ORDERING INFORMATION

Authorized Dealers
Possession of our catalog, price list, or online pricing access does not imply the right to purchase products illustrated and priced herein. Sales are restricted to established authorized dealers only.

Acknowledgments
Customers must notify Falcon immediately of any discrepancies between the purchase order and the acknowledgment; otherwise, Falcon accepts no responsibility for manufacturing errors. Use the Falcon sales order number when inquiring about your order. Once the order acknowledgment is accepted, the customer is committed to the order, and Falcon’s terms and conditions will override all others.

Quotations
All quotations by factory or representatives are valid for 30 days unless extended in writing.

Prices
Prices are per unit unless otherwise noted and may change without prior notice. All prices are:
• F.O.B. Factory
• Exclusive of any duties and local, state, or federal taxes
• Exclusive of freight, packing, and shipping charges unless otherwise specified.

If Falcon is required to pay any tax, fee, or charge, the customer shall reimburse Falcon. Otherwise, the customer shall provide an exemption certificate or other acceptable document at the time the order is submitted. Each invoice is independent of shipping sequence and disputes relating to other invoices.

Freight Charges
The below charges apply to all orders unless otherwise quoted.

Orders $10,000 NET or greater

• Zone 1 - No added charge
• Zone 2 - 3% added to the net
• Zone 3 - 6% added to the net price
• Alaska & Hawaii – must be quoted

Orders between $1 - $9,999 NET

• Zone 1 – Add $375 flat rate
• Zone 2 – Add $475 flat rate
• Zone3 – Add $675 flat rate
• Alaska & Hawaii – must be quoted

Match-up Orders
If an order is to match a previous shipment, it must be clearly stated on the order. Please supply the original invoice number and date. A sample product from the original order must be submitted prepaid to the factory to ensure uniformity of finish and construction. Periodically, materials are discontinued by suppliers, and requested materials may not be supplied. In such events, the customer will be notified and provided with an alternative option when possible.

Design Changes and Manufacturing Improvements
Periodically, changes are made to existing product designs to improve general construction. In such cases, the product may vary slightly from catalog photography. All dimensions shown in the catalog are approximate. Due to fabric buildup, width can vary as much as ¾". Falcon assumes no responsibility for overall width and height unless items or groups are special ordered to fit an exact space. We reserve the right to alter upholstery detailing based on the fabrics' suitability for tailoring; pleats may need to be added or types of seams changed.

AGENT ONLY ORDERS
Falcon will only accept agent-only orders if the principal agrees in writing to be responsible for payment and agrees to Falcon's terms and conditions. Payment to the agent does not constitute payment to Falcon, and Falcon will collect from the principal if the agent fails to pay Falcon in a timely and proper manner.

SHIPPING INFORMATION
More than one item may be packed together for shipment, which may be noted in the price list. Falcon reserves the right to change the quantity packed without notice. The quantity packed is independent of price.

Freight Programs
We offer four easy ways to handle freight charges:

1. Falcon Standard Freight Program – F.O.B. Factory
All products are sold F.O.B. factory, and freight is additional. Orders are shipped via common or contract carrier. When selecting Falcon’s Freight Program, Falcon reserves the right to select routing/carrier and assumes no responsibility for rates or delivery times established with the carrier. Falcon assumes no responsibility for warehousing or demurrage when the consignee is unable to accept the shipment at the delivery point. Rates provided by Falcon do not include residential locations, limited delivery areas, call before delivery, lift gate, or unloading. The receiver is responsible for offloading. Special services may be available upon request and must be quoted and agreed upon before shipment of merchandise.

2. Falcon White Glove Service
Our freight program is enhanced with additional inside delivery, installation, and debris removal services. Pricing must be requested, and services outlined and agreed upon prior to shipment.

Contact your Customer Service Representative at 423-623-0031 for freight quotes. All freight quotes are valid for orders placed within 30 days and for shipments made within 90 days of the quote.

For either freight option, if there are visible damages to packaging upon delivery, it must be noted on the delivery receipt.
All damages must be reported to Falcon’s Warranty Department at warranty@mycfgroup.com, along with a copy of the delivery receipt and pictures of the damages. Any concealed damages must be reported within five calendar days to the Warranty Department for review. If there are any damages, DO NOT discard any cartons, skids, packaging materials, etc., until the claim has been settled. It may be necessary for the carrier to inspect or pick up the items for salvage as part of the freight claim process. Discarding materials could void any claims filed.

Trailer-Load Shipments
Customer requests for trailer-load shipments and special routings will be accommodated when possible if clearly described on the original purchase order. The customer is fully responsible for all payments, claims, and other matters arising from customer-specified routing. Customer pickups must be arranged in advance by contacting Customer Service, Newport, TN: 423-623-0031.

Consult our website, acknowledgment, or customer support for F.O.B. points.

3. Customer Pick-Ups
For customers wishing to pick up orders at our dock. Customers will be notified when the product is ready. Pickup must be made promptly; any orders held longer than seven days will incur storage charges.

Whenever the term F.O.B. Factory is used, "Factory" shall mean the shipping point for each item. The shipping point for each item is listed in the shipping point column. Abbreviations used to stand for the following cities: - NPT: Newport, TN 37821

4. F.O.B. Factory Freight Allowed
Certain products/buying agreements may offer freight-inclusive pricing. Please reference your quote or our website for details. In the event freight cost is included, the product still ships F.O.B. Factory.

STORAGE POLICY
Once production has commenced (based on the original ship date/delivery date requirement), we will provide our customer with a three-week grace period for orders over $10,000, during which the customer will not pay storage fees, commencing from the time our product is currently scheduled to be ready for shipment.

If a customer requests a ship date/delivery date delay outside of the three-week grace period, storage charges will be applied to the order. The storage charge is 1.5% (product lines only) of the price of products stored for the first month and 1% of the products stored for each additional month. After one month, the rate will pro-rate to weekly. There is a minimum storage charge amount of $350.00 for the first month and $150.00 for each additional month.

A Storage Charge Agreement will need to be signed and returned by the customer to customer service. Customers that are CIA (cash-in-advance) must pay for all storage charges prior to shipment of the order.

Shipments on Hold
Any shipment placed on shipping hold, either by customer's request or due to balances owed on this order, will be manufactured per the originally scheduled ship date. See Storage Policy above for fees.

Any manufactured order held by our factory over three weeks will be billed and must be promptly paid even though the shipment is held at the factory at the dealer's request. Any charges incurred by Falcon for C.O.D. fees, inside delivery, etc., will be invoiced to the customer.

International Orders
All international orders are quoted F.O.B. Origin. All freight, duties, value-added taxes, broker fees, port charges, and insurance are in addition and will be the customer's responsibility unless specific arrangements are made in writing for any additional services.

Air Freight Shipments
Falcon will not make shipments by air or express service unless previously authorized in writing by the customer. The customer must be aware that airfreight charges for seating are calculated on a dimensional basis and frequently equal or exceed the cost of the product.

FREIGHT CLAIMS
Unless otherwise agreed in writing by the customer and Falcon, all orders are F.O.B. Factory, with title and risk of loss or damage passing upon the order being picked up by the customer or the customer's agents or carriers at the Origin. While we will do everything possible to ensure your order arrives in good condition and on time, we cannot be held responsible for freight damage or delays.

OTHER TERMS AND CONDITIONS

Falcon Terms Control
The terms and conditions set forth in the invoice to the customer and this document (together with any attachments and/or exhibits hereto or thereto) shall constitute the entire agreement between the parties with respect to the subject matter set forth herein and/or therein and shall supersede any and all prior understandings or agreements, whether written or oral (including, without limitation, any and all prior or contemporaneous communications, negotiations, representations, or agreements) between the parties; provided, that in the event of any inconsistency between this document and the invoice to the customer, the terms and conditions set forth in this document shall prevail. Customer's acceptance of shipment or performance and/or payment for any orders constitutes acceptance of all of Falcon’s terms and conditions set forth in this document. Any additional, different, or inconsistent terms proposed by the customer must be agreed upon in writing by the customer and Falcon, or are objected to in advance by Falcon. Falcon reserves the right, in its sole discretion, to refuse or reject any order at any time.

Terms
Terms are 50% deposit with balance due prior to shipment. If an established dealer has terms, payment is due net 30 days from the date of shipment, subject to credit department approval. There will be a service charge of 1½% per month on all invoices past due. In the event the Seller must use any collection agency, attorney, or courts to effect collection with respect to amounts not paid by net 30 days from the date of shipment, the customer agrees, in addition to any other remedies provided herein, at law or in equity, to pay Falcon all reasonable and actual collection agency fees, attorney fees, and court costs. If the customer fails to make payment for orders or if, in Falcon's opinion, the customer's financial condition or other circumstances do not warrant shipment, Falcon may, at Falcon's sole option, in addition to any other remedies provided herein, at law, or in equity, require assurance of the customer's ability to pay or cancel customers' orders.

Credit card fees are not included in our quote price. All credit card sales have a 3% surcharge. Credit card orders may not be canceled.

New Accounts
Initial orders under $5,000 require the full amount in advance. Orders over $5,000 require a 50% deposit to be released for production.

Please send full credit information and references and allow time for Credit Department approval.

Taxes
Falcon requires a State Resale/Exemption Certificate on file in our main office. Sales made without a resale/exemption certificate will be charged the appropriate sales tax as required by law.

Set-Off
The customer shall have no rights of set-off with respect to any amounts owed by Falcon to the customer.

Samples
Samples will only be sent when a customer places a firm order with Falcon. Samples must be paid for in full and cannot be credited or refunded under any circumstances.

Returns
If a product must be returned for repair or replacement, please contact Falcon to obtain approval for the return. Buyer may not return any products without Falcon's express prior written consent. Falcon will refuse products not approved for return in advance. The customer has the responsibility to appropriately pack returned products.

Cancellations/Changes
Orders may not be canceled or changed without the written consent of Falcon, which may be withheld, granted, or granted subject to conditions, service charges, and/or price changes at Falcon's sole discretion. Refunds of customer's deposits shall not be granted under any circumstances. In the event Falcon agrees to such a change or cancellation, Falcon may advise the customer of the total charge for such change or cancellation, and the customer agrees to pay such charges, including, but not limited to, storage and shipment costs, costs of producing non-standard orders, costs of purchasing non- returnable items, cancellation costs imposed on Falcon and its suppliers, and any other costs resulting from the cancellation of this order by the customer. Falcon may waive such costs at its sole discretion.

Delay
The Seller shall not be liable for delays in performance caused by acts of God, fire or other casualties, accidents, riots, civil commotions, acts of war, excessive radiation, strikes, shortages of labor or materials, governmental actions, or any other cause beyond the Seller's commercially reasonable control. The Seller is not responsible for weather-related delays on the open sea or delays at the port of entry or customs. The time for the Seller's performance shall be extended by the period of such delay. No delivery dates for orders are guaranteed. Falcon reserves the right to apportion its production as it determines appropriate in its sole discretion to meet customers' needs. Falcon shall not incur any liability, whether direct, indirect, special, incidental, punitive, economic, consequential, or otherwise (including, without limitation, loss of profits and/or loss of value), whether directly or indirectly, nor shall any order be canceled because of delays in delivery.

The Seller reserves the right to apportion its production among its customers as it may determine, and any quoted delivery dates are estimated and are subject to change by the Seller. Once production has commenced, the customer is required to take shipment. Customers will be charged public warehousing costs for completed orders that are delayed by the customer. Falcon reserves the right to make delivery in installments, all such installments to be separately invoiced and paid for when due per invoice, without regard to subsequent deliveries.

Agent's Authority
The customer understands and agrees that no agent, employee, or representative of Falcon has the authority to bind Falcon to any affirmation, agreement, representation, or warranty concerning the goods purchased from Falcon. The customer further understands and agrees that such affirmation of fact, promise, or representation made by any agent, employee, or representative of Falcon shall not constitute a warranty or agreement unless specifically approved in writing by an authorized officer of Falcon.

Accepted orders will be acknowledged, and the customer is responsible for immediately reviewing the acknowledgement and notifying a sales representative of Falcon or Falcon Customer Service at 423-623-0031 of any discrepancies.

LIMITED LIFETIME PRODUCT WARRANTY
Falcon warrants that its products will be free from defects in materials and workmanship when using the product for two eight-hour shifts per day for the time periods listed in the chart below. The warranty will begin on the date of the invoice to the original retail purchaser (“Owner”), subject to the conditions and limitations noted in the “Additional Warranty Information” section below. Failure to comply with these conditions and limitations will void the warranty and result in the denial of a warranty claim. This warranty is not transferable and applies only to the original purchase and installation. All warranty claims must be made in writing by the original Owner. Damage due to abuse, misuse, negligence, transit damage, accidents, normal wear and tear, or improper or lack of maintenance is not covered. (See detailed Care and Maintenance at FalconProducts.com.)

Additional Information Regarding All Warranties
Periodic maintenance is necessary, just like for other equipment, to ensure long-term durability and customer satisfaction. The owner and any person owning products sold, delivered, or manufactured by Falcon must perform and document inspections of all moving parts and joinery of such products not less than every 90 days. As part of the inspection process, tighten all bolts and fasteners and lubricate all swivels and mechanisms. Owners and any person owning such products must remove from service all potentially defective products. Owners and any person owning such products shall use diligent efforts to maintain all such products.

In the event the owner and any person owning such products fails to inspect them as provided herein, fails to undertake diligent efforts to maintain such products, or commits any act or failure to act that is negligent, reckless, or willfully harmful with respect to such products in any degree, the owner and such person shall indemnify and hold harmless Falcon for any claims, liabilities, and expenses (including expenses and attorneys' fees) relating to such products.

The warranty described in this document is expressly limited to, and the customer’s sole and exclusive remedy hereunder shall be, the repair or replacement of a defective product at Falcon's sole discretion. Such repair or replacement will be made as expeditiously as is commercially reasonable for Falcon. Costs associated with shipping, handling, and the installation of repaired or replaced products are not covered under this warranty unless under special circumstances approved in writing by Falcon during the first year of the warranty. Falcon reserves the right to approve any contract entered into by the customer with a third party for the replacement of any product covered by the warranty period set forth in this document. The warranty set forth in this document shall be automatically voided if any work or modification is performed on the items or products covered hereby without Falcon's prior written approval. Repairs and replacements do not renew the product warranty. Falcon will attempt to match color but does not guarantee that finishes will match, particularly special finishes. Notwithstanding anything to the contrary set forth in this document, Falcon’s maximum liability under any circumstance shall be limited to the original invoice price to the owner and shall not include any other charges, including, but not limited to, lost revenue or profit due to lack of use, freight, handling, packaging, demurrage, or storage. After one year from the date of the invoice to the owner, the maximum value of a warranty claim shall be further limited to the remaining useful life as is customary in the facility’s financial statements regarding amortization or expensing of furniture assets or the useful life calculated pro-rata as follows, whichever is the shortest amortization time period from the date of the invoice to the owner:

0-1 years: 100%
1-2 years: 80%
2-3 years: 60%
3-4 years: 50%
4-5 years: 40%
5-6 years: 20%
6-7 years: 10%
7-8 years: 5%
8-9 years: 5%
> 9 years: 0%

If a product has been discontinued but is still covered under warranty, Falcon will repair or replace it if materials are still available. If materials are no longer available, product value will be calculated pro-rata according to the schedule above. Warranty repair or replacement will be made at no charge to the owner when defective products are returned to Falcon with freight and shipping prepaid, properly packaged to avoid damage in transit. Risk of loss of any items in transit from the owner to Falcon shall pass when received by Falcon. Risk of loss of any items in transit from Falcon to the owner shall pass when sent to the owner by Falcon. Falcon assumes no responsibility or liability for the removal of products requiring service and/or repair.

Warranty claims must be filed in writing within 30 days of discovery of the alleged defect. All warranty claims must be submitted to Falcon through the dealer of record, who shall be solely liable to the end user for any dealer-installed products. In the event that the installation dealer is no longer in business for any reason, Falcon will have no liability for any product failure whatsoever.

Falcon's decision on all warranty claims of $50,000 or less shall be final. All disputes for claims greater than $50,000 or unresolved after 90 days shall be resolved through arbitration before the American Arbitration Association in accordance with the CF Group Arbitration policy, which is available on request from Falcon. Each party shall bear its own legal fees, costs, and expenses in connection with any arbitration or other legal action related to Falcon’s products, the transactions contemplated by the invoice to or from Falcon to the customer, and/or the terms and conditions set forth in this document. Arbitration decisions are final.

Upholstery Materials, Filling Materials, Laminates, Glides, Casters, Cylinders, Wheels/Tires, Hardware, and Electrical Parts Warranted only to the extent expressed by their manufacturer, and no warranty is made as to the selection, colorfastness, wear, or aging of upholstery materials, finishes, or filling materials, including but not limited to foam/poly, cotton, and cardboard. Falcon does not warrant that any of the above-mentioned materials will conform to their manufacturer's representations or warranties.

Disclaimers
Except to the extent specifically set forth in this document, Falcon makes no other warranties, either express or implied, including without limitation any implied warranty of merchantability or fitness for a particular purpose, with respect to the products covered by this document. The express provisions set forth in this document are in lieu of any obligations or liabilities on the part of Falcon for any or all direct, economic, indirect, incidental, special, punitive, consequential, or other damages (including, without limitation, loss of profits, loss of value, or costs of procurement of substitutes) arising out of or in connection with any products sold, manufactured, or delivered by Falcon and/or any breach of this document. No affirmation of fact, including, without limitation, statements regarding suitability for use or performance of the products covered by this document, shall be deemed to be a warranty of Falcon.

Claim Period
Except to the extent specifically set forth in this document, any and all claims covered by this document must be brought within one year of the date of the invoice to the owner, regardless of their nature.

Authority of Falcon Representatives
No representative of Falcon has the authority to modify or waive this warranty either verbally or in writing. Only the CEO or CFO can approve any such recommended modifications.

Product Responsibility
Falcon provides products for the contract furniture market to the specification of the end- user and as such relies upon the end-user and their agents, such as the dealer/installer or the designer, to validate and test the suitability of the products or materials selected for any specific application.

INTELLECTUAL PROPERTY DISCLAIMER
When an order is for products not in its standard line, Falcon’s sole responsibility is to provide products meeting the specifications of the customer or its agents and representatives. Falcon specifically disclaims any obligation to indemnify or defend the customer, property owners, architects, designers, specifiers, customer agents, or others for claims alleging infringement of trademarks, copyrights, patents, designs, or any other issues collectively described as intellectual property. The customer confirms that it is the originator of specifications for this product and has clear title to said intellectual property and will indemnify and hold harmless Falcon for any claims, liabilities, and expenses (including expenses and reasonable attorney fees) in connection with such infringement.

WARNINGS

Property Inspections
Property owners and managers must make quarterly inspections to look for signs of structural fatigue, such as cracks or looseness, incurred in daily handling and use. Inspections should become more frequent when chairs are over three years old or whenever signs of frame weakness arise. Examinations must include but not be limited to structural joints, corner blocks, screws, fasteners, welds, and any areas of stress. Missing leg glides or loose casters must be replaced. Chairs exhibiting any of the above should be removed from service and repaired to original standard, or discarded. Metal frame members bent at different angles from the original are an indication of over-stressing and could render the frame unstable or prone to sudden failure. Chairs with bent frames should be removed from service; do not attempt to straighten them. Re-bending frames may further weaken the metal and increase the potential for failure.

Flammability Warning
Falcon seating products incorporate urethane foam meeting the requirements of California Bulletin 117-2013. All these components are flammable under certain conditions. Chairs stacked or concentrated for storage create additional hazards and can accelerate flame spread in a fire scenario. Do not expose seating to flame or heat, such as from smoking materials, exposed lights, space heaters, or other intense sources of heat or flame. Once ignited, chairs can burn, releasing heat, toxic fumes, and smoke while consuming oxygen. In an enclosed space, the resulting conditions can be incapacitating or fatal to human beings. Building managers should take appropriate precautions to protect occupants from fire sources and provide adequate detection systems, warning systems, sprinkler systems, and exits in the event of a fire.

For detailed information about specific flammability test methods and results, write:

Falcon
810 West Highway 25/70
Newport, TN 37821

Flammability Alternatives
Note 1: If your fire protection engineers, your particular application or use, or prevailing codes require a higher degree of flammability protection than foam meeting California Bulletin 117-2013, Falcon offers several alternatives, including protective barriers. Consult the website or your sales representative for current pricing.

Note 2: Due to the vast choice of upholstery covers with varying degrees of inherent flame retardancy and the availability of different flame treatments, specifiers and purchasers are responsible for evaluating the published data and selecting upholstery that addresses the conditions of the installation and meets applicable fire or building codes. Flame retardant-treated COM (Customer's Own Material) is applied at the customer's risk.

FATIGUE AND PRODUCT LIFE
The life of seating products is not pre-determinable but is influenced by the degree of use and maintenance. Multiple failures occurring after a period of years may indicate that seating has exceeded its safe, useful life and should be replaced to prevent injury.

Casters
Casters are not recommended on hard-surfaced floors. Chairs may move too freely and lead to injury. Chairs with four casters are not recommended for elderly care or for persons with impaired ability to seat themselves.

Storage
Furniture should not be stored in cartons for extended periods of time in high humidity areas. Products should be unboxed and stored in air-conditioned spaces to prevent a chemical reaction caused by the chemicals utilized in the flame-proofing process and to prevent mildew.

DIMENSIONS AND SIZES
All seating dimensions shown in sales literature are approximate. Due to various fabric buildups, widths can vary as much as 3/4". We assume no responsibility for overall dimensions unless specific limitations are clearly spelled out on the purchase order.

Banquet Seating Hand Trucks
Stacking chairs should only be moved with Falcon’s hand trucks or dollies specifically designed for the chair style. Damages caused by the use of improper equipment or equipment from others are not covered by warranties.

Glides
The standard chair leg glides (bottom leg wear protection) are molded nylon for general use and offer rust protection. Stainless steel base, nickel-plated steel base, and rubber- cushioned glides are available as an option for special floor situations. See Glide Section.

Design Patents
Products distributed and illustrated in the current Falcon catalog and price list are covered by various design patent numbers. Falcon is a registered trademark in most countries throughout the world.

FOAM FLAMMABILITY STANDARDS AND FIRE CODES
The standard urethane foam cushioning for Falcon seating meets the requirements of California Technical Bulletin 117-2013. Pyroguard II is available with an upcharge and meets the following:
- California Technical Bulletin 117-2013
- British Standard BS-5852 – Crib 5
- Motor Vehicle Safety Standard 302
- UL-94

Pyroguard I is also available for situations requiring more stringent flammability standards. Neoprene foams are available for extreme risk situations. Contact your Regional Sales Manager for price quotations and technical specifications. Flame barriers are available for installation under upholstery fabric to aid in meeting certain flame retardancy requirements. Contact customer support for price quotations and technical specifications.

NFPA-261 (TB-116)
These flammability standards, when specified, require individual testing. Consult the price list for costs and allow three weeks after receipt of fabric samples. Other small-scale flammability standards for in-line fabrics and upholstery components are available upon request. When fire codes require compliance with specific tests, this must be so indicated on the original purchase order. If testing is required, the cost will be billed to the customer.

Building managers and property owners are responsible for consulting local fire officials and/or fire safety engineers to determine applicable fire codes and to address fire risks of products selected. For further information on any product or other issues concerning flammability, please contact your Regional Sales Manager.

FABRIC CUTTING PRACTICES
Falcon will normally RAILROAD (top parallel to the selvage edge) all fabrics, including velvets, when cutting either our stock fabrics or Customer's Own Material. If in our opinion a fabric is designed to be cut TOPPED OUT (top perpendicular to the selvage edge, or up the bolt), or will present a better overall appearance if so cut, we will cut it TOPPED OUT. You may request that a Falcon fabric normally railroaded be applied top right. Your cost will be one grade higher than the regular grade for that fabric. You MUST specify the application of C.O.M. if you desire it to be applied in a particular direction. If no instructions are given, we will apply the fabric at our discretion. Falcon will not be responsible for anticipating your wishes unless specific cutting instructions are given to us PRIOR TO CUTTING.

Railroading
A term used by the upholstery industry in describing fabric application to a frame. The designs of many fabrics are woven or printed from edge to edge, or selvage to selvage. Fabrics of this type are applied to the frame as shown in Sketch “A” and fall under the “Railroading” classification. Patterns are also available with the designs woven or printed “toward the bolt” or “Topped-Out” and would be applied to a given frame as illustrated in Sketch “B”.

Specify on your order if fabric is to be topped out. Note: If a fabric or weave is non-directional, we will cut it to eliminate any exposed seams on cushion tops.

ACKNOWLEDGING AND PRICING WITH COM
A. Orders will not be entered unless or until COM description (Supplier, Pattern & Color) accompanies the customer’s purchase order.

B. Orders with COM will be acknowledged separately from orders with Falcon stock materials.

C. COM orders will only be scheduled for production after receipt of material. Allow eight weeks after receipt for shipment.

D. There will be a 10% upcharge above COM price for combination upholstery (two or more fabrics) applied to the same style.

E. When supplying genuine leather (COL), an upcharge of 20% will be made over COM prices.

F. When COM is striped, patterned design, or non-stretch construction, an upcharge of 20% will be added to cover additional cutting, sewing, and upholstery labor.

SHIPPING AND APPLICATION INSTRUCTIONS
A. On all orders specifying COM, please supply the following:

• A 12” x 12” size sample of the fabric stapled to the order
• Instructions for striped, plaid, patterned, or unusually designed fabrics on how to apply the fabric (direction of stripes, etc.) and which face to use on reversible fabrics.

In the absence of such instructions, Falcon will apply the fabric in what it determines to be the best manner and cannot be held responsible after upholstering.

B. When shipping, please mark all cover materials with the following:

• Dealer or designer’s name
• Our acknowledgement number
• Our style number
• Purchase order number
• Quantity
• Project Name

C. Ship PREPAID to:

Falcon
810 West Highway 25/70
Newport, Tennessee 37821
Attn: COM Department

D. Orders specified with COM or COL material will not be assigned a shipping date until the material is received.

CALCULATING COM YARDAGE REQUIREMENTS
A. 20% extra yardage should be included to allow for matching stripes, plaids, or large-size patterns. (See Pricing upcharge).

B. 20% extra yardage should be included for combination upholstery (two materials). (See Pricing upcharge).

C. All COM yardages are based on fabrics that are 54” wide, plain, with no repeat or matching. COM yardage for one upholstered piece must not be in short sections.

D. COM fabrics may require other methods of cutting and more yardage may be needed than shown in the price list. This will be determined at the time the order is placed in production.

DISCLAIMERS AND RESPONSIBILITIES FOR COM APPLICATIONS
A. The company reserves the right to refuse COM orders (or process without responsibility) where fabrics are unsuitable because of pattern, weight, width, stretch, etc.

B. We assume no responsibility whatsoever for the wearability of COM fabrics. They are applied totally at the customer’s own risk.

C. Only textiles meeting rigid contract specifications with directional stretch are suitable for upholstery using blind-tacking methods. We reserve the right to determine if COM meets these standards; if not, we reserve the right to upholster this material using exposed welting.

D. Falcon is not responsible for the disposition of any excess COM shipped to our facilities over that required by the original order. The customer is responsible for providing additional yardage where deemed necessary.

E. All estimated yardage requirements are based on 54” usable width. Yardage requirements are also based on plain fabrics and textures with reasonable workability in both directions. Fabrics with stripes, patterns, distinct textures, or other factors influencing pattern layout will require additional yardage.

Falcon assumes no responsibility for the flame retardancy of any COM. Customers are solely responsible for ensuring that COM complies with all applicable codes and regulations.

TEXTILE FLAMMABILITY INFORMATION
All upholstery materials stocked by Falcon meet the requirements of UFAC Class 1 and California Bureau of Home Furnishings Tech-Bulletin 117-2013, Section E.

Many upholstery materials stocked by Falcon also meet more stringent fire codes or test methods. Current information about a specific pattern is listed on the individual swatch cards, textile binder, and textile price list. If the material, as stock, does not meet your specific flame-retardant requirements, please contact our local sales representative or Falcon to see if further treatment is available.

Many flame-retardant treatments are salt solutions. Cleaning these fabrics with water or water-based forms will result in salt ringing. Solvent-based fabric cleaners or dry cleaning are alternate methods of cleaning. However, you are cautioned to test proposed cleaning procedures on a small portion of fabric before proceeding with the cleaning of the entire installation.

SPECIAL TEXTILE CAUTIONS

Chemical Reactions
Do not expose upholstery textiles to chlorine (including wet bathing suits and towels) or strong cleaning solutions—fading and deterioration may result. Cellulosic fabrics (cotton and rayon) are especially susceptible to damage from bleach. Flame retardant treatments may react with cleaning solutions, adversely affecting textiles. Test all cleaning solutions on a hidden section of te applying it to the entire chair.

UV Exposure
Textiles may be subject to fading or physical deterioration when exposed to sunlight or artificial UV sources. Olefin or polyolefin fabrics are especially susceptible to rapid deterioration in UV exposure. Do not use or store seating under these conditions. Falcon assumes no responsibility for the suitability or durability of C.O.L.B. Falcon in-line textiles are only offered with warranties expressed by the original manufacturer.

MISCELLANEOUS
Falcon's failure to strictly enforce any term or condition of an order or to exercise any right arising hereunder shall not constitute a waiver of Falcon's right to strictly enforce such terms or conditions or exercise such right thereafter. All rights and remedies under these terms and conditions are cumulative and are in addition to any other rights and remedies Falcon may have at law or in equity. Any waiver of a default by the customer hereunder shall be in writing by Falcon and shall not operate as a waiver of any other defaults or of the same default thereafter. If any provision herein is held to be invalid, illegal, or unenforceable, the validity, legality, and enforceability of the remaining provisions shall not be affected or impaired thereby. The paragraph headings herein are for convenience only; they form no part of the terms and conditions and shall not affect their interpretation. These terms and conditions shall be binding upon, inure to the benefit of, and be enforceable by, the parties hereto, and their respective heirs, personal representatives, successors, and assigns.

Governing Law
The transaction set forth in the invoice between the customer and Falcon has been entered into in the State of Tennessee. The laws of the State of Tennessee shall govern all matters as to the interpretation, performance, and enforcement of such a transaction. Subject to the arbitration provisions set forth in this document, in the event of any dispute between the customer and Falcon, each party consents to the exclusive personal jurisdiction of the state and federal courts located in the State of Tennessee for purposes of any suit, action, or other proceeding between the customer and Falcon.

ENVIRONMENTAL STATEMENT
Click here to read our environmental policy.

End Note: Please call the Customer Service Department with any questions pertaining to orders, shipping information, pricing, or any other questions you may have concerning a Falcon product. To expedite order information, supply the Customer Service person with your Falcon order number.

Falcon Customer Service
810 West Highway 25/70
Newport, TN 37821
Phone: 423-623-0031
customerservice@mycfgroup.com