| Terms
and Conditions of Sale
Use Restrictions
The following terms and conditions govern the
sale by Euro-Kitchen, Inc., entity named on the
invoice and/or sales receipt ("euro-kitchen"
and/or "euro-kitchen.com") that will
be provided to the Customer on orders for kitchen
& bath products, appliances and/or related
products sold in the United States. By accepting
delivery of the kitchen & bath products, appliances
and/or other products described on that invoice
and/or sales receipt, Customer agrees to be bound
by and accepts these terms and conditions. THESE
TERMS AND CONDITIONS APPLY (i) UNLESS THE CUSTOMER
HAS SIGNED A SEPARATE FORMAL PURCHASE AGREEMENT
WITH EURO-KITCHEN, INC., IN WHICH CASE THE SEPARATE
AGREEMENT SHALL GOVERN OR (ii) UNLESS OTHER EURO-KITCHEN,
INC.'s STANDARD TERMS APPLY TO THE TRANSACTION.
These terms and conditions are subject to change
without prior written notice at any time, at Euro-Kitchen,
Inc.'s sole discretion.
1. Other Documents.
These terms and conditions may NOT be altered,
supplemented, or amended by the use of any other
document(s). Any attempt to alter, supplement
or amend this document or to enter an order for
product(s) which is subject to additional or altered
terms and conditions will be null and void, unless
otherwise agreed to in a written agreement signed
by both Customer and Euro-Kitchen, Inc.
2. Acceptance.
CUSTOMER acceptance of the Goods shall constitute
an affirmation by CUSTOMER that the Terms and
Conditions set forth herein govern the purchase
and sale of the goods. Upon receipt of products,
buyer agrees to inspect and/or test the products.
Such inspections and testing shall be completed
promptly and in no event later than 3 calendar
days after receipt of goods by customer or completion
of services by Euro-Kitchen, Inc. The products
should be deemed accepted by customer unless customer
provides Euro-Kitchen, Inc. a timely written notice
specifically noting any defects or discrepancies
in the quality or quantity of products received.
3. Governing Law/Venue.
THE SALE(S) WILL BE GOVERNED BY THE LAWS OF THE
STATE OF CALIFORNIA. All questions, of interpretation,
performance, enforcement and the rights and remedies
of the parties hereunder shall be determined in
accordance with the laws of the State of California,
USA. Any legal action or proceeding arising from
or related to this order-on-line transaction described
herein shall be governed and maintained in state
and federal court in Alameda County, California.
Venue and jurisdiction for all litigation will
lie in Alameda County, California. Customer hereby
agree and submit to such jurisdiction and venue
as proper.
4. Pricing and Availability.
Due to fast-moving nature of our industry, prices,
promotions and availability are subject to change
without notice. Unless otherwise specified in
writing all prices are F.O.B. point of origin
(Hayward, California, USA). Prices do not include
sales, use, services, excise or similar taxes.
5. Payment Terms; Orders;
Quotes; Interest. Terms of payment
are within Euro-Kitchen, Inc.'s sole discretion,
and unless otherwise agreed to by Euro-Kitchen,
Inc., payment must be received by Euro-Kitchen,
Inc. prior to Euro-Kitchen, Inc 's acceptance
of an order. Payment for the products will be
made by cash, pre-approved check, credit card
thru paypal, wire transfer, or some other pre-arranged
payment method unless credit terms have been agreed
to by Euro-Kitchen, Inc. If credit terms have
been agreed to by Euro-Kitchen, Inc., invoices
are due and payable within certain agreed days
after the date of the invoice. Euro-Kitchen, Inc.
may invoice parts of an order separately. Orders
are not binding upon Euro-Kitchen, Inc. until
accepted by Euro-Kitchen, Inc. Any quotations
given by Euro-Kitchen, Inc. will be valid for
the period stated on the quotation. Customer agrees
to pay interest on all past-due sums at the highest
rate allowed by law.
6. Shipping Charges
and Taxes. Separate charges for shipping
and handling will be shown on Euro-Kitchen, Inc.'s
invoice(s) and/or sales receipt(s). All products
ship to California have to apply 8.75% sales tax
of sales amount according to California State
Tax Regulation. Unless customer provides Euro-Kitchen,
Inc with a valid and correct tax exemption certificate
applicable to the product ship-to location prior
to Euro-Kitchen, Inc.'s acceptance of the order,
the customer is responsible for sales and all
other taxes associated with the order, however
designated, except for Euro-Kitchen, Inc.'s franchise
taxes and taxes on Euro-Kitchen, Inc.'s net income.
If applicable, a separate charge for taxes will
be shown on Euro-Kitchen, Inc.'s invoice and/or
sales receipt.
7. Title and Risk.
Unless otherwise specified in writing in this
document, shipping terms are F.O.B. origin point.
Title and Risk of delay, loss or/and damage to
the products shall pass to customer upon delivery
to the common carrier at shipping point. Any claims
resulting from products damaged in transit, shortages
received or tampering must be filed with the common
carrier by customer.
8. Export Restriction.
Customer agrees not to directly or indirectly
export any products (whether or not modified by
Services), including, but not limited to parts,
equipment or technical data/documentation without
first obtaining the required U.S. Government export
license(s). Customer should recognize and acknowledge
Euro-Kitchen, Inc. products are subject to all
relevant laws and regulations governing the export
of United States technology. Customer should determine
whether an export license or certain declarations
required by the United State Government regarding
the nature of the products to be exported, their
destination, or their use.
9. Warranties.
THE LIMITED ONE YEAR WARRANTIES APPLICABLE TO EURO-KITCHEN,
INC.-BRANDED PRODUCTS ARE DESCRIBED IN EURO-KITCHEN,
INC. GENERAL WARRANTY CLAUSES. EURO-KITCHEN, INC.
MAKES NO EXPRESS WARRANTIES EXCEPT THOSE STATED
IN THIS SECTION AND IN EURO-KITCHEN, INC.'S APPLICABLE
WARRANTY STATEMENT IN EFFECT ON THE DATE OF THE
INVOICE AND/OR SALES RECEIPT. ANY SUCH WARRANTIES
WILL BE EFFECTIVE, AND EURO-KITCHEN, INC. WILL
BE OBLIGATED TO HONOR ANY SUCH WARRANTIES, ONLY
UPON EURO-KITCHEN, INC.'S RECEIPT OF PAYMENT IN
FULL FOR THE ITEM TO BE WARRANTED. EURO-KITCHEN,
INC. DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR
IMPLIED, INCLUDING WITHOUT LIMITATION, IMPLIED
WARRANTIES OF MERCHANTABILITY AND FITNESS FOR
A PARTICULAR PURPOSE. EURO-KITCHEN, INC.'S RESPONSIBILITY
FOR WARRANTY CLAIMS IS LIMITED TO REPLACEMENT
AS SET FORTH IN EURO-KITCHEN, INC.'S APPLICABLE
WARRANTY STATEMENT IN EFFECT ON THE DATE OF THE
INVOICE AND/OR SALES RECEIPT. Euro-Kitchen, Inc.
reserves the right to modify its warranty at any
time, at its sole discretion.
10. Installation. This unit is NOT authorized for use in any commercial environment – it is only for personal home use. A licensed plumber must also install this unit, or it could result in the warranties being voided. A licensed electrician must install a dedicated circuit with wire sufficient to carry the load specified by the item. This must comply with the national electric code. If it does not your warranty relating to electrical operation will be null and void. The purchaser further agrees to indemnify and hold harmless seller and its agents and employees from any claims, actions, lawsuits, judgments or liability arising from this product. Improper or illegal use voids any and all warranty immediately and relieves seller from providing any service or warranty.
11. Return Policies. All sales are final and no refund will be accepted unless otherwise stated. A 15% restocking fee will be applied to all exchanges. Original shipping and handling charges are not refundable. All returns must be in new condition with original packaging material. Customer is responsible for the shipping costs and insurance of all return shipments. All return shipments will be inspected for any damage/missing parts before an exchange can be processed. No refund/credit will be issued for any damaged/lost return shipments. Customer should contact and file a claim with the shipping carrier for all damaged/lost return shipments. All damages during shipping and missing parts must be reported within three (3) calendar days from the date of delivery. In order to process services/replacements/exchanges, customer will be required to provide basic Information, Euro-Kitchen, Inc.'s invoice number and/or sales receipt number, date of purchase, proof of payment, and the nature of the problem. All services/replacements/exchanges must be approved by the customer service manager and a RMA (Return Merchandise Authorization) number will be issued upon approval. This RMA number is valid for ten (10) days of issuance and will be automatically voided after tenth day. All returned merchandise must be accompanied with the RMA number on the outside packing box and received by Euro-Kitchen, Inc. before the RMA number expires. Customer agrees to be responsible for all inbound, outbound shipping and any handling charges for all services/replacements/exchanges.
12. Cancellation and
Right to Refuse Orders. Cancellation
must be made through E-mail, phone call or faxing
written notice to Euro-Kitchen, Inc. within 24
hours of placing the order. Euro-Kitchen, Inc.
reserve the right to refuse orders and service
under special circumstances.
13. Products.
Euro-Kitchen, Inc.'s policy is one of on-going
product update and revision. Euro-Kitchen, Inc
may revise and discontinue products at any time.
Euro-Kitchen, Inc. will ship products that have
the functionality and performance of the products
ordered, but changes between what is shipped and
what is described in a specification sheet, Website
or catalog are possible. The parts and assemblies
used in building Euro-Kitchen, Inc. products are
selected from all new parts
and assemblies in accordance with industry practices.
Replacement parts may be new or reconditioned.
14. Warranty Disclaimer
and Limitation of Liability. EURO-KITCHEN,
INC. DOES NOT ACCEPT LIABILITY BEYOND THE REMEDIES
SET FORTH HEREIN, INCLUDING ANY LIABILITY FOR
PRODUCTS NOT BEING AVAILABLE FOR USE OR WITHIN
SERVICE/REPAIR PERIOD. EURO-KITCHEN, INC. WILL
NOT BE LIABLE FOR LOST PROFITS, LOSS OF BUSINESS
OR OTHER CONSEQUENTIAL, SPECIAL, INDIRECT OR PUNITIVE
DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY OF
SUCH DAMAGES, OR FOR ANY CLAIM BY ANY THIRD PARTY
EXCEPT AS EXPRESSLY PROVIDED HEREIN. Euro-Kitchen,
Inc. does not warrant that the functions contained
in any product sold will be interrupted or error-free,
that defects will be corrected. Euro-Kitchen,
Inc does not warrant or make any representations
regarding the use or the results of any product
purchased in terms of its compatibility, correctness,
accuracy, reliability, or otherwise. Buyer is responsible for checking to see that products purchased from
Euro-Kitchen, Inc. comply with local and national codes.
15. Force Majeure.
Euro-Kitchen, Inc. shall not be liable for delays
in delivery or misdelivery, for loss and damage or for failure
to perform due to causes beyond the reasonable
control of Euro-Kitchen, Inc. These causes should
include without limitation, acts of God, acts
or omission of Customer, acts of civil or military
authorities, fire, strikes, power, surges or outages,
epidemics, flood, earthquakes, riot, war, carrier conditions or inability
to obtain necessary labor, materials and supplies.
16. Typographic, Photographic
and Technical Errors. Euro-Kitchen,
Inc. will not responsible for any typographical,
photographic or technical errors. Photograph is
for display purpose only and may not represent
actual products. Products and packaging depicted
may differ from stock available at time of shipment.
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