Information, Terms and Conditions

Price List Effective June 1, 2001

Prices are suggested list., F.O.B. Bay Concepts Inc., Oakland, California. Seating and tables are plastic covered, ready for blanket wrapped shipment. See below for shipping zones.

LIMITED WARRANTY
Bay Concepts, Inc. (BCI) warrants to the original purchaser, that each piece of BCI furniture will be free from defects in workmanship given normal use and care for a period of seven years service. Mechanisms, pneumatic lifts and casters are warranted to be free from defects in materials and workmanship for a period of three years from the date of initial shipment.

Bay Concepts, Inc. will repair or replace at our option any part or parts of the warranted product found to be defective within the terms of the warranty. Notify BCI along with proof of purchase.

The return of products will not be accepted without the prior written approval of BCI. All returned products must be protected to prevent damage in transit, and shipped prepaid. BCI is not responsible for the shipping cost of products returned to the BCI facility.

This warranty does not extend to damage occurring after shipment by BCI. No warranty is extended to any material or component part not supplied by BCI. No warranty is made as to the permanence of colors or finishes nor with respect to the wearing qualities of coverings. Incidental and/or consequential damages are specifically excluded from this warranty, except where such exclusion is specifically prohibited by law. BCI makes no warranty whatsoever, expressed or implied, of merchantability for any particular purpose, or any warranty not expressly provided for herein. This warranty shall not apply and shall be of no force or effect if the products otherwise covered by this warranty are (1) modified or altered by any person in any way; (2) repaired by any person not specifically authorized in writing by BCI; (3) subjected to abuse; or (4) misused. This warranty shall apply only to the purchaser of BCI or a BCI dealer, and not to any subsequent user or transferee of the products. The rights hereunder may not be assigned or transferred. The terms and conditions of this warranty may not be altered or modified except by an instrument in writing, and signed by an executive officer of BCI.

CLAIMS FOR DAMAGE IN TRANSIT
Inspect all products at the time of delivery and note any damage on the face of the bill of lading. Have the truck driver sign and acknowledge the damage.

For merchandise shipped F.O.B. factory, claims for damage in transit must be filed immediately by the purchaser with the carrier. BCI assumes no liability for any such damage.

For merchandise damaged in transit by United Parcel Service (UPS), report the damage immediately to UPS and ask them for inspection. Notify BCI at once, stating the details of the damage. Confirm in writing so BCI can immediately file a claim. Without such information and notification, BCI assumes no liability for any such claim.

PRODUCT DESIGN
Bay Concepts, Inc. reserves the right to make changes in design and construction or discontinue products without prior notice.

ENVIRONMENTAL POLICY
BCI carefully complies with all governmental mandates regulating environmental and pollution standards. Separately, BCI has instituted practices and procedures that exceed these governmental standards and address local pollution and recycling issues. BCI distributes waste materials to eco-friendly businesses and local artisans to be reused in socially responsible ways. Also, significantly, BCI uses no wood from rain forests or other environmentally sensitive areas, or from threatened species of wood, in the manufacture of our products.

TERMS
Terms of the sale are net 30 days from the date of completion. Title changes to buyer on completion since every order is manufactured according to customer's specifications. Interest of 1.5% per month will be added to balance due beyond 30 days.

Terms and payment on split orders begin when any piece of goods are completed, not only when order is completed. Goods held in storage over 30 days are subject to storage charges.

Credit terms may be revised or canceled at any time by Bay Concepts, Inc. Credit Department.

Any charges associated with collection of overdue balances is the responsibility of the buyer.

HOW TO ORDER
Orders must be in writing to avoid errors or duplication. Note the style, identification number, length, fabric, fabric color, fabric grade, finish and list price. Add any other information needed to complete the order.

Order example: 780-63-OA-SU MN Solo Teal (3) AO $1,610.00

ORDER ENTRY/ACCEPTANCE
Orders will be accepted from authorized Bay Concept, Inc. representatives at the standard discount unless otherwise agreed to in writing. Agreements other than standard must accompany the order. Order may be sent by fax or e-mail: order@bayconcepts.com. Verbal orders must be confirmed in writing. All orders are accepted only after being acknowledged.

Reserving production may be done pending written purchase order within 10 days. Rescheduling may be necessary if written P.O. confirmation doesn't match the verbal order amount or material.

ACKNOWLEDGMENTS
Acknowledgments are sent out to the customer as a means of confirmation of the order. Bay Concepts, Inc. will produce as indicated on the acknowledgment. It is very important to check all acknowledgments immediately on receipt. Changes or corrections must be made in writing within 10 days of acknowledged date to avoid restocking charges. After 10 days restocking charge is 25% plus any special materials purchased. Beyond 20 days the restocking charge can be as much as 100% of the order if the order is in production.

Caution: Sizes of standard products listed in the catalog may be nominal. For exact sizes, call the factory.

CHANGES AND CANCELLATIONS
Orders may not be changed or canceled without the written consent of Bay Concepts, Inc. Cost for changes and/or cancellations are the responsibility of the purchaser.

FABRIC YARDAGE
Yardages listed are for 54" wide fabric, cut railroad, without matching. Extra yardage is required for velvets, fabrics less than 54" wide, stripes and patterns which require matching.

Customers own material (COM):
Some COM fabrics will require additional yardage for matching. Call the factory for a quote. Please have available the fabric pattern repeats and the direction the pattern to be applied, so our customer service can assist you.

Identification of COMs:
Before shipping COMs to BCI tag them with your company name and order number. Note the fabric pattern and color, identify the face of the fabric, indicate BCI acknowledgment number and the BCI style number on which the fabric is to be applied. Please send COMs to BCI at 1036 47th Avenue, Oakland, CA 94601.

FLAMMABILITY CODES

CALIFORNIA TB 117:
All Bay Concepts, Inc. products' materials comply with CAL TB 117.

CALIFORNIA TB 133:
This code was developed as a full-scaled fire test for furniture manufactured for use in certain public areas and buildings in California and several other states.

The customer is responsible for any regional/state code compliance where applicable. If CAL TB 133 compliance was in question for a specific job, please check with the local fire marshal.

Most fabrics, with proper fire barrier, will comply with CAL TB 133. However, please check with the factory. Bay Concepts, Inc. will be glad to answer further questions on fire blocking materials and other combinations to meet compliance.

All Bay Concepts, Inc. furniture will be labeled as to specific flammability codes.

Fire blocking is $28.00 per yard list as applied to the yardage required by style.

FABRIC GRADE CALCULATIONS
To calculate the cost of seating with fabric grades that exceed Grade 8:

Step 1:
Subtract Grade 1 cost from Grade 2 cost.

Step 2:
Multiply that amount by the number of grades over Grade 8.

Step 3:
Add that total to the Grade 8 cost.

Example of Grade 12 pricing using Model #761-24-OA-SU:

Note: Fabric grades, and therefore prices, are subject to change. Please call the factory to confirm the correct grade.

SHIPPING

GUARANTEED FREIGHT RATES
Zone rates are based on a percentage of the COM list price of furniture to be shipped for each zone.

Orders will be prepaid and charges added to your invoice. Charges are for normal dock-to-dock delivery only and do not include: toll charges, inside delivery, installation, uncartoning or removal of carton. BCI will ship via commercial truck lines either blanket-wrapped or cartoned at BCI's option.

Customer Will Call:
Customers wishing to pick up orders will be contacted when the product is completed. Pick up must be made promptly. Please list contact person and phone number on your purchase order. Call (510) 534-4511 for warehouse location and hours.

SHIPPING WEIGHTS
Uncartoned weights are listed. Cartoned weights average about 35% more.

For customer requested cartoning, see charges below.

CARTONING CHARGES LIST PRICES