In this legal document, murmur, may hear forth be referred to as ‘we’, ‘our’ & ‘us’. The customer may be referred to as the ‘client’.

 

These General Standard Terms and Conditions are an essential and integral part of every offer and every agreement concluded with us. Any customer’s general standard terms of purchase that contradict these General Standard Terms and Conditions shall not be binding upon us unless they have been accepted by us in advance in writing. Verbal collateral agreements, additions or amendments to these General Standard Terms and Conditions are not valid unless confirmed by us in writing. Our offers are without obligation.

 

Prices & Terms

• All prices are firm prices

• Special work agreed in addition and not included in the purchase price, such as custom work, will
  be invoiced in addition and due for payment at delivery or acceptance.

• As we provide a custom design service in addition to our standard range, all custom work will be priced separately and will be conducive to the design and extent of work required. Design fees will be added to the final price

• Prices to not include delivery charges

• The prices of our upholstery items, does not include the cost of fabric - frame only

• The purchase price is based on the cost to murrmurr of materials, packaging & delivery and on prevailing exchange rates at the time of order. In the event of any increase in such costs or the change in any rate causing an increase in the cost to murrmurr, murrmurr shall have the right to increase the purchase price with prior notice to the customer.

 

 

Payment

• 50% non-refundable deposit is required on placement of order

• Balance of payment to be made before dispatch or collection

  • Items will only be dispatched once payment has been received

• We accept payment via EFT (electronic fund transfer)

 

 

Materials

Please note that all dimensions and yardage requirements noted in this price guide are to be considered approximate.

 

Upholstery

• All length requirements that are listed on the price guide are based upon plain goods. Additional lengths may be needed for fabric in different widths, patterns or repeats. All fabrics must be identified / specified on placement of order.

• We can not be held responsible for problems arising from customer supplied materials

• Stitching type on items might differ due to fabric type

 

Wood

• Wood surfaces are subject to colour and grain variations in accordance with ordinary trade usage and acceptable to the customer

• All wood is sealed with linseed oil and requires maintenance

• If liquid is spilled on the wood it must be cleaned up immediately

 

Stone

• Stones are natural products and are subject to a variety of textures and colours. murrmurr cannot be held responsible for these variations

• Certain materials are of a porous nature. The material installed is not guaranteed against cracking or breakage due to any unforeseen occurrences after completion of manufacture & delivery

 

 

Orders

• By placing an order with murrmurr you agree to these terms & conditions outlined in this document. You agree to be bound by and shall be regarded to have accepted to abide by these terms. Thereby you acknowledge that you have read and understood them.

• We will regard a quote signed by the client as a valid contract

• Before an order is put into production, it must be confirmed in writing and required deposit received.

• It is the clients responsibility to check and confirm that all information on the order sheet is correct

• We will not be held liable for any errors once the order has been signed by the client

• All orders are final

 

 

Customisation

• We will customise, to an extent,  most of our standard designs. Any customisation will result in an additional charge above the set price. Please contact us for a custom quotation.

 

 

Manufacture

• All manufacture timelines are noted on the product information of each item.

• Custom designs lead times will be noted on the quote issued to client

  • Custom designs will require additional time for design

• We will try our best to ensure that the product is completed within the estimated lead time. Lead times are subject to variation and are dependant on external factors, therefor we can not be held responsible for any delays with estimated production timelines.

 

 

Deliveries

• It is the responsibility of the customer to ensure that the item purchased can fit through first point of entry. Please refer to dimensions provided with each product. Custom items will be noted on the quotation.

• We will not be held liable if the item/items can not enter the premises.

• Courier & delivery arrangements will be made by us unless the customer has specified otherwise

• If the customer chooses to manage their own delivery, we must be notified of the specific details of movement

 

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Passing of Ownership & Risk

• In the case of collection of the goods by the customer’s own vehicles or a carrier appointed by the customer the risk shall pass to the customer at handover of the goods on the seller’s business premises.

 

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Claims

There may be slight variations between the final product and a particular showroom sample or tear sheet with respect to the finish, color, tone, graining, or precise measurements. Certain hand-made products are by nature irregular. murrmurr’s products will substantially conform to descriptions but are not guaranteed against wearing, color fading or minor variation in wave, color, tone, graining or precise dimensions.

Any and all claims against murrmurr, including defects, shortages and errors, must be made within seven (7) days after receipt of merchandise. Failure to make any claim against murrmurr within such 7-day period shall constitute acceptance of merchandise and a waiver of said defects, shortages, errors and other claims. murrmurr’s liability shall not exceed the contract price actually paid to murrmurr for such merchandise and murrmurr shall in no event be liable for labor charges or any consequential or special damages.

 

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Cancellation

Charge backs, deductions, changes, cancellations, returns or refunds require prior written consent by murrmurr. No returns or cancellations will be accepted on ‘made-to- order’ pieces. murrmurr is not required to accept changes requested after the order confirmation.

However, murrmurr will accept reasonable changes to orders with the following conditions:

• The request must be submitted in writing and received in time to be implemented.

• Changes will be subject to additional charges for materials, labor, and administrative.

 

 

Returns & Exchanges

As all murrmurr products are manufactured to your order, we can not except any returns or exchanges.

Only defective products my be exchanged.

The following will not be regarded as defects and will not entitle you to a refund or return :

• Damage resulting from normal wear and tear of the product.

• Damage arising from negligence, user abuse or incorrect usage of the product.

• Damage resulting from electrical surges or sea air corrosion.

• Damage caused by a failure to care for the product adequately.

• Damage resulting from alterations to the product; and where the specifications of a product, although accurately described on the website and fit for its intended purpose, do not suit you.

• A product will also not be considered to be defective where the product has been accurately described on the website and is generally fit for purpose, but does not suit you.

 

• It is the client’s responsibility to ensure that they fully inspect the item on delivery.

• If there are any defects the client must take photos and send them to murrmurr within 48 hours after delivery to qualify for defective product assistance.

 

• If the product is deemed defective after inspection we will consider one of the below options:

1. 1. Repair on site if possible

   2. Collect the product and repair off site

   3. Replace the product if not repairable

   4. Refund the client for the purchased price

      1. Refunds take a min of 10 working days to process after being logged as a return

 

If you wish to return a defective product, please ensure that you place it back in the original packaging. Ensure that it is suitable for transport, if the product is not properly and securely packaged the courier reserves the right to refuse to collect the product.

 

 

Warranty

We offer a six-month warranty period to repair or replace any defective goods. This does not include items that  have been subjected to negligence, user abuse or incorrect usage, natural wear and tear or if the client has not cared for the product accurately.

Any products that are claimed to be defective must be exchanged within this 6 month period

Natural stone : Please note that stone is a natural product and therefore murrmurr can not take responsibility for any natural defects that may occur in the material.

 

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Law

The entire provisions of these Terms shall be governed by and construed in accordance with the laws of the Republic of South Africa. Furthermore, the parties to these Terms hereby irrevocably and unconditionally consent to the non-exclusive jurisdiction of the courts of the Republic of South Africa in regard to all matters arising from these Terms.

 

 

Force Majeure

Due to the artistic and custom nature of the manufacturing process, all quoted completion and delivery dates are estimates only. Manufacturer shall not be liable for delays in completion or shipment or default in delivery for any reason of force majeure or for any cause beyond Manufacturer’s reasonable control including, but not limited to :

• Government action, war, riots, civil commotion, embargoes or martial laws

• Manufacturer’s inability to obtain necessary materials from its usual sources of supply

• Shortage of labor, raw material, production or transportation facilities or other delays in transit

• Labor difficulty involving employees of Manufacturer or others

• Fire, flood, or other casualty

• Other contingencies of manufacture or shipment.

• In the event of any delay in Manufacturer’s performance due in whole or in part to any cause beyond Manufacturer’s reasonable control, Manufacturer shall have such additional time for performance as may be reasonably necessary under the circumstances. Acceptance by client of any goods shall constitute a waiver by client of any claim for damages on account of any delay in delivery of such goods.

 

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Copyright

All graphics & products shown on the murrmurr website & instagram account is copyright to murrmurr.

 

Acknowledgement

 

I hereby acknowledge that I have read and underscore the murrmurr Terms & Conditions.