By submitting an Application for a Customer Account, Applicant agrees to be bound to and comply with the Terms and Conditions which apply to Customer's relationship with Elements International Group, LLC, a Texas Limited Liability Company, (herein referred as "Elements") and any Account opened by Customer with Elements.

1. Applicability. Your Customer Application, your Customer Account, and any quotes, confirmation of sale documents and invoices from Elements and with or to you, the Applicant, shall be governed by and subject to the Terms and Conditions of this Agreement. Elements and Applicant are sometimes referred to as "Parties." An Applicant who/which is approved for a Customer Account shall be referred to herein as a "Customer". This Agreement applies to both Applicants and Customers. This Agreement, comprised of these Terms and Conditions, shall comprise the entire agreement between the Parties, and this Agreement supersedes all prior or contemporaneous communications, understandings, agreements, negotiations, representations and warranties between the Parties. The Terms and Conditions of this Agreement take precedence over any general terms and conditions of a purchase order placed by Applicant/Customer with Elements, regardless of when Applicant/Customer has submitted a purchase order.

2. Payment. Payment terms are net 30 days from Customer's receipt of goods, or sooner as may be required by applicable law or as specified in an invoice or purchase order. Late payments shall accrue a finance charge of one and one-half percent (1 1/2%) per month or the highest rate allowable by law, whichever is less. Elements shall be entitled to recover all costs and expenses, including reasonable attorneys' fees and costs of court, resulting from Customer's failure to make all payments due to Elements in a timely manner.

3. Taxes. Customer is responsible for payment of all taxes and duties of any nature whatsoever related to purchases from Elements, including any local, state and federal taxes. Customer agrees to indemnify and hold Elements harmless from any and all costs and expenses associated with any levy or attempted levy of any such taxes on Elements.

4. Credit Discretion. Notwithstanding any term or condition herein to the contrary, these Terms and Conditions shall not be construed as imposing any obligation on the part of Elements to furnish credit to Customer in any amount, and Elements in its sole discretion, may terminate or limit credit privileges of an Applicant or a Customer without prior notice to Applicant or Customer. The exercise of this discretion shall be in addition to any other right or remedy which Elements may have pursuant to applicable law.

5. Invoices. All payments for materials and goods furnished by Elements shall be made by Customer upon the basis of materials and goods delivered (or picked up) as shown by Elements' purchase order, whether signed by Customer or not. For material and goods purchased, Customer will receive invoices from Elements showing the materials delivered and the amount of payment that is due to Elements. Failure on the part of Customer to dispute in writing the accuracy of any invoice within twenty (20) days of the initial receipt of the invoice shall constitute Customer's agreement to the correctness of the invoice and acceptance of the materials covered by the invoice. Payment to Elements shall be due pursuant to the invoice payment due date and is not contingent upon, or subject to, Applicant's receipt of payment or approval from any third party.

6. Time. If Elements agrees to deliver goods to Customer, Elements shall make reasonable efforts to deliver the goods by the specified delivery date and shall provide notice to Customer of any expected delays in delivery. Elements is not responsible for failure to supply materials due to labor disputes, repairs to machinery, fire, flood, adverse weather conditions, inability to obtain transportation, fuel, electric power, or operating materials or machinery at reasonable cost; or by reason of any other cause beyond Elements' control, including the inability to produce materials meeting any applicable specification or requirement. In the event any such contingency should occur, Elements reserves the right, in its sole discretion, to determine the order of priority of delivering to its purchasers.

7. Modification. No amendment or modification of the Terms and Conditions of this Agreement shall be valid or enforceable unless in writing and signed by both of the Parties, and no prior or current course of dealing between the Parties, or any usage of trade or custom of the industry shall modify or supplement the Terms and Conditions of this Agreement.

8. Applicable Law. This Agreement, and the Terms and Conditions, rights, duties, obligations, and remedies set forth herein shall be governed by or construed in accordance with the laws of the State of Texas. The Parties agree to submit any disputes arising out of or in connection with this Agreement to the exclusive jurisdiction of the courts of Dallas County, Texas.

9. Binding Agreement. This Agreement shall inure to the benefit of the successors and assigns of Elements, and shall be binding upon Customer's heirs, legatees, devisees, personal representatives, successors and assigns.

10. Accuracy of Information. Customer certifies, represents and warrants that any and all information now or hereafter supplied to Elements by Customer, or at the Element's request or instruction, is accurate and complete, and Customer will, upon request, establish the accuracy and completeness of any such information. Customer shall promptly notify Elements if Customer should change its name and address or begin to do business under any other name. Customer shall promptly notify Elements if such change occurs.

11. Credit Experience Reporting. Customer hereby acknowledges Elements may report its credit experience with Customer, including Customer's payment history, account balances, and other information, to a credit reporting agency. The credit reporting agency will make this information, as well as information received by other creditors of Customer, available to the public. Elements will use commercially reasonable efforts to ensure that its reporting, as it pertains to Customer's credit experience, is accurate and complete. Elements will also work in good faith with Customer to correct any incorrect information reported by Elements. Customer acknowledges, affirms, and agrees that Elements will not be liable to Customer for any type of damages, claims, costs, allegations, assertions, actions, liabilities, costs or expenses stemming from Elements reporting of Customer's credit experience to a credit reporting agency. Applicant's sole remedy in the event of incorrect information is to request that Elements work in good faith to submit corrected information to the applicable reporting agency.

12. Product Spare Parts. Elements will FIRST provide spare parts to resolve any damages or defects. Requests are generally processed and shipped via ground service within 2-3 business days, if the requested spare parts are in stock. Fees may apply for shipping if a product was damaged or lost by Customer and/or a purchaser from Customer. The following items must be submitted via the online Parts Request Form or to parts@elementsgrp.com: 1) Elements SKU number or Group Name and Description 2. Description of Spare Part needed 3. Attach photos or mark spare part needed on Assembly Instructions 4. Attention to, shipping address, and phone number.

13. Credit or Replacement Request Procedures. It is required for customers to follow the below for credit or replacement review, based on the Elements invoice price. If the below is not provided with request, coverage for damaged product lies with the retail purchaser. The below items must be submitted to chargebacks@elementsgrp.com before a claim will be reviewed: 1. The Elements SKU number or Group Name and Description 2. A brief description of the issue and desired resolution (credit or replacement) 3. Elements Invoice or Customer Purchase Order number from the original order 4. Clear, visible photos of the damaged product. Domestic Damage claims must be reported within 15 days from receipt of goods; Container Damage claims must be reported within 60 days from receipt of goods. Domestic water or mold damage claims reported within 3 days from receipt of goods; Container water and mold damage claims must be reported within 10 days from receipt of goods. Please note for all water and mold claims, photos of the hole in the container are required to review for credit or replacement. Elements will review, within 1 year from the Elements Invoice date, reasonable service and repair fees, up to 50% of the item's original invoice price.

14. Freight Claims Procedures. If the order was shipped by your carrier and under your account, Elements will NOT be responsible for filing a claim with the carrier if products are lost or damaged in transit.

If Elements schedules the order with a carrier and charges you freight, Elements will then be responsible for filing a claim with the carrier if products are lost or damaged in transit. Domestic carrier claims must be reported within 3 days from receipt of goods; Container carrier claims must be reported within 10 days from receipt of goods. To consider a claim of this nature, it is MANDATORY for your receiving department to mark on the carrier's copy of the Proof of Delivery (POD) stating the product was received damaged.

15. Returns. Elements does not allow item returns. If an issue occurs upon delivery: accept delivery, take photos of the damaged product, and notate discrepancies on the POD. Once the discrepancy is notated and photos are taken, send all information to our Chargebacks Department at chargebacks@elementsgrp.com, and our team will respond with a resolution.

16. Credits on Account. If and when an account has unapplied credits that are over 60 days and customer has not used their credit, it will be automatically applied to the next oldest open invoice on the account without any notification.

ELEMENTS MAKES NO WARRANTIES, EXPRESS OR IMPLIED, AND SPECIFICALLY MAKES NO WARRANTY OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE ON ANY PRODUCTS SOLD TO CUSTOMER. ANY DEFECTS CAUSED BY IMPROPER USE, DESIGN, INSTALLATION, OR MAINTENANCE VOID ANY AND ALL WARRANTIES EXPRESSED OR IMPLIED, AND DAMAGES WHICH EXCEED THE INVOICE PRICE OF ANY MATERIALS WHICH ARE DETERMINED TO BE DEFECTIVE OR NON-CONFORMING.

Customer hereby states that all the information provided herein is true and correct and Customer has read and hereby agrees to all of the terms and conditions set forth in this Agreement.

Product Photography Policy

The below policy has been established by Elements International Group, LLC to outline the requirements for Image Requests of special order, direct only products.  Failure to submit requests through the Image Request Form linked on our website, within the allotted time frame may result in the inability to obtain images needed by the purchaser in which case Elements International Group, LLC will not be responsible. 

Elements Product on order for the Texas, Malaysia, or Vietnam Warehouses will automatically be ordered.  No additional requests are needed.

Submitting an Image Request

• To request photography for DIRECT ONLY items, complete the Image Request Form located on the “Retailer Support” tab of the Elements website. Requests received by email will not be processed as there are specific items needed to accurately fulfill a request.
• Image requests are time sensitive and must be submitted no later than 3 weeks prior to the container ship date. Failure to submit the request within this time frame will result in the inability to obtain the images and will be the responsibility of the purchaser.
• Photography requests are at the discretion of the Marketing Department and will not be filled if existing images are available and sufficient for marketing material.
• Photography is subject to product availability and will be shot in conjunction with production.
• In general, photography will be received 2-3 weeks after the container ship date but may take longer.
• A maximum of 1 Lifestyle per collection and 2 Silos (Front & Angled) per piece will be captured.  
• Image assets will be formatted to 2000x2000 pixels as JPG files with 300DPI. 
• Elements owns all image assets and reserves the right to distribute assets as seen fit. 

Obtaining Requested Images

• Once available, all images will be available for download in your My|FurnishWeb portal.
  • Note: You will receive details by email to setup your account on My|FurnishWeb once this application has been reviewed and processed.
• Notification of image completion will be sent to the email provided in the Image Request Form. 
• Images will NOT be distributed via email. 

For questions regarding our Image Request policy, please contact marketing@elementsgrp.com.

ELECTRONIC SIGNATURE (E-SIGN) AND UNIFORM ELECTRONIC TRANSACTIONS ACT (UETA) DISCLOSURE AND CONSENT POLICY ("E-SIGN AND CONSENT")

This E-SIGN Disclosure and Consent Policy is provided by Elements International Group, LLC ("Elements") in compliance with the Electronic Signatures in Global and National Commerce Act, 15 USC §7001, et seq. ("E-SIGN Act") and the Uniform Electronic Transactions Act, as adopted by the various States.

Capitalized terms used in this E-Sign Disclosure and Consent Policy have the meaning set forth in the Agreement between you and Elements (the "Agreement") or Terms and Conditions to which this E-Sign Disclosure and Consent Policy is attached, except the words "You" and "Your" refer to the particular Person or Entity entering into or agreeing to the Agreement or Terms and Conditions.

This Policy specifically relates to any Customer Application and Agreement between Elements and you including, without limitation, any Application by you for credit with Elements, any Customer Agreement between you and Elements, and any purchase orders and invoices between you and Elements. This Policy pertains to the use of electronic signatures and the use and storage of "electronic records" as defined in the E-SIGN Act. This policy describes how Elements delivers communications to you electronically. Elements may amend this policy at any time by posting a revised version on the Elements Website. The revised version will be effective when posted by Elements. If the revised version includes a substantial change, Elements will provide you with thirty (30) days' prior notice by posting a notice of the change on the Website.

Electronic Delivery of Communications
By submitting a Customer Application to Elements and/or entering into a Customer Agreement with Elements, you accept and agree to the terms of this Policy, expressly agree to electronically sign agreements with Elements and to bound to your electronic signatures, and you agree and consent to receive electronically all communications, agreements, notices, documents and disclosures relating to your Customer Application, Customer Agreement and any purchase orders or invoices from Elements (collectively, "Communications"). Communications include agreements and policies you agree to (for example, and not by way of limitation, the Customer Agreement and any Privacy Policy of Elements), including updates to these agreements or policies; annual disclosures; transaction receipts or confirmations; statements and transaction history; and any other transaction information or other information related to a Customer Agreement, purchase orders, invoices or the Elements website.

Elements may provide Communications to you by posting them on an account on the Elements Website and/or by emailing them to you at the primary email address designated by you in the Customer Application.

Hardware and Software Requirements
In order to access and retain electronic Communications, You will need the following computer hardware and software: a computer with an Internet connection; current "web browser" that includes 128-bit encryption with cookies enabled; a current version of Adobe Acrobat Reader to open documents in pdf format; a valid email address (the primary email address designated by you in the Customer Application Form); and sufficient storage space to save past Communications or an installed printer to print them.

Elements will notify you if there are any material changes to the hardware or software needed to receive electronic Communications from Elements. By giving Your consent, you are confirming that you have access to the necessary equipment and are able to receive, open, and print or download a copy of any Communications for your records. You may print or save a copy of these Communications for your records as they may not be accessible online at a later date.

How to Withdraw Your Consent
You have the right to withdraw your consent to receive future electronic Communications from Elements at any time. However, by submitting a Customer Application to Elements, you agree that your electronic signature to the Customer Application and Customer Agreement are binding on you and will remain binding on you absent an express written agreement otherwise between you and Elements. To withdraw consent to receive future electronic communications, you may send a written request (a) by regular mail to Elements at 2250 Skyline Drive, Mesquite, TX 75149, (b) by email to customerservice@elementsgrp.com. If consent is withdrawn, Elements reserves the right to discontinue your access to the Website, terminate any and all agreements with you, and/or charge you additional fees for paper copies.

Requesting Paper Copies of Electronic Communications
Elements will not send Communications or documents to you by paper mail once you consent to receive Communications electronically, if you would like a paper copy of any Communication that Elements previously sent you, you may request a copy within one hundred eighty (180) days of the date that Elements provided the Communication to you by contacting Elements as described above. In order for Elements to send paper copies to you, you must have a current street address on file with Elements as your primary mailing address.

Updating Your Contact Information
You are responsible for keeping your primary email address on file with Elements up to date so that Elements can communicate with you electronically. You understand and agree that if Elements sends you an electronic Communication but you do not receive it because your primary email address on file is incorrect, out of date, blocked by your Internet service provider, or you are otherwise unable to receive electronic Communications, Elements still will be deemed to have provided the Communication to you.

If you use a spam filter or other technology that blocks or re-routes emails from senders not listed in your email address book, you must add Elements to your email address book so that you will be able to receive the Communications that Elements sends to you.

You can update your primary email address or street address at any time by sending the updated information (a) by regular mail to Elements at 2250 Skyline Drive, Mesquite, TX 75149, (b) by email to customerservice@elementsgrp.com. If Your email address becomes invalid such that electronic Communications sent to you by Elements are returned, Elements reserves the right to discontinue your access to the Customer Portal of the Elements Website, terminate any and all agreements with you, and/or deem any and all of your accounts with Elements as "inactive."