TERMS & CONDITIONS
Terms of Use and Commercial Sales Policies
Effective and Last Updated: July 24, 2026
Contents
- 1. Scope, Acceptance, and Order of Precedence
- 2. Commercial Eligibility and Authority
- 3. Website Accounts and Acceptable Use
- 4. Quotes, Pricing, Availability, and Order Acceptance
- 5. Payment, Financing, Taxes, and Fees
- 6. Custom and Made-to-Order Products
- 7. Product Information, Samples, and Design Assistance
- 8. Lead Times, Production, and Availability
- 9. Shipping and Delivery
- 10. Customer Pickup
- 11. Delayed Receipt and Storage
- 12. Inspection, Freight Damage, Shortages, and Claims
- 13. Cancellations, Returns, Refunds, and Final Sale
- 14. Limited Warranty
- 15. International Orders and Export Compliance
- 16. User Content and Intellectual Property
- 17. Third-Party Services and Links
- 18. Disclaimers
- 19. Limitation of Liability
- 20. Indemnification
- 21. Force Majeure
- 22. Dispute Resolution and Governing Law
- 23. Changes to These Terms
- 24. Miscellaneous
- 25. Contact Information
These Terms of Use and Commercial Sales Policies (the “Terms”) apply to the Superior Seating website, quotes, orders, products, services, samples, design support, communications, and transactions. “Superior Seating,” “we,” “us,” and “our” mean Superior Seating LLC, the operator of superiorseating.com and the seller under the applicable Order Document. “Buyer,” “you,” and “your” mean the individual or organization using the website, requesting a quote, or purchasing products or services.
1. Scope, Acceptance, and Order of Precedence
1.1 Acceptance
These Terms govern website use when they are presented or conspicuously linked to you. The transaction-related provisions apply when you affirmatively accept them by selecting an unchecked checkbox or “Accept and Purchase,” “Place Order,” or similar control; signing or approving an Order Document; submitting payment after receiving the Terms; or instructing us in writing to begin work. Merely viewing a footer link is not, by itself, treated as acceptance of transaction terms. If you do not agree, do not proceed with the applicable use or transaction.
1.2 Separate Policies
Our privacy, cookie, and messaging practices are described in separate documents linked in the website footer, including our Privacy Policy, Privacy Notice, Cookie Notice and Privacy Choices, and SMS Terms. Each document governs its own subject and is not modified or replaced by these Terms.
1.3 Transaction Documents and Conflicting Terms
A transaction may also be governed by a quote, order confirmation, specification sheet, approved drawing, invoice, financing agreement, product-specific warranty, or other written document issued or accepted by Superior Seating (each, an “Order Document”). If an Order Document expressly conflicts with these Terms, the following order of precedence applies: (1) a separate written agreement signed by an authorized representative of Superior Seating; (2) the applicable Order Document; and (3) these Terms. Product pages, Help Center content, emails, chat messages, and verbal statements do not amend an accepted transaction unless expressly included in an Order Document or confirmed in writing by an authorized Superior Seating representative.
Any additional or different terms in a Buyer purchase order, procurement portal, vendor form, acknowledgment, or other Buyer document are rejected and will not bind Superior Seating unless expressly accepted in a writing signed by an authorized representative of Superior Seating. Processing a purchase order, accepting payment, or shipping products does not constitute acceptance of Buyer’s additional or different terms.
1.4 Version Applicable to an Order
The version of these Terms presented or linked when an order is accepted will govern that order, unless the parties later agree otherwise in writing. Website updates do not retroactively change an accepted order.
2. Commercial Eligibility and Authority
The website is intended for users who are at least 18 years old and legally able to enter into binding agreements. Superior Seating supplies commercial furniture and related products for business, hospitality, restaurant, institutional, event, healthcare, education, government, and other commercial applications. Products are not offered for personal, family, or household use unless Superior Seating expressly agrees in writing.
If you act for a company, franchise, purchasing group, designer, architect, contractor, property owner, governmental entity, or other organization, you represent that you are authorized to bind that organization, place orders, approve specifications, submit payment, and receive notices on its behalf. The organization is responsible for actions taken through its accounts and by its employees, agents, and representatives.
3. Website Accounts and Acceptable Use
3.1 Accounts and Security
You are responsible for maintaining accurate account, billing, shipping, and contact information; safeguarding login credentials; and promptly notifying us of unauthorized access. We may rely on instructions submitted through your account or by your authorized contacts.
3.2 Permitted Use
You may use the website only for lawful business and purchasing purposes. You may not interfere with the website, bypass security controls, introduce malicious code, impersonate another person, submit fraudulent information, or use the website in a way that harms Superior Seating or others.
3.3 Automated Collection and Scraping
Except for ordinary search-engine indexing or activity expressly authorized in writing, you may not use bots, crawlers, scraping tools, data-mining tools, or automated systems to copy product data, pricing, images, descriptions, specifications, customer information, or other website content.
3.4 Suspension
We may restrict or suspend website access, accounts, quotes, or orders where we reasonably suspect fraud, misuse, unlawful activity, security risk, payment risk, delivery restrictions, or violation of these Terms.
4. Quotes, Pricing, Availability, and Order Acceptance
4.1 Minimum Order
New-customer orders are generally subject to a $1,500 minimum unless Superior Seating waives or changes the minimum in writing. Product-specific minimum quantities may also apply. Superior Seating may decline or adjust an order that does not satisfy the applicable minimum.
4.2 Quotes
Quotes are estimates based on the products, quantities, specifications, delivery information, and services known when the quote is prepared. Unless a quote states otherwise, it is valid for two weeks. A quote is not an accepted order and does not reserve inventory, materials, production capacity, or freight rates until accepted and confirmed by Superior Seating.
Buyer must review every quote for product numbers, quantities, dimensions, finishes, upholstery, shipping address, accessorial services, taxes, delivery requirements, and other details before acceptance. Acceptance authorizes Superior Seating to proceed according to the quote and these Terms.
4.3 Prices and Errors
Prices, discounts, product information, specifications, and availability may change before order acceptance. We may correct typographical, image, description, measurement, configuration, freight, tax, or pricing errors. If an error materially affects an order, we may offer corrected terms or cancel and refund the affected amount.
4.4 Order Acceptance
An online submission, payment authorization, quote acceptance, or confirmation email acknowledging receipt does not by itself require Superior Seating to fulfill an order. An order is accepted when Superior Seating issues an order confirmation or otherwise confirms acceptance in writing. We may reject or cancel an order before shipment for product unavailability, pricing or specification error, fraud or payment concerns, delivery limitations, legal restrictions, or other reasonable business grounds. If we cancel an order after collecting payment, we will refund the amount paid for the cancelled portion.
4.5 Availability and Allocation
Inventory labels, lead times, and availability information are estimates and may change. We may allocate limited inventory or materials among customers, split shipments, substitute a comparable source only with Buyer approval where the substitution changes an approved custom selection, or cancel an unavailable item and refund the amount paid for that item.
4.6 Promotions and Discounts
Promotions, coupons, wholesale pricing, volume discounts, and negotiated pricing are subject to their stated conditions and generally cannot be combined unless Superior Seating agrees in writing. Discounts do not alter product classification, cancellation rules, return eligibility, or warranty coverage unless expressly stated.
5. Payment, Financing, Taxes, and Fees
5.1 Accepted Payment Methods
We may accept credit or debit cards, checks, e-checks, wire transfers, and approved pay-later or financing options. Available methods may vary by transaction. Multiple-card payments may be arranged by contacting Superior Seating.
5.2 Payment Timing
Full payment is required before shipment. Superior Seating may approve installment payments, deposits, credit, or another written arrangement, but the entire amount due must be paid and cleared before shipment unless an Order Document expressly states otherwise. Payment on delivery and recurring automatic billing are not offered unless agreed in writing.
Any deposit, installment, or other payment schedule is effective only if stated in an Order Document. Custom production will not begin until Superior Seating has received all approvals, customer-supplied materials, and payments identified as due before production.
5.3 Authorization and Cleared Funds
By providing a payment method, Buyer represents that it is authorized to use that method and authorizes Superior Seating and its payment processors to charge the amounts shown in the applicable Order Documents and any Buyer-approved changes. Additional carrier or accessorial charges caused by inaccurate or incomplete delivery information, unavailable receiving personnel, address changes, reconsignment, redelivery, detention, storage, or Buyer-requested services may be invoiced after the order. A stored payment method will be charged for such an additional amount only with separate authorization and as permitted by applicable law and card-network rules. Orders paid by check, e-check, or wire may be held until funds clear.
5.4 Payment Processing Fees
Payment processing fees may be non-refundable when an order is cancelled or returned only if the fee and treatment were disclosed for the transaction and retention is permitted by applicable law. This does not apply to a refund resulting from a confirmed Superior Seating error or where law requires otherwise.
5.5 Financing
Financing and pay-later options are offered by independent third parties and are subject to their underwriting, approval, agreements, fees, and privacy practices. Superior Seating does not guarantee approval and is not the lender. A financing dispute does not change Buyer’s obligations to Superior Seating unless required by the financing agreement or applicable law.
5.6 Sales Tax and Exemptions
We collect sales or similar taxes where required. Tax is generally calculated based on the delivery destination and may apply to shipping or services depending on applicable law. A valid exemption certificate must be submitted and approved before the order is placed. Superior Seating does not guarantee a retroactive sales-tax refund where exemption documentation was not approved before the transaction. Buyer remains responsible for taxes, duties, assessments, or use-tax obligations not collected by Superior Seating.
6. Custom and Made-to-Order Products
6.1 Custom Product Definition
“Custom Products” include products manufactured, finished, upholstered, configured, cut, modified, or ordered to Buyer’s specifications, including selections involving upholstery, fabric, vinyl, leather, stain, paint, finish, dimensions, shape, tufting, channeling, booth configuration, logo, customer-supplied material, or other non-stock features. Products identified as made-to-order, special order, custom, modified, or non-returnable are Custom Products even if based on a standard model.
6.2 Buyer Review and Approval
Buyer is responsible for reviewing and approving all specifications, quantities, dimensions, colors, materials, drawings, renderings, samples, and site requirements before production. Approval of a quote, drawing, specification, sample, or Order Document authorizes production. Superior Seating may rely on approvals provided by Buyer’s employees, designers, architects, contractors, purchasing agents, or other authorized representatives.
6.3 Production Start and Changes
Production may begin after order acceptance, receipt of all required approvals and payments, and receipt of any required customer-supplied materials. Requests to change an order are not effective unless Superior Seating confirms them in writing. A change may require a new quote, additional payment, new approval, revised lead time, or cancellation and replacement of the affected order line. Once production has begun, Custom Products are non-modifiable and non-cancellable unless Superior Seating expressly agrees otherwise in writing.
6.4 Customer’s Own Material (COM/COL)
Where Superior Seating agrees to use Customer’s Own Material or Customer’s Own Leather (“COM/COL”), Buyer is responsible for timely delivery, correct quantity, suitability for the intended application, pattern direction, repeat, backing, fire or performance requirements, and freedom from defects or third-party claims. Delays, shortages, defects, or additional labor caused by COM/COL may affect price and lead time. Superior Seating may reject material that is unsafe, unsuitable, damaged, inconsistent, or insufficient. Any unused material will be handled only as agreed in writing and may require Buyer-paid return shipping or disposal.
6.5 Production Tolerances
Commercial furniture and handcrafted products may have reasonable production tolerances in dimensions, seams, pattern placement, alignment, grain, color, sheen, texture, weld appearance, cushion firmness, and other characteristics. Minor variations that do not materially impair ordinary commercial use are not defects.
7. Product Information, Samples, and Design Assistance
7.1 Images, Renderings, and Displays
Product images, digital visualizations, room scenes, swatches displayed on screens, and renderings are illustrative. Lighting, display settings, camera processing, scale, and surrounding materials can affect appearance. Superior Seating does not guarantee that digital images exactly match the delivered product.
7.2 Natural and Material Variations
Wood, stone, veneer, leather, fabric, vinyl, powder coat, laminate, and other materials may vary by lot and may show natural differences in grain, knots, color, texture, pattern, veining, sheen, and aging. Reorders may not match prior orders or samples exactly. These inherent variations are not defects.
7.3 Dimensions and Specifications
We make reasonable efforts to provide accurate dimensions and specifications, but measurements may be approximate and may change. Buyer must verify critical dimensions, clearances, load requirements, compatibility, and installation conditions before ordering. Superior Seating may update a product’s specifications, source, construction, finish, or style before order acceptance. Material changes to an accepted custom order require Buyer approval unless required for safety or law and do not materially change the approved product.
7.4 Samples and Swatches
Samples and swatches are intended to assist evaluation but do not guarantee an exact production match. Product samples are generally available for most chairs, bar stools, and table tops, but may not be available for booths or table bases. Product samples are sold at the applicable product price plus shipping, are typically limited to five at a time unless otherwise approved, and are non-returnable and non-refundable. Sample shipments generally use FedEx Ground and commonly take three to seven business days within the contiguous United States after shipment, but delivery times are not guaranteed.
7.5 Sample Damage
If sample packaging is visibly damaged, Buyer should document the condition, follow the carrier’s instructions, and notify Superior Seating promptly. Minor replacement parts may be offered where available, but replacement is not guaranteed. Samples are non-returnable and non-refundable. Superior Seating is not responsible for damage caused solely during ground-carrier transit, except for a verified pre-shipment defect, Superior Seating’s own packing error, or a right that cannot lawfully be excluded.
7.6 Design, Layout, CAD, and Consultation Services
Design consultations, furniture recommendations, CAD files, 3D models, layouts, measurements, spacing guides, and other assistance are provided for planning convenience and do not replace professional architectural, engineering, accessibility, fire-code, building-code, installation, or legal review. Buyer is responsible for field measurements, site conditions, permits, code compliance, accessibility compliance, anchoring, installation, and determining whether products are suitable for the intended use.
7.7 Automated Tools and Informal Communications
Information from website tools, automated chat, artificial-intelligence features, live chat, or informal sales communications may be general or incomplete. Only an accepted Order Document or written amendment controls product specifications, price, lead time, delivery services, and other transaction terms.
8. Lead Times, Production, and Availability
All manufacturing, processing, ready-to-ship, ship-date, transit, and delivery timeframes are estimates unless an Order Document expressly states that a date is guaranteed. Lead times may be affected by material and upholstery availability, production capacity, order size, approvals, COM/COL receipt, supplier delays, holidays, weather, labor conditions, carrier schedules, customs, site restrictions, and the time between quote issuance and order acceptance.
Different items in the same order may have different manufacturing locations, lead times, and shipment dates. Superior Seating may ship items separately. Buyer should not schedule installers, construction completion, openings, events, or other commitments based solely on an estimated date. Rush processing or guaranteed carrier service may be available for an additional charge but is effective only if confirmed in writing.
9. Shipping and Delivery
9.1 Freight Charges and Payment
Freight charges are quoted based on the products, destination, and services known when the quote is prepared, and are prepaid by Buyer as part of the order total before shipment unless an Order Document states otherwise. Freight quotes may be estimates; if a carrier reclassifies the shipment or the actual freight cost differs materially because of inaccurate address, access, weight, dimensional, or service information supplied for the order, Superior Seating may re-quote the freight and Buyer is responsible for the corrected amount. Shipping and accessorial charges are non-refundable once a shipment is tendered to the carrier, except where a return or refund results from a confirmed Superior Seating error or is required by law.
9.2 Freight Quotes and Commercial Addresses
Standard freight quotes are based on delivery to a commercial address that can be accessed by a full-size freight truck and has appropriate receiving personnel and, where needed, a loading dock. Standard quotes do not include liftgate, limited-access, inside delivery, special routing, narrow appointment windows, detention, reconsignment, redelivery, storage, weekend or holiday delivery, or other accessorial services unless expressly listed.
9.3 Standard Delivery Method
Most large orders ship by less-than-truckload (“LTL”) common carrier. Standard service is tailgate delivery only. The carrier delivers to the rear of the truck at an accessible loading area. Drivers are not required to unload, move products inside, assemble products, remove packaging, or provide labor unless a separate service is confirmed in writing. Superior Seating does not currently provide inside delivery as a standard service.
9.4 Liftgate and Limited Access
A liftgate is recommended where the receiving location lacks a loading dock or forklift. Limited-access charges may apply when a full-size freight truck cannot safely or legally access the site or when the carrier classifies the location as limited access. Examples may include hospitals, airports, farms, parks, schools, churches, hotels, military bases, construction sites, downtown areas, and other restricted locations. The carrier may determine that a location is limited access at delivery, resulting in additional charges after the order is placed.
9.5 Delivery Appointments and Time Restrictions
Carrier appointments and delivery windows are estimates. Exact delivery times are not guaranteed. A narrower time window, weekend or holiday delivery, guaranteed service, prolonged waiting time, or delayed acceptance may require an additional fee. Standard delivery is generally Monday through Friday.
9.6 Buyer’s Delivery Responsibilities
- Accurate information. Provide a complete commercial delivery address, contact information, hours, dock status, access limitations, construction conditions, security requirements, and all requested services before shipment.
- Receiving personnel. Ensure that an authorized person is available to inspect, count, sign for, and unload the shipment during the carrier’s delivery window.
- Equipment and labor. Provide sufficient labor, forklifts, pallet jacks, dollies, and other equipment needed to unload and move the products safely.
- Site readiness. Ensure the site is accessible, open, safe, and ready to receive the shipment.
- Packaging. Remove and dispose of packaging, wrapping, pallets, and other delivery debris unless a separate service states otherwise.
9.7 Additional Carrier Charges
Buyer is responsible for carrier charges resulting from inaccurate or incomplete delivery information, undisclosed limited access, unavailable receiving personnel, refusal or delay, address changes, reconsignment, redelivery, detention, storage, special equipment, or services requested by Buyer. Such charges may be invoiced after delivery. A stored payment method will be charged for an additional amount only with separate authorization and as permitted by applicable law and card-network rules.
9.8 Address Changes, Rerouting, and Refused Delivery
Contact Superior Seating immediately to request a delivery-address or date change. Changes after shipment are often unavailable and may require carrier approval and additional fees. Buyer should not attempt to reroute a shipment directly with the carrier. Refusing delivery without documented material freight damage does not cancel the order and may result in return freight, redelivery, storage, restocking, and other charges.
9.9 Shipping Notices and Transit Time
We generally send shipment confirmation and tracking information within 24 to 48 hours after shipment. Transit commonly takes three to nine business days after shipment within the contiguous United States, but this is an estimate only. Superior Seating is not liable for carrier delays after shipment, including delays caused by weather, congestion, appointments, routing, labor, emergencies, or other events outside our reasonable control.
9.10 Split and Multi-Address Shipments
Orders may ship in multiple shipments from different locations and may arrive on different dates. Multi-address orders must be arranged with Superior Seating or placed as separate orders. Additional freight, handling, or coordination charges may apply.
9.11 Customer-Arranged Carriers
Buyer may arrange its own carrier for pickup with Superior Seating’s approval. Once products are tendered to Buyer’s carrier, Buyer is responsible for transportation, insurance, delay, loss, and damage claims. Superior Seating will reasonably cooperate with documentation requests but is not responsible for the acts or omissions of a carrier selected or controlled by Buyer.
9.12 Signature, Receiving, and Unattended Delivery
Common-carrier shipments require an authorized person to be present to inspect, count, and sign for the delivery. Carriers will not leave freight unattended, and Superior Seating does not authorize delivery without a signature. If Buyer instructs a carrier to leave freight without a signature or without inspection, Buyer does so at its own risk and waives related damage and shortage claims to the extent permitted by law. Missed deliveries caused by no available receiver may result in redelivery, storage, or detention charges.
9.13 Shipments to Canada and Cross-Border Orders
For shipments into Canada or other cross-border destinations, published freight rates cover transportation only and do not include customs brokerage, duties, taxes, or import fees, which are Buyer’s responsibility. Buyer must provide a customs broker before shipment; failure to do so may delay or cancel the order. Superior Seating will supply reasonable documentation to clear customs but is not the importer of record and is not responsible for customs delays, inspections, or charges assessed by the destination country.
9.14 Freight Forwarders and Third-Party Receivers
If Buyer directs delivery to a freight forwarder, third-party logistics provider, installer, or other intermediate receiver, Superior Seating’s shipping and inspection policies apply when the shipment is delivered to that receiver. Superior Seating is not responsible for damage, shortage, loss, or material differences occurring after that delivery or during onward movement arranged by Buyer. The receiver must satisfy Section 12 at first delivery. A clean receipt at that point is evidence that no visible damage or shortage was observed.
10. Customer Pickup
Pickup may be available from designated Superior Seating or supplier locations, including locations in New Jersey or Florida, depending on the order. Buyer must wait for written confirmation that the order is ready and follow the pickup appointment, identification, vehicle, loading, and safety instructions provided. Advance notice is required. Pickup hours and locations may change.
Buyer is responsible for providing a suitable vehicle, restraints, protective materials, and labor. Risk of transportation damage after the products are released to Buyer or Buyer’s carrier is Buyer’s responsibility. Buyer must inspect and count the products before leaving the pickup location and document any visible issue at that time.
11. Delayed Receipt and Storage
If Buyer is not ready to receive products when they are ready to ship, Superior Seating may attempt to accommodate a reasonable delay, subject to space and operational limits. Storage fees may apply after 30 days only if the applicable rate or method of calculation is disclosed to Buyer in writing.
For ready-to-ship orders that remain unclaimed or undeliverable for more than 90 days, Superior Seating may, after reasonable written notice, exercise remedies permitted by applicable law, including continued storage, relocation, resale, or other disposition where legally authorized. Buyer remains responsible for disclosed storage, handling, transportation, and other charges. Any credit or refund will be determined after deducting lawful, documented amounts and recognizing that Custom Products may have limited or no resale value.
12. Inspection, Freight Damage, Shortages, and Claims
12.1 Inspection at Delivery
Buyer must inspect the shipment before signing the delivery receipt whenever reasonably possible. Count the pieces, examine cartons and wrapping, and look for punctures, crushing, tears, wetness, broken pallets, exposed product, missing items, and other signs of damage. Any visible damage or shortage must be described specifically on the carrier’s delivery receipt or bill of lading before the driver leaves. Keep a copy.
12.2 If Full Inspection Is Not Possible
If the carrier does not allow enough time for a complete inspection, note on the delivery receipt that the shipment was not fully inspected and is subject to inspection, if the carrier permits that notation. A general statement such as “damaged” is less useful than a specific description. Do not sign a clean receipt when visible damage or shortage exists. If Buyer genuinely cannot open cartons to inspect at delivery, Buyer should sign the receipt as “subject to inspection for concealed damage” where the carrier permits, and then complete the inspection and provide any notice under Sections 12.3 and 12.4 within the 48-hour window. Signing a clean receipt without such a notation is treated as acceptance in apparent good condition.
12.3 Notice Within 48 Hours
Notify Superior Seating in writing within 48 hours after delivery of any freight damage, concealed damage, shortage, incorrect item, or apparent defect. Include the order number, affected item, delivery receipt, photographs of all sides of the product and packaging, labels, and a description of the issue. Keep all original packaging, pallets, and materials until the claim is resolved. This operational notice requirement does not shorten any nonwaivable statutory carrier-claim period or eliminate rights for latent manufacturing defects covered by an applicable warranty.
12.4 Concealed Damage
Some freight damage is not visible until cartons or crates are opened. Buyer should unpack and inspect all products as soon as reasonably possible after delivery, and in any event within the 48-hour notice window in Section 12.3. If concealed damage is discovered, stop unpacking further, retain all packaging and packing materials in the condition found, photograph the damage and the packaging, and notify Superior Seating in writing immediately so a concealed-damage claim can be filed with the carrier. Concealed-damage claims are time-sensitive and may be denied by the carrier if not reported promptly; Superior Seating cannot guarantee recovery on concealed damage reported after the carrier’s claim window.
12.5 Effect of Late or Incomplete Notice
Carrier claim rights can be lost when damage or shortage is not documented promptly. Except for latent manufacturing defects covered by an applicable warranty and rights that cannot lawfully be waived, failure to note visible damage or shortage at delivery or to provide written notice within 48 hours may result in denial or reduction of a claim to the extent the delay prejudices investigation or recovery. A signed clean delivery receipt is evidence that the shipment was received without visible damage or shortage.
12.6 Claim Handling
Freight damage, shortage, incorrect shipment, and manufacturing defect claims are not ordinary returns. Do not discard, use, repair, alter, install, or return affected products unless instructed. Depending on the facts and available remedies, Superior Seating may coordinate a carrier claim, provide parts, arrange repair, replace an item, issue a credit, authorize a return, or offer another reasonable resolution. A call tag or return label may be issued when appropriate. Resolution may require carrier or manufacturer inspection and is not guaranteed until the claim is validated.
12.7 Customer-Arranged Freight
For transportation arranged by Buyer, Buyer is responsible for making and pursuing the carrier claim. Superior Seating’s responsibility ends when the shipment is released in documented good order to Buyer’s carrier, except for verified manufacturing defects covered by warranty.
13. Cancellations, Returns, Refunds, and Final Sale
13.1 Custom Product Cancellations
Buyer may request cancellation before production begins. Once production has begun, Custom Products cannot be cancelled, changed, returned, or refunded unless Superior Seating expressly agrees in writing. Any approved refund may be reduced by disclosed payment processing fees and documented, nonrecoverable costs already incurred, except where the cancellation results from a confirmed Superior Seating error or law requires otherwise.
13.2 Quick-Ship Cancellations
A non-custom, quick-ship item may be cancelled before shipment only if Superior Seating confirms the cancellation. A 30% restocking fee applies. Disclosed payment processing fees may also be non-refundable to the extent permitted by law. If the item has already shipped, the request is handled under the return rules below and Buyer remains responsible for carrier charges incurred.
13.3 Eligible Returns
Only non-custom, quick-ship items may be considered for return. Buyer must contact Superior Seating within 14 days after delivery and obtain a written Return Merchandise Authorization (“RMA”) before sending anything back. Eligible products must be unused, unassembled, uninstalled, undamaged, complete, and in their original packaging, with all parts and labels. A 30% restocking fee applies to authorized returns of in-stock, non-custom items.
13.4 Non-Returnable Items
- Custom, made-to-order, modified, special-order, or customer-approved products;
- Products marked Final Sale, clearance, as-is, discontinued, sample, prototype, or non-returnable;
- Product samples and swatches where identified as non-returnable;
- Used, assembled, installed, altered, damaged, incomplete, or improperly packaged products;
- Products outside the 14-day request period; and
- Any item not authorized in writing for return.
13.5 Final Sale and As-Is Products
Final Sale products are sold “AS IS” and may include discontinued, overstocked, custom-built, clearance, showroom, sample, or imperfect merchandise. They are non-returnable and non-exchangeable. Unless a written product-specific warranty states otherwise, Final Sale products are sold without warranty to the fullest extent permitted by law. Buyer should review all disclosed conditions, specifications, materials, finishes, dimensions, and photographs before purchase.
13.6 Return Procedure and Refunds
The RMA will provide the return destination and instructions. Unauthorized returns may be refused. Buyer must follow the RMA and package the product to prevent damage. Approved refunds are processed after receipt and inspection and are reduced by applicable restocking fees, payment processing fees, missing-part or damage deductions, and shipping, accessorial, storage, or carrier charges already incurred, except to the extent the return results from a confirmed Superior Seating error or legal requirement. Refunds are generally issued to the original payment method when available.
13.7 Damaged, Defective, or Incorrect Products
Do not use the ordinary return process for freight damage, a manufacturing defect, or an incorrect shipment. Follow Section 12 and the warranty process so Superior Seating can preserve carrier and manufacturer rights and determine the appropriate remedy.
14. Limited Warranty
14.1 Coverage
Unless a product page, Order Document, or manufacturer warranty expressly provides a different period, Superior Seating warrants indoor and outdoor products against manufacturing defects in materials and workmanship under normal intended commercial use for one year from delivery. For metal products, covered manufacturing defects may include broken or fatigued welds. A product-specific written warranty controls for that product if it expressly differs from this section.
14.2 Remedy
For a validated warranty claim, Superior Seating may, at its option, repair the product, provide replacement parts, replace the product, or issue an appropriate credit or refund where repair or replacement is not commercially reasonable. The remedy may be fulfilled by Superior Seating or the manufacturer. Replacement products or parts may vary in color, finish, material, or design where the original is unavailable. The original warranty period is not restarted by repair or replacement unless required by law.
14.3 Claim Procedure
Contact Superior Seating with the order number, product identification, date the issue appeared, description of use, and clear photographs or video. Do not return, discard, alter, or repair the product without written authorization. We may request additional information or inspection. Buyer is responsible for reasonable cooperation and for making the product accessible for evaluation.
14.4 Exclusions
- Normal wear, aging, fading, patina, minor variation, or cosmetic change;
- Misuse, abuse, accident, vandalism, impact, overloading, or use outside the intended commercial application;
- Improper assembly, installation, anchoring, maintenance, care, cleaning, repair, alteration, or third-party service;
- Indoor products used outdoors or products exposed to harsh, corrosive, coastal, chemical, high-heat, high-moisture, or other unsuitable environments;
- Damage caused by flooring conditions, uneven surfaces, building movement, site conditions, or failure to use appropriate glides or protectors;
- Freight damage, which must be handled under Section 12;
- Customer-supplied materials, customer specifications, or third-party components, except to the extent the defect was caused by Superior Seating’s workmanship;
- Natural material characteristics and commercially reasonable production tolerances; and
- Labor, installation, removal, reinstallation, loss of use, business interruption, or other consequential costs.
14.5 Disclaimer of Other Warranties
TO THE FULLEST EXTENT PERMITTED BY LAW, THE EXPRESS WARRANTIES IN THIS SECTION AND ANY APPLICABLE PRODUCT-SPECIFIC WRITTEN WARRANTY ARE THE EXCLUSIVE WARRANTIES. SUPERIOR SEATING DISCLAIMS ALL OTHER EXPRESS OR IMPLIED WARRANTIES, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. ANY DISCLAIMER OF MERCHANTABILITY OR FITNESS APPLIES ONLY TO THE EXTENT IT IS CONSPICUOUS AND LAWFUL. RIGHTS THAT CANNOT LAWFULLY BE DISCLAIMED ARE NOT AFFECTED.
15. International Orders and Export Compliance
Superior Seating may ship to Canada and may consider other destinations by written quote. International pricing, freight, brokerage, duties, taxes, permits, customs charges, and delivery requirements vary by destination and are Buyer’s responsibility unless an Order Document expressly states otherwise. International delivery times are estimates and may be affected by customs and local carriers. Payments are primarily accepted in U.S. dollars.
Buyer must comply with United States export controls, sanctions, and destination-country laws. Buyer may not export, re-export, transfer, or use products in violation of applicable law or provide them to prohibited persons, entities, or destinations.
16. User Content and Intellectual Property
16.1 Superior Seating Content
The website and its text, photographs, graphics, videos, product descriptions, layouts, software, trademarks, logos, CAD files, drawings, and other content are owned by or licensed to Superior Seating and are protected by intellectual-property laws. Except for reasonable internal purchasing and project-planning use, you may not copy, publish, distribute, modify, create derivative works from, sell, or commercially exploit this content without written permission.
16.2 Submissions
If you submit content specifically for publication as a review, testimonial, case study, installation feature, or marketing submission, you represent that you have the rights and permissions needed to submit it and grant Superior Seating a nonexclusive, worldwide, royalty-free license to use, reproduce, adapt, display, distribute, and promote that submission in connection with our business, subject to applicable privacy law and written restrictions accepted by Superior Seating. Photographs, video, drawings, or other materials submitted only for a quote, order, damage claim, warranty claim, or customer support are not licensed for public marketing use without separate permission. You retain ownership of your original content.
16.3 Customer Specifications and Third-Party Rights
Buyer represents that any logo, artwork, design, material, or specification supplied for an order may lawfully be used by Superior Seating. Buyer is responsible for third-party intellectual-property claims arising from Buyer-supplied content or instructions.
17. Third-Party Services and Links
The website may link to or integrate with carriers, financing providers, payment processors, review platforms, mapping tools, social networks, or other third parties. Their services are governed by their own terms and policies. Superior Seating is not responsible for third-party websites, approvals, outages, decisions, content, or conduct, except as required by law.
18. Disclaimers
THE WEBSITE, DIGITAL TOOLS, GENERAL INFORMATION, AND NON-WARRANTY SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” TO THE FULLEST EXTENT PERMITTED BY LAW, SUPERIOR SEATING DOES NOT WARRANT THAT THE WEBSITE WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR COMPLETE, OR THAT GENERAL INFORMATION WILL BE CURRENT FOR EVERY PRODUCT OR APPLICATION.
Superior Seating is not responsible for typographical errors, outdated content, incorrect third-party data, differences between digital images and physical materials, or Buyer’s reliance on general recommendations rather than an accepted Order Document, sample, professional review, or site verification.
TO THE FULLEST EXTENT PERMITTED BY LAW, BUYER RELEASES AND DISCHARGES SUPERIOR SEATING LLC AND ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS, AND CONTRACTORS FROM CLAIMS, DEMANDS, LOSSES, LIABILITIES, AND DAMAGES, WHETHER KNOWN OR UNKNOWN, ARISING OUT OF OR RELATING TO THE USE OF THE WEBSITE OR THE PURCHASE, POSSESSION, INSTALLATION, OR USE OF PRODUCTS. THIS RELEASE DOES NOT APPLY TO EXPRESS WRITTEN WARRANTIES, DELIVERY OF NONCONFORMING GOODS, FRAUD, GROSS NEGLIGENCE, WILLFUL MISCONDUCT, DEATH OR PERSONAL INJURY CAUSED BY NEGLIGENCE, OR ANY RIGHT OR LIABILITY THAT CANNOT LAWFULLY BE WAIVED.
19. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, SUPERIOR SEATING AND ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS, AND CONTRACTORS WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES; LOST PROFITS, REVENUE, BUSINESS, USE, GOODWILL, OR DATA; PROJECT DELAY; LOSS OF CUSTOMERS; OR COSTS OF SUBSTITUTE GOODS, LABOR, INSTALLATION, REMOVAL, REINSTALLATION, OR BUSINESS INTERRUPTION, EVEN IF ADVISED THAT SUCH DAMAGES WERE POSSIBLE.
To the fullest extent permitted by law, Superior Seating’s total liability arising from a product, service, order, or claim will not exceed the amount Buyer paid to Superior Seating for the specific product or service giving rise to the claim. The exclusions and cap do not apply to fraud, gross negligence, willful misconduct, death or personal injury caused by negligence, or any liability that applicable law does not permit the parties to exclude or limit.
20. Indemnification
Buyer will defend, indemnify, and hold harmless Superior Seating and its affiliates, officers, employees, agents, suppliers, and contractors from third-party claims, damages, liabilities, judgments, costs, and reasonable attorneys’ fees arising from Buyer’s unlawful website use; unauthorized account activity caused by Buyer’s failure to secure credentials; Buyer-supplied designs, materials, content, or specifications; improper installation, modification, maintenance, or use; violation of law; or material breach of these Terms. Superior Seating will give reasonable notice of a covered claim and permit Buyer to control the defense with counsel reasonably acceptable to Superior Seating, but Buyer may not settle a claim in a manner that admits fault by, imposes non-monetary obligations on, or fails to fully release Superior Seating without written consent. This obligation does not apply to the extent a claim was caused by Superior Seating’s gross negligence, willful misconduct, or liability that cannot lawfully be excluded.
21. Force Majeure
Superior Seating is not liable for delay or failure caused by events beyond its reasonable control, including severe weather, natural disaster, fire, flood, epidemic, pandemic, labor shortage or dispute, carrier disruption, port congestion, supplier failure, material shortage, utility or internet outage, cyberattack, governmental action, war, terrorism, civil unrest, embargo, customs delay, or transportation interruption. We may extend timeframes, allocate available products or materials, suspend performance, offer alternatives, or cancel an affected portion and refund the amount paid for that portion.
22. Dispute Resolution and Governing Law
22.1 Informal Resolution
Before filing a lawsuit, Buyer and Superior Seating agree to make a good-faith effort to resolve the dispute. The complaining party must send written notice describing the order or transaction, the relevant facts, the legal or contractual basis of the claim, and the requested resolution. The parties will allow at least 30 days for review and will participate in a telephone or video conference if reasonably requested. This process does not prevent either party from seeking emergency injunctive relief or preserving a claim before a limitations period expires.
Payment Disputes and Chargebacks. Before initiating a chargeback, payment reversal, or card-network dispute concerning an authorized transaction, Buyer agrees to contact Superior Seating LLC in writing, provide reasonable supporting information, and allow at least ten business days for Superior Seating LLC to investigate and propose a resolution. This requirement does not apply to a genuinely unauthorized or fraudulent transaction, an urgent deadline imposed by the payment provider, or any right that cannot lawfully be limited. Initiating a chargeback does not cancel an order, constitute an authorized return, or relieve Buyer of payment obligations that are ultimately determined to be valid.
22.2 Governing Law and Venue
These Terms and transactions with Superior Seating are governed by the laws of the State of New Jersey, without regard to conflict-of-law principles. Unless the parties agree otherwise in writing or applicable law requires a different forum, any court proceeding must be brought in the state courts located in Union County, New Jersey, or the federal courts serving that county, and each party consents to personal jurisdiction and venue there.
22.3 Mutual Waiver of Jury Trial
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, SUPERIOR SEATING LLC AND BUYER EACH KNOWINGLY, VOLUNTARILY, INTENTIONALLY, AND IRREVOCABLY WAIVE ANY RIGHT TO A TRIAL BY JURY IN ANY ACTION, SUIT, CLAIM, COUNTERCLAIM, OR PROCEEDING, WHETHER BASED IN CONTRACT, TORT, STATUTE, OR OTHERWISE, ARISING OUT OF OR RELATING TO THE WEBSITE, THESE TERMS, ANY QUOTE, ORDER, ORDER DOCUMENT, PRODUCT, SERVICE, DELIVERY, OR THE BUSINESS RELATIONSHIP BETWEEN THE PARTIES. ANY SUCH DISPUTE THAT PROCEEDS IN COURT WILL BE DECIDED BY A JUDGE AND NOT BY A JURY.
23. Changes to These Terms
We may update these Terms by posting a revised version with a new “Last Updated” date. Changes apply prospectively to website use and transactions accepted after the effective date. Material changes will not retroactively alter an accepted order unless agreed in writing or required by law.
24. Miscellaneous
24.1 Entire Agreement
These Terms and the applicable Order Documents constitute the entire agreement concerning the transaction and replace prior or contemporaneous statements on the same subject, except for fraud or a separate written agreement signed by an authorized Superior Seating representative.
24.2 No Waiver; Severability
A failure to enforce a provision is not a waiver. If a provision is held invalid or unenforceable, it will be enforced to the maximum lawful extent and the remaining provisions will continue in effect.
24.3 Assignment
Buyer may not assign an order or these Terms without Superior Seating’s written consent. Superior Seating may assign its rights and obligations in connection with a merger, reorganization, sale of assets, financing, or transfer to an affiliate or successor.
24.4 Electronic Communications and Signatures
Buyer consents to receiving transaction notices electronically and agrees that electronic acceptance, signatures, approvals, and records satisfy legal writing and signature requirements to the extent permitted by law.
24.5 Headings and Interpretation
Headings are for convenience only. “Including” means “including without limitation.” A provision will not be interpreted against a party merely because that party drafted it.
25. Contact Information
Superior Seating LLC
721 Boulevard
Kenilworth, New Jersey 07033
Phone: 866-213-2401
Email: sales@superiorseating.com
Business Hours: Monday-Friday, 9:00 a.m.-5:00 p.m. Eastern Time
