Terms & Conditions of Sale

Prices indicated do not include packing, handling, shipping, delivery, installation or insurance charges.  Prices are designer net to the trade. All items are quoted F.O.B. Los Angeles, California. All applicable  taxes are the responsibility of the purchaser. Prices are subject to change without notice and should be confirmed with your sales representative before ordering.

All purchasers registering a trade account and purchasing with designer net pricing and not paying local sales tax must provide Philip Nimmo with a copy of their valid resale  license. A copy of your resale license must accompany your first order when registering with Philip Nimmo.

When ordering, always designate product name, number, specifications, and finish options. Care in  ordering avoids costly errors. Any design changes made by the client after production has begun will be subject to additional charges and may affect delivery dates.

A fifty percent (50%) deposit is required to initiate production. The balance is due in full upon completion  of the order and prior to shipping.

All orders are non-cancellable and any 50% deposit or full deposit is non-refundable. No returns. All  orders become non-cancellable upon receipt of deposit.

Production will not begin until all order details have been specified by the client. Details may include but  are not limited to dimensions, materials, finishes, and COM/COL.

The Lead time is calculated starting upon the date that all of the following are received: 

1. 50% deposit and P.O.
2. Signed copy of our Order Acknowledgement and Terms & Conditions
3. Receipt of COM/COL and COM Form if applicable
4. Approved finish sample if applicable
5. Approved shop drawings if applicable 

Approximate production time is 10 to 12 weeks. Please be advised that due to the artistic and custom  hand-made nature of our manufacturing process, an exact completion date cannot be guaranteed. Please  note that due to the use of natural materials in the production of Philip Nimmo products, there may be  slight variations in color and texture.

Rush orders can be placed on certain items for an additional fee. Please contact Philip Nimmo to check  feasibility before placing a rush order. 

Because all items are made and assembled by hand, measurements may vary slightly from those stated. 

We reserve the right to improve upon any of our designs or finishes without prior notice.  Dimensions/design may vary slightly from those specified or seen in showrooms or on tear sheets, since  all items are handmade and hand assembled. The natural material used in our designs will always vary in  exact size, shade, texture, and pattern, creating a truly unique piece. All of our finishes are applied by  hand and may not match finish samples exactly. Gems, geodes and stone will vary in color, size, shape,  and texture. Fissures and exposed crystals in geodes and stone are to be expected. By the nature of the  material, mica will experience occasional flaking.

A COM form must be completed and returned prior to the start of production. Please indicate if  railroading is required and/or fabric direction. Any variation should be confirmed with Philip Nimmo.  Production of any order will not begin until all COM/COL materials are received at Philip Nimmo. Philip  Nimmo will not be held responsible for any delays in production due to COM/COL that has been delayed due to shipping, etc. We are not responsible for the quality of materials supplied by clients. We will do our best to call attention to any concerns we may have with the supplied material. If additional work is  required due to the quality of the COM/COL there may be additional charges.

Finish Sample to Match for all custom orders will be $150.00 per custom finish sample. These are samples pertaining to custom orders only, and do not pertain to Philip Nimmo standard, premium, or water gilded finishes. Custom finish samples made to match, per the designer’s request, covers the cost of two samples of one custom finish. One for the designer to review and approve, and one for Philip Nimmo to hold on file. 

Philip Nimmo offers prepaid freight terms and will prepay the shipping directly. Charges for packing  and/or crating, insurance and delivery will be added to the final invoice and must be paid before items are  shipped. Please specify if you would like to make your own shipping arrangements and we will provide  the appropriate information when your order is complete. Prices are FOB Los Angeles. 

All of our items, due to the weight of metal products and/or construction, should be lifted from the base.  All items with special instructions will be labeled accordingly and should be strictly followed.

As an order nears completion, we will invoice for the balance due. Balances due should be paid within 10  (ten) working days from invoice date to avoid pick up delays. Due to the limited space at our facility, we  require the completed order to be picked up within 15 days of completion. Commencing on the 16th day,  we charge 2% of the sales price per calendar week or any fraction thereof. We also reserve the right to  transfer merchandise to a commercial storage warehouse with the storage charges in the name of the  purchaser. All storage and transportation charges must be paid before merchandise will be released.  Please call to verify the total storage fees due prior to picking up stored merchandise. If payment in full  has not been received within 90 days of final invoice, Philip Nimmo reserves the right to retain the  merchandise and to declare forfeiture of the deposit as liquidation damages. Philip Nimmo retains the title to all merchandise until fully paid by the customer.

Freight damage claims are to be made by the client directly with the shipping company. Once your order  has left our workshop it is the responsibility of the shipping company to ensure that products arrive safely  and in a timely manner. Upon delivery of the merchandise, the receiver is encouraged to unpack all  materials, inspect thoroughly, and note any damage on the signed freight bill of lading. The receiver will  have approximately 3 days to report any damage (time varies by shipping company). If any damage is  found, contact the shipping company immediately to initiate a freight claim. Keep all packing materials  until inspection is complete, as they may be needed if items need to be returned or shipped for repair. If  an item is damaged in shipping or requires shipment for repair, the client must pay for shipping both to the workroom and back to the client.

Products are not UL listed unless specified at the time of order. Please consult all rules, regulations, and  codes regarding the electrical listing requirements for your intended application. 

All design and content displayed in the price book, catalog, on PhilipNimmoDesign.com, artwork,  photography, text, illustrations, graphics, images, and the like are property of Philip Nimmo and are  copyrighted and protected. All rights reserved. Any use of copyrighted materials without prior written  authorization by Philip Nimmo is strictly prohibited and will result in legal action. 

Philip Nimmo does not sell or share any personal or business information supplied to Philip Nimmo.

All disputes between Buyer and Seller shall be determined exclusively by binding arbitration in Los  Angeles, California under the rules of the American Arbitration Association applicable to such disputes. The prevailing party in any arbitration or other proceedings related to or arising out of this agreement  shall be entitled to recover reasonable attorney’s fees and costs.

Phillip Nimmo warrants all products against defects in materials and workmanship for one (1) year from  ship date. This warranty does not apply to breakage resulting from misuse, accidents, abuse, neglect,  mishandling or wear resulting from normal use. Philip Nimmo does not warrant finishes against fading  and oxidizing, as metal and other finishes can change over time. Warranty is voided if anyone other than  Philip Nimmo works on or repairs pieces.