Terms and Conditions of Sale

/Terms and Conditions of Sale
Terms and Conditions of Sale 2017-05-22T22:59:48+00:00

PLEASE READ THIS DOCUMENT CAREFULLY. IT CONTAINS VERY IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS, INCLUDING LIMITATIONS AND EXCLUSIONS THAT MIGHT APPLY TO YOU.

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These terms and conditions of sale (“Terms and Conditions”) apply to the purchase and sale of products and services. By placing an order for such products and services, you agree to be bound by and accept these Terms and Conditions. If you do not agree to these Terms and Conditions, you should not obtain products or services from Infinity Kitchen Products, Inc. These Terms and Conditions are subject to change by Infinity Kitchen Products, Inc. (referred to as “us” or “we”) without prior written notice at any time, in our sole discretion. The latest version of the Terms and Conditions will be posted on our website at www.infinitystainless.com, and you should review these Terms and Conditions prior to purchasing any product and services. You should also carefully review our Privacy Policy before placing an order for goods or services.

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1. Order Acceptance and Cancellation

All orders are subject to acceptance by Infinity Kitchen Products, Inc. Custom orders cannot be cancelled.

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2. Payment Terms and Sales Taxes

Terms of payment are within our sole discretion and, unless otherwise agreed by us in writing, total payment amount must be received by us prior to our acceptance of an order. We prefer business checks, cashier’s checks and wire transfers.

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Purchase orders from businesses may be accepted upon approval of credit and in such event shall be payable on net thirty (30) day terms or such other terms as we may approve or require.

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Payments made with credit card or charge card add a 3% service charge. For credit card or charge card transactions you represent and warrant that: (i) the information you supply to us is true, correct and complete; (ii) charges incurred by you will be honored by your credit card or charge card company; and (iii) you will pay charges incurred by you at the posted prices, including all applicable taxes, if any.

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All payments must be in United States dollars. Current billing addresses and phone information must be included with every order. You agree to pay interest on all past-due sums at the highest rate allowed by law. We retain a security interest in the products and all proceeds thereof until the full purchase price therefore (including taxes and additional charges) has been paid.

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3. Changes in Products and Pricing

All products and parts are list priced. Freight, taxes, extended warranties, etc. are at an additional cost.

We are constantly updating and revising our offerings of products and services and reserve the right to make adjustments due to changing market conditions, product discontinuation, manufacturer price changes, product improvements, errors in advertisements and other circumstances.

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All pricing for the products and services are subject to change without notice.

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4. Warranty

Infinity Kitchen Products, Inc. warrants that our new product(s) are free from defects for a period of one (1) consecutive year from the date the given product is installed or fifteen (15) months from date of factory shipment, whichever occurs first. This warranty applies to both parts and labor, except that it specifically excludes labor for products shipped outside of the Unites States. Warranty claims made in excess of twelve (12) consecutive months from the date of factory shipment, must include proof of date installed. Parts which are replaced in the field will include a ninety (90) day warranty from date of installation.

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We will warrant original owner and location that the compressor for self-contained refrigerators a total of five (5) consecutive years on parts only from the date the given product is installed or fifteen (15) months from date of factory shipment, whichever occurs first.

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Export warranty is one (1) consecutive year on parts only from the date the given product is installed or fifteen (15) months from date of factory shipment, whichever occurs first.

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We offer an optional extended warranty of two (2) consecutive years. Please contact us for pricing.

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Authorization for labor on product(s) under warranty must be approved by us and prior to the service being performed. This warranty will only be honored if we are notified of any defect within thirty (30) days of its discovery by the end user or dealer.

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Warranty repairs will be performed during our authorized service agent’s normal business hours. The user is responsible for any overtime premium associated with after-hours service. Also, we are not responsible for travel charges that exceed one hour travel time.

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All requests for technical service and support with respect to the products and services should be made by contacting us through e-mail at customerservice@infinitystainless.com or by calling our toll free number (855) 737-4688.

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Warranty is valid only on product(s) installed at its initial location. This warranty will automatically become null and void if the following occurs; the removal and or relocation of our product(s), modifying or removing the labels, alterations to original design, improper or lack of routine maintenance and cleaning, failure to provide adequate air flow to our refrigerated self-contained unit(s). In addition, we are not responsible for products and or parts damaged by unauthorized service, accidents, freight, improper chemical use, improper voltage, improper wiring, improper plumbing, improper freon, abuse, neglect or acts of God. Warranty does not apply to refrigeration systems supplied by others such as on remote units.

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For service calls; installation, normal control adjustments, general maintenance, correcting an installation error or user error and service calls that reveal the unit is functioning normally will not be covered under the warranty.

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No representative, distributor, dealer, or other third party is authorized to amend or modify this warranty.

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Warranty applies to units sold in the United States only.

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5. Return Policy

Product(s) may be returned only with Infinity Kitchen Products, Inc.’s consent (in its sole discretion). To inquire about warranty or returns call our toll free number (855) 737-4688 or e-mail our Returns Department at customerservice@infinitystainless.com. Product(s) specified as “Modified” or “Custom” are not returnable. Used or discounted product(s) may not be returned and are sold in “as is” condition.

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A Return Merchandise Authorization (RMA) number must be obtained from Infinity Kitchen Products, Inc. before shipping your product. No returns of any type will be accepted without an RMA number. For faster service, please have the following information on hand when calling for an RMA number: customer name, invoice or order number, model number, serial number and nature of the problem. All returns must be within thirty (30) days of the date that we issue the RMA. All returned products MUST be 100% complete, contain ALL original boxes and packing materials, have original UPC codes on the manufacturer boxes, and contain all manuals, blank warranty and registration cards, and other accessories and documentation provided by the manufacturer.

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You are responsible for shipping charges on returned items; we will match your shipping method on your replacement or exchange item(s). We strongly recommend that you fully insure your return shipment against loss or damage and that you use a carrier that can provide you with proof of delivery for your protection or accept the risk of loss or damage during shipment. Returned product(s) must be received within ninety (90) days of ship date.

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A restocking and handling charge of 20% will be applied to all authorized returns.

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We are not responsible for lost or damage to the product(s). Do not accept the equipment if it is damaged, notify the carrier and file a claim. For Prepay and Add shipments contact us immediately so we may file a freight claim. It is the responsibility of the receiver to inspect the equipment upon arrival for shortages or damages.

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Please notify us immediately by writing within five (5) business days of delivery in order for a claim to be honored by us. You must save the merchandise with the original packing. Failure to do so may result in losses at the customer’s expense.

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6. Shipping Policy

We only use carriers (UPS, FedEx) with Next Day, 2nd Day and Ground delivery service for items less than one hundred and fifty (150) pounds. All products which exceed hundred and fifty (150) pounds and must be crated will be shipped using an LTL or FTL carrier. Freight terms are Third Party or Collect. Prepay and Add is available upon request and approval. All shipping prices are quoted in United States dollars. No C.O.D. orders can be accepted. All products are F.O.B. factory.

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Product(s) are manufactured to order. After approved drawings orders typically ship between four (4) to six (6) weeks on standard orders and eight (8) to ten (10) weeks on custom orders.

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7. Advertising Disclaimer and Trademarks

All trademarks, registered trademarks and photographs are the sole property of Infinity Kitchen Products, Inc.

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8. Disclaimer and Limitation of Liability

Our responsibility for defects relating to the products and services are limited to the procedures described in our policy set forth below.

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ALL PRODUCTS AND SERVICES ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THE WARRANT OF NON-INFRINGEMENT. WE DO NOT ACCEPT LIABILITY BEYOND THE REMEDIES SET FORTH HEREIN, INCLUDING ANY LIABILITY FOR PRODUCTS AND SERVICES THAT ARE NOT AVAILABLE FOR USE. IN NO EVENT SHALL WE OR OUR PARENT, SUBSIDIARIES, AFFILIATED COMPANIES, OR THE AGENTS, SHAREHOLDERS, DIRECTORS, OFFICERS, OR EMPLOYEES OF INFINITY KITCHEN PRODUCTS, INC. HAVE ANY OBLIGATIONS OR LIABILITIES TO YOU OR ANY OTHER PERSON FOR LOSS OF PROFITS, FOR LOSS OF BUSINESS OR USE, INJURY TO PEOPLE OR PROPERTY, LOSS OF PERISIABLE GOODS, FOR INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, WHETHER BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, OR ANY OTHER THEORY OR FORM OF ACTION, EVEN IF WE OR OUR AFFILIATES HAVE BEEN ADVISED OF THE POSSIBILITY THEREOF, ARISING OUT OR IN CONNECTION WITH THE SALE, DELIVERY, USE, REPAIR OR PERFORMANCE OF THE PRODUCTS. EMPLOYEES OR REPRESENTATIVES ARE NOT AUTHORIZED TO MODIFY THIS LIMITATION. OUR SOLE AND ENTIRE MAXIMUM LIABILITY (AND THE LIABILITY OF ANY OF THE PROVIDERS OF PRODUCTS AND SERVICES), FOR ANY REASON, AND YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY CAUSE WHATSOEVER, SHALL BE LIMITED TO THE ACTUAL AMOUNT PAID BY YOU FOR THE PRODUCTS AND SERVICES YOU HAVE ORDERED FROM US.

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SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES AND THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN DAMAGES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO THE EXTENT SUCH JURISDICTION’S LAW IS APPLICABLE TO YOUR PURCHASE OF PRODUCTS AND SERVICES.

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9. Force Majeure (ie. Unavoidable Delays)

In addition to any excuse provided by applicable law, we shall be excused from liability for non-delivery or delay in delivery of products and services arising from any event beyond our reasonable control, whether or not foreseeable by either party, including but not limited to, labor disturbance, war, fire, accident, adverse weather, inability to secure transportation, governmental act or regulation, and other causes or events beyond our reasonable control, whether or not similar to those which are enumerated above.

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10. Entire Agreement and Other Documents

These Terms and Conditions constitute the entire agreement and understanding between us concerning the subject matter hereof and supersedes all prior agreements and understandings of the parties with respect thereto. 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 products or services which are subject to additional or altered terms and conditions shall be null and void, unless otherwise agreed to in a written agreement signed by you and us. To the extent that anything in or associated with us in writing, on our website or catalog is in conflict or inconsistent with these Terms and Conditions, these Terms and Conditions shall take precedence.

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11. Governing Law and Statute of Limitations

By purchasing our products you agree that the statutes and laws of the State of California, without regard to the conflicts of laws principles thereof, will apply to all matters relating to the purchase of products and services. Each of us agrees and hereby submits to the exclusive personal jurisdiction and venue of the Superior Court of Los Angeles County and the United States District Court for the Central District of California with respect to such matters.

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Any cause of action brought by you against us or our Affiliates must be instituted within one (1) year after the cause of action arises or be deemed forever waived and barred.

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We make no representation that the products and services available through our website or catalog are appropriate or available for use in locations outside of the United States, and accessing them from territories where such products and services are illegal is prohibited. Those who choose to access our website or use our catalog from other locations do at their own initiative and are responsible for compliance with local laws.

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In its quest to constantly improve, Infinity Kitchen Products, Inc. reserves the right to change this policy without notice.

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Revised: 11/11/14