All orders placed to Ivar’s Cabinet Shop Inc., including those placed on IvarsDisplay.com,are subject to the following terms and conditions:
THESE TERMS AND CONDITIONS APPLY (I) UNLESS THE CUSTOMER HAS A SIGNED, SEPARATE PURCHASE AGREEMENT WITH IVAR’S WHICH EXPLICITLY GOVERNS SUCH TERMS AND CONDITIONS; OR (II) UNLESS OTHER IVAR’S STANDARD TERMS APPLY TO THE TRANSACTION.
These terms and conditions are subject to change without prior written notice at any time, in Ivar’s’ sole discretion.
Overview. Ivar’s Cabinet Shop Inc. typically manufactures each order only after it is placed. Due to the uniqueness of many of our items, items purchased may not be returned or refunded. No warranty exists, nor is implied with the sale of our items. An item(s) that is received damaged must immediately be reported as damaged, or the delivery must be refused, otherwise the item(s) will be deemed accepted. Ivar’s is not responsible for any injury resulting from the use or misuse of our items. Post-delivery damage to our items is not the responsibility of Ivar’s. However, Ivar’s may, at its sole discretion, refurbish or replace a damaged item or part subject to a refurbishing or replacement fee at a cost to the buyer. Ivar’s reserves the right to not accept any order for any reason.
Title; Risk of Loss. Title to products passes from Ivar’s to Customer once the item leaves Ivar’s’ facility for shipment. Customer bears all risk of loss or damage that occurs during shipping.
Exchanges/Returns. Due to the uniqueness of many of our items, items purchased may not be returned or refunded. However, from time to time, Ivar’s may, in its sole discretion, exchange products or portions of a product.
Warranties. No warranty exists, nor is implied with the sale of our items. If an express warranty is explicitly provided in a signed separate Purchase Agreement with Ivar’s, then that express warranty and that express warranty only shall be honored. Ivar’s reserves the right to modify its warranty at any time, in its sole discretion.
Products. Ivar’s is constantly updating and revising its products. Ivar’s may revise and discontinue products at any time. Ivar’s 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 or catalog are possible. Spare parts may be new or reconditioned. If customer does not immediately report a product as damaged or refuse delivery, the product will be deemed accepted.
Installation/Assembly. Delivery is to curb only. Ivar’s is not responsible for installation or assembly of sold products unless otherwise agreed by a written, signed contract. Any assembly required is not the responsibility of Ivar’s. Assembly may require tools not provided by Ivar’s.
Statue of Limitations. No suit may be brought against Ivar’s for any claim arising out of any sale of products after one (1) year from the date the order was received.
Financial Terms. Ivar’s reserves the right to pursue litigation, arbitration or any other means of collection to recover any and all monetary loss due to non or late payment, including but not limited to, buyer’s entire balance, late fees, taxes and accrued interest, and any legal or recovery fees. Any payment not made to Ivar’s when due shall accrue interest at the annual rate of eighteen percent (18%), computed for the actual period of such delinquency. All payments shall be made to the office of Ivar’s in Ontario, California and payment shall not be deemed to have been made until so received by Ivar’s.
Limitation of Liability. Ivar’s Cabinet Shop Inc. shall not be liable beyond the remedies set forth herein. IVAR’S CABINET SHOP INC.SHALL NOT BE LIABLE FOR PRODUCTS NOT BEING AVAILABLE FOR USE. IVAR’S CABINET SHOP INC. SHALL 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. CUSTOMER AGREES THAT FOR ANY LIABILITY RELATED TO THE PURCHASE OF PRODUCTS OR SERVICES BUNDLED WITH THE PRODUCTS, IVAR’S IS NOT LIABLE OR RESPONSIBLE FOR ANY AMOUNT OF DAMAGES ABOVE THE AGGREGATE DOLLAR AMOUNT PAID BY CUSTOMER FOR THE PURCHASE OF PRODUCTS OR SERVICES UNDER THIS AGREEMENT.
Dispute Resolution. The parties will attempt to resolve any claim, or dispute or controversy (whether in contract, tort or otherwise) against Ivar’s, its agents, employees, successors, assigns or affiliates arising out of or relating to these terms and conditions of sale, Ivar's’ advertising, or any related purchase (a "Dispute" ) through face to face negotiation with persons fully authorized to resolve the Dispute or through mediation utilizing a mutually agreeable mediator, rather than through litigation. If the parties are unable to resolve the Dispute through negotiation or mediation within a reasonable time after written notice from one party to the other that a Dispute exists, the Dispute will be settled by binding arbitration.
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 therefrom.
Acceptance of Conditions. The buyer declares explicitly that, after having read the Ivar’s’ Sales Conditions in full, he/she accepts them unconditionally both in the general and in their detailed form. |