Official Terms and Conditions
1. LIMITED WARRANTY POLICY – EFFECTIVE FOR ORDERS PLACED AFTER JUNE 10, 2010.
a. One (1) Year Initial Warranty. Company warrants products to be of high quality and free from defects for a period of one (1) year from the date of purchase. In the event of defect, Company’s obligation shall be limited to free labor and parts for repair or replacement, solely at Company’s option, of any defective part for the first year of Warranty. In no event shall Company’s liability to the Customer exceed the cost of the equipment.
Customer’s sole remedies shall be as set forth herein, and shall be limited to the cost of repair, and, within the Company’s discretion, replacement of the defective item. All equipment and products are to be used and operated by qualified, trained professionals ONLY. Company does not warrant on color variations in the parts and materials that make up the finished products. Materials are not warranted against normal wear and tear, fading, staining, soiling, crushing, abuse, misuse, improper maintenance, or unauthorized repair, all of which are influenced by the user created environment or to the care to which the product is exposed during use.
This limited warranty does not cover the damage caused in transit, improper installation, excessive use, modification or alteration by the CUSTOMER or third parties. Company reserves the right to substitute similar parts and products for discontinued items. This Limited Warranty is NOT transferable.
b. Initial One (1) Warranty Procedure. Customer must make a written claim to Company describing the defect in detail. If the product needs to be shipped back to Company for repairs, Customer MUST obtain a Return Authorization Number from Company. No returns will be accepted without a Return Authorization Number. Customer will pay all shipping and handling charges to ship the product to Company. Company will provide free labor and parts to repair the defect, and shall return the product to Customer at Company’s cost. If the product does not need to be shipped back, Company will send free parts to Customer at Company’s cost. No parts will be provided without photographic evidence of the defect.
c. Two (2) Year Extended Warranty – PARTS ONLY. After the initial one (1) year warranty expires, Company shall provided an extended limited warranty for two (2) years to cover replacement of parts only. Customers must provide photographic evidence of the defect with its written request under the warranty. No parts will be provided without photographic evidence of the defect. During the extended warranty period, Company’s sole obligation will be to send free parts for repair or replacement to be completed by Customer. Customer shall bear all shipping and handling costs. UNDER NO CIRCUMSTANCES WILL COMPANY ACCEPT RETURNS OF EQUIPMENT FOR REPAIR DURING THE EXTENDED WARRANTY PERIOD. ALL REPAIRS MUST BE COMPLETED BY CUSTOMER OR CUSTOMER’S QUALIFIED TECHNICIAN.
THIS WARRANTY IS DELIVERED TO THE CUSTOMER PURSUANT TO THE PURCHASE CONTRACT ENTERED INTO BETWEEN THE PARTIES, AND THIS WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES, WHETHER ORAL OR IN WRITING, OF THE COMPANY, EXPRESS OR IMPLIED (INCLUDING, WITHOUT LIMITATION ANY IMPLIED WARRANTY OF MERCHANTIBILITY OR FITNESS FOR A PARTICULAR PURPOSE), AND INURES ONLY TO THE BENEFIT OF THE ORIGINAL CUSTOMER.
THIS WARRANTY SHALL NOT COVER DAMAGE RESULTING FROM ACTS OF GOD, FORCES OF NATURE, AND/OR ACTS OF THE CUSTOMER OR THIRD PARTIES, SUCH AS THE FAILURE TO PERFORM NECESSARY MAINTENANCE AND CLEANING. COMPANY EXPRESSLY AND UNEQUIVOCALLY DISCLAIMS ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR USE, WHETHER ARISING UNDER THE COMMERCIAL CODE, OR ANY OTHER STATUTE.
THE REMEDIES PROVIDED HEREIN ARE THE CUSTOMER’S SOLE AND EXCLUSIVE REMEDIES AND IN NO EVENT SHALL THE COMPANY BE LIABLE FOR DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF PROFITS) WHETHER BASED ON CONTRACT, TORT, OR ANY OTHER LEGAL THEORY. CUSTOMER HEREBY EXPRESSLY AND KNOWINGLY WAIVES ANY AND ALL CLAIMS FOR DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF PROFITS) THAT MAY ARISE AS A RESULT OF A BREACH OF COMPANY’S WARRANTY, DEFECTS DUE TO FAULTY WORKMANSHIP OF ASSEMBLED PRODUCTS, AND /OR THAT ARISE OUT OF COMPANY’S OWN NEGLIGENCE. CUSTOMER AGREES TO INDEMNIFY AND HOLD HARMLESS COMPANY FROM LIABILITY FOR ANY SUCH DAMAGES, INCLUDING, BUT NOT LIMITED TO DAMAGES ARISING FROM COMPANY’S OWN NEGLIGENCE.
a. Regular Merchandise: All items that are ordered and paid in full or with a deposit and not yet picked up or delivered will be subject to a 20% cancellation fee (based upon 20% of the total purchase price, exclusive of taxes and freight charges) if refused or cancelled by the Customer to cover the cost of re-stocking the product. In addition to the Cancellation fee, Customer shall also be responsible for any and all freight charges incurred due to the cancellation.
b. Custom Manufactured Products: Any deposits made by the Customer with respect to CUSTOM MANUFACTURED PRODUCTS shall be forfeited in full if the Customer refuses to accept delivery of such goods as, and when, specified or contemplated by this contract. The forfeiture of such deposit shall constitute liquidated damages and not a penalty and shall be in addition to any other rights or remedies to which the Company may be entitled to pursue at law or in equity.
c. Checks: All returned checks are subject to a $100.00 bookkeeping charge.
3. DELIVERY TERMS.
Company has the right to cancel any order at any time for any reason. Any delivery dates specified in the order will be deemed estimates only. Under no circumstances shall Company have any liability whatsoever for loss of use or for any direct, indirect, or consequential damages resulting from delay regardless of the reason(s). By placing an order, Customer agrees that the time of delivery is not of the essence, and waives any and all claims from any delay in delivery, including without limitation any claims for direct, indirect, incidental, consequential, or other damages.
Company shall not be liable for any delay or failure to deliver beyond Company’s control, including but not limited to Acts of God, strikes, labor disputes, accident to machinery, availability of materials, acts of war, terrorist acts, sabotage, riots, laws, statutes, ordinances, rules or regulations, restrictions imposed by any governmental authority, delay in transportation or lack of transportation facilities.
Company is not responsible for the non-execution, irregularity or delayed deliveries affected by the cause of force majeure as well as in the event of modifications made by Customer. In any of these cases the Customer shall not be entitled to damages of any kind. For international shipments, Company bears no responsibility with respect to customs clearance in the country of delivery, custom duties, VAT or any other charges or taxes within the country designated for delivery by Customer.
All new merchandise must be returned within 30 days from the date customer takes delivery of items and are subject to a restocking fee of 20% and Customer’s payment of all shipping costs. Returned or Cancelled items (whether shipped or not) are subject to a 20% cancellation fee and all shipping costs. There are no exceptions to this policy. Custom items are not returnable unless there is a defect in workmanship that cannot be remedied by the Company. Absolutely no goods may be returned to Company without Customer obtaining a Return Authorization Number from Company. Returns must include shipping instructions and original packing. Unauthorized returns will not be accepted and no credit will be issued.
5. PRODUCT INSTALLATION, MAINTENANCE, AND SERVICE
A licensed plumber MUST perform all installations and services for plumbing and related equipment professionally. Documentation must be provided at the time of claim. Additionally, a licensed electrician MUST perform all installations and services for electrical and related equipment professionally. Documentation must be provided at the time of claim.
THERE ARE NO EXCEPTIONS. Failure to do so will void Company’s limited warranty. All of our equipment and furniture are to be used by trained licensed professionals only. Customer has the responsibility to make sure the product is purchased for your own intended use. Customers MUST periodically check and tighten ALL connections on assembled furniture and equipment monthly.
6. FREIGHT SHIPMENTS
FOR YOUR PROTECTION – The acceptance of this shipment by the transportation company is an acknowledgement that the articles were delivered to them in GOOD CONDITION AND PROPERLY PACKED. The carrier who delivered this merchandise to your door is responsible for its safe delivery.
IF THE SHIPMENT IS DAMAGED (VISIBLE OR CONCEALED):
A. Have delivery person note on freight bill the nature and extent of damages.
B. Notify the transportation company’s office to inspect merchandise.
C. File claim for damages at once. In filing a claim, you may make a cash adjustment with the transportation company, for full value, arrange to have repairs made, or replace the merchandise.
D. If the damage is unnoticed until merchandise is unpacked, notify the transportation company’s office immediately and ask to have it inspected.
E. Do not destroy packing material until shipment is inspected and claim is settled.
7. RISK OF LOSS
All items purchased from Company are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to Customer upon our delivery to the carrier.
If the shipment delivered to you is not in accordance with the quantity of cartons as shown on your receipt, do not accept it until such shortages are noted on the Freight Bill and Bill of Lading. ANY CLAIMS FOR LOSS OR DAMAGE should be filed immediately with the transportation company that makes delivery to your door. We accept no responsibility for goods damaged in transit. Claims for loss or damage MUST NOT be deducted from our invoice, nor payment thereof pending adjustment of such claims.
9. WAREHOUSING FEES.
Storage charges will apply if Customer does not make arrangements to have product shipped within thirty (30) days of purchase. Customer shall incur a charge of $55 per day after thirty (30) days.
10. PRODUCT CERTIFICATION.
Some Countries, States, or Cities have regulations or codes requiring special product features or specific certifications. It is the Customer’s responsibility to be informed of any certification required and to ask for product certifications prior to ordering. The Company will not be responsible for products not meeting local codes or special requirements needed. No special compensation will be applied if the products purchased do not meet local codes. General rules for cancellations and returns will apply. It is Customer’s responsibility to make sure that their desired products will pass inspections and local codes before proceeding with the purchase.
11. ELECTRONIC COMMUNICATIONS
When you visit Company’s website or send e-mails to Company, you are communicating with Company electronically. You consent to receive communications from Company electronically. Company will communicate with you by e-mail or by posting notices on this site. You agree that all agreements, notices, disclosures and other communications that Company provides to you electronically satisfy any legal requirement that such communications be in writing.
12. LICENSE AND SITE ACCESS
Our company grants you a limited license to access and make personal use of this site and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of our company. This license does not include any resale or commercial use of this site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools.
This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without our express written consent. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of our company and our affiliates without express written consent. You may not use any meta tags or any other “hidden text” utilizing our company name or trademarks without our express written consent.
Any unauthorized use terminates the permission or license granted by our company. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to our home page so long as the link does not portray our company, its affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any company logo or other proprietary graphic or trademark as part of the link without express written permission.
13. GOVERNING LAW
The existence, validity, construction and operational effect of this Agreement, and the rights and obligations hereunder of each of the parties shall be governed and determined in accordance with the internal laws, and not the law of conflicts, of the State of Illinois, and exclusive venue over any disputes between the parties shall be in the federal or state courts located in Cook County, Illinois, as applicable.
14. ATTORNEY FEES
In the event that Customer breaches the Purchase Agreement or these terms and conditions, Company shall be entitled to recover from Customer its reasonable attorneys’ fees, collections costs, filing fees incurred in enforcing this agreement and enforcing its legal and other remedies against Customer.
If any provision of these terms and conditions is found by a court of competent jurisdiction to be unenforceable or overly broad, then that term shall be amended so as to be interpreted to the maximum extent permitted by law, if possible. If not possible such term shall be severed from the contract, and the remaining terms and conditions shall remain, in full force and effect.
16. ABOUT FINANCING
Financing offered by unaffiliated third parties. Taxes, fees and other charges are extra and vary. Monthly payment can vary.
17. THIRD PARTY DISCLOSURE
Customer information, whether public or private, will not be sold, exchanged, transferred, or given to any other company for any reason whatsoever, without the consent of the customer, other than for the express purpose of delivering the purchased product or service requested by the customer.
18. PRIVATE INFORMATION SECURITY
For your safety and protection, your credit card information is not stored on our servers.
19. EMAIL USAGE
a) The email address you provide for order processing, may be used to send you information and updates pertaining to your order, in addition to periodic company news, updates, and/or related product or service information, etc.
b) If you decide to opt-in to our mailing list, you will receive emails that may include company news, updates, related product or service information, promotions, etc. However, you may opt-out at any time by (please enter the opt-out or unsubscribe process here. This may be something like clicking the unsubscribe button at the bottom of your emails.
a) Customer acknowledges, represents and warrants that it currently complies with, and at all times shall comply with, and shall not act to contravene, relevant laws, codes, and regulations applicable to the purchase and sale of Products under these terms and conditions. Customer further acknowledges and agrees that the goods, design, and technology subject to these terms and conditions are subject to the export control laws and regulations of the United States, including, but not limited to, the Export Administration Regulations (“EAR”), and sanctions regimes of the U.S. Department of Treasury, Office of Foreign Asset Controls.
Customer shall not, without prior U.S. government authorization, export, re-export, or transfer any goods, design, or technology subject to these terms and conditions, either directly or indirectly, to any country subject to a U.S. trade embargo or to any resident or national of any such country, or to any person or entity listed on the “Entity List” or “Denied Persons List” maintained by the U.S. Department of Commerce or the list of “Specifically Designated Nationals and Blocked Persons” maintained by the U.S. Department of Treasury.
b) Customer recognizes that some Product sales are limited to a specified territory and shall not sell Products outside that territory. Such sales may constitute copyright or trademark infringement. Products purchased by Customer may also be subject to additional usage restrictions or authorizations imposed by the Product manufacturer or publisher. Customer is responsible for ensuring compliance with any such restrictions or authorization.
21. TYPOGRAPHICAL ERRORS
In the event a product is listed at an incorrect price due to typographical error or error in pricing information received from our suppliers, Company shall have the right to refuse or cancel any orders placed for products listed at the incorrect price. Company shall have the right to refuse or cancel any such orders whether or not the order has been confirmed or Customer’s credit card has been charged.
If Customer’s credit card has already been charged for the purchase and Customer’s order is canceled, Company shall immediately issue a credit to your credit card account in the amount of the incorrect price.