Sales Agreement

Acceptance and Authorization: By purchasing products from Old Creek Wall Bed Factory LLC., you agree that this Agreement constitutes the complete and exclusive statement of the agreement between the parties concerning the sale, manufacture and delivery of wallbeds and other furniture and may only be amended in writing. This Agreement expressly supercedes all prior written or verbal agreements or representations made by Old Creek Wallbed Factory, LLC, You or anyone else. You agree that there are no oral or written representations or inducements, express or implied, in any way conditioning this Agreement and you expressly disclaim their existence.

Return Policy: At Old Creek we want you to be perfectly satisfied with your Murphy Bed. If you’re not, simply call us and we’ll gladly return your money and adjust your order based on our return policy detailed below.

Please note that this return policy does not apply to orders with custom modifications. Due to the nature of custom orders, they are not returnable.

Prices: Prices are in US dollars. Prices are effective as of February 14, 2007, and are subject to change without notice.

Payment: Accepted in U.S. dollars only. The total purchase price (including shipping cost) is required at the time of the order. VISA, MasterCard, American Express and Discovery cards are accepted.

U.S. Sales Tax: As an online retailer with only one showroom in Oregon, you are exempt from paying sales tax on orders placed with us - no matter which state you live in. It is agreed that the sale is complete within the State of Oregon.

Shipping and Handling (U.S.A.): All shipments are FOB shipping point, Corvallis, Oregon. Your built-to-order wall bed will be ready for shipment in approximately 3 to 5 weeks. The 3-5 week production time is an estimate only and is subject to change at any time. Delays in manufacturing of your furniture may occur which will extend the estimated completion date. Old Creek Wallbed Factory does not guarantee that your furniture will be ready for shipment within the 3-5 week estimated manufacturing period. Old Creek Wallbed Factory, LLC is not responsible for delays in the manufacture of your furniture.

Standard shipping time is approximately 3-5 days. Shipping rates include one wall bed, and up to two side towers (contiguous 48 states only). Any ancillary incurred during transportation are billed COD to the customer. Shipping rates vary depending on the furniture purchased and the delivery method.

Shipping and Handling (Non-contiguous US and International): All shipments are FOB shipping point, Corvallis, Oregon. For orders placed from Alaska, Hawaii, and Canada, materials are shipped with charges billed at cost.

Installation: We do not perform installation. We will provide you with an installation manual which directs you in the installation of your wall bed. If you wish to have the wall bed installed for you, we have a number of preferred vendors across the US that have been trained in installing our wall beds. Please contact our Customer Service department at: 1(800)975-8451 or sales@ wallbedfactory.com for a list of preferred vendors in your area. You will be responsible for paying the preferred vendor to install your wallbed. We are not responsible for any damages to your wallbed that occur during installation or as a result of installation, either by you or a preferred vendor.

Mechanism Warranty: The air piston mechanism is guaranteed by the manufacturer for 10 years. If you have a mechanism problem during the 10 year warranty period, contact our info.htmlCustomer Service department at: 1(800)975-8451 or cs@wallbedfactory.com and we will send a replacement to you at no charge. This warranty is provided by the manufacturer of the air piston mechanism and not by Old Creek WallBed Factory, LLC. Mattress Warranty: Mattresses come with a 10 year manufacturer's warranty. For the first year after purchase, Old Creek will, at its option, repair or replace the mattress or foundation with any manufacturing defect, other than cover, without charge, exclusive of transportation costs. Thereafter, repair or replacement will be at a percentage of the purchase price (based on warranty length), times the total number of years owned, plus transportation costs. Contact our Customer Service department at: 1(800)975-8451 or sales@wallbedfactory.com if your mattress is defective. This warranty is provided by the manufacturer of the mattress and not by Old Creek WallBed Factory, LLC. This warranty does not apply if bedding is subjected to misuse or abuse, including bends, stains, burns, tears, and improper care. Human soiling or stains negates the warranty. Consumers are advised to use protective mattress pads.

LIMITED WARRANTY AND DISCLAIMER OF WARRANTY:
EXCEPT AS SPECIFICALLY PROVIDED HEREIN, OLD CREEK WALLBED FACTORY, LLC MAKES NO WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, CLAIMS OR REPRESENTATIONS WITH RESPECT TO THE GOODS OFFERED FOR SALE, INCLUDING WARRANTIES OF QUALITY, PERFORMANCE, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE, NOR ARE THERE ANY WARRANTIES CREATED BY COURSE OF DEALING, COURSE OF PERFORMANCE OR TRADE USAGE. OLD CREEK WALLBED FACTORY, LLC DOES NOT WARRANT THAT THE GOODS SOLD WILL MEET PURCHASER'S NEEDS OR BE FREE FROM ERRORS AND DEFECTS. THE FOREGOING EXCLUSIONS AND DISCLAIMERS ARE AN ESSENTIAL PART OF THIS AGREEMENT. OLD CREEK WALLBED FACTORY, LLC WILL NOT BE LIABLE TO PURCHASER OR ANY THIRD PARTY FOR ANY INDIRECT, SPECIAL, PUNITIVE, CONSEQUENTIAL, OR INCIDENTAL DAMAGES, WHETHER BASED UPON A CLAIM OR ACTION OR CONTRACT, WARRANTY, NEGLIGENCE, STRICT LIABILITY, OR OTHER TORT, BREACH OF ANY STATUTORY DUTY, INDEMNITY OR CONTRIBUTION, OR OTHERWISE, EVEN IF OLD CREEK WALLBED FACTORY, LLC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

IN THE CASE OF NONCONFORMING GOODS, PURCHASER'S REMEDY IS LIMITED TO THE RETURN OF THE GOODS AND REPAYMENT OF THE PRICE OR THE REPAIR AND REPLACEMENT OF NONCONFORMING GOODS OR PARTS.

SOME STATES DO NOT PERMIT LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER LEGAL RIGHTS WHICH VARY FROM STATE TO STATE.

Miscellaneous Provisions:

1. Definitions: "You" or "Your" means the customer identified above. "We" means Old Creek Wallbed Factory, LLC. "Agreement" means the Sales Agreement and this Purchase Order.
2. Your Responsibilities: You agree to pay Old Creek Wallbed Factory, LLC according to the terms and conditions of this Agreement. You agree to facilitate the delivery and installation, if using a preferred vendor, of your furniture. You agree that any claims against Old Creek Wallbed Factory, LLC under this Agreement shall be made to Old Creek Wallbed Factory, LLC within thirty (30) calendar days of the date of delivery of your furniture. YOU ASSUME THE RISK AND FULL LIABILITY OF PHYSICALLY ASSISTING WITH DELIVERY AND/OR INSTALLATION.
3. Attorney Fees: In the event of any litigation arising under this Agreement, the prevailing party shall recover from the losing party the prevailing party's reasonable attorney fees at trial or on appeal as adjudged by the trial or appellate court.
4. Non-liability for Delay: Neither party shall be liable for any failure or delay in performance of this Agreement (other than a delay in the payment of money due and payable hereunder) to the extent such failure or delays are due to causes beyond that party's reasonable control and occurring without its fault or negligence, or by the failure of the other party to substantially meet its performance obligations under this Agreement, provided that, as a condition to the claim of non-liability, the party experiencing the difficulty shall give to the other party prompt written notice specifying the cause of the delay.
5. Non-waiver: No waiver of any right or consent to any breach shall constitute a waiver of any other right or consent to any other breach.
6. Severability: The provisions of this Agreement are deemed severable, and the invalidity or unenforceability of any provision shall not affect or impair the validity of the remaining provisions.
7. Governing Law: This agreement shall be governed by the laws of the State of Oregon and the United States without regard to principles of conflicts of law.