CONDITIONS OF SALE

 

Last Revised: January 31, 2018

These conditions of sale, including information made available via a hyperlink herein, apply to your purchase of products from ACTT, LLC (“ACTT”) by phone, internet, in-person, e-mail, or otherwise. By placing your order with ACTT, you accept and are bound to the terms of this Agreement. ACTT specifically rejects any different, inconsistent, conflicting or additional terms or conditions you may provide in the course of the sale of products from ACTT to you. Any variation to this Agreement shall not be valid or binding upon ACTT unless an authorized officer of ACTT expressly accepts such terms or conditions in writing.

 

Orders.  Any order shall be subject to acceptance by ACTT. ACTT may decline any order in whole or in part, for any lawful reason whatsoever. If ACTT accepts your order, ACTT will notify you of its acceptance by sending an order confirmation. Once ACTT has sent the order confirmation to you, you may not cancel the order. ACTT is not responsible for pricing, typographical or other errors in any offer by ACTT and ACTT reserves the right to cancel any orders arising from such errors.

 

Payment Terms. Terms of payment are within ACTT’s sole discretion and unless otherwise agreed to by ACTT, payment must be received by ACTT prior to ACTT’s acceptance of an order.

 

Taxes.  Stated prices do not include any customs duties, sales, use, value added, excise, federal, state, local or other taxes. Unless you provide ACTT with a valid tax exemption certificate, all such duties or taxes shall be paid by you.

 

Shipping and Delivery.  Shipping charges, if any, will be added to your invoice for the products purchased. Any delivery dates ACTT quotes are estimates only. ACTT cannot guarantee delivery on a specific date. Failure to deliver upon a certain date, for whatever reason, shall not entitle you to terminate this Agreement, cancel the order, or claim consequential, liquidated or other damages. ACTT reserves the right to deliver products in partial shipments or installments. All shipment(s) are sold Free On Board (F.O.B.) to Customer location via truck with title of ownership passing to customer upon leaving the ACTT shipping point. ACTT may contract dedicated, regional carriers that specialize in shipping its products. Carriers will vary based on your location and requirements. Our logistics support staff will notify you when to expect delivery and who your delivery carrier will be.

 

Shipping Details:

    •       General delivery schedule: Monday – Friday, 8am – 5pm (not including holidays.) Not all areas are serviced every day; some areas may be serviced only a few days per week, bi-weekly, or monthly depending on location.

    •       Limited Area Delivery or Restricted Area Delivery charges may apply.

    •       A person of 18 years of at least age must be present to receive order.

    •       Delivery carrier will call to confirm delivery date and schedule the delivery within an eight-hour or less time window.

    •       Delivery must be scheduled within 10 days of receipt at delivery carrier, or additional storage fees may be charged and are the responsibility of the customer.

    •       Shipping information will be collected such as, but not limited to, apartment, parking access, non-paved roads, steep driveways, road weight restrictions, and ferry access.

    •       ACTT requires an area that is empty, clean and dry that is large enough for easy delivery, inspection and viewing of individual products.

    •       Communicate any special delivery circumstances to ACTT prior to placing your order.

    •       Delivery to your address may be limited by location or other circumstances. We reserve the right to change delivery methods and/or carriers.

    •       If a scheduled delivery does not occur because of circumstances beyond the control of the delivery carrier, an additional charge will be applied to the order for re-delivery. (Example: customer not home, unable to deliver due to pertinent information not provided, etc.)

    •       If a scheduled delivery cannot take place due to weather, etc., the delivery carrier will call and reschedule. (Delivery carrier is not responsible for lost time or wages.)

    •       Estimated shipping dates are based on “Standard Orders” and do not reflect “Rush” or “Warranty” orders, which are expedited shipments.

    •       Warranty is null and void outside of the lower contiguous 48 United States.

 

Confirm Receipt of Order and Damage/Missing Parts.

You have 7 days to report concealed damage. If you have any questions, please email us at admin@acttkitchenandbath.com or call (973) 893-0019. Please check the contents of your delivery upon arrival and report any missing or visibly damaged products to the delivery driver. (Be sure to mark any damaged or missing products with your delivery carrier.) ACTT is not responsible for missing or visibly damaged items after you sign for your delivery.

 

Decorative Hardware/Shortage/Damage Policy.

Please check and inspect your hardware order as soon as you receive it. You have seven (7) business days, after receipt of hardware items, to report any defective, damaged, incorrect and/or missing items to ACTT. The customer is responsible for checking delivery and noting any shortages. If an order is found to be incomplete, customer will contact ACTT and order required replacement.

 

Return and Replacement Policy.  

All Returns & Replacement orders must be authorized by ACTT. Products that have been installed are not eligible for returns or replacement. Modified products (by ACTT or its Installer) are not eligible for returns or replacement. Specialty orders are not eligible for returns or replacement.  All returned products must be in original packaging. There is a minimum twenty-five percent (25%) restocking charge and the cost of all freight charges for all returned goods. Photographs may be required to process returns or replacements.

 

 

Freight Damage.

Customer is responsible to check order upon receipt to determine if any delivery damage has occurred. In the event of damage, the customer will place a replacement order with ACTT. The delivery agent may make note of damage but will not place order. NOTE: Any pictures that can accompany orders will help expedite replacement order if approved and authorized by ACTT. ACTT will determine if items will be returned, replaced, or denied a request by Customer. ACTT may require a field inspection of damage before entering a replacement order. ACTT does not take responsibility for received and installed products as it relates to freight damage. Packages must be sent back fully insured and via an approved carrier. ACTT is not responsible for lost freight or damages caused by the shipper. All claims must be made through the shipping party.

 

Concealed Damage.

Concealed damage is any damage noted after clean delivery has been accepted without any notification of damage. Concealed damage is defined as damage found after products have been unpacked and delivery agent has departed. Customer will report damage to ACTT for product replacement. Customer has seven (7) days, from date of delivery, to report concealed damage and request no charge replacements. We strongly requires that customer inspect products as soon as possible after delivery and prior to installation. ACTT does not take responsibility for received and installed products as it relates to concealed damage.

 

Defective Product. The customer is responsible for checking order to determine if there is any defective product. Customer will report defects to ACTT for product replacement. Customer has seven (7) days, from date of delivery, to report defective products. ACTT may request pictures in lieu of inspection to help expedite replacement order process.

 

Defective Product Replacement. ACTT reserves the right to determine the most cost effective and efficient method to correct defective merchandise that does not involve total replacement, should a replacement be authorized and approved by ACTT.

 

Climate Considerations. Climate conditions may cause small changes in dimensions with normal changes in relative humidity. More humid air may cause slight swelling and drier air may cause slight shrinkage. These changes are not considered defective. ACTT makes attempts to store its products in a controlled environment to minimize dimensional changes after the product leaves for delivery. This means the moisture content in our products are controlled to work optimally in most US locations. If you install (or store products for an extended time period) in an extremely humid area, or in a building without air-conditioning, you may expect some components of your products to change dimensionally.

 

Limited Warranty.  A LIMITED WARRANTY BY THE MANUFACTURER APPLICABLE TO PRODUCTS IN THE DOCUMENTATION PROVIDED WITH ITS PRODUCTS, WHICH IS THE WARRANTY YOU AGREE TO AND IS AVAILABLE FOR INSPECTION PRIOR TO CONSUMMATION OF THE SALE CONTEMPLATED BY THIS AGREEMENT. ACTT MAKES NO OTHER WARRANTY TO YOU, EITHER EXPRESS OR IMPLIED, WITH RESPECT TO THE PRODUCTS AND TO THE FULLEST EXTENT PERMITTED BY LAW, ACTT DISCLAIMS ALL OTHER WARRANTIES OR REPRESENTATIONS, EXPRESS OR IMPLIED, WITH RESPECT TO THE PRODUCT, ADVICE, OR CONSULTATION, IF ANY, FURNISHED TO YOU BY ACTT OR ITS REPRESENTATIVES, WHETHER AS TO MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, OR OTHERWISE.

 

Limitation of Liability.  TO THE EXTENT PERMITTED BY LAW, ACTT WILL NOT BE LIABLE PURSUANT TO THE CONDITIONS FOR SALE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES (INCLUDING THE COST OF PROCUREMENT OR INSTALLATION OF ANY SUBSTITUTE FOR THE PRODUCTS PURCHASED), HOWEVER CAUSED, AND REGARDLESS OF THEORY OF LIABILITY, EVEN IF ACTT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE EXTENT PERMITTED BY LAW, ACTT’S LIABILITY WILL NOT EXCEED THE AMOUNT YOU WERE INVOICED FOR THE APPLICABLE PRODUCT.

 

Governing Law; Venue.  In all respects this Agreement shall be governed by the procedural and substantive laws of the State of New Jersey without giving effect to any choice of law principles which might provide for application of a different jurisdiction’s law. Any claim or action brought in connection with this Agreement shall be brought in the appropriate Federal or State court located in the State of New Jersey, and you irrevocably and unconditionally consent to the exclusive jurisdiction and venue of such courts.

 

Force Majeure. An event of Force Majeure means an event beyond the control of either party, which prevents a Party from complying with any of its obligations under this Agreement, including but not limited to:

1. Act of God (such as, but not limited to, fires, explosions, earthquakes, drought, tidal waves and floods);

2. War, hostilities (whether war be declared or not), invasion, act of foreign enemies, mobilisation, requisition, or embargo;

3. Rebellion, revolution, insurrection, or military or usurped power, or civil war;

4. Contamination by radio-activity from any nuclear fuel, or from any nuclear waste from the combustion of nuclear fuel, radio-active toxic explosive, or other hazardous properties of any explosive nuclear assembly or nuclear component of such assembly;

5. Riot, commotion, strikes, go slows, lock outs or disorder, unless solely restricted to employees of ACTT or of its Subcontractors; or

6. Acts or threats of terrorism.

 

Consequences of Force Majeure Event.

1. Neither Party shall be considered in breach of this Agreement to the extent that performance of their respective obligations (excluding payment obligations) is prevented by an Event of Force Majeure that arises.

2. The Party (the “Affected Party”) prevented from carrying out its obligations hereunder shall give notice to the other Party of an Event of Force Majeure upon it being foreseen by, or becoming known to, the Affected Party.

3. If and to the extent that the Affected Party is prevented from executing this Agreement by the Event of Force Majeure, this Agreement will become null and void upon notice of termination to the other Party.

4. Any damages or claims arising from an Event of Force Majeure will be determined by applicable law and a Court of Law.

 

Miscellaneous.  This Agreement constitutes the entire contract between you and ACTT for your purchase of products from ACTT; there are no other contracts, express or implied. The headings contained in this Agreement are intended solely for convenience of reference and are not intended to be part of or affect the meaning or interpretation of this Agreement. No course of dealing, nor any failure or delay in exercising any right, power or privilege hereunder by ACTT shall operate as a waiver thereof. If a court of competent jurisdiction declares any provision of this Agreement to be invalid, unlawful or unenforceable as drafted, such provision shall be amended and construed in a manner designed to effectuate the purposes of the provision to the fullest extent permitted by law. If such provision cannot be so amended and construed, it shall be severed, and the remaining provisions shall remain unimpaired and in full force and effect to the fullest extent permitted by law.