Terms and Conditions

Order Cancellation Policy

Any order can be Cancelled prior to the production of the products. Essential Seating manufactures all of our products (including quick ship) on a per order basis and as such there is no certainty that we can resell or use these same products to fulfill other customer orders. Any orders for Classic or Custom products using fabrics, special colors, COM materials or unique sizes and shapes cannot be returned or cancelled at any point once production has begun. Cancelled orders will be subject to a restocking fee.

Color Fabric Disclaimer

Colors and fabrics may look different on certain browsers, cell phones or computers. Essential Seating can’t guarantee that the product colors and appearance of the fabrics are perfect matches for what is viewed online. If in doubt, feel free to call us for fabric swatches or color match samples.

Samples are usually available and customer requests are usually shipped out and received within a week.

Booth Orders = Sizes and Shapes

Essential Seating will make every attempt to ensure that the products shipped match the dimensions of the products ordered. That doesn’t mean the products will fit exactly into the spaces you want them to. Not all walls are perfectly straight or corners 90 degrees. Please take this variance into account in your measurements. Essential Seating builds all of our booth products by hand – as a result there may be slight differences (plus or minus) of between one to three inches. Please allow for this when you make your measurements.

Product Warranty

Essential Seating products have a standard warranty of one year on the structural integrity of the booths. Vinyl and fabric warranty issues must be taken back to the manufacturer for resolution assuming the issue is not related to ‘normal wear and tear’ as the result of use. In case of warranty issues, we reserve the right to either fix the problem or replace the product at our expense.

Payment Terms

Following standard industry practice all final invoices must be paid in full before delivery takes place. There is a minimum order charge of $1250 not including delivery charges.

Indemnification Clause

Client agrees, to the fullest extent permitted by law, to indemnify, defend and hold harmless Essential Seating, (“Essential Seating”), and its officers, directors, agents and employees and any of them (collectively, the “Essential Seating Parties”) from all claims, actions, damages, liabilities, losses, costs and expenses, including reasonable attorney’s fees and defense costs (collectively “Losses”), arising out of, or in any way connected with, the performance or nonperformance of Essential Seating’s obligations under this Agreement (including, without limitation, any act of negligence, omission or default by the Essential Seating Parties). If the claims, actions, damages, liabilities, losses, costs or expenses arise from Essential Seating’s negligence, omission or default, Client shall indemnify Essential Seating up to an amount not to exceed twelve times the amount of the fees charged for the services provided by Essential Seating in connection with this Agreement and the services hereunder. The parties agree that the foregoing amount of said indemnification bears a reasonable commercial relationship to the services provided by Essential Seating and that the indemnification provided herein is considered a part of the project quote and specifications. Notwithstanding the foregoing, the Essential Seating Parties shall not be entitled to indemnification hereunder for any Losses resulting from the Essential Seating Parties’ gross negligence, or willful, wanton or intentional misconduct, or for statutory violation or punitive damages (except to the extent the statutory violation or punitive damages are caused by or result from the acts or omissions of Client or any of the Client’s contractors, subcontractors, subsubcontractors, materialmen or agents of any tier or their respective employees). Except as set forth in the preceding sentence, the Essential Seating Parties’ rights to indemnification shall include, without limitation (including no limitation on a monetary amount), full indemnification for any and all Losses which may be suffered by any Essential Seating Party as a result of any breach by Client (or any of the Client’s contractors, subcontractors, subsubcontractors, materialmen or agents of any tier or their respective employees) of its obligations under the Agreement and indemnification for any and all losses caused by any act of negligence, gross negligence, recklessness, or willful, wanton or intentional misconduct by Client’s patrons, agents or employees.

Upon notice by the Essential Seating Parties, Client shall defend the Essential Seating Parties with counsel chosen by the Essential Seating Parties, subject to the consent of Client, which consent shall not be unreasonably withheld. The parties agree that this duty to defend is separate and distinct from any indemnity obligation, and the duty shall extend to any claims asserted against the Essential Seating Parties arising out of or related to the project, regardless of whether Client is obligated to indemnify the Essential Seating Parties for the loss, claim, or damage. If any provision of this indemnification clause is or becomes invalid, illegal or unenforceable in any respect, the validity, legality and enforceability of the remaining provisions contained herein shall not be affected thereby.