Terms & Conditions | Sales | Pogessi

Terms and Conditions of Sale

Poggesi Terms and Conditions of Sale Please read through the following information carefully. These Terms and Conditions are a material part of the attached sales order and are legally binding. Suntyx, LLC d/b/a Poggesi USA (referred to “we”, “us”, “our” or “Poggesi”) offers high quality products at the very best value possible and we want you (referred to as “you”, “your” or “Customer”) the to be completely satisfied.

Order accuracy

Customer is responsible for ensuring the accuracy of quotes prior to placing the order. Poggesi’s design services are offered solely as an aid to our customer during the order process. Customer is responsible for ensuring that all measurements, specifications, and selections submitted are complete and accurate. Poggesi and its sales/design associates are not held liable for any mistakes in quotations or designs as customer MUST review quotations and designs to verify all products are correct prior to purchase. This includes product: selection, quantity, color and dimensions. Customer is also responsible for ensuring that all shipping, billing, and contact information is accurate and up to date. Poggesi is not responsible for any issues that may occur with orders as a result of this information being incorrect.

Payments, Trade Terms and Cancellations

Payment for merchandise shall be made as follows: 50% of the total purchase price (“Initial Deposit”) shall be paid upon placing the order and the remaining balance shall be paid prior to shipment, upon notification of the goods being ready. You are liable for payment of the entire cost of your purchase. If payment of the mentioned balance has not been received within 90 days of the availability notice, at Poggesi’s sole discretion and at any time thereafter, we will cancel your order, YOU WILL FORFEIT YOUR DEPOSIT TO POGGESI AND WAIVE ALL INTERESTS IN THE MERCHANDISE. Payment can be made by ACH, Zelle®, wire transfer or credit card. If you chose to pay by ACH, Zelle® or wire transfer, the payable amount will be subject to a 2% discount. Sales Orders cancellations are only permitted within two (2) business days (“Review Period”) of Sales Order confirmation date. Following said Review Period, should you wish to cancel the order (entirely or partially) YOU WILL RESPONSIBLE FOR A 50% RESTOCKING FEE, BASED ON THE CANCELED ITEMS’ AMOUNT. Unless specified otherwise, all prices are EXW Poggesi’s warehouse in Miami, Florida. On certain occasions, Poggesi’s Management may extend Payment Terms to the Customer. In said instances, full payment must be received by us, on or before the due date mentioned in the invoice (“Due Date”). Any payment received after the Due Date will be subject to a late payment interest rate of 1.5% (one and a half percent) per month –accrued on a daily basis.

Returns and Exchanges

If a product fails to meet your expectations, our sales team will work to come to a reasonable and expedient solution, subject to the terms and conditions contained herein. Custom items are non-returnable and non-refundable under any circumstances, since they are composed of sub-items that are built according to your own specifications and requirements. Only items that are specifically and clearly identified as standard, can be returned within 10 days from the time of delivery. On such standard orders, a 25% return fee applies to any returned merchandise, subject to other terms and conditions set forth below. Upon receiving Poggesi’s written approval for a partial or total return, you will receive shipping and packaging instructions. All shipping expenses related to said return will be your financial responsibility. Poggesi has the right to reject any return of damaged merchandise.

Sales Tax

On all orders delivered in Florida, Poggesi will apply a 6% Sales Tax, plus the levy local tax (of up to 2.0%) depending on the actual county. Sales Tax will not be applied if the delivery takes place outside Florida using common carriers, provided Poggesi has no nexus in that given State. Upon presentation of a valid Florida Annual Resale Certificate for Sales Tax, sales tax will not be charged. None of the preceding relieves your responsibility of complying with your local State Tax obligations. Please consult your Tax advisor to obtain comprehensive information pertaining Sales Tax.

Shipping and Delivery

Standard delivery time is estimated to be 8 to 10 weeks (from the Initial Deposit date) but is subject to change and cannot be guaranteed. Due to the increase in US Customs security, delivery time could be negatively affected by an additional 4 weeks and is beyond Poggesi’s control. We will endeavor to keep you informed on the progress of your order. Delivery is subject to reasonable and safe access. Hoisting and any other extraordinary measures necessary to accomplish delivery are at your risk and any additional cost must be paid by you at or before the time of delivery. A minimum re-delivery fee of $400.00 will be charged to you if, after a delivery is scheduled with you, you are not at the delivery address, unable to, or do not accept a scheduled delivery and a second delivery trip is required. A storage fee of 3% per month of the total order amount will be charged to you if delivery is not accepted within 30 days after notice of availability of merchandise for delivery or the delivery date on the original Purchase order. If you fail to accept delivery for 90 days after notice of availability of merchandise for delivery, at Poggesi’s sole discretion and at any time thereafter, we will cancel your order YOU WILL FORFEIT YOUR DEPOSITS TO POGGESI AND WAIVE ALL INTERESTS IN THE MERCHANDISE. Poggesi carefully scrutinizes all merchandise before being packaged for shipment. It is your responsibility to inspect ALL merchandise upon delivery. Should there be any visible damage of any kind, please make sure that the shipping documents [B/L] disclose such casualty. In addition, all packages should be opened and inspected within 72 hours of delivery, to determine if there was any concealed damage. In either circumstance, please provide Poggesi with a detailed report of the damage, enclosing the necessary pictures. Failure to report said situation within 72 hours will relieve Poggesi of any responsibility.

Installation and Groundwork

Poggesi offers a series of bases, ranging from stand-alone to bolt-down and in-ground bases (jointly “foundation bases”). Should you decide to acquire foundation bases (and in all situations with Gazebos/Cabanas), Poggesi will provide you with the specific ground requirements. Regardless of the base type, you will be responsible for all the installation, including but not limited to: the hiring, remuneration and coordination of qualified professionals such as engineers, architects and contractors. Customer understands the former statement, and categorically releases Poggesi from any responsibility related to the installation.

Warranty Coverage and Exclusions

7.1. General Conditions Poggesi’s products are manufactured with the highest standard materials, and are warranted to be free from material defects in workmanship, materials, and construction. 7.1.1. UMBRELLAS IT IS YOUR RESPONSIBILITY TO OTAIN ALL THE INFORMATION PERTAINING TO THE WIND AND GENERAL WEATHER CONDITIONS OF THE LOCATION WHERE THE UMBRELLAS WILL BE INSTALLED, and ULTIMALTEY DECIDING IF THESE UMBRELLAS ARE FIT FOR THE SPECIFIC SPACE. ADDITIONALLY, IT IS THE CUSTOMER’S SOLE RESPONSIBILITY TO OPERATE THE UMBRELLAS IN ACCORDANCE WITH OPERATING INSTRUCTIONS, AND TO EXERCISE COMMON SENSE AND DILIGENCE IN THEIR USE. Poggesi’s Sales Advisors can provide you with all the necessary technical information about our products, but it is your duty to engage a qualified engineer than will ascertain the viability of the installation of the umbrellas. Although our umbrellas —de facto regarded as collapsible shade products, are specifically made for outdoor use, and have gone through severe wind resistance tests, Poggesi discourages the use of any umbrella in unfavorable weather conditions where wind speed exceeds 30 mph. Should you decide to keep the umbrellas open with wind speeds exceeding 30 mph, you hereby VOLUNTARILY ASSUME FULL RESPONSIBILITY FOR AND HEREBY RELEASE, WAIVE, DISCHARGE, HOLD HARMLESS, AND COVENANT NOT TO SUE POGGESI, ITS OFFICERS, MEMBERS, AGENTS, CONTRACTORS, EMPLOYEES, VOLUNTEERS, GUIDES, AND OTHER REPRESENTATIVES (each a “company party” and collectively, the “company parties”) FOR ANY AND ALL CLAIMS, DEMANDS, ACTIONS, CAUSES OF ACTION, AND/OR LOSSES (including but not limited to any exemplary, direct, indirect, incidental, special, consequential, punitive, or other damages, medical expenses, lost wages/income, loss of services, lost profits, property damage, pain, illness, and death) (collectively “liabilities”) WHATSOEVER ARISING OUT OF OR IN ANY WAY RELATED TO YOUR NEGLIGENT USE OF THE UMBRELLAS UNDER UNFAVORABLE WEATHER CONDITIONS. Furthermore, besides closing the umbrella during high winds, it is incumbent upon the customer to adhere to the operating instructions. Failure to do so may result in the voiding of all warranties and release Poggesi from any liability. The customer acknowledges and agrees that any damage resulting from improper use, including but not limited to wind damage or other extreme conditions, shall NOT be covered by warranty, and the customer shall be solely responsible for any repair or replacement costs incurred as a result. In order to warrant the safe operation of our products,A they must be properly installed to the Poggesi-manufactured bases, following the corresponding installation instructions. Furthermore, Poggesi will not cover any damage to an umbrella or base which occurs as a result of contact with the ground or any other foreign object including damage which occurs as a result of sudden and severe weather events or other extreme acts of nature. In general, Poggesi recommends that all umbrellas be securely closed when not in use.

Umbrella Structure and Parts – POGGESI Umbrella Line

This limited warranty covers top and bottom hubs, connecting triangles, ribs, all stainless-steel hardware and main pole structure for a period of fifteen (15) years. Endless screw mechanisms, manual lift systems and corresponding components [such as pulleys] carry a limited warranty of five (5) years. Finally, winches [winding mechanism], iron steel bases, cables, cranks and finials carry a limited warranty of three (3) years. Powder coat finish of all Poggesi frames is warrantied for a period of five (5) years. Our products are not warranted against normal wear and tear, damage resulting from improper use, accidents, abuse, neglect, or damage or appearance changes resulting from improper care or storage. This warranty does not cover (a) the effects of extreme high/low humidity, (b) any type of scratches or abrasions to finish caused from moving, (c) rust or tarnishing resulting from said scratches or abrasions to finish or (d) stains or changes in color/texture. Any product modification voids this warranty. Some states do not allow the exclusions and limitations on incidental and consequential damages or the limitations on implied warranties, so the described limitations may not apply to you. However, proper care and use are essential for preserving your rights under this warranty. If damage occurs under the aforementioned warranties, Poggesi will replace or repair any item at its own discretion.

Umbrella Structure and Parts – GESI Umbrella Line

This limited warranty covers top and bottom hubs, connecting triangles, ribs, finials, all stainless-steel hardware and main pole structure for a period of two (2) years. Manual lift systems and corresponding components [such as pulleys] carry a limited warranty of one (1) year. Powder coat finish –on any Gesi applicable structure, is warrantied for a period of two (2) years. Our products are not warranted against normal wear and tear, damage resulting from improper use, accidents, abuse, neglect, or damage or appearance changes resulting from improper care or storage. This warranty does not cover (a) the effects of extreme high/low humidity, (b) any type of scratches or abrasions to finish caused from moving, (c) rust or tarnishing resulting from said scratches or abrasions to finish or (d) stains or changes in color/texture. Any product modification voids this warranty. Some states do not allow the exclusions and limitations on incidental and consequential damages or the limitations on implied warranties, so the described limitations may not apply to you. However, proper care and use are essential for preserving your rights under this warranty. If damage occurs under the aforementioned warranties, Poggesi will replace or repair any item at its own discretion.

Canvas fabric

Poggesi adheres to the specific manufacturer’s fabric warranties, which protect against the fabric losing its color or strength from extreme exposure conditions, such as sunlight and mildew. Said warranties do not cover normal care and cleaning or damage from misuse or abuse. If any fabric is rendered unserviceable by loss of color or strength from extreme exposure conditions, such as sunlight and mildew, Poggesi will replace or repair the fabric at its discretion. Labor charges will apply to the cutting and sewing of any fabric replaced under warranty. This limited warranty is valid for a period of ten (10) years. The redeemable value of all warranties provided herewith shall be prorated over the life of the specific limited warranty itself. Fabric warranties shall never include the cost of labor and any associated cut and sewing costs. With regards to the actual canvas, Poggesi offers a three (3) year limited warranty against manufacturing defects, excluding any usual and customary wear and tear. All shipping expenses related to such limited warranties will be YOUR financial responsibility.

Umbrella Accessories

In some situations, you may wish to purchase from third parties accessories and attach them to Poggesi products. Should there be any damage to Poggesi products, caused by the mentioned third-parties accessories, Poggesi will not be held liable for direct or indirect losses arising from any such damage. It is also understood that such accessories cannot hinder the normal opening and closing operations of the umbrellas. Customer understands the former statement, and categorically accepts all responsibility by installing third-parties accessories. 7.1.2. CABANAS/GAZEBOS

Cabanas Structure and Parts

This limited warranty covers top and bottom hubs, all stainless-steel hardware and main structure (including columns and beams) for a period of three (3) years. Powder coat finish of all Poggesi frames is warrantied for a period of eighteen (18) months. Our products are not warranted against normal wear and tear, damage resulting from improper use, accidents, abuse, neglect, or damage or appearance changes resulting from improper care or storage. This warranty does not cover (a) the effects of extreme high/low humidity, (b) any type of scratches or abrasions to finish caused from moving, (c) rust or tarnishing resulting from said scratches or abrasions to finish or (d) stains or changes in color/texture. Any product modification voids this warranty. Some states do not allow the exclusions and limitations on incidental and consequential damages or the limitations on implied warranties, so the described limitations may not apply to you. However, proper care and use are essential for preserving your rights under this warranty. If damage occurs under the aforementioned warranties, Poggesi will replace or repair any item at its own discretion.

Canvas and curtains fabric

Cabanas Accessories

In some situations, you may wish to purchase from third parties accessories and attach them to Poggesi products. Should there be any damage to Poggesi products, caused by the mentioned third-parties accessories, Poggesi will not be held liable for direct or indirect losses arising from any such damage. Customer understands the former statement, and categorically accepts all responsibility by installing third-parties accessories.

Electric and Electronic Components

On applicable gazebos, Poggesi offers a three (3) year limited warranty against any manufacturing defects of all electric and electronic components. This warranty does not cover potential damage resulting from misuse or abuse. 7.1.3. FURNITURE AND CUSHIONS

Structure and metal frames

This limited warranty covers the metal frame, in case the structure fails under normal use or conditions, for a period of two (2) years. Peeled finish or blisters are also covered for a period of two (2) years–all dates originating from the date of purchase. If damage occurs under the aforementioned warranties, Poggesi will replace or repair any item at its own discretion. Furniture elements such as chair feet caps are subject to wear and tear and are not considered part of the frame.

Woven frames

This limited warranty covers the metal frame, in case the structure fails under normal use or conditions, for a period of two (2) years. Peeled finish or blisters are covered for a period of two (2) years–all dates originating from the date of purchase. If damage occurs under the aforementioned warranties, Poggesi will replace or repair any item at its own discretion. If the resin weave breaks or structurally deteriorates, or if the weave greatly fades or becomes discolored within two (2) years from the date of purchase, Poggesi will replace or repair the damage goods at its own discretion. The weave will not be warrantied if the structural deterioration, disentanglement, color fading, etc. is caused by the contact with non-natural chemical cleaning products, sun lotions, high temperatures or sunlight. Furniture elements such as chair feet caps are not considered part of the frame since they are subject to wear and tear.

Upholstered Frames

This limited warranty covers the upholstered frame, in case the structure fails under normal use or conditions, for a period of two (2) years. Peeled finish or blisters are covered for a period of two (2) years–all dates originating from the date of purchase. If damage occurs under the aforementioned warranties, Poggesi will replace or repair any item at its own discretion. If the upholstered frame fabric tears, or fades excessively within two (2) years of the date of purchase, Poggesi will replace or repair the damaged goods at its own discretion. Furniture elements such as chair feet caps are not considered part of the frame since they are subject to wear and tear. Any problems with cushion foam, zippers, stitching, sling rails, cording, buttons or other areas of craftsmanship will be warrantied for one (1) year.

Fabric on cushions and furniture

If the cushion fabric becomes unsuited for use due to color or strength loss from normal usage and exposure conditions, within one (1) year of the date of purchase, Poggesi will replace or repair the damaged goods at its own discretion. This warranty does not cover normal care and cleaning, improper installation, damage from misuse or abuse, or costs derived from the fabric replacement, including labor and installation. Any problems with cushion foam, zippers, stitching, sling rails, cording, buttons or other areas of craftsmanship will be warrantied for one (1) year. The fabric will not be warrantied if its deterioration, disentanglement or color fading is caused by the contact with non-natural chemical cleaning products, sun lotions, extreme sun exposure or high temperatures.

Straps

If a strap breaks within one (1) year of the date of purchase, a replacement strap will be sent to you –subject to the same color and style being available. If a strap becomes faded or mildewed within one (1) year of the date of purchase, a replacement strap will be sent to you –subject to the same color and style being available. The strap will NOT be warrantied if the deterioration, discoloration and fading is caused by the contact with non-natural chemical cleaning products, sun lotions, extreme sun exposure or high temperatures.

Stone, concrete, marble, and poly wood tops

If a stone, concrete, marble, or poly wood tabletop breaks or cracks within one (1) year from the date of purchase, Poggesi will replace or repair the damaged goods at its own discretion. Natural stone tops are sealed at the factory and should be re-sealed annually for proper care and maintenance.

Component parts

If a component part (glide, wheel, bolts, etc.) cracks due to manufacturing problem within one (1) year from the date of purchase, Poggesi will –at its own discretion, repair or replace the part in the original color and style–subject to the same color and style being available.

Care and Maintenance

It is recommended that furniture is kept away from salt air environments and be cleaned regularly –at least every 2 months, giving importance to the removal of salt particles on the structure, as it may oxidize, discolor or blister. Finish cracks due to improper cleaning will void this warranty. If cleaning chemicals such as sodium hypochlorite, ammonia, muriatic acid or chlorine are used to clean the floors, MAKE SURE TO REMOVE furniture from area. Prior to reinstalling the furniture, floors MUST be thoroughly rinsed with clean water, as residue from cleaning chemicals may deteriorate the frame’s finish. Proper cleaning and maintenance will prevent frame painted finish in a salt environment from blistering and/or oxidizing. During winter, all furniture should be stored indoors in an upright position to allow for proper water drainage. Storing furniture upside-down may cause water to accumulate and freeze inside the frame (potentially causing serious structural damage) which would immediately void any warranty. Additionally to all the above-mentioned recommendations, please refer to Sunbrella® links such as https://bit.ly/3pSz1bB and https://bit.ly/2ukLIj9, where you will find detailed fabric cleaning and maintenance information.

Exclusions
- Cracks or general damage caused by irrational or abusive use, fire, freight damage, acts of nature (including but not limited to, hurricanes, earthquakes, high winds or extreme temperatures), contact with sun lotion or other chemicals,
- Minor normal variations in color and texture, finish scratching or chipping, staining or discoloration of furniture, unintentional damage repair or modifications by consumer, glass breakage, normal wear and tear, and flattening or compression of cushions and pads,

are explicitly EXCLUDED from this warranty. Defects that develop due to extreme climate conditions are not covered by this warranty. In all cases, the warranty claimant shall be responsible for all shipping charges incurred by claimant or Poggesi as a result of a warranty claim. Warranty covers only parts. Labor for installation of parts covered under Poggesi Warranty is not included. All warranty claims must be submitted with a copy of the original invoice, a description of damaged product, including how the damage occurred, along with photos of the damaged product. Poggesi reserves at its own discretion the right to repair, replace, or redesign any product that is returned as a result of a warranty claim. THE REMEDIES PROVIDED IN THIS CONTRACT ARE EXCLUSIVE AND, TO THE EXTENT ALLOWED BY APPLICABLE LAW, ARE IN LIEU OF ALL OTHER REMEDIES, WARRANTIES, OR REPRESENTATIONS, EXPRESS OR IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND ALL OTHER OBLIGATIONS AND LIABILITIES, WHETHER IN CONTRACT OR IN TORT, ALL OF WHICH ARE EXPRESSLY DISCLAIMED HEREIN. IN NO EVENT SHALL POGGESI BE LIABLE FOR SPECIAL OR CONSEQUENTIAL OR OTHER DAMAGES, INCLUDING INJURY OR DAMAGES RESULTING FROM IMPROPER USE OR MAINTENANCE OF THE PRODUCT.

Photographs and Video Release

Poggesi may obtain either directly or indirectly, photographs, videos or any other digital media (“Photo” or “Photos”) of its products installed at Customer’s premises. Customer hereby grants permission to Poggesi to use such Photos in any and all of its publications including but not limited to website, press releases, newsletters and social media networks, without payment or other consideration. Customer hereby irrevocably authorizes Poggesi to edit, alter, copy, exhibit, publish, or distribute these Photos for any lawful purpose. Additionally, Customer waives any right to royalties or other compensation arising or related to the use of any Photo. CUSTOMER HEREBY HOLDS HARMLESS, RELEASES, AND FOREVER DISCHARGES POGGESI FROM ALL CLAIMS, DEMANDS, AND CAUSES OF ACTION WHICH CUSTOMER, ITS REPRESENTATIVES, EXECUTORS, ADMINISTRATORS, OR ANY OTHER PERSONS ACTING ON CUSTOMER’S BEHALF HAVE OR MAY HAVE BY REASON OF THIS AUTHORIZATION.

Legal and Other Terms

Poggesi may update or modify these Terms and Conditions at any time and without prior notice. For this reason, you should review these Terms and Conditions each time you purchase products from us. Any action relating to your purchase from Poggesi must be brought in the state or federal courts located in the State of Florida, Broward County. Certain names such as Poggesi™, Gesi™ are proprietary and are owned by Poggesi as registered service marks or trademarks. This material is protected under copyright by Poggesi with all rights reserved. This contract contains the parties’ entire contract and may not be superseded unless agreed to in writing by each party. If any term of this contract is invalid or unenforceable, the remainder shall be enforced.