Terms and Conditions
1) CONTRACT TERMS
This writing constitutes the complete and exclusive statement of the terms and conditions of sale of the material described herein, and seller's obligation to sell is expressly conditioned upon assent to these terms and conditions. No additional or different specifications will be binding upon seller unless specifically agreed to in writing; failure of seller to object to provisions contained in any purchase order or other communication from the buyer shall not be construed as a waiver of these terms and conditions nor an acceptance of any such provisions.
2) SHIPMENT TERMS
In the absence of shipping instructions, the material is to be shipped by whatever shipping method seller deems appropriate, F.O.B. seller's warehouse, and in any event the material is at the risk of buyer from and after delivery to carrier, and buyer assumes all responsibility for shortage, loss, delay, or damage in transit. All scheduled shipment dates are approximate and subject to delays caused by fire, strike or other labor disturbances, Acts of God, shortages of materials or failure of suppliers to satisfactorily meet scheduled deliveries or any other factor or event beyond seller's reasonable control, none of which factors or events shall give rise to any liability on the part of the seller, but shall extend the shipment date for a period equivalent to the time lost by reason of all such factors or events. Use of the material by the buyer shall constitute a waiver of any claim for delay, and in no event shall the seller be liable for consequential or other damages for any delay.
Sales, use, excise, or similar taxes arising out of or relating to the sale, delivery, installation, or use of the material described
on the face hereof are not included in the price except as otherwise specified herein. All such taxes are the responsibility of the buyer and the
seller shall have the right at any time to separately bill the buyer for such tax which seller may have been requested to pay, and the buyer
shall upon receipt of such invoice pay the seller the amount stated thereon.
4) INSPECTION, ACCEPTANCE, AND INSTALLATION
The material covered hereby shall be deemed finally inspected and accepted within five (5) days after receipt thereof unless notice of a claim is given in writing to the seller within such time period. The seller, unless otherwise stated on the face hereof, is under no obligation to install the material or to supervise such installation. No returns, exchanges or refunds unless otherwise agreed to in writing by both parties.
Invoices are due and payable as stated on the face hereof, and a late payment charge of one and one half (1 V2%) per month will
be added to any invoiced amounts unpaid when due if not prohibited by law, otherwise at the highest lawful current rate. Payment in U.S.
currency only. The due date is not affected, in event the buyer is a contractor, upon payment (or non-payment) for the material to the
buyer by the owner, another contractor, or any other third party. Buyer shall reimburse seller, upon demand, for any costs incurred by
seller, including reasonable attorney's fees.
Seller warrants for a period of one year from the date of shipment that the ceiling tiles will be free from manufacturing defects
under normal use and proper maintenance. THIS WARRANTY IS EXCLUSIVE AND IS EXPRESSLY IN LIEU OF ALL OTHER EXPRESS AND IMPLIED WARRANTIES (EXCEPT TITLE) INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, PERFORMANCE, OR OTHERWISE. The warranty does not cover damage caused in whole or in part by physical modifications to the tiles, casualty, abuse, use for which material is not designed, faulty construction of the building, faulty installation of the material, settlement of the building walls, failure of the other contractors to adhere to specifications, and excessive dryness or excessive moisture from humidity, spillage, mechanical failure, or any other source.
7) BUYER'S REMEDIES
The seller's obligation under the foregoing warranty is strictly and exclusively limited to the replacement, free of charge, F.0.8. seller's warehouse, or such portions of the material as are found to be so defective, and such obligation is conditioned under the buyer giving prompt written notice of the seller of any claimed breach of warranty within the warranty period.- The seller shall have the right to remedy such defects at such time or times as may be reasonable, and the replacement of such portions of the material shall not extend the warranty period. IN NO EVENT SHALL THE SELLER BE LIABLE FOR CLAIMS (BASED UPON BREACH OR EXPRESS OR IMPLIED WARRANTY, NEGLIGENCE, OR OTHERWISE) FOR ANY OTHER DAMAGES, WHETHER DIRECT, IMMEDIATE, INCIDENTAL, FORESEEABLE, CONSEQUENTIAL, OR SPECIAL.
The seller shall not be, in any way, responsible for the sufficiency, accuracy, adequacy, or safety of the layout of the material submitted to the seller by the buyer (or third party) whether in the form of blueprint, drawing, or other representation, but rather is entitled to rely upon any such representation. Further, the seller shall not be in any way responsible for the compliance with any laws, regulations, rules, or standards that affect, or pertain to, the sale, use of maintenance of the materials.
9) SHIPPING DAMAGE CLAIM
On rare occasion, ceiling tiles may be damaged in shipping. Guidelines for claims can be found here.
10) RETURN POLICY
Ceiling tiles may be returned within 30 days of ship date from Above View Inc. Refunds are only available as a credit towards future orders; no cash, check or credit card refunds. Freight cost to return the items is the responsibility of the customer. A restocking fee of 35% of the original invoice amount of returned tiles will be applied to the credit. All tiles are subject to inspection upon receipt. The cost of any tiles received damaged or not in original condition will be subtracted from the credit amount. Custom tiles, including custom design, paint, finish or pre-cut with holes are not returnable. Above View must receive an email notifying us of intent to return tiles, and must receive a tracking number for return shipment. Email: firstname.lastname@example.org.
ABOVE VIEW INC. 2019