Terms of Sale
PLEASE READ THIS DOCUMENT CAREFULLY. IT CONTAINS IMPORTANT INFORMATION ABOUT YOUR RIGHTS AND OBLIGATIONS, AS WELL AS LIMITATIONS AND EXCLUSIONS THAT APPLY TO YOU.
This Agreement contains the terms and conditions that apply to customers for purchases from CarverTubs.com and the CarverTubs.com entity named on the invoice that will be provided to you ("Customer”) on orders for products sold. Customer agrees to be bound by and accepts this Agreement as applicable to Customer’s purchase of product(s) from CarverTubs.com, and/or the CarverTubs.com Internet Website hereinafter named the "Site.” As a condition of sale, Customer agrees to be bound by and accepts these terms and conditions. These terms and conditions apply (i) unless Customer has signed a separate formal purchase Agreement with CarverTubs.com, in which case the separate Agreement shall govern; or (ii) unless other CarverTubs.com standard terms apply to the transaction as noted herein or elsewhere. These terms and conditions are subject to change without prior written notice at any time, in CarverTubs.com sole discretion. YOUR ACCEPTANCE OF THESE TERMS AND CONDITIONS OF SALE IS INCLUDED IN YOUR ACCEPTANCE OF THE TERMS AND USE OF THIS WEBSITE.
1. ORDER ACCEPTANCE POLICY
Customer’s receipt of an electronic or other form of order confirmation does not signify CarverTubs.com acceptance of Customer’s order, nor does it constitute confirmation of CarverTubs.com offer to sell. All orders are accepted in Kansas City, MO, USA. CarverTubs.com reserves the right at any time after receipt of Customer’s order to accept or decline Customer’s order for any reason including but not limited to lack of availability of products, failure by Customer to satisfy payment terms, and/or breach by Customer of this Agreement. If a product is listed at an incorrect price due to typographical error or error in pricing information, CarverTubs.com shall have the right to refuse or cancel any orders placed for the product(s) listed at the incorrect price whether or not the order has been confirmed and whether or not payment has been remitted. If payment has been remitted for the purchase and CarverTubs.com cancels Customer’s order, CarverTubs.com shall forthwith issue a refund equal to the amount remitted for the unaccepted or cancelled order.
2. PAYMENT TERMS
Terms of payment are within CarverTubs.com sole discretion and unless otherwise agreed to by CarverTubs.com, payment must be received or otherwise authorized or secured in a form approved by CarverTubs.com prior to CarverTubs.com acceptance of an order. Payment for the products will be made by approved credit card, wire transfer, electronic funds transfer, PAYPAL® or some other prearranged payment method agreed to by CarverTubs.com. Invoices are due and payable by the payment date(s) specified through electronic (including but not limited to e-mail), facsimile (fax) and/or verbal confirmation between CarverTubs.com and the customer. CarverTubs.com may invoice parts of an order separately. Orders are not binding upon CarverTubs.com until accepted by CarverTubs.com (see Order Acceptance Policy). Any quotations given by CarverTubs.com will be valid for the period stated on the quotation. CarverTubs.com reserves the right to adjust or cancel quotations as required.
Customer is responsible for all costs of shipping the product(s) to the location specified by Customer. Due to the wholesale nature of our business we do not allow returns for products purchased. Where applicable, separate charges for shipping and handling will be shown on CarverTubs.com invoice(s). Shipping rates are for standard pick-up and delivery only and do not include any added services or special equipment (see "Shipping”). If a shipping rate is quoted at an incorrect rate due to typographical error or error in pricing information received from CarverTubs.com suppliers, CarverTubs.com shall have the right to refuse, adjust or cancel any orders placed whether or not the order has been confirmed and whether or not payment has been remitted. Customer is responsible to inspect freight for shortages or signs of damage upon receipt of goods. All freight, loss, and damage claims must be filed with CarverTubs.com within ten (10) days from the date the shipment was delivered or in the case of lost freight, within ten (10) days after a reasonable time for delivery has elapsed (see "Claims”). CarverTubs.com shall not be liable for special or consequential damages or for any damages arising out of or caused by: (1) Delay, (2) Acts of God or the public enemy, (3) The authority of the law, (4) Strikes, riots or quarantine, (5) The inherent nature or vice of the goods transported.
Customer is responsible for all sales, use, excise, value-added and other charges associated with the order, however designated, including any duties, clearance charges or other destination charges. If applicable, a separate charge for such items will be shown on CarverTubs.com invoice.
5. TITLE; RISK OF LOSS
Title to product passes from CarverTubs.com to Customer upon completion of shipment of product to Customer by CarverTubs.com, unless otherwise stated in terms of purchase (e.g. Letter of Credit). Loss or damage to products that occurs during shipping by a carrier selected by CarverTubs.com is CarverTubs.com responsibility up to limit specified by insurer.
All warranties set out are Manufacturer-specific warranties only. The limited warranty applicable to each product sold by CarverTubs.com is set out under the heading "Warranty” located on the CarverTubs.com site where each product is described. Such limited warranty applies to each sale by CarverTubs.com of that respective product. CarverTubs.com makes no express or implied warranties except those stated in this agreement and in CarverTubs.com applicable warranty statement in effect on the date of the invoice. Any such warranties will be effective, and CarverTubs.com will be obligated to honor any such warranties, only upon CarverTubs.com receipt of payment in full for the item to be warranted. Before returning any item that has a warrantable issue, Customer must contact CarverTubs.com for a Warranty Authorization (WA) number within the allowable period specified by the manufacturer of the product (see product-specific "Warranty”). No returns, of any type, will be accepted without a WA number. The WA number is valid only for the product described therein. The product returned must match the product authorized for return. Customer must ensure that all returns are received by the manufacturer/supplier within thirty (30) days of obtaining the WA number. All shipping arrangements for returns or exchanges must be processed through CarverTubs.com. Customer is responsible for all shipping and handling charges of warranty returns, except where the manufacturer of the product has agreed to pay for such costs or as outlined under product "Warranty.” Whenever possible or as outlined under "Warranty,” all items must be in "as new” condition, in original packaging and with all warranty cards, manuals and accessories. The original packing slip must be included and the WA number visible on the package. CarverTubs.com may require a short written explanation and a photograph or digital image of the defective product. In some cases an on-site inspection of the product will be required. CarverTubs.com will advise Customer of the details specific to the warranty claim. Customer agrees to allow reasonable access and cooperate with CarverTubs.com and it’s Representatives at all times to process any warranty claims.
Not withstanding the above, if ordering hardwood flooring additional warranties and disclaimers apply as stated in the Hardwood Flooring Warranty document, which are made a part of this warranty by way of reference.
THE WARRANTIES SET OUT IN THIS AGREEMENT ARE MANUFACTURER-SPECIFIC WARRANTIES FOR THE PRODUCT(S). CarverTubs.com EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES, GUARANTEES OR REPRESENTATIONS, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. CarverTubs.com ALSO DISCLAIMS ANY IMPLIED WARRANTY ARISING OUT OF TRADE USAGE OR OUT OF A COURSE OF DEALING OR COURSE OF PERFORMANCE. CarverTubs.com DOES NOT WARRANT THAT THE PRODUCT(S) WILL BE ERROR-FREE, OR WARRANT THAT EACH DEFECT WILL BE CORRECTED. CarverTubs.com DOES NOT WARRANT THAT ALL PRODUCTS COMPLY WITH SPECIFIC GEOGRAPHICAL COMPLIANCE OR REGULATORY RESTRICTIONS. IT IS CUSTOMER’S RESPONSIBILITY TO ENSURE THAT USE OF PRODUCTS PURCHASED COMPLIES WITH LOCAL JURISDICTION CODES AND WITH ALL REGIONAL, NATIONAL AND INTERNATIONAL LAWS AND REGULATIONS. CarverTubs.com FURTHER DISCLAIMS ANY PATENT/INTELLECTUAL PROPERTY RIGHTS, WARRANTIES OR INDEMNITIES WITH RESPECT TO ANY LOCKING/CONNECTING SYSTEM(S) USED BY MANUFACTURERS OF LAMINATE, ENGINEERED WOOD, OR OTHER PRODUCTS SOLD BY CarverTubs.com.
8. LIMITATION ON DAMAGES
CarverTubs.com DOES NOT ACCEPT LIABILITY BEYOND THE REMEDIES SET FORTH HEREIN. CarverTubs.com WILL NOT BE LIABLE FOR LOST PROFITS, LOSS OF REVENUE OR OF BUSINESS OR OTHER CONSEQUENTIAL, SPECIAL, INDIRECT, OR PUNITIVE DAMAGES, EVEN IF THEY WERE FORESEEABLE OR IF CarverTubs.com WAS ADVISED OF THE POTENTIAL OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY THIRD PARTY EXCEPT AS EXPRESSLY PROVIDED HEREIN. CUSTOMER AGREES THAT FOR ANY LIABILITY RELATED TO THE PURCHASE OF PRODUCTS OR SERVICES, CarverTubs.com IS NOT LIABLE OR RESPONSIBLE FOR ANY AMOUNT OF DAMAGES ABOVE THE AGGREGATE DOLLAR AMOUNT PAID BY CUSTOMER FOR THE PURCHASE(S) UNDER THIS AGREEMENT. THIS LIMITATION WILL APPLY REGARDLESS OF THE FORM OF ACTION (I.E. WHETHER THE LAWSUIT IS IN CONTRACT OR IN TORT, INCLUDING NEGLIGENCE).
9. RETURN AND EXCHANGE POLICY
All sales are final. Due to the wholesale nature of our business we do not allow returns for items purchased. CarverTubs.com monitors product shipments and provides customer assistance in the event of carrier problems or destination errors. For inquiries regarding damaged or defective products, please refer to the warranty that obtains for a specific product, or contact your CarverTubs.com sales representative. Prior to signing for receipt of goods, it is the customer’s responsibility to inspect the product packaging for any indication that damage to the product may have occurred in transit. Failure to do so can void damage claims.
All references to monetary amounts, including prices, on the CarverTubs.com Website (the "Site”) and in this Agreement shall be in U.S. currency.
11. GOVERNING LAW
This Agreement and any sales there under shall be governed by the laws of the state of Missouri and the federal laws of the United States of America (the "USA”) applicable therein, without regard to conflict of laws rules. CarverTubs.com and Customer exclude the application of the United Nations Convention on Contracts for the International Sale of Goods to this Agreement. The Site (excluding linked Web sites) is controlled by CarverTubs.com from its offices within the state of Missouri, USA. The Site can be accessed from all states and territories of the USA, as well as from other countries around the world. As each of these jurisdictions has laws that may differ from those of the state of Missouri, by accessing the Site, the user agrees that all matters relating to access to, or use of, the Site, or any other hyperlinked Web site, shall be governed by the laws of the state of Missouri and the federal laws of the USA applicable therein. The user also agrees and hereby submits to the exclusive personal jurisdiction and venue of the courts of the state of Missouri and acknowledges that the user does so voluntarily and is responsible for complying with local laws. In the event a court of competent jurisdiction determines that any part of the Terms of Sale is void or is not enforceable then all parties agree that only that part shall be severed and the remaining Terms of Sale shall be valid and enforced.
Any disputes that arise between CarverTubs.com and the Customer will be resolved in accordance to the applicable rules and procedures of the American Arbitration Association. If the parties involved can not agree on which rules and procedures of the American Arbitration Association apply to the transaction, the arbitrator will make the determination.
13. OTHER DOCUMENTS
Other than as specifically provided in any separate formal purchase Agreement between Customer and CarverTubs.com, 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 CarverTubs.com.
The section headings used herein are for convenience of reference only and do not form a part of these terms and conditions, and no construction or inference shall be derived there from.