Terms for Ordered Products and Services
Terms for Ordered Products and Services
This Agreement applies to any order, purchase, receipt, delivery or use of any products and services (collectively, “purchase”) from Aging Safely Baths & More, LLC., d/b/a Aging Safely Walk In Bathtubs or any of its subsidiaries or affiliates (“Seller”) or an authorized reseller of Seller (“Reseller”), unless you enter into a separate written agreement with Seller. THIS AGREEMENT CONTAINS A DISPUTE RESOLUTION CLAUSE. PLEASE SEE SECTION 7 BELOW.
1. Payment Terms
Advertised prices are in U.S. dollars and exclude shipping, handling and taxes unless otherwise noted. You are responsible for paying all taxes associated with your order. Seller may change prices without notice to you before Seller enters your order and may modify and substitute products and components without notice to you prior to shipping. Payment is due at the time stated in your invoice or when product is shipped unless Seller has extended credit to you. Amounts not paid when due bear interest at the rate of 1.5% percent per month (18% per annum) or the highest rate allowed under applicable law, whichever is lower.
2. Shipping and Title
Seller will arrange to ship products to you. Title and risk of loss to products pass to you when Seller’s designated shipper delivers products to the address you specify. You must notify Seller of damaged or missing items from your order within two (2) days after you receive your product.
3. Disclaimer of Product Warranties.
Seller is a distributor only, and the Products sold by Seller are not manufactured or published by Seller. All Products are covered by, and subject to, the terms, conditions, and limitations of the warranty, if any, provided by the manufacturer or publisher of the Products, which warranty is expressly in lieu of any other warranty, express or implied, of or by Seller. Seller makes no warranties whatsoever. Without limiting the generality of the foregoing, in the event that any of the Products are defective, the sole recourse of Purchaser and its customers shall be to return those Products directly to the manufacturer or publisher thereof in accordance with the warranty policies of such manufacturer or publisher, and Seller shall have no responsibility for the actions of the manufacturer or publisher in complying with such warranty policies. PRODUCTS ARE SOLD “AS IS” AND “WITH ALL FAULTS.” IN NO EVENT SHALL SELLER BE LIABLE FOR ANY CONSEQUENTIAL DAMAGES OR DAMAGES OF ANY KIND OR NATURE ALLEGED TO HAVE RESULTED FROM ANY BREACH OF WARRANTY. SELLER SPECIFICALLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, AS TO ANY PRODUCTS, INCLUDING AND WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY IMPLIED WARRANTIES ARISING FROM STATUTE, TRADE USAGE, COURSE OF DEALING, OR COURSE OF PERFORMANCE.
You acknowledge and understand that it your sole and exclusive responsibility to have any product installed by licensed plumber and electrician and obtain governmental licenses, permits, approvals, applications or registrations as required. Failure to have product properly installed by licensed plumber and electrician voids manufacturers warranty.
4. Product Returns.
Purchaser must obtain a valid Return Material Authorization (“RMA”) number from Seller for all returns. RMAs will be issued, at the sole discretion of Seller, only in accordance with this section. Purchaser must provide its account number and all other information as required by Seller for all returns. RMAs are valid for 14 (fourteen) calendar days from the date of issuance. Purchaser must allow for in-transit time for Products to be returned to Seller, as Seller must physically receive Products within the 14 calendar days. RMAs will be issued for authorized returns under one of the following categories: (i) billing or shipping discrepancies, or (ii) damaged Product. Notwithstanding anything to the contrary, Seller reserves the right not to authorize the return of Products that are no longer in production or are being produced or published by a manufacturer or publisher that (i) is insolvent, (ii) has declared bankruptcy, or (iii) will not accept return of such Products from Seller. Seller will also not accept returns for defective Products, and defective Products must be returned to the manufacturer or publisher under the specific warranty policies. Damaged Product returns are only for Products purchased from Seller and shipped via Seller’s carrier of choice that are damaged in transit from Seller to the Purchaser. Purchaser shall refuse any Product delivered in damaged condition. If the Product is received in damaged condition, Purchaser shall notify Seller and request an RMA within five (5) business days of receipt of such Product. Failure to notify Seller and request an RMA within such time shall be deemed an acceptance of the Product as of the date of shipment.
SHIPPING & HANDLING, DELIVERY AND SIMILAR FEES (INCLUDING RELATED SALES TAXES) ARE NOT REFUNDABLE. YOU ARE RESPONSIBLE FOR PRODUCTS UNTIL SELLER RECEIVES THEM. YOU WILL BE CHARGED SHIPPING AND HANDLING OR A 30% RESTOCKING FEE TO RETURN PRODUCTS. Returned products must be in the same condition as you received them. THIS RETURN POLICY IS NOT A WARRANTY. NOTE: Seller will not accept for return any products you purchased from a Reseller.
5. Limitation of Seller Liability.
SELLER SHALL HAVE NO DUTY TO DEFEND, INDEMNIFY, OR HOLD HARMLESS PURCHASER FROM AND AGAINST ANY OR ALL DAMAGES AND COST INCURRED BY PURCHASER ARISING FROM THE INFRINGEMENT OF PATENTS OR TRADEMARKS OR THE VIOLATION OF COPYRIGHTS BY PRODUCTS. SELLER SHALL NOT BE LIABLE TO PURCHASER OR ANY OTHER PARTY FOR ANY LOSS, DAMAGE, OR INJURY THAT RESULTS FROM THE USE OR APPLICATION BY PURCHASER OR ANY OTHER PARTY, OF PRODUCTS DELIVERED TO PURCHASER, UNLESS THE LOSS OR DAMAGE RESULTS DIRECTLY FROM THE INTENTIONALLY TORTIOUS OR FRAUDULENT ACTS OR OMISSIONS OF SELLER. IN NO EVENT SHALL SELLER BE LIABLE TO PURCHASER OR ANY OTHER PARTY FOR LOSS, DAMAGE, OR INJURY OF ANY KIND OR NATURE ARISING OUT OF OR IN CONNECTION WITH THESE TERMS AND CONDITIONS, OR ANY AGREEMENT INTO WHICH THEY ARE INCORPORATED, OR ANY PERFORMANCE OR NONPERFORMANCE UNDER THESE TERMS AND CONDITIONS BY SELLER, ITS EMPLOYEES, AGENTS OR SUBCONTRACTORS, IN EXCESS OF THE NET PURCHASE PRICE OF THE PRODUCTS OR SERVICES ACTUALLY DELIVERED TO AND PAID FOR BY PURCHASER HEREUNDER. IN NO EVENT SHALL SELLER BE LIABLE TO PURCHASER OR ANY OTHER PARTY FOR INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOSS OF GOOD WILL, LOSS OF ANTICIPATED PROFITS, OR OTHER ECONOMIC LOSS ARISING OUT OF OR IN CONNECTION WITH SELLER’S BREACH OF, OR FAILURE TO PERFORM IN ACCORDANCE WITH ANY OF THESE TERMS AND CONDITIONS, OR THE FURNISHING, INSTALLATION, SERVICING, USE OR PERFORMANCE OF ANY PRODUCTS OR INFORMATION SELLER SHALL PROVIDE HEREUNDER, EVEN IF NOTIFICATION HAS BEEN GIVEN AS TO THE POSSIBILITY OF SUCH DAMAGES. PURCHASER HEREBY EXPRESSLY WAIVES ANY AND ALL CLAIMS FOR SUCH DAMAGES.
6. Services and Service Limited Warranty
The Seller provides installation and other services in accordance with the terms and conditions of this Agreement. Services provided by the Seller to you are optional and require the payment of a separate fee. Services may be provided by a third-party service provider, which may require a separate agreement. You may purchase services at the time you purchase your Product or by calling the Seller after your original purchase. Please contact the Seller’s client support personnel for current prices and availability. Confirmation of your purchase of services may be required before the Seller provides the services under this Agreement. The Seller may use independent contractors to provide services.
Services are available during reasonable business hours. The location and hours of service may vary, and on-site Services may not be available in all locations. PLEASE CONSULT WITH YOUR PRODUCT SALES REPRESENTATIVE BEFORE PURCHASING A SERVICE TO DETERMINE WHETHER SERVICE IS AVAILABLE AT YOUR LOCATION AND THE HOURS OF AVAILABILITY. THE SELLER RESERVES THE RIGHT TO REFUSE OR CANCEL SERVICE TO A CUSTOMER IF THE SELLER DETERMINES THAT YOU HAVE FAILED TO COMPLY WITH ANY OF YOUR RESPONSIBILITIES DESCRIBED) BELOW.
You should contact the Seller’s technical support personnel to obtain on-site services. When the Seller determines that on-site Service is necessary, a Seller authorized technician will contact you and, using the estimated delivery time for the part or Product to be installed, the Seller technician will schedule an Estimated Time of Arrival (ETA). On the day of the scheduled service appointment, the technician will contact you to verify that the part or Product to be installed has arrived at your location. If the part or Product has not yet arrived, you must inform the technician and schedule a new appointment. For all on-site Services described in this Agreement, you are responsible for the following obligations, fulfillment of which shall be a condition to the Seller’s obligation to provide such on-site Services:
- Ensuring that the technician is not exposed to unsafe, unhealthy, abusive, violent or illegal activities, environment or conduct;
- Ensuring that the Product to be installed or serviced is present at the actual service or installation location;
- Providing the Seller technician with full access to the location where the installation or on-site Service will be performed;
- Providing a suitable installation and operating location for the Product;
- Removing any third party, non-Seller products prior to the arrival of the Seller authorized technician;
- Correctly packaging and returning non-functioning parts, Products or Accessories to the Seller;
- HAVING A REPRESENTATIVE 21 YEARS OF AGE OR OLDER PRESENT WHEN THE Seller AUTHORIZED TECHNICIAN IS PROVIDING ON-SITE SERVICE; and
- Any other obligations reasonably required the Seller’s technical support personnel or the Seller authorized technician in order to provide the Services pursuant to this Agreement.
The Seller warrants only that the Services will be performed in a professional and workmanlike manner.
ANY IMPLIED WARRANTY IS LIMITED TO THE TERM OF THIS AGREEMENT. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY THE SELLER, ITS AGENTS, EMPLOYEES, OR SUBCONTRACTORS SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF THIS AGREEMENT.
THE SELLER (INCLUDING ITS SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS OR SUBCONTRACTORS, ALL OF WHICH ARE REFERRED TO HEREIN COLLECTIVELY AS THE “SELLER AFFILIATES”) SHALL NOT BE LIABLE UNDER ANY CIRCUMSTANCE TO YOU OR ANY OTHER PARTY FOR ANY SPECIAL, CONSEQUENTIAL, INCIDENTAL OR EXEMPLARY DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE SERVICES OR OTHERWISE, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOST PROFITS, LOSS OF THE GOODS OR ANY ASSOCIATED EQUIPMENT, COST OF CAPITAL, COST OF SUBSTITUTE OR REPLACEMENT EQUIPMENT, FACILITIES OR SERVICES, DOWN TIME, YOUR TIME, LOST DATA, INJURY TO PROPERTY OR ANY DAMAGES OR SUMS PAID BY YOU TO THIRD PARTIES, EVEN IF THE Seller OR ANY OF THE SELLER AFFILIATES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY WHETHER ANY CLAIM IS BASED UPON PRINCIPLES OF CONTRACT, WARRANTY, NEGLIGENCE, OR OTHER TORT, BREACH OF ANY STATUTORY DUTY, PRINCIPLES OF INDEMNITY OR CONTRIBUTION, THE FAILURE OF ANY LIMITED OR EXCLUSIVE REMEDY TO ACHIEVE ITS ESSENTIAL PURPOSE, OR OTHERWISE.
IN NO EVENT SHALL THE SELLER OR ANY SELLER AFFILIATE BE LIABLE TO YOU OR ANY OTHER PARTY FOR LOSS, DAMAGE, OR INJURY OF ANY KIND OR NATURE ARISING OUT OF OR IN CONNECTION WITH THE SERVICES IN EXCESS OF THE FEES YOU HAVE ACTUALLY PAID FOR THE SERVICES GIVING RISE TO CLAIM.
THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS OR THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.
7. Dispute Resolution
You and Seller agree that any Dispute between You and Seller will be resolved exclusively and finally by arbitration administered by the American Arbitration Association (“Arbitrator”) and conducted under its rules, except as otherwise provided below. You and Seller will agree on another arbitration forum if Arbitrator ceases operations. The arbitration will be conducted before a single arbitrator, and will be limited solely to the Dispute between You and Seller. The arbitration, or any portion of it, will not be consolidated with any other arbitration and will not be conducted on a class-wide or class action basis. The arbitration shall be held at any reasonable location near your residence by submission of documents, by telephone, online or in person whichever method of presentation You choose. If You prevail in the arbitration of any Dispute with Seller, Seller will reimburse You for any fees you paid to Arbitrator in connection with the arbitration. Any decision rendered in such arbitration proceedings will be final and binding on the parties, and judgment may be entered thereon in any court of competent jurisdiction. Should either party bring a Dispute in a forum other than Arbitrator, the arbitrator may award the other party its reasonable costs and expenses, including attorneys’ fees, incurred in staying or dismissing such other proceedings or in otherwise enforcing compliance with this dispute resolution provision. You understand that, in the absence of this provision, You would have had a right to litigate disputes through a court, including the right to litigate claims on a class-wide or class-action basis, and that You have expressly and knowingly waived those rights and agreed to resolve any Disputes through binding arbitration in accordance with the provisions of this paragraph. This arbitration provision shall be governed by the Federal Arbitration Act, 9 U.S.C.A. Section 1, et seq. For the purposes of this provision, the term “Dispute” means any dispute, controversy, or claim arising out of or relating to: (i) this Agreement, its interpretation, or the breach, termination, applicability or validity thereof, (ii) the related order for, purchase, delivery, receipt or use of any product or service from Seller, or (iii) any other dispute arising out of or relating to the relationship between You and Seller; the term “Seller” means Seller, Inc, its parents, subsidiaries, affiliates, directors, officers, employees, beneficiaries, agents, assigns, and/or any third party who provides products or services purchased from or distributed by Seller; and the term “You” means you, or those in privity with you, such as family members or beneficiaries. Information may be obtained from Arbitrator on line at adr.org or by calling (800)778-7879.
You may not assign this Agreement without Seller’s written consent. Seller and its subsidiaries and affiliates are intended beneficiaries of this Agreement. If there is any inconsistency between this Agreement and any other agreement included with or relating to products or services purchased from Seller, this Agreement shall govern. This Agreement may not be modified, altered or amended without the written agreement of Seller. Any additional or altered terms attached to your order shall be null and void, unless expressly agreed to in writing by Seller. If any term of this Agreement is illegal or unenforceable, the legality and enforceability of the remaining provisions shall not be affected or impaired. This Agreement shall be interpreted under the laws of the State of Colorado, without giving effect to conflicts of law rules. Please send correspondence regarding this Agreement to: Aging Safely Baths & More LLC., P.O. Box 270696 Louisville, CO 80027.