CULT - Hot2Cold

GENERAL TERMS AND CONDITIONS OF SALE
THE DURATION OF ANY IMPLIED WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE IS STRICTLY LIMITED TO THE DURATION OF THE WARRANTIES AS SET FOR IN SUBSECTIONS (a), (b)
AND (c) TO THIS SECTION VI. All of the limited warranties set forth in this Section VI are in lieu of any other warranties, express or implied. Seller hereby disclaims any warranty, express or
implied, other than those set forth in this Section VI. All of Seller’s warranties are strictly limited to the fi rst residential consumer of its product. Seller’s Mechanical and Finish warranties are
strictly limited to products correctly installed and used in a residential environment. Seller’s fi nish warranties for kitchen, bath, lavatory and bidet drains of all types are limited to a one (1) year
warranty from the date of installation. Seller’s mechanical warranties for replacement cartridges provided under warranty are limited to twenty-four (24) months from the installation date of
the replacement, or the original mechanical warranty period as set forth in subsection (a) to this Section VI. Product problems which result from abuse, misuse, improper installation and/or
maintenance, hard water, proximity to bodies of salt water, or accidental damage are not covered by any warranty set forth in this Section VI. Finish problems which result from abuse, misuse,
improper installation and/or maintenance, hard water, proximity to bodies of salt water, exposure to direct sunlight or accidental damage are not covered by this warranty. The use of plumber’s
putty will void this warranty. A non-corrosive Aloxy Silicon sealing compound may be used.
Some states do not allow limitations on how long an implied warranty lasts, so the above limitation may not apply to you. Some states do not allow the exclusion or limitation of incidental or
consequential damages, so the above limitation or exclusion may not apply to you. This warranty gives you specifi c legal rights and you may also have other rights which vary from state to
state.
e. Warranty Claims
Seller’s warranties are limited to the fi rst residential consumer of its product. These warranties are in effect for Seller’s Products purchased on January 1996 and thereafter. For Seller’s products
purchased prior to January 1, 1996, please refer to warranties listed in Dornbracht Pricelist US-L 1995.
For Warranty claims, please contact your Dornbracht dealer, or you may write to:
Dornbracht Americas Inc.
1700 Executive Drive South, Suite 600
Duluth GA 30096.
Please include the original receipt with a description of the problem, model number, store and date of purchase, name of installer, and your name, address and telephone number.
f. Project Sales
In the instance of a Project Sale, Purchaser is referred to any warranty terms contained within the Project Quotation. To the extent that any warranty terms as set forth in the Project Quotation
differ from the warranty terms set forth in these Terms and Conditions, the warranty terms set forth the Project Quotation shall govern and apply.
VII. RETURNED GOODS
a. Seller will accept as return goods only products which are defective because of poor workmanship or materials. Please Note: Only the part or parts of complete sets which are defective will
be accepted for return. For example, a damaged handle does not require the return of the complete widespread fi tting.
b. Authorization for the return of goods will be determined pursuant to these Terms and Conditions.
c. UNDER NO CIRCUMSTANCES WILL MERCHANDISE BE ACCEPTED FOR RETURN WITHOUT PRIOR EXPRESS WRITTEN AUTHORIZATION.
d. Customers will submit requests for returns and must provide all of the following information:
i. QUANTITY
ii. ARTICLE NUMBER AND FINISH
iii. PURCHASE ORDER OR INVOICE NUMBER
iv. REASON FOR RETURN
e. A copy of the Return Goods Authorization (RGA) form authorizing you to return only the items indicated will be faxed to you. A Return Shipping label will also be faxed to you. Any product
returned that has not been authorized and included on the RGA form will be considered unauthorized and no credit will be issued. Unauthorized items will be returned to you at your
expense.
f. Preparation of products for return: All products must be individually packed either in their original carton and packing materials, or carefully wrapped and boxed to prevent damage while in
transit. Any Seller cartons must be placed in a proper shipping box with adequate packing materials. Please clearly indicate the contents on all internal boxes. Please tape all boxes closed.
g. The return shipment should be sent to Dornbracht Americas Inc., freight prepaid, prior to the expiration date of the R.G.A. Any material returned after the expiration date will be refused and
will not be accepted for credit at a later date. Please return goods via UPS GROUND SERVICE if possible. If weight or size of package prohibits using UPS, please ship freight prepaid. Please
enclose a copy of the RGA form with the return shipment. Affi x a copy of the faxed Return Shipping label to each box returned. CARTONS NOT PROPERLY IDENTIFIED WILL BE REFUSED UPON
RECEIPT AT DORNBRACHT AMERICAS INC.
h. The value of the returned merchandise will be determined following a physical inspection of the materials received. A credit for those items determined defective will then be issued.
i. The value of the items returned will be determined as follows:
i. A. Factory defective items or incorrectly shipped items – a full credit will be given upon receipt and inspection, IF PACKAGED PROPERLY. Credit for incorrectly shipped items will only be
provided if the item is returned in the original carton and is in resalable condition.
ii. Authorized return of resalable material – invoice price minus restocking charge:
1. Within 120 days from receipt - 25 percent restocking charge
2. Over 120 days from receipt - merchandise will not be authorized for return
3. Unauthorized return – no credit issued.
4. Non-current goods – no credit will be issued for items that are returned that are no longer listed in our current catalog and pricelist.
5. Special order items are not subject to return.
j. PROPER PACKAGING, LABELING AND PROTECTION OF THE RETURN GOODS SHIPMENT IS THE RESPONSIBILITY OF THE SHIPPER.
VIII. GOVERNING LAW; JURISDICTION; WAIVER OF JURY TRIAL
a. These Terms and Conditions shall be governed by and construed in accordance with the laws of the State of Georgia, without reference to its confl icts of law principles. Any suit arising out of
these Terms and Conditions may be brought in the State or Federal Courts of the State of Georgia. In the event of any such suit, the parties hereto consent to personal jurisdiction in such Courts
and waive any defense based on improper venue.
b. The parties further consent to a waiver of any and all rights to a jury trial that may exist if any suit arises out of these Terms and Conditions.
IX. FORCE MAJEURE
Seller shall not be liable for any delay or non-delivery of any of the Products or other nonperformance caused in whole or part by any contingency or event beyond Seller’s reasonable control,
including, without limitation, any act of God; acts of any government or any agency or subdivision thereof; fi re; strikes; war; machinery breakage; failure of a communications or internet provider;
transportation delays; shortage of or inability to secure labor, fuel, energy, materials or supplies at reasonable prices or from regular sources; riots or acts of a public enemy; terrorist acts; and
any existing or future laws or regulations with which Seller, in its judgment and discretion, deems it advisable to comply as its legal duty.
36 Villeroy&Boch