The acceptance of our terms and conditions set forth below, shall be conclusively presumed from the buyers’ acceptance of all or any part of the goods ordered unless a written objection is handed in or emailed to the seller prior to acceptance thereof.
Installation of products is not included in price.
Sale
The terms and conditions of sale set forth below constitute the entire agreement between seller and buyer with respect to the subject matter hereof and supersede all prior agreements, negotiations, understandings, representations and warranties, whether written, oral or otherwise, and may not be modified except in writing signed by the parties. For greater certainty, the language of any document used by buyer to communicate the order of goods and any terms or conditions that could be implied based on trade custom, business efficacy or otherwise are expressly excluded.
All proposals, negotiations, and purchase orders, if any, regarding this transaction made prior to the date hereof are merged herein.
The seller reserves the right to change the quotation for any reason upon 60 days written notification, unless seller has given a firm quotation in writing and buyer has given an order and released the goods for shipment within the time periods specified in the quotation.
Design changes: Seller reserves the right to make revisions without notice in the design of product or in packaging, unless this right has been specifically waived in writing at the time the order is accepted.
Payment
The cash payment terms, if any, are set forth on the face of the order confirmation or invoice, depending on the orders. The seller usually requires 50% in advance and in some cases more than this for specific products. If an unpaid balance exists, the seller has the option to charge interests on the open balance for storage costs. In case of the buyer not abiding by the agreed terms, the buyer will be responsible for the attorney’s fees incurred by the seller, in collecting balances not paid within terms.
Taxes
Any taxes which the seller may be required to pay or collect, under any existing or future law, upon or with respect to the sale, purchase, delivery, storage, processing, use or consumption of any of the material conveyed hereby, including taxes upon or measured by the receipts from the sale thereof, shall be for the account of the buyer, who shall promptly pay the amount thereof to seller upon demand. Where taxes do not apply upon sale, buyer shall provide seller with appropriate exemption certificates.
Delivery time
If any delivery date has been specified, it is an approximation, and the seller shall not be bound thereby, but every effort will be made to ship in accordance with them. All orders are subject to contingencies of the manufacturer and other causes beyond sellers control such as fires, strikes, storms, delays in transportation or governmental regulations.
Delivery of custom made products: The buyer must provide the information requested by the seller which is relevant to the fulfillment of the contract. The buyer undertakes to provide all the minimum requirements for the measurements of walls, columns and spaces in general. The seller is not responsible for imperfections and unevenness in said walls, columns or spaces in general. The buyer must provide the necessary equipment such as elevators, scaffolding, cranes, and any other device that allows transporting the furniture to the place of installation. The seller will perform an inspection of the materials delivered at the time of delivery to the buyer. Once delivered, the goods will be the responsibility of the buyer.
Deliveries: The seller is not responsible for the delivery of the products. The seller may propose third-party options for local freight. The freight charges depend on the third party and will be payed for by the buyer. The seller should be notified by the buyer 48 hours in advance to coordinate the delivery with the third-party transportation companies. Time of delivery is subject to several factors and the seller must inform the buyer if changes in the delivery schedule appear.
Cancellation and return policy
Any order of plumbing, handmade products, kitchen cabinets, modified products, special order- or custom, as well as those not listed in current price-list books of the seller, may not be cancelled after the sales order is made. The seller does not offer cash refunds for any reason.
In case an order is cancelled, the seller will give a Credit Memo to be used on specific products that the seller will specify.
Warranties
Warranties given to the buyer, are the ones that each supplier gives to the seller. Upon request, the seller will send the specific warranties of the supplier to the buyer. The buyer agrees that any warranty, label, warning-tag, instructions or manual from the goods will not be removed, and the seller ensures that all warranties, labels, warning-tags, instructions and manuals supplied with the good or by seller will be passed on to the ultimate user. The warranty supplied with the good is seller’s sole and exclusive warranty. Any implied warranties without limitation merchantability and fitness for a particular purpose are excluded from this contract and seller disclaims all liability for special, incidental, or consequential damages.