Terms and Conditions of the Sale
The following terms and conditions govern the sale by KitchenHoods.ca, entity named on the invoice and/or sales receipt ("KitchenHoods.ca") that will be provided to the Customer on orders for kitchen products, appliances and/or related products sold in the Canada and United States. By accepting delivery of the kitchen appliances and/or other products described on that invoice and/or sales receipt, Customer agrees to be bound by and accepts these terms and conditions. THESE TERMS AND CONDITIONS APPLY (i) UNLESS THE CUSTOMER HAS SIGNED A SEPARATE FORMAL PURCHASE AGREEMENT WITH KITCHENHOODS.CA, IN WHICH CASE THE SEPARATE AGREEMENT SHALL GOVERN OR (ii) UNLESS OTHER KitchenHoods.ca's STANDARD TERMS APPLY TO THE TRANSACTION. These terms and conditions are subject to change without prior written notice at any time, at KitchenHoods.ca's sole discretion.
LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES, SHALL THE WWW.KITCHENHOODS.CA OR ANY OF THEIR EMPLOYEES, DIRECTORS, OFFICERS, AGENTS, VENDORS OR SUPPLIERS BE LIABLE FOR ANY DIRECT OR INDIRECT LOSSES OR DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE USE OF OR INABILITY TO USE THIS WEBSITE. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL LOSSES AND DAMAGES OF ANY KIND (WHETHER GENERAL, SPECIAL, CONSEQUENTIAL, INCIDENTAL, EXEMPLARY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, LOSS OF DATA, INCOME OR PROFITS), WHETHER IN CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, EVEN IF AN AUTHORIZED REPRESENTATIVE OF ANY WWW.KITCHENHOODS.CA BUSaINESS HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. IF YOU ARE DISSATISFIED WITH THIS WEBSITE OR ANY CONTENT ON THE SITE, OR WITH THESE TERMS AND CONDITIONS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THIS WEBSITE. YOU ACKNOWLEDGE, BY YOUR USE OF THIS WEBSITE, THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OF LIABILITY SET FORTH ABOVE, SO THIS LIMITATION OF LIABILITY MAY NOT APPLY TO YOU. IF ANY PART OF THIS LIMITATION ON LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN THE AGGREGATE LIABILITY OF WWW.KITCHENHOODS.CA BUSINESSES UNDER SUCH CIRCUMSTANCES FOR LIABILITIES THAT OTHERWISE WOULD HAVE BEEN LIMITED SHALL NOT EXCEED ONE HUNDRED DOLLARS ($100).
* It is a responsibility of the customer to make sure that the goods you intend to purchase will be suitable for the purpose you have in mind.
These terms and conditions may NOT be altered, supplemented, or amended by the use of any other document(s). Any attempt to alter, supplement or amend this document or to enter an order for product(s) which is subject to additional or altered terms and conditions will be null and void, unless otherwise agreed to in a written agreement signed by both Customer and KitchenHoods.ca
CUSTOMER acceptance of the Goods shall constitute an affirmation by CUSTOMER that the Terms and Conditions set forth herein govern the purchase and sale of the goods. Upon receipt of products, buyer agrees to inspect and/or test the products. Such inspections and testing shall be completed promptly and in no event later than five (5) calendar days after receipt of goods by customer. The products should be deemed accepted by customer unless customer provides KitchenHoods.ca a notice specifically noting any defects or discrepancies in the quality or quantity of products received. Customer is responsible for all freight charges associated with the merchandise after these five (5) calendar days. If a signature is requested DO NOT SIGN FOR YOUR ORDER UNTIL YOU HAVE PHYSICALLY INSPECTED IT.Should you not have time to inspect it, please sign the receipt as 'un-inspected' instead of your signature.
THE SALE(S) WILL BE GOVERNED BY THE LAWS OF BC, Canada. All questions, of interpretation, performance, enforcement and the rights and remedies of the parties hereunder shall be determined in accordance with the laws of Canada. Any legal action or proceeding arising from or related to this order-on-line transaction described herein shall be governed and maintained in New westminster, BC, Canada. Venue and jurisdiction for all litigation will lie in New westminster, BC, Canada. Customer hereby agree and submit to such jurisdiction and venue as proper.
Pricing and Availability.
Due to fast-moving nature of our industry, prices, promotions and availability are subject to change without notice. Unless otherwise specified in writing all prices are F.O.B. point of origin . Prices do not include sales, use, services, excise or similar taxes.
Payment Terms; Orders; Quotes; Interest.
Terms of payment are within KitchenHoods.ca's sole discretion, and unless otherwise agreed to by KitchenHoods.ca, payment must be received by KitchenHoods.ca prior to KitchenHoods.ca's acceptance of an order. Payment for the products will be made by cash, pre-approved check, credit card thru paypal, wire transfer, or some other pre-arranged payment method unless credit terms have been agreed to by KitchenHoods.ca If credit terms have been agreed to by KitchenHoods.ca, invoices are due and payable within certain agreed days after the date of the invoice. KitchenHoods.ca may invoice parts of an order separately. Orders are not binding upon KitchenHoods.ca until accepted by KitchenHoods.ca. Any quotations given by KitchenHoods.ca will be valid for the period stated on the quotation. Customer agrees to pay interest on all past-due sums at the highest rate allowed by law.
Shipping Charges and Taxes.
Separate charges for shipping and handling will be shown on KitchenHoods.ca's invoice(s) and/or sales receipt(s). Additional shipping and handling charges may apply to certain remote locations in United States and Canada. All products ship to BC have to apply 12% sales tax of sales amount according to BC Tax Regulation. Unless customer provides KitchenHoods.ca with a valid and correct tax exemption certificate applicable to the product ship-to location prior to Cavaliere.ca's acceptance of the order, the customer is responsible for sales and all other taxes associated with the order, however designated, except for KitchenHoods.ca's franchise taxes and taxes on Kitchenhoods.ca's net income. If applicable, a separate charge for taxes will be shown on KitchenHoods.ca's invoice and/or sales receipt.
Title and Risk.
Unless otherwise specified in writing in this document, shipping terms are F.O.B. origin point. Title and Risk of delay, loss or/and damage to the products shall pass to customer upon delivery to the common carrier at shipping point. Any claims resulting from products damaged in transit, shortages received or tampering must be filed with the common carrier by customer.
Customer agrees not to directly or indirectly export any products (whether or not modified by Services), including, but not limited to parts, equipment or technical data/documentation without first obtaining the required Canadian export license(s). Customer should recognize and acknowledge KitchenHoods.ca's products are subject to all relevant laws and regulations governing the export of Canadian technology. Customer should determine whether an export license or certain declarations required by the Canadian Government regarding the nature of the products to be exported, their destination, or their use.
THE LIMITED ONE YEAR WARRANTIES APPLICABLE TO KITCHENHOODS-BRANDED PRODUCTS ARE DESCRIBED IN KITCHENHOODS.CA GENERAL WARRANTY CLAUSES. KITCHENHOODS.CA MAKES NO EXPRESS WARRANTIES EXCEPT THOSE STATED IN THIS SECTION AND IN KITCHENHOODS.CA 'S APPLICABLE WARRANTY STATEMENT IN EFFECT ON THE DATE OF THE INVOICE AND/OR SALES RECEIPT. ANY SUCH WARRANTIES WILL BE EFFECTIVE, AND KITCHENHOODS.CA WILL BE OBLIGATED TO HONOR ANY SUCH WARRANTIES, ONLY UPON KITCHENHOODS.CA 's RECEIPT OF PAYMENT IN FULL FOR THE ITEM TO BE WARRANTED.
KITCHENHOODS.CA DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. KITCHENHOODS.CA'S RESPONSIBILITY FOR WARRANTY CLAIMS IS LIMITED TO REPLACEMENT AS SET FORTH IN Kitchenhoods.ca s APPLICABLE WARRANTY STATEMENT IN EFFECT ON THE DATE OF THE INVOICE AND/OR SALES RECEIPT.
Kitchenhoods.ca reserves the right to modify its warranty at any time, at its sole discretion.
This unit is NOT authorized for use in any commercial environment – it is only for personal home use. A licensed plumber must also install this unit, or it could result in the warranties being voided. A licensed electrician must install a dedicated circuit with wire sufficient to carry the load specified by the item. This must comply with the national electric code. If it does not your warranty relating to electrical operation will be null and void. The purchaser further agrees to indemnify and hold harmless seller and its agents and employees from any claims, actions, lawsuits, judgments or liability arising from this product. Improper or illegal use voids any and all warranty immediately and relieves seller from providing any service or warranty. Cancellation and Right to Refuse Orders. Cancellation must be made through E-mail or phone call to KitchenHoods.ca within 12 hours of placing the order. KitchenHoods.ca reserve the right to refuse orders and service under special circumstances.
KitchenHoods.ca's policy is one of on-going product update and revision. KitchenHoods.ca may discontinue to import products at any time. KitchenHoods.ca will ship products that have the functionality and performance of the products ordered, but changes between what is shipped and what is described in a specification sheet, Website or catalog are possible. The parts and assemblies used in building KitchenHoods.ca products are selected from all new parts and assemblies in accordance with industry practices. Replacement parts may be new or reconditioned.
KitchenHoods.ca DOES NOT ACCEPT LIABILITY BEYOND THE REMEDIES SET FORTH HEREIN, INCLUDING ANY LIABILITY FOR PRODUCTS NOT BEING AVAILABLE FOR USE OR WITHIN SERVICE/REPAIR PERIOD. KITCHENHOODS.CA WILL NOT BE LIABLE FOR LOST PROFITS, LOSS OF BUSINESS OR OTHER CONSEQUENTIAL, SPECIAL, INDIRECT OR PUNITIVE DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY THIRD PARTY EXCEPT AS EXPRESSLY PROVIDED HEREIN. KitchenHoods.ca does not warrant that the functions contained in any product sold will be interrupted or error-free, that defects will be corrected. KitchenHoods.ca does not warrant or make any representations regarding the use or the results of any product purchased in terms of its compatibility, correctness, accuracy, reliability, or otherwise. Buyer is responsible for checking to see that products purchased from Kitchenhoods.ca comply with local and national codes.
Kitchenhoods.ca shall not be liable for delays in delivery or misdelivery, for loss and damage or for failure to perform due to causes beyond the reasonable control of Kitchenhoods.ca These causes should include without limitation, acts of God, acts or omission of Customer, acts of civil or military authorities, fire, strikes, power, surges or outages, epidemics, flood, earthquakes, riot, war, carrier conditions or inability to obtain necessary labor, materials and supplies.
Typographic, Photographic and Technical Errors.
Kitchenhoods.ca not responsible for any typographical, photographic or technical errors. Photograph is for display purpose only and may not represent actual products. Products and packaging depicted may differ from stock available at time of shipments.
ENFORCEMENT OF TERMS AND CONDITIONS
BY ACCESSING AND USING THE KITCHENHOODS.CA WEBSITE, YOU AGREE THAT YOUR ACCESS TO AND USE OF THIS WEBSITE IS SUBJECT TO THESE TERMS AND CONDITIONS, AS WELL AS ALL APPLICABLE LAWS, AS GOVERNED AND INTERPRETED PURSUANT TO THE LAWS OF BRITISH COLUMBIA, CANADA.