U.S.
Terms and Conditions of Sale
PLEASE READ THIS DOCUMENT CAREFULLY! IT CONTAINS VERY IMPORTANT
INFORMATION ABOUT YOUR RIGHTS AND OBLIGATIONS, AS WELL AS LIMITATIONS
AND EXCLUSIONS THAT MAY APPLY TO YOU. THIS DOCUMENT CONTAINS A DISPUTE
RESOLUTION CLAUSE.
These terms and conditions ("Agreement") apply to your
purchase of faucet systems and/or related products and/or services
and support sold in the United States ("Product") by the
Kingston Brass entity named on the invoice or acknowledgement ("Kingston
Brass") provided to you. By accepting delivery of the Product,
you accept and are bound to the terms and conditions of this Agreement.
If you do not wish to be bound by this Agreement, you must notify
Kingston Brass immediately and return your purchase pursuant to
Kingston Brass's Total Satisfaction Return Policy. If returned,
Product(s) must remain in the boxes in which they were shipped.
THIS AGREEMENT SHALL APPLY UNLESS (I) YOU HAVE A SEPARATE PURCHASE
AGREEMENT WITH KINGSTON BRASS, IN WHICH CASE THE SEPARATE AGREEMENT
SHALL GOVERN; OR (II) OTHER KINGSTON BRASS TERMS AND CONDITIONS
APPLY TO THE TRANSACTION.
1.
Other Documents. This Agreement may NOT be altered, supplemented,
or amended by the use of any other document(s) unless otherwise
agreed to in a written agreement signed by both you and Kingston
Brass. If you do not receive an invoice or acknowledgement in the
mail, via e-mail, or with your Product, information about your purchase
may be obtained by contacting your sales representative.
2. Payment Terms;
Orders; Quotes; Interest. Payment terms are within Kingston Brass's
sole discretion, and, unless otherwise agreed to by Kingston Brass,
payment must be made at the time of purchase. Payment for Product
may be made by credit card, wire transfer, or some other prearranged
payment method. Kingston Brass may invoice parts of an order separately.
Your order is subject to cancellation by Kingston Brass, at Kingston
Brass's sole discretion. Unless you and Kingston Brass have agreed
to a different discount, Kingston Brass's standard pricing policy
for Kingston Brass-branded systems, which include both hardware
and services in one discounted price, allocates the discount off
list price applicable to the service portion of the system to be
equal to the overall calculated percentage discount off list price
on the entire system. Kingston Brass is not responsible for pricing,
typographical, or other errors, in any offer by Kingston Brass and
reserves the right to cancel any orders resulting from such errors.
3. Shipping Charges;
Taxes; Title; Risk of Loss. Shipping and handling are additional
unless otherwise expressly indicated at the time of sale. Loss or
damage that occurs during shipping by a carrier selected by Kingston
Brass is Kingston Brass's responsibility. Loss or damage that occurs
during shipping by a carrier selected by you is your responsibility.
You must notify Kingston Brass within 30 days of the date of your
invoice or acknowledgement if you believe any part of your purchase
is missing, wrong or damaged. Unless you provide Kingston Brass
with a valid and correct tax exemption certificate applicable to
your purchase of Product and the Product ship-to location, you are
responsible for sales and other taxes associated with the order.
Shipping dates are usually within 3 business days from day of order.
4. Warranties. THE
LIMITED WARRANTIES APPLICABLE TO KINGSTON BRASS-BRANDED HARDWARE
PRODUCT CAN BE FOUND AT http://www.Kingston Brass.com/policy/warranty.asp
OR IN THE DOCUMENTATION KINGSTON BRASS PROVIDES WITH THE PRODUCT.
KINGSTON BRASS MAKES NO WARRANTIES FOR SERVICE, OR NON-KINGSTON
BRASS BRANDED PRODUCT. SUCH PRODUCT IS PROVIDED BY KINGSTON BRASS
"AS IS". WARRANTY AND SERVICE FOR NON-KINGSTON BRASS BRANDED
PRODUCT, IF ANY, IS PROVIDED BY THE ORIGINAL MANUFACTURER, NOT BY
KINGSTON BRASS. KINGSTON BRASS MAKES NO EXPRESS WARRANTIES EXCEPT
THOSE STATED IN KINGSTON BRASS'S APPLICABLE WARRANTY STATEMENT IN
EFFECT ON THE DATE OF THE INVOICE, PACKING SLIP OR ACKNOWLEDGEMENT.
WARRANTIES AND SERVICE WILL BE EFFECTIVE, AND KINGSTON BRASS WILL
BE OBLIGATED TO HONOR ANY SUCH WARRANTIES AND SERVICES, ONLY UPON
KINGSTON BRASS'S RECEIPT OF PAYMENT IN FULL FOR THE ITEM TO BE WARRANTED
OR SERVICED.
5. Return Policy: All Kingston Brass products are
sold as new and covered by our standard manufacturer warranty. In
an event when you need to return your products for any reason, please
read our warranty
[?] disclaimer carefully before proceeding for your claim.
6. Changed or Discontinued
Product. Kingston Brass's policy is one of ongoing update and revision.
Kingston Brass may revise and discontinue Product at any time without
notice to you and this may affect information saved in your online
"cart." Kingston Brass will ship Product that have the
functionality and performance of the Product ordered, but changes
between what is shipped and what is described in a specification
sheet or catalog are possible. Parts used in repairing or servicing
Product may be new, equivalent-to-new, or reconditioned.
7. Service and Support.
Service offerings may vary from Product to Product. If you purchase
optional services and support from Kingston Brass, Kingston Brass
and/or your third-party service provider will provide such service
and support to you in the United States in accordance with the terms
and as mailed to you. You may contact Kingston Brass for more information,
see http://www.kingstonbrass.com/content/contact_us.asp for contact
information. Kingston Brass and/or the third-party service provider
may at their discretion, revise their general and optional service
and support programs and the terms and conditions that govern them
without prior notice to you. Kingston Brass has no obligation to
provide service or support until Kingston Brass has received full
payment for the Product or service/support contract you purchased.
Kingston Brass is not obligated to provide service or support you
purchase through a third party and not Kingston Brass.
8. Limitation of Liability.
KINGSTON BRASS DOES NOT ACCEPT LIABILITY BEYOND THE REMEDIES SET
FORTH HEREIN, INCLUDING BUT NOT LIMITED TO ANY LIABILITY FOR PRODUCT
NOT BEING AVAILABLE FOR USE, LOST PROFITS, LOSS OF BUSINESS, OR
THE PROVISION OF SERVICES AND SUPPORT. EXCEPT AS EXPRESSLY PROVIDED
HEREIN, KINGSTON BRASS WILL NOT BE LIABLE FOR ANY CONSEQUENTIAL,
SPECIAL, INDIRECT, OR PUNITIVE DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY THIRD PARTY. YOU AGREE
THAT FOR ANY LIABILITY RELATED TO THE PURCHASE OF PRODUCT, KINGSTON
BRASS IS NOT LIABLE OR RESPONSIBLE FOR ANY AMOUNT OF DAMAGES ABOVE
THE AMOUNT INVOICED FOR THE APPLICABLE PRODUCT. NOTWITHSTANDING
ANYTHING IN THIS AGREEMENT TO THE CONTRARY, THE REMEDIES SET FORTH
IN THIS AGREEMENT SHALL APPLY EVEN IF SUCH REMEDIES FAIL THEIR ESSENTIAL
PURPOSE.
9. Governing Law.
THIS AGREEMENT AND ANY SALES THERE UNDER SHALL BE GOVERNED BY THE
LAWS OF THE STATE OF CALIFORNIA, WITHOUT REGARD TO CONFLICTS OF
LAWS RULES.
10. Headings. 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.
11. Binding Arbitration.
ANY CLAIM, DISPUTE, OR CONTROVERSY (WHETHER IN CONTRACT, TORT, OR
OTHERWISE, WHETHER PREEXISTING, PRESENT OR FUTURE, AND INCLUDING
STATUTORY, COMMON LAW, INTENTIONAL TORT AND EQUITABLE CLAIMS) BETWEEN
CUSTOMER AND KINGSTON BRASS, its agents, employees, principals,
successors, assigns, affiliates (collectively for purposes of this
paragraph, "Kingston Brass") arising from or relating
to this Agreement, its interpretation, or the breach, termination
or validity thereof, the relationships which result from this Agreement
(including, to the full extent permitted by applicable law, relationships
with third parties who are not signatories to this Agreement), Kingston
Brass's advertising, or any related purchase SHALL BE RESOLVED EXCLUSIVELY
AND FINALLY BY BINDING ARBITRATION ADMINISTERED BY THE NATIONAL
ARBITRATION FORUM (NAF) under its Code of Procedure then in effect
(available via the Internet at http://www.arb-forum.com , or via
telephone at 1-800-474-2371). The arbitration will be limited solely
to the dispute or controversy between customer and Kingston Brass.
NEITHER CUSTOMER NOR KINGSTON BRASS SHALL BE ENTITLED TO JOIN OR
CONSOLIDATE CLAIMS BY OR AGAINST OTHER CUSTOMERS, OR ARBITRATE ANY
CLAIM AS A REPRESENTATIVE OR CLASS ACTION OR IN A PRIVATE ATTORNEY
GENERAL CAPACITY. This transaction involves interstate commerce,
and this provision shall be governed by the Federal Arbitration
Act 9 U.S.C. sec. 1-16 (FAA). Any award of the arbitrator(s) shall
be final and binding on each of the parties, and may be entered
as a judgment in any court of competent jurisdiction. Kingston Brass
will be responsible for paying any arbitration filing fees and fees
required to obtain a hearing to the extent such fees exceed the
amount of the filing fee for initiating a claim in the court of
general jurisdiction in the state in which you reside. Each party
shall pay for its own costs and attorneys' fees, if any. However,
if any party prevails on a statutory claim that affords the prevailing
party attorneys' fees, or if there is a written agreement providing
for fees, the Arbitrator may award reasonable fees to the prevailing
party, under the standards for fee shifting provided by law. Information
may be obtained and claims may be filed with the NAF at P.O. Box
50191, Minneapolis, MN 55405.
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