Warranty and Terms of Sale


Emblem warrants the products it sells to be free from defects in material and workmanship for a period of 5 years. This includes products used in residential and normal commercial environments with single-shift use (8 hour days, five 5 days per week). Additional information about our warranty (#14) can be found in our terms of sale, below.



These Terms of Sale are made as of the effective date specified (the “Effective Date”) by and between Emblem LLC, a limited liability company (“Emblem”), and you, the Purchaser), collectively referred to as the “Parties”, or individually, a “Party” at time of purchase or by signed agreement.

WHEREAS, Purchaser desires to buy from Emblem, and Emblem desires to sell to Purchaser certain furniture or other related Products (the “Product(s)”) as identified in certain Purchase Orders agreed to by the Parties from time-to-time (the “Purchase Order(s)”), each of which is incorporated into this Agreement by reference and subject to the terms of this Agreement.

THEREFORE, the Parties agree as follows:

  1. Supply of Products. Emblem shall supply to Purchaser certain Products as identified in certain Purchase Orders agreed to by the Parties from time-to-time, and in accordance with those specifications identified in such Purchase Order.
  2. Certain Product prices are listed on Emblem’s website and on other Emblem marketing materials for reference. Prices are subject to change without notice. The final prices on the Purchase Order supersede any other listed prices.
  1. Payment. Purchaser will pay to Emblem those payments identified on the Purchase Order, pursuant to the terms of the Purchase Order, including any deposits required to commence work on custom orders or otherwise. Generally, a 50% deposit is required to initiate an order, and the remainder is due prior to shipment, unless otherwise specified on the Purchase Order.
  1. Emblem shall ship all Products listed on the Purchase Order to the name and address set forth on the Purchase Order. Unless otherwise noted on the purchase order or agreed upon in writing by Emblem and the purchaser, Emblem will ship via best way at their discretion. All shipments are F.O.B. Emblem’s shipping dock.
  1. Shipping Charges.  All freight charges are the responsibility of the Purchaser and will be included in Purchaser’s invoice as a separate line item, and may include additional freight or delivery fees if Purchaser’s location is not easily accessible by truck or does not have a dock.  Shipping includes preparation for blanket wrap shipping including protective foam and plastic wrap with exposed legs/arms/detail work wrapped with additional foam. Emblem may completely box or partially box its Products in preparation for blanket wrap shipping. Emblem ships via blanket wrap and best way carriers and provides freight at as an option to its customers. Prior to pick-up date the Purchaser may request your order be made available via will call. Will call is offered without an additional fee, with exception of charges for additional boxing or palettizing if needed for shipping long distances or with common freight carriers.
  1. Damage or Defect Claims. Emblem strongly encourages you to inspect your Products at the time of delivery. Do not sign for damaged or defective goods. If you note any damage or defects, document and photograph the Products and packaging thoroughly. Immediately contact Emblem (hello@emblembuilt.com) and include documentation and photographs so that Emblem may file a freight claim for the shipment. If you are not able to fully inspect your furniture at time of delivery and find concealed damage after delivery, contact Emblem with your documentation and photos within 5 days of delivery. Please be aware that responsibility for quick documentation of damage is your sole responsibility. Emblem and its carriers are not liable for concealed damage that is not reported within 7 days of delivery. Failure to provide such notice to Emblem within 7 days of delivery shall be deemed acceptance of such Emblem Products as complete and satisfactory to Purchaser. Any claims of defective products will not be considered more than 7 days after delivery.  Emblem does not cover damage that occurs as a result of mishandling by your installation or delivery team.

    Upon receipt of notice from Purchaser to Emblem that Products are alleged defective, Emblem will reasonably assess the claim in good faith to determine whether the Products are defective at fault of Emblem. For the avoidance of any doubt, Emblem is not responsible for any Products damaged or lost by the carrier, the Purchaser, or any third parties outside of Emblem’s control. If Emblem determines that the Products are defective at fault of Emblem and are otherwise eligible for a return under this Agreement, then Emblem will authorize a return for an exchange and/or credit as reasonably determined by Emblem in its sole discretion.


  1. Claims, Returns, and Exchange Policy. Purchaser shall not be entitled to return Products without Emblem’s prior written approval, and credits and/or exchanges will only be considered if the delivered Products are defective, in violation of the warranty, and rejected pursuant to the terms of this Agreement.

    All defective Products must be returned or shipped to Emblem in their original packing material (or similar) and in “like-new” condition within ninety-six (96) hours of Emblem’s approval of the return. Any Products returned after that period will not be eligible for exchange or credit. Emblem reserves the right to examine and inspect all approved returned Products before determining whether a credit and/or exchange is warranted.

    Purchaser acknowledges and agrees that its sole remedy for any defective Products is an exchange of the Products by Emblem and/or a credit by Emblem, as determined by Emblem in its sole discretion.  Emblem does not issue cash refunds under any circumstances. Shipping charges are not refundable.
  1. Product Variations. Purchaser Acknowledges and agrees that Products may have variations in shade due to natural origin of wood, leather and fabric materials. Digital or printed images of colors in marketing or sample materials can also be slightly different from the originals.
  1. Purchaser’s Duties and Responsibilities. Purchaser agrees to use the Product(s) only for their intended use as furniture including furniture for resale. The Purchaser assumes, without limitation, all risk of injury, damage, or otherwise arising out of any use other than the intended use of an Emblem Product.
  1. The Purchaser agrees to assume all liability arising out of any use other than the intended use (i.e. furniture) of an Emblem Product by any third party who has directly or indirectly obtained the Product from the Purchaser. In addition, the Purchaser agrees to indemnify, defend, and hold harmless Emblem against all inquiries, claims, damages, actions, causes of action, injuries, and litigation arising out of any use other than the intended use of an Emblem Product purchased by the Purchaser.
  1. Emblem ships all orders upon completion and cannot store completed Products. Emblem reserves the right to charge a daily fee for furniture that is not accepted at its destination location. For will call shipments, Emblem reserves the right to charge a fee for any shipment that is not picked up 7 days after you are notified that it is ready for pick up.
  1. Emblem builds all furniture to order and while we manufacture as quickly as possible taking into account your requests for timelines, Emblem makes no guarantee that furniture will be completed or delivered within a set time frame. Emblem is not responsible for delays in lead time resulting from delays of fabric, leather or other material. Emblem is not responsible for delays resulting from lack of communication or approvals from you. Emblem is not responsible for delays resulting from unforeseen pandemic closures, natural disasters or acts of god. Production and freight timelines quoted by Emblem are a guideline only and are subject to change at any time during the course of your order.
  1. Custom Orders. In addition to our standard collection of furniture, Emblem also designs and manufactures custom furniture for specific needs. No custom furniture may be cancelled or returned, except as specifically authorized under this Agreement. You also acknowledge that any photographs submitted for design direction are for design intent only and exact duplication is not guaranteed.
  1. Warranty. All Products shall conform to the specifications included in the Purchase Order and shall be free from defects in design, materials and workmanship for five (5) years from date of shipment. During the warranty period Emblem will repair, or at its option, replace free of charge Products that are determined to be defective by Emblem. This warranty does not apply to damage resulting from accident, alteration, misuse, abuse, tampering or negligence.

    The following is a non-comprehensive list of examples of events NOT covered by Emblem's warranty:
  • Failure resulting from normal wear and tear, which does not constitute a defect.
  • Matching of colors of textiles or surface finishes, including an exact match to cuttings, samples, textile memos, or photos.
  • Changes in surface finishes or textiles, including colorfastness, due to aging, exposure to light or direct sunlight.
  • Damage, marking, or staining of finishes, including damage from sharp objects, or imprinting from writing instruments.
  • Discoloration of textiles and surface materials due to soiling, stains, or dye transfer from clothing, including denim.
  • Repairs completed by outside agents not approved in advance by Emblem.
  • Use of harsh cleaning agents that erode finishes and textiles. (Please see care information for cleaning recommendations.)
  • Exposure to extreme environmental conditions such as but not limited to heat, cold, and moisture, or products that have been subject to improper storage.
  • Installation in outdoor environments, or in interior environments receiving multi-shift or 24-hour per day use.

    Note that wood furniture is made of raw materials with natural variations. Among wood species, differences in grain and color are due to the natural character of wood and are not within the control of Emblem, nor considered defects in this warranty.

    Textiles and leathers are not covered by this warranty. Emblem leathers are not warranted against fading, wear or marking since these are beyond Emblem’s control.

    EMBLEM HEREBY DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY OF MERCHANTABILITY, NON-INFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE. This warranty shall be NULL, VOID, AND OF NO EFFECT if the Purchaser or any third party uses that Product for any use other than the intended use of that Product.
  1. Intellectual Property. Emblem is the sole and exclusive owner of all intellectual property associated with the Products. Emblem’s trademarks may not be used in any way, without prior written permission from Emblem. Emblem prohibits use of Emblem logo as part of a link to or from any site unless such link is approved in advance by Emblem in writing. Emblem aggressively enforces its intellectual property rights to the fullest extent of the law. Emblem can enforce this provision in any court of competent jurisdiction and is entitled to recover any costs in protecting its rights including recovery of reasonable attorney fees.


  1. In the course of supplying the Products, Purchaser may be exposed to confidential and proprietary information of Emblem, including designs, drawings, materials, manufacturing specifications, trade secrets, business and financial information and other confidential information (the “Confidential Information). Purchaser will keep confidential all Confidential Information of Emblem. During the term of this Agreement and at all times thereafter, Purchaser will refrain from disclosing or using any Confidential Information of Purchaser, except for the strict purposes or activities specifically authorized in this Agreement or if required by law. Purchaser will use all reasonable efforts to maintain the privacy of the Confidential Information in its possession or control.
  1. Purchaser shall indemnify, defend and hold harmless Emblem and each of its owners, employees, agents, and affiliates against any and all claims, actions, proceedings, liabilities, obligations, losses, damages, costs, or expenses (including reasonable attorney fees) incurred by Emblem or any of its affiliates to the extent (a) resulting from, or arising out of, or in connection with, any breach by Purchaser of any covenant or representation (b) any resale of the Products, or (c) relating to death or injury to any person or damage to any person or damage to any property and resulting from, or arising out of or in connection with, any act or omission constituting negligence or willful misconduct by Purchaser or any of its subcontractor's, officer, directors, employees or agents, during performance of its obligations under this Agreement.
  1. Relationship of the Parties. The Parties are independent contractors. Nothing in this Agreement shall be construed or intended to create any partnership, joint venture, or agency relationship between the parties. Nothing contained in this Agreement is intended or shall be construed to confer upon or give any person or entity other than the parties any rights under or by reason of this Agreement.
  1. Any notices required or permitted will be given to the appropriate party at the address and/or e-mail address specified in the Purchase Order, or such other address as the party may have subsequently provided in writing. Notices are legally effective when actually received. In addition to delivery by hand or by overnight courier such as FEDEX, UPS or other private delivery service signature required, a notice is deemed actually received three (3) days after sent certified mail return receipt requested, postage prepaid; and/or by facsimile or email with proof of transmission.


  1. Limitations on Liability. In no event will Emblem's liability TO PURCHASER OR ANY THIRD PARTIES IN CONNECTION WITH THIS AGREEMENT be more than the amount of the Purchase Order which is the subject of the alleged DAMAGES. In no event will Emblem be liable to Purchaser OR ANY THIRD PARTIES for any consequential, punitive, or other special damages under any theory of law.


  1. Purchaser shall not assign any of it rights or delegate any of its obligations under this Agreement without the prior written consent of Emblem.
  1. If any provision of this Agreement is found by a court of competent jurisdiction to be unenforceable for any reason, the remainder of this Agreement shall continue to be in full force and effect.
  1. Governing Law. California law, excluding its choice of law rules, shall be controlling for all purposes regarding any claim or dispute between Emblem and Purchaser. The sole and exclusive forum for any action commenced by Purchaser shall be in a state or federal court in California.
  2. Attorney’s Fees. If Emblem is the prevailing party in any suit or other legal proceeding between Purchaser and Emblem, Emblem shall be entitled to its reasonable attorney's fees and costs incurred therein.
  1. Force Majeure. Emblem will not be liable for any failure to perform under this Agreement in connection with strikes, labor problems, lockouts, contingencies of transportation, failure of usual source of supply of fuel, shortage of materials, accidents, Product delay or any other problems beyond Emblem's control. Emblem will make every reasonable effort to ship the Products once the delay is rectified.
  1. Entire Agreement. This Agreement, including the signed Purchase Order contains the entire understanding of the parties with respect to the subject matter and replaces any prior written or oral communications.
  1. No Waiver. No Party shall be deemed to have waived any provision of this Agreement or the exercise of any rights held under this Agreement unless such waiver is made expressly and in writing. Waiver by any Party of a breach or violation of any provision of this Agreement shall not constitute a waiver of any other subsequent breach or violation.
  1. Successors and Assigns. This Agreement shall be binding and inure to the benefit of the Parties and their respective legal representatives, heirs, administrators, executors, successors and permitted assigns.


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