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Terms and Conditions of Sale

TERMS AND CONDITIONS OF SALE

These terms and conditions of sale, (collectively, the “Agreement”) apply to your (Your, You) purchase of products from iProKitchens Inc. (the “Company”, “IPK”, “Us”, “We”, “Our”) by phone, internet, or otherwise. By placing your order with Us you accept and are bound to the terms of this Agreement. We specifically reject any different, inconsistent, conflicting or additional terms or conditions you may provide in the course of the sale of products from Us to You. Any variation to this Agreement shall not be valid or binding upon Us unless a Vice President or higher level officer of iProKitchens Inc. expressly accepts such terms or conditions in writing.

General
All information that You provide to us or our third party payment processor must be lawful, accurate, current and complete. YOU REPRESENT AND WARRANT THAT YOU HAVE THE LEGAL RIGHT TO USE ANY CREDIT CARD(S) UTILIZED IN CONNECTION WITH ANY PURCHASE. You agree to pay all charges and applicable taxes that You incur at the prices in effect when You place Your order. Verification of Your billing or shipping information may be required prior to our acceptance of Your order. If you are a registered Member with IPK and you have been approved by IPK to purchase goods at trade-only prices, and you have attested in good faith to your purchase at wholesale for which you will collect sales tax, if due, from the final retail customer, please provide your State tax ID. You agree to indemnify IPK, should IPK be audited and you were found to have provided IPK with fraudulent information, and IPK would be able to recover any tax assessed by the State against IPK from you. Descriptions, images, specifications, pricing and availability of any products or services are subject to change without notice. We reserve the right, with or without prior notice, to limit the available quantity of or to discontinue any product or service. We also reserve the right to impose conditions on any coupon or promotional code and to refuse any order at Our sole discretion. Lead times are approximate; shipping dates are approximate; delivery dates, when given are approximate. You agree to accept delivery of materials when ready. All material should be checked for damage upon receipt. Color Correctness Disclaimer Product photography and illustrations have been reproduced as accurately as print and web technologies permit. However, due to variations in individual user’s monitor settings, calibrations, color printing settings, and lighting sources, we cannot guarantee that your cabinets will be an exact match to the colors represented on this site or on a home printer output. To ensure highest satisfaction, we suggest you view an actual sample for best color, wood grain and finish representation.

Payment
Stated prices do not include any customs duties, sales, use, value added, excise, federal, state, local or other taxes. Unless you provide Us with a valid tax exemption certificate, all such duties or taxes shall be paid by You. Terms of payments are within Our sole discretion unless otherwise agreed to by Us. All order invoices must be completely paid before any order is accepted and processed. Discounts may be offered for the use of debit or direct payment methods but this in no way obligates IPK to honor discounted prices if credit cards or reward credit cards are used for payment of discounted invoices. All discounts to Retail Pricing, including but not limited to sale prices, co-op dollars and member loyalty rewards dollars are predicated upon and strictly contingent on complete payment of your invoice within 15 calendar days of invoice creation. Any withdrawal, transaction reversal, or confiscation of payments once received by us; received being defined as funds having been credited to Our account and having been considered cleared by Our bank; will void all discounts and make the full Retail Price plus any applicable state or federal taxes immediately due in full. Any unpaid balances will accrue interest compounded at the rate of 1% per month. Partial payments will be applied first to the oldest outstanding amount due.

Liability
Neither IPK nor any of its directors, employees or other representatives will be liable for damages arising out of or in connection with the use of this site, whether or not caused in whole or in part by our negligence or by contingencies beyond our control (such as computer viruses). We are not be liable for any loss or injury resulting directly or indirectly from our Site. Neither we, our suppliers or manufacturers are responsible or liable, directly or indirectly, for any loss or damage caused by use of or reliance on or inability to use or access any of our Site, material, content, information, goods or services. Neither IPK or affiliated companies, nor any other party involved in creating, producing, or delivering this Site is liable for any direct, incidental, consequential, indirect, or punitive damages arising out of your access to, or use of, or inability to use or access, this site. This is a comprehensive limitation of liability that applies to all damages of any kind, including (without limitation) compensatory, direct, indirect or consequential damages, loss of data, income or profit, loss of or damage to property and claims of third parties. Without limiting the foregoing, all material on this site are provided to you ONLY with manufacturer supplied WARRANTIES. IPK does not warrant or offer any warranty of any kind, either expressed or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, or non-infringement. You agree to store all defective or damaged material up 90days from date of claim. IPK reserves the exclusive right to inspect and or demand the return of material claimed under the manufacturer’s warranty. Returns will be at the sole discretion of IPK and all expense’s for storage and or freight and shipping to return said material will be at your sole expense. Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you. Check your local laws for any restrictions or limitations regarding the exclusion of implied warranties.

Warped Door Policy.
If you feel that you have a warped door, IPK requires that you perform initial testing to determine the extent of the problem. Remove the door from the cabinet and remove all decorative surface knobs and hinges. Please place the door on a completely flat surface. If you observe a gap between the door and flat surface, measure the distance to determine the amount of warpage. A door must be warped at least ¼” before it can be considered for replacement (a photograph will be required). If the door is warped less than ¼”, the customer agrees to allow a complete heating and cooling cycle (summer to winter) to allow the door to reach moisture equilibrium.

Order Acceptance Policy.
We reserve the right at any time to accept or decline a Customer’s order for any reason, including lack of availability of products, failure by the Customer to satisfy payment terms, or when a product is quoted at an incorrect price due to typographical error or error in pricing information. We reserve the right to adjust or cancel quotations as required.

REPLACEMENT/ADDITIONAL PARTS
The Purchaser understands that replacement parts may need to be ordered, and that said parts can take anywhere from seven days to three weeks to receive. We will use Our best efforts to get replacement parts as soon as possible. REPLACEMENT PARTS WILL BE SHIPPED TO ORIGINAL DELIVERY ADDRESS UNLESS TOLD OTHERWISE

SPECIFICATIONS
Specifications in material, construction, and design are subject to change without notice as conditions require, or as improvements develop. While we strive to depict our products as accurately as possible, the drawings in our Specifications PDF’s, online catalogs, and in our design software are for illustrative purposes only and may not be true representations.

NATURAL PRODUCTS WAIVER
Stone and Timber products are made from natural materials that will have color, grain and shade are not recognized as defects in stone or timber. Any samples of the products exhibited to or inspected by the customer is acknowledged to be solely for the purpose of enabling a judgment and guide as to quality of the bulk before buying, and not as to constitute a sale by sample.

Products
All products are subject to availability. Actual wood stains or paint colors may vary from what you see in your computer or samples of product materials. In addition, the natural characteristics of wood lend themselves to color variation, and this is also true when finish is applied. Product information, availability, prices, and/or specifications are subject to change without notice.

Errors
We attempt to provide accurate pricing and information on the Site; however, we do not warrant that any product, service, description, photograph, pricing or other information is accurate, complete, reliable, current or error-free. In the event of an error, whether on the Site, in an order confirmation, in processing an order, delivering a product or service or otherwise, we reserve the right to correct such error and revise your order accordingly if necessary (including charging the correct price) or to cancel the order and refund any amount charged.

Measurements: The buyer is responsible for the accuracy of all measurements supplied to Us. We accept no responsibility or liability for measurement errors. The customer is responsible for the final design approval.

Return Policy

NO RETURNS on kitchen cabinets or cabinet parts and accessories. All cabinet orders are built to order and are specially manufactured for that order. We do not accept cancellation of orders after payment has been made. Returns, when available, will not be accepted without prior written authorization. In order to return an item, a Return Authorization Form must be filled out and faxed or emailed to IPK. If the return is approved by Us such approval shall be at IPK’s sole discretion. It is the customer’s responsibility to properly repackage all items to be returned and freight charges must be prepaid by the Customer. There will be a minimum 25% restocking charge. No returns will be authorized after the item(s) has been assembled or installed. Cabinets are not-returnable. Returns of product will not be authorized if the request is made by the Customer more than 30 days after receipt of the product.

Applicable Law
The validity, construction and interpretation of this Agreement, and the rights and duties of the parties hereto, will be governed by and construed in accordance with the laws of the State of New Jersey. Each party hereto agrees that all claims relating to this Agreement will be heard exclusively by a state or federal court in the State of New Jersey. Accordingly, each party hereby consents to the exclusive jurisdiction of any state or federal court in the State of New Jersey over any proceeding related to this Agreement, irrevocably waives any objection to the venue of any such court, and irrevocably waives any claim that any such proceeding in such a court has been brought in an inconvenient forum. If any provision of this Agreement is found by any court of competent jurisdiction to be unenforceable or invalid, that provision will be limited to the minimum extent necessary so that this Agreement may otherwise remain in effect.

Miscellaneous
BOTH The headings in this Agreement are for purpose of convenience only. You have not relied upon any oral representations or any additional representations other than the contents of this Agreement. Interpretation of this Agreement shall not favor one party or another by virtue of drafting or authorship. Failure or a choice not to enforce any right or privilege provided by this Agreement against You, shall not be deemed or considered or operate as a waiver of the right to enforce any right or privilege provided by this Agreement at any time in the future. All discounts are predicated on timely and complete payment compliant with these Terms. This Agreement is not assignable or transferable by You. The Federal E-Sign Act (HR-1714) on Final Digital Signature provides that electronic signatures on documents hold equivalent legal status as traditional handwritten signatures. By approving my order via email and making payment, I certify that My digital signature is the equivalent of My handwritten signature. Also, I declare that I have read and understand all of the Terms and Conditions of this Agreement and I agree to and do sign each section of these Terms with My digital signature. You acknowledge and accept that any breach of the Terms is likely to irreparably harm Us and will not be susceptible of cure by monetary damages. Consequently, if you breach any provisions the Terms we will be entitled to obtain injunctive or other equitable relief in addition to any remedies it may have at law.

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