or remove any portion of these terms and conditions of use, in whole, or in part at any time.
Malik Gallery warrants its products to be free from defects in material or workmanship, given normal use and care, for a period of 5 years from the date as indicated on the invoice, subject to the limitations set forth:
During this warranty period, Malik Gallery will, at its option, repair or replace, free of charge to the original owner, any part or assembly found to be defective. All claims must include the name, address, and telephone number of the purchase, unit model number, general description of the product, description of the defect(s) and
documentation supporting the date of initial delivery. Malik Gallery will contact the customer to arrange for the repair or replacement of the defective product covered by this warranty at Malik Gallery ís expense.
This warranty shall not apply if (a) Purchaser or a third party modifies or repairs the Goods without Malik Gallery's prior written approval; or (b) after discovery of a defect, Purchaser fails to take prompt and reasonable steps to prevent the defect from becoming more serious.
This warranty does not apply to damage resulting from accidents, alterations, misuse, tampering, negligence, or abuse to the product, or the product not being used in accordance with Malik Gallery's installation and/or application guidelines, normal wear and tear, or other third party materials applied to the product, or exposure to unusual conditions. Upon the occurrence of any one or more of these events, this warranty becomes void.
Products that are non-standard are not covered under this warranty.
In no event, whether based in contract or tort or other legal theory, shall Malik be liable for any special, incidental, consequential, indirect or punitive damages of any kind, including without limitation damages to other property, in convenience, loss of goodwill, loss profits or revenue or other financial loss, loss of use of the product, or claims for damages resulting from the use of the product.
Repair or replacement of discontinued product will be at the discretion of Malik Gallery. Any refund extended on discontinued product will be prorated over a 5 year period starting from date of sale.
Some outdoor wood items may require periodic inspection and maintenance. Please refer to the individual product page for any maintenance recommendations.
SHADES AND FINISHES
Due to the inherent natural variations in color shades and wood finishes, there are discrepancies between shades of paint, stone, or colors of wood. Because these differences are beyond our control, the warranty does not extend to color, grain or texture of wood, stone or paint. Please note that all color shades and wood finishes we depict in photos or as samples are subject to variation.
COMPLIANCE WITH LAW
Purchaser is solely responsible for compliance with all applicable federal, state and local laws, ordinances, regulations, rules and standards relating to the installation, maintenance, use and operation of the product.