Terms & Conditions

1. WARRANTY POLICY

a. Manufacturer Warranties: The seller hereby assigns to the BUYER those warranties provided by the manufacturer of the goods being purchased hereunder. These warranties pass through the Seller onto the BUYER, and Seller shall have no liability or responsibility for fulfilling the terms of the manufacturer’s warranties, and the sole recourse for BUYER relating to the manufacturer’s warranty shall be through the manufacturer. The only remedies for a breach of such warranty shall be those remedies specifically provided by the manufacturer of the goods with respect to which such warranty applies. The BUYER hereby agrees to look solely to the manufacturer of the goods for performance, and/or implementation, of the remedies provided by the manufacturer for the breach of such warranties. BUYER agrees to Release and HOLD HARMLESS Seller from any and all claims relating to breach of manufacturer’s warranties.

b. Seller’s Limited Warranty: Seller warrants products that it assembles to be of high quality in workmanship for a period of one (1) year from the date of purchase. Seller’s warranty shall warrant only that the product has been assembled with proper workmanship and shall cover only defects related to faulty workmanship of the finished product. In the event of defect resulting from faulty workmanship Seller’s obligation shall be limited to free labor and parts for repair or replacement, solely at Seller’s option, of any defective part for the first year of Warranty. In no event shall Seller’s liability to the BUYER exceed the cost of the equipment. Under Seller’s Warranty, all shipping and handling charges, including courier charges shall be borne by the BUYER. Absolutely no goods may be returned to Seller without its consent and shipping instructions and original packing. No credit will be issued for unauthorized returns. In the event of a defect arising from faulty workmanship occurring during the one year warranty period, it shall be the obligation of the BUYER to notify Seller in writing of the claimed defect. Seller shall, at its cost, service and repair the product, to correct the defect complained of. Only if the product cannot be reasonably repaired/serviced, shall the Seller, at its sole discretion, replace the product in question with a like product. BUYER’S sole remedies shall be as set forth herein, and shall be limited to the cost of repair, and, within the Seller’s discretion, replacement of the defective item. All equipment and products are to be used and operated by qualified, trained professionals ONLY. Seller does not warrant on color variations in the parts and materials that make up the finished products. Materials are not warranted against wear, fading, staining, soiling, crushing, 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 BUYER or third parties. This Limited Warranty is NOT transferable.


THIS WARRANTY IS DELIVERED TO THE BUYER 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 SELLER, 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 BUYER. THIS WARRANTY SHALL NOT COVER DAMAGE RESULTING FROM ACTS OF GOD, FORCES OF NATURE, AND/OR ACTS OF THE BUYER OR THIRD PARTIES, SUCH AS THE FAILURE TO PERFORM NECESSARY MAINTENANCE AND CLEANING. SELLER 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.

c. Non-Assembled products: For those products that are not assembled by the Seller, THERE SHALL BE NO FURTHER WARRANTIES ISSUED BY THE SELLER, and BUYER’S sole recourse shall be any manufacturer’s warranties passed along to the Buyer.


2. DISCLAIMER OF DAMAGES

The remedies provided herein are the BUYER’S sole and exclusive remedies and in no event shall the SELLER be liable for direct, indirect, special, incidental, or consequential damages (including loss of profits) whether based on contract, tort, or any other legal theory.

BUYER 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 Seller’s warranty, defects due to faulty workmanship of assembled products, and /or that arise out of Seller’s own negligence. BUYER agrees to indemnify and hold harmless Seller from liability for any such damages, including, but not limited to damages arising from Seller’s own negligence.


3. DEPOSITS

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 BUYER to cover the cost of re-stocking the product. In addition to the Cancellation fee, BUYER shall also be responsible for any and all freight charges incurred due to the cancellation.

b. CUSTOM MANUFACTURED PRODUCTS: Any deposits made by the BUYER with respect to CUSTOM MANUFACTURED PRODUCTS shall be forfeited in full if the BUYER 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 SELLER may be entitled to pursue at law or in equity.

CHECKS – All returned checks are subject to a $100.00 bookkeeping charge.


4. RETURNS

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 BUYER’S payment of all shipping costs. Returned or Cancelled items (whether shipped or not) are subject to a 20% cancellation fee and all shipping cost, as set forth in section 3, above. 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 Seller. Absolutely no goods may be returned to Seller without its consent and shipping instructions and original packing. No credit will be issued for unauthorized returns. In the event of a defect arising from faulty workmanship occurring during the one year warranty period, it shall be the obligation of the BUYER to notify Seller in writing of the claimed defect. Seller shall, at its cost, service and repair the product, to correct the defect complained of. Only if the product cannot be reasonably repaired/serviced, shall the Seller, at its sole discretion, replace the product in question with a like product.


5. PLUMBING/ELECTRICAL FIXTURES

All plumbing and electrical fixtures must be installed by a licensed contractor. Failure to do so will void Seller’s limited warranty.


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.

RISK OF LOSS

All items purchased from Seller are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to BUYER upon our delivery to the carrier.

SHORTAGES:

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.


7. ELECTRONIC COMMUNICATIONS

When you visit Seller’s website or send e-mails to Seller, you are communicating with Seller electronically. You consent to receive communications from Seller electronically. Seller 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 Seller provides to you electronically satisfy any legal requirement that such communications be in writing.


8. 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.


9. GOVERNING LAW

The parties agree and stipulate that should any dispute arise from the purchase agreement between the parties, Illinois law will apply, and the BUYER waives any objections to personal jurisdiction in the State of Texas, in either the Federal Courts or the Circuit Court of Dallas County.


10. ATTORNEY FEES

In the event that BUYER breaches the Purchase Agreement or these terms and conditions, Seller shall be entitled to recover from BUYER its reasonable attorneys’ fees, collections costs, filing fees incurred in enforcing this agreement and enforcing its legal and other remedies against BUYER.


11. SEVERABILITY

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.

12. ABOUT FINANCING

Financing offered by Direct Capital Corporation to qualified U.S. residents.
Taxes, fees and other charges are extra and vary.
Monthly payment can vary.


13. 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.


14. PRIVATE INFORMATION SECURITY

For your safety and protection, your credit card information is not stored on our servers.


15. 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.