Terms & Conditions

PRICING
All prices enclosed are LIST prices unless otherwise noted. Prices do not include crating, storage, delivery, installation or taxes. Contact your local representative or dealer for discounting. We reserve the right to change prices, modify, terminate, suspend or discontinue any products listed in this price list without notice.

CREDIT TERMS
Terms of payment: 50% deposit, balance due before shipping.

Clients with pre-approved credit will be expected to pay balance within 30 days. Overdue accounts will be charged interest at 1.5% per month (18% annually) or the maximum legal rate. In the event of delinquency, customer shall be liable for collection costs including attorney fees.

SALES POLICY
MALIK has the right to refuse any sales order. Possession of this price list does not constitute authority to sell products contained herein. All orders are subject to approval by MALIK and cannot be changed or cancelled without MALIK's consent

ORDERING
MALIK accepts US mail, email or fax orders as a service to meet customer needs. Original purchase orders with an authorized signature are due within 3 working days of order placement. 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.

LEAD TIMES
All lead times are determined from receipt of order, 50% deposit, and any applicable COM/COL. Please note that COM/COL projects may require an additional 2 weeks.

In Stock      3-5 Days*
Quickship   4-6 Weeks*
Standard    10-12 Weeks*

Contact your MALIK representative for the most up-to-date lead times.

ACKNOWLEDGEMENTS
All orders are confirmed in writing. Orders are accepted by MALIK per terms listed herein. Orders will be manufactured and invoiced based upon the information on this acknowledgement.

If there is a discrepancy, MALIK must be notified immediately or product will ship as scheduled.

MALIK will attempt to notify all customers immediately if shipment is delayed, MALIK is not responsible for delays in shipments due to circumstances beyond our control such as acts of God, terrorism, or freight delays.
All orders are subject to prices prevailing at the time of shipment. Dimensions and shipping weights given in pounds are approximate.

Send purchase orders to:
Malik Gallery Collection
530 East 8th Street, Suite 102
Oakland, CA 94606

Send COM/COL to: (subject to change):
Malik Gallery Collection
530 East 8th Street, Suite 102
Oakland, CA 94606

ORDER CHANGE AND/OR CANCELLATION
Orders may not be cancelled or changed by the purchaser after 72 hours after MALIK has received purchase order without the consent of MALIK. A cancellation or restocking charge of up to the total value of the order may be applicable on orders cancelled or changed. If an item has already been upholstered or manufacturing has started, MALIK reserves the right to deny cancellation, or change.

RETURNS
In cases where materials shipped are as acknowledged, MALIK will not permit return without written consent Returned merchandise is subject to a rehandling / restocking charge. 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. Damage claims must be made within 3 days of receipt of product for consideration.

ORDER CANCELLATION
Cancellation requests must be phoned and confirmed in writing. Cancellation within a grace period of 72 hours (3 working days) from the date of the submitted purchase order will apply at no charge.

After the 72-hour grace period, MALIK has the right to deny any and all cancellations or changes. In the event that a change or cancellation is agreed to, a cancellation charge to cover costs incurred will be applied with a minimum of 25% restocking fee. To contact MALIK Customer Service, please call 1-888-550-4398.

SHIPPING AND DELIVERY
All products are F.O.B. from Oakland, CA 94606.
All deliveries are made to a commercial dock. All other delivery arrangements should be coordinated with MALIK at least two weeks in advance of order arrival. Failure to do so will result in accessorial fees determined by Malik.

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 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
Buyer acknowledges that once all products have been picked up from our receiving house, title to the goods and risk of loss will pass to the buyer or the buyer's receiving warehouse. If a carrier while in transit damages the goods, the buyer has the sole obligation of seeking any appropriate recourse against the carrier.

All merchandise is packed to comply with industry-accepted standards. Furniture is carefully inspected before packing and prepared for the carrier in good condition. The carriers only accept the cartons in good condition and agree to deliver the merchandise in good condition. Claims in transit should be made directly with the carrier. To ensure satisfaction with goods received, MALIK 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 send a written intent to claim to the delivering carrier within 10 days, D; Request inspection by the delivering carrier of the merchandise and retain packaging at the point of receipt (if practical), E; To file a claim, the following documents are required:

I) Copy of the bill of lading
II) Copy of the freight invoice, if available
III) Copy of the inspection report
IV) Copy of the invoice showing the cost if the product is lost or damaged
V) Cover letter stating documents attached, referring to carrier bill of lading number so that the Carrier can identify the shipment, and the specific amount that is being claimed

We recommend that you request a written confirmation of receipt for your claim from the carrier, in your cover letter. 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 the carrier immediately for an inspection. Failure to make such claim shall constitute acceptance of the merchandise and waiver of any defects, errors or shortages. This should be received within 3 days after the claim has been sent. Damaged shipments are not grounds for cancellation of orders. Please feel free to contact MALIK customer service with any further questions at: 888-550-4398.

 

 

UNOPENED SHIPMENT
Neither MALIK 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 3 days after delivery of merchandise.

LOST SHIPMENTS
MALIK issues an invoice to the buyer prior to date of shipment. If merchandise is not received within 10 days, notify MALIK to obtain proof of shipment. Neither MALIK nor the carrier will assume obligation for lost or damaged shipment claims after 1 month beyond the shipping date.

PACKING AND CRATING CHARGES
Some products listed in our price list have a packing or crating upcharge. All glass and marble items are packed using crating material.

RIGHTS AND WARRANTIES
MALIK 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. Designs and specifications are subject to change without notice. MALIK reserves the right to modify and/or improve all products that we offer for sale.

MALIK 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 will, at its option, repair or replace, free of charge to the original owner, any part or assembly found to be defective. This warranty is not transferable and terminates when a third party becomes entitled to use the product during the warranty period. 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 will contact the customer to arrange for the repair or replacement of the defective product covered by this warranty at MALIK's expense.
This warranty shall not apply if (a) Purchaser or a third party modifies or repairs the Goods without MALIK'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.

Seating furniture is intended for being used for sitting. Other uses – like climbing on, kneeling, rocking, or use outside may result in damage.

This warranty does not apply to damage resulting from accidents, alterations to the product other than by MALIK or an authorized person, installation by other than a MALIK or an authorized person, or the product not being used in accordance with MALIK's installation and/or application guidelines, normal wear and tear, COM or other third party materials applied to the product, or dramatic temperature variations or exposure to unusual conditions. Upon the occurrence of any one or more of these events, this warranty becomes void. Because of the natural variation over which MALIK has no control, the warranty does not extend to color, grain, texture of wood, plastic, or fabric. MALIK does not warrant the matching of color, grain or texture and shall not be liable for consequential or incidental damages. This warranty excludes fabrics, leathers or other textiles for wearing quality, color fastness, shrinkage, wrinkling, stretching, or dye lot match.

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. Any refund extended on discontinued product will be prorated over a 5 year period starting from date of sale.

Damage to stacking chairs caused by stacking/unstacking methods are not controllable by MALIK and are not considered warranty issues.

Steel frame outdoor chairs require periodic inspection and maintenance to ensure steel is not exposed. Any exposed steel must be cleaned and repainted immediately. This warranty does not cover damage to items from rust due to exposed steel.
Except as stated above, MALIK makes no express or implied warranties as to any product, and in particular, makes no warranty of merchantability or of fitness for any particular purpose.

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.

DESIGN/SPECIFICATION
MALIK reserves the right at its discretion to terminate, modify, suspend or discontinue any aspect of this price list, including, but not limited to its content, pricing, or servicing. All modern classic reproductions are manufactured to maintain the original integrity of the designer's intent and to meet current commercial standards.

COMMON TERMINOLOGY
Below are some definitions that can help you better understand some of ten misused common terminology in the furniture industry when referring to the classics:

Original/vintage can be defined as: an original piece fabricated during the designer's lifetime using his/her original molds or drawings.

1.) Reproduction = to produce a counterpart, Image or copy of an original, maintaining the design integrity and specifications

2.) Original = Initial, First, the primary form from which varieties arise or copies are made

3.) Vintage = A year or period of origin (i.e. a vintage chair from 1940)

4.) License = the right to reproduce furniture to the original specifications (however most manufacturers who hold a license choose not to reproduce to the original specifications)

5.) Knockoff = something in the style of, though some details have been completely altered

MALIK supports the original concepts of the Bauhaus: To create affordable, timeless designs for the masses.

Terms & Conditions, Vintage Collection