Arteverk Trade Program — Trade Account Terms
Arteverk Home LLC · 1325 S Creek Dr, Suite 200, Houston, TX 77084 Version 2.1 · Effective September 2, 2026
These terms govern your trade account with Arteverk Home LLC. They open a prepaid account at trade pricing. They do not extend credit. If you want payment terms, ask us and we will send you a separate Credit & Approval Agreement.
1. Who these terms are for
1.1 The Trade Program is for professionals buying in the course of their business — interior designers, architects, decorators, home stagers, and furniture or flooring retailers. We may ask for evidence of your business before approving or continuing an account, including your legal name, entity type, state of formation, taxpayer identification number, and a resale or exemption certificate.
1.2 These terms are between you and Arteverk Home LLC only. Our affiliates contract separately and on their own terms. Nothing here creates any obligation of, or right against, any of them.
2. What trade pricing applies to
2.1 Trade pricing applies to goods bought for resale to your clients or for use in a client project — that is, purchases made in the course of your business. It is not the basis on which we sell goods for personal, family or household use.
2.2 If you want to buy something for yourself, just tell us and we will invoice it as an ordinary retail sale on our retail terms. That is straightforward and we are happy to do it.
3. You buy as principal
3.1 You purchase in your own name and for your own account, as principal and not as agent, broker or representative of any other person, including any client for whom the goods are ultimately intended.
3.2 You are solely liable for the price whether or not your client pays you, and whether or not your client accepts, approves, retains or takes delivery of the goods.
3.3 We have no contract with, and owe no duty to, your client. No person other than you and us has any right to enforce these terms or any part of them, and nothing in these terms confers any benefit on any third party.
3.4 You are an independent business. You are not our agent, dealer, franchisee or representative, you have no exclusive territory, and you have no authority to bind us or to make any representation or warranty on our behalf. You will not describe yourself as an authorised dealer, distributor or licensee of ours without a separate written agreement.
4. Orders, quotes and acceptance
4.1 A quotation is not an offer capable of acceptance and does not bind us. No order binds us until we accept it in writing or, if earlier, until we release the goods against cleared payment.
4.2 Prices are those in effect on the date we accept your order. A written quote is held for 30 days unless it says otherwise.
4.3 Most pieces are individual. A quoted piece is subject to remaining available, and a quotation of a specific piece is not a reservation. A piece is reserved only when payment for it has cleared.
4.4 Your purchase order or acknowledgement is for administrative convenience only. Additional or different terms in any document of yours are rejected and do not become part of our agreement, even if we ship the goods or accept payment.
5. Payment
5.1 Payment in full in cleared funds is required before goods are released or shipped. We accept wire, ACH, certified funds and card. These terms extend no credit.
5.2 If you want payment terms, ask us and we will send you a separate Credit & Approval Agreement to complete and sign. Until a credit line is approved and recorded, your credit limit is zero, and no member of our staff may promise, imply or negotiate payment terms.
5.3 Custom and made-to-order goods are paid in full at order and are non-cancellable once production has commenced.
5.4 A charge of $30, or the maximum then permitted by Texas Business & Commerce Code §3.506, applies to any returned or dishonoured payment. No interest accrues on that charge.
6. Trade pricing is confidential and conditional
6.1 Trade pricing is offered to you for your own project purchases and is not transferable. You will not disclose our net or trade prices to any person other than your client in the ordinary course of quoting a project, and will not use them except to perform this agreement. This obligation survives for three (3) years.
6.2 You will not resell goods bought at trade pricing to any reseller, marketplace, auction or online channel without our prior written consent, nor knowingly supply any person you know or should know intends to.
6.3 Trade pricing may be suspended while your account is past due or under review.
6.4 Breach of 6.1 or 6.2 is a material default. In addition to our other remedies we may suspend or close your account, and — because damages would be an inadequate remedy — we may seek injunctive relief.
7. Taxes and resale certificates
7.1 You pay all sales, use and excise taxes on your purchases, except taxes on our net income. Tax on a delivered sale is calculated on the delivery address.
7.2 Where you claim exemption from sales or use tax, you will give us a valid, current resale or exemption certificate before the first exempt sale, will tell us immediately if it ceases to be valid, and represent that your use of the goods will be consistent with it.
7.3 You indemnify us against any tax, interest and penalty assessed against us because a certificate was invalid, expired or improperly claimed.
8. Delivery, title and risk of loss
8.1 Unless the face of the order states otherwise, delivery is FOB our Houston facility, and title and risk of loss both pass to you on delivery to you or to your nominated carrier.
8.2 Where you direct delivery to a client, jobsite or third-party receiver, delivery is complete and title and risk pass on tender at that address, and any signature at that address is evidence of delivery to you.
8.3 You are responsible for freight, transit insurance, site readiness, access and measurement, and for any storage, redelivery, detention or waiting charges arising from a refused or deferred delivery. Delivery dates are estimates.
8.4 Any claim against a carrier is yours to bring; we will cooperate by providing documentation. Carrier liability on an interstate motor shipment is limited by the carrier's tariff and by 49 U.S.C. §14706 unless a higher value is declared and the applicable charge paid. If you want a value declared, tell us at the time of order.
9. Inspection and acceptance
9.1 Please inspect the goods on arrival and tell us in writing of any shortage, visible damage or nonconformity within ten (10) days of delivery. Where goods are delivered crated to a client site and remain unopened, that period is ten (10) business days.
9.2 Tell us in writing of any hidden defect within thirty (30) days of delivery.
9.3 These periods run from tender at the delivery address and are not extended by your absence or your client's, by installation scheduling, or by a client's later objection. After they expire the goods are accepted.
9.4 Your notice must identify the affected pieces and the defect.
10. Returns
10.1 Returns require our written return authorisation in advance. Goods returned without one may be refused.
10.2 Custom, made-to-order, cut-to-size and clearance goods are non-returnable and non-refundable.
10.3 Goods returned by agreement must come back in the condition in which they were delivered. You are responsible for damage beyond that arising from ordinary inspection, and for return freight and transit risk unless we agree otherwise in writing.
10.4 Delivery and installation charges are not refundable. We do not currently charge a restocking fee on authorised returns, though we may introduce one for future purchases.
11. Hand-made goods
11.1 Many pieces are hand-made. Variation in colour, size, texture, pile and pattern — between pieces, and between a piece and its photograph, screen display, sample or a prior order — is a characteristic of the craft and is not a defect.
11.2 Natural fibres and vegetable or natural dyes may shed, release loose pile, exhibit abrash (natural tonal banding), or shift in tone with light and age. This is not a defect.
11.3 Where a size is stated it is nominal; hand-woven rugs are rarely perfectly rectangular.
12. WARRANTY
12.1 WE WARRANT ONLY THAT THE GOODS CONFORM TO THEIR DESCRIPTION ON THE FACE OF OUR ORDER CONFIRMATION OR INVOICE.
12.2 WE DISCLAIM ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. The characteristics described in section 11 are inherent to hand-made goods and are not covered by any warranty.
12.3 Your exclusive remedy for goods properly rejected under section 9 is, at our option, repair, replacement, or refund of the price paid for the affected pieces.
13. LIMIT OF LIABILITY
13.1 OUR TOTAL LIABILITY ARISING OUT OF OR RELATING TO ANY TRANSACTION UNDER THESE TERMS WILL NOT EXCEED THE PRICE PAID FOR THE GOODS GIVING RISE TO THE CLAIM.
13.2 WE ARE NOT LIABLE FOR INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES, OR FOR LOST PROFITS, LOST SALES, LOSS OF USE, DELAY, OR DAMAGE TO FLOORING, SUBFLOOR OR PREMISES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY.
14. Your indemnity
You will indemnify, defend and hold us harmless from any claim, loss, liability, penalty and expense, including reasonable attorney's fees, arising from: your resale, marketing or description of the goods; any representation about the goods that goes beyond our description under 12.1; your breach of these terms; your or your client's misuse, alteration or improper installation of the goods; and any tax matter under section 7.
15. Our designs, images and marks
15.1 All designs, patterns, drawings, photographs, copy, catalogues, trademarks and trade dress associated with us remain our exclusive property.
15.2 You receive a limited, revocable, non-transferable, non-sublicensable licence to use product images and descriptions we supply solely to market the specific pieces you have purchased, ending when those pieces are sold or on notice from us.
15.3 You will not reproduce, copy, adapt or reverse-engineer any design or pattern; commission or source substantially similar goods from anyone else; register or use any mark confusingly similar to ours; use our marks in a domain name, marketplace store name, advertising keyword or metadata except as licensed; or remove or alter any label, tag or identifying mark.
16. Photographs of installed work — optional
16.1 If you confirm this option separately — it is optional, and is not granted unless you affirmatively choose it — you grant us a non-exclusive, royalty-free licence to photograph the goods as installed or displayed, and to use those images together with your business name and logo in our marketing, without further compensation.
16.2 Where the goods are installed at premises owned or occupied by anyone other than you, this licence takes effect only if that person has also consented in writing, which you will obtain and provide to us on request. We will not publish an image identifying a private residence's address, and will remove any image on your written request.
17. Authority, changes and waiver
17.1 No member of our staff is authorised to make any promise, warranty or representation that is not written in these terms or on the face of our order confirmation.
17.2 No amendment or waiver of these terms is effective unless in writing signed by an officer of Arteverk Home LLC. Our acceptance of a late payment, our forbearance, or a course of dealing does not waive any term or any later default.
18. No memo, approval or consignment under these terms
No goods are released to you on memorandum, on approval, on trial, or on consignment under these terms. Any such placement requires a separate written agreement, is approved separately from any credit decision, and is subject to its own terms. Approval of a trade account is not approval to receive goods on memorandum or consignment.
19. Duties, tariffs and charges imposed after quotation
Prices assume the duty, tariff, customs charge and freight rates in effect when we quote. Any new or increased duty, tariff, customs charge, surcharge or government levy imposed on the goods after that date — including one imposed with retroactive effect — is for your account and may be added before shipment, or we may cancel the unshipped portion without liability. If a charge we have passed on to you is later refunded to us by the United States Government, we will credit the refunded amount to you, net of the cost of recovering it, within thirty (30) days of receiving it.
20. Force majeure
We are not liable for delay or failure caused by events beyond our reasonable control, including acts of God, fire, flood, epidemic, war, civil unrest, terrorism, labour dispute, carrier or port delay, container shortage, closure of shipping lanes, government action, embargo, sanctions, tariff action, customs detention, currency restriction, or failure or delay of our suppliers or of weaving, washing or finishing facilities. We may allocate available goods among customers in any commercially reasonable way. Your payment obligations are not excused by force majeure.
21. Suspension and closure
We may suspend or close your trade account at any time on notice, without liability, including where you breach these terms, where evidence of your business is not provided, or where an account is inactive. Suspension or closure does not affect an order we have already accepted and you have already paid for, and does not release any obligation that survives under section 25.6.
22. Changes to these terms
22.1 We may update these terms. The version in force for an order is the version shown to you and accepted when that order was placed, and a change does not apply retroactively to an order we have already accepted.
22.2 We notify open accounts of material changes, and continued ordering after notice is acceptance of the version notified.
22.3 We retain every version of these terms with its effective date, and can produce the version you accepted.
23. Your information
23.1 We hold your business and contact details, and any resale or exemption certificate you give us, to operate your account, to fulfil orders, and to meet our tax and record-keeping obligations. We do not sell your information.
23.2 We may share a certificate or transaction record with a taxing authority, an auditor, or our professional advisers where required.
23.3 We take reasonable measures to protect the information you give us. Card payments are handled by our payment provider.
24. Electronic records and signatures
The parties consent to transact electronically. An electronic signature — including one captured on a signature pad, touchscreen, stylus, or by typed or clicked assent — has the same legal effect as a handwritten signature, and an electronic record of these terms is an original for all purposes, admissible and not subject to objection on the ground that it is not in writing or not an original. You consent to receive order confirmations, invoices and notices by email to the address on file, and will keep that address current.
25. General
25.1 Entire agreement. These terms, together with the face of our order confirmation or invoice, are the entire agreement between us on this subject and supersede all prior discussions.
25.2 Notices. Notices to you are effective when sent to the postal or email address on file. Notices to us must be in writing to Arteverk Home LLC, 1325 S Creek Dr, Suite 200, Houston, TX 77084, and are effective on receipt.
25.3 Assignment. You may not assign these terms or any right under them without our written consent. We may assign freely, including to an affiliate.
25.4 Construction. Headings are for convenience. "Including" means "including without limitation." These terms will not be construed against either party as drafter.
25.5 Severability. If any provision is held unenforceable it will be modified to the minimum extent necessary to be enforceable, or severed if it cannot be, and the rest remains in effect.
25.6 Survival. Sections 3, 6, 7, 10, 12, 13, 14, 15, 16, 23, 26, 27 and 28 survive the closure of your account and the completion of any order.
26. Resolving disputes
26.1 Talking first. Before either of us files an action arising out of or relating to these terms or the goods, other than an action described in 26.3, the party with the complaint will give the other written notice describing the complaint and what is being asked for, and the parties will confer in good faith within thirty (30) days of that notice.
26.2 Mediation. Where the amount in dispute is more than $25,000, either party may then require the dispute to be submitted to non-binding mediation before a mediator the parties agree on, in Harris County, Texas, with the mediator's fee shared equally and each party bearing its own costs. Where the amount in dispute is $25,000 or less, either party may propose mediation and the other may accept or decline.
26.3 What this does not delay. Sections 26.1 and 26.2 do not apply to, and do not delay: (a) an application for a temporary restraining order, injunction, specific performance or other equitable relief, including to enforce sections 6 and 15; (b) an action to collect an amount due; or (c) any step necessary to preserve a claim before a limitations period expires.
26.4 Not a bar to filing. A failure to comply with 26.1 or 26.2 is not a defence to any action, does not deprive any court of jurisdiction, and is not a ground to dismiss or abate. Its only consequence is that a court may take the failure into account in allocating the costs of the action.
26.5 Texas law; jurisdiction. These terms are governed by the laws of the State of Texas, without regard to its conflict-of-laws rules. Each party consents to the personal jurisdiction of the state and federal courts sitting in Harris County, Texas, agrees that any action arising out of or relating to these terms or the goods may be brought in those courts, and waives any objection based on inconvenient forum or on lack of personal jurisdiction in those courts. Where the aggregate stated value of a transaction is $1,000,000 or more, the parties further agree under Texas Civil Practice & Remedies Code §15.020 that an action arising from it may be brought only in Harris County, Texas.
27. Time limit on claims
Any action you bring arising out of or relating to these terms or the goods must be commenced within two (2) years after the cause of action accrues. That two-year period is suspended from the date a notice is given under 26.1 until the later of (a) thirty (30) days after that notice and (b) the conclusion of any mediation held under 26.2. Section 26 does not operate to reduce the time available to commence an action to less than two years after the cause of action accrues.
28. Costs of enforcement
If we refer any amount for collection or bring any action to enforce these terms, you will pay our reasonable attorney's fees, court costs, collection agency fees, expert fees and expenses, whether or not suit is filed, including on appeal and in any bankruptcy or insolvency proceeding.
WAIVER OF TRIAL BY JURY
EACH PARTY KNOWINGLY, VOLUNTARILY AND INTENTIONALLY WAIVES ANY RIGHT TO TRIAL BY JURY IN ANY ACTION ARISING OUT OF OR RELATING TO THESE TERMS OR THE GOODS. THIS MEANS THAT ANY SUCH DISPUTE WILL BE DECIDED BY A JUDGE AND NOT BY A JURY.
Acceptance
I confirm that I am authorised to accept these terms on behalf of the business identified in this acceptance, that the business is buying in the course of its business, and that I have read them.
Where these terms are accepted electronically, we record the acceptance together with the business legal name, entity type and state of formation, the name and title of the person accepting, the date and time, and the version of these terms displayed at that moment. We will make a complete copy of the version you accepted available to you in a form you can download, store and print, and will send it to the email address on file.
Where these terms are accepted on paper, the business legal name, entity type and state of formation, and the name, title, signature and date of the person accepting are recorded on the signature page, which forms part of the accepted terms.
Arteverk Trade Account Terms, version 2.1, effective September 2, 2026.
Typing your name is a signature. These terms open a prepaid
trade account at trade pricing — they extend no credit. If you would like payment terms,
ask us and we will send a separate credit agreement.