Tablebases.com, "Terms and Conditions"
By proceeding with your order, you acknowledge that you have read and agreed to our terms and conditions listed below.
1) Definitions
In this document the following words shall have the following meanings:
"Buyer" means the organization or person who buys Goods;
"Goods" means the articles to be supplied to the Buyer by the Seller;
"Intellectual Property Rights" means all patents, registered and unregistered designs, copyright, trade marks, know-how and all other forms of intellectual property wherever in the world enforceable;
"Seller" means Tablebases.com, 13350 West Park Ave Ste A1, Boulder Creek CA, 95006. Also referred to by name as "Tablebases.com".
2) General
These terms and conditions shall apply to sales of Goods by the Seller to the Buyer to the exclusion of all other terms and conditions referred to, offered or relied on by the Buyer whether in negotiation or at any stage in the dealings between the parties, including any standard or printed terms tendered by the Buyer, unless the Buyer specifically states in writing, separately from such terms, that it wishes such terms to apply and this has been acknowledged by the Seller in writing. Any variation to these Terms and Conditions (including any special terms and conditions agreed between the parties) shall be inapplicable unless agreed in writing by the the Seller and approved by David Brush, owner of Tablebases.com.
3) Payment & Prices
Payment for Goods shall be due on or prior to the shipment date of Goods and no discount may be taken. Payments received after the due date specified in the invoice shall bear a service charge which will accrue from the due date whether inscribed on the relevant invoice or otherwise agreed, at the maximum lawful interest rate applicable. All payments shall be made via Seller's designated and accepted payment methods as outlined in section 3.3 of these Terms and Conditions, and all payments shall be made in the same currency and for the same amounts as specified in the listed or quoted price for Goods as solicited by the Seller. The price is exclusive of VAT or any other applicable costs. Seller is required by law to collect sales tax on any orders shipped to California, Illinois, Missouri and Florida. Customers with a valid, signed tax except certificate on file complete with a valid reason for claiming exemption are not charged sales tax. The Seller may allow the Buyer to pay a deposit to reserve stock for a limited period of time (determined on a case-by-case basis). Once the limited time period ends, the Buyer may be responsible for storage charges so the Seller can continue to reserve stock.
3.1) Terms of Credit
Credit terms may be offered subject to satisfactory credit vetting of the Buyer by the Seller. The offer of credit will be at the sole discretion of the Seller, and the Seller reserves the right to refuse credit for any reason and at any time. Where credit is offered payment of the price and VAT and any other applicable costs shall be due within 30 days of the date of the invoice supplied by the Seller, unless otherwise agreed in writing. In cases where credit is not offered payment will be required before the release of goods by the Seller. If payment of the price or any part thereof is not made by the due date, the Seller shall be entitled to: require payment in advance of delivery in relation to any Goods not previously delivered; refuse to make delivery of any undelivered Goods without incurring any liability whatever to the Buyer for non-delivery or any delay in delivery.
3.2) Pricing
Prices are based on production costs for supplies, labor, deliveries, duties and services current on the order date. In the event of material increase in any such costs, Seller reserves the right to either adjust the prices for Goods accordingly, or to cancel any certain part of the sales relating to undelivered Goods any time, as well as freight, express, insurance and delivery charges, shall all be borne and paid in full by the Buyer, unless otherwise expressly stipulated. All quantity price breaks apply per individual part number only, and exceptions are to be made only with the consent of the Seller. Contact Tablebases.com via telephone or email for large quantity pricing.
3.3) Payment Methods
Tablebases.com accepts payment in the form of check, ACH, money order, or credit card (including PayPal). For customers in the United States, accepted credit cards include: MasterCard, Visa, Discover, and American Express. For international customers, credit cards are accepted on an individual, per order basis. Personal checks issued from an institution outside of the United States (Foreign Bank) will not be accepted. Business checks issued from an institution outside of the United States (Foreign Bank) are subject to approval by the Seller on a per payment basis. International wire payments are subject to approval. There is a $15 fee for international wire payments, the fee may be added to your invoice or billed after your order ships.
By proceeding with your order, you acknowledge that you have read and agreed to our terms and conditions listed below.
1) Definitions
In this document the following words shall have the following meanings:
"Buyer" means the organization or person who buys Goods;
"Goods" means the articles to be supplied to the Buyer by the Seller;
"Intellectual Property Rights" means all patents, registered and unregistered designs, copyright, trade marks, know-how and all other forms of intellectual property wherever in the world enforceable;
"Seller" means Tablebases.com, 13350 West Park Ave Ste A1, Boulder Creek CA, 95006. Also referred to by name as "Tablebases.com".
2) General
These terms and conditions shall apply to sales of Goods by the Seller to the Buyer to the exclusion of all other terms and conditions referred to, offered or relied on by the Buyer whether in negotiation or at any stage in the dealings between the parties, including any standard or printed terms tendered by the Buyer, unless the Buyer specifically states in writing, separately from such terms, that it wishes such terms to apply and this has been acknowledged by the Seller in writing. Any variation to these Terms and Conditions (including any special terms and conditions agreed between the parties) shall be inapplicable unless agreed in writing by the the Seller and approved by David Brush, owner of Tablebases.com.
3) Payment & Prices
Payment for Goods shall be due on or prior to the shipment date of Goods and no discount may be taken. Payments received after the due date specified in the invoice shall bear a service charge which will accrue from the due date whether inscribed on the relevant invoice or otherwise agreed, at the maximum lawful interest rate applicable. All payments shall be made via Seller's designated and accepted payment methods as outlined in section 3.3 of these Terms and Conditions, and all payments shall be made in the same currency and for the same amounts as specified in the listed or quoted price for Goods as solicited by the Seller. The price is exclusive of VAT or any other applicable costs. Seller is required by law to collect sales tax on any orders shipped to California, Illinois, Missouri and Florida. Customers with a valid, signed tax except certificate on file complete with a valid reason for claiming exemption are not charged sales tax. The Seller may allow the Buyer to pay a deposit to reserve stock for a limited period of time (determined on a case-by-case basis). Once the limited time period ends, the Buyer may be responsible for storage charges so the Seller can continue to reserve stock.
3.1) Terms of Credit
Credit terms may be offered subject to satisfactory credit vetting of the Buyer by the Seller. The offer of credit will be at the sole discretion of the Seller, and the Seller reserves the right to refuse credit for any reason and at any time. Where credit is offered payment of the price and VAT and any other applicable costs shall be due within 30 days of the date of the invoice supplied by the Seller, unless otherwise agreed in writing. In cases where credit is not offered payment will be required before the release of goods by the Seller. If payment of the price or any part thereof is not made by the due date, the Seller shall be entitled to: require payment in advance of delivery in relation to any Goods not previously delivered; refuse to make delivery of any undelivered Goods without incurring any liability whatever to the Buyer for non-delivery or any delay in delivery.
3.2) Pricing
Prices are based on production costs for supplies, labor, deliveries, duties and services current on the order date. In the event of material increase in any such costs, Seller reserves the right to either adjust the prices for Goods accordingly, or to cancel any certain part of the sales relating to undelivered Goods any time, as well as freight, express, insurance and delivery charges, shall all be borne and paid in full by the Buyer, unless otherwise expressly stipulated. All quantity price breaks apply per individual part number only, and exceptions are to be made only with the consent of the Seller. Contact Tablebases.com via telephone or email for large quantity pricing.
3.3) Payment Methods
Tablebases.com accepts payment in the form of check, ACH, money order, or credit card (including PayPal). For customers in the United States, accepted credit cards include: MasterCard, Visa, Discover, and American Express. For international customers, credit cards are accepted on an individual, per order basis. Personal checks issued from an institution outside of the United States (Foreign Bank) will not be accepted. Business checks issued from an institution outside of the United States (Foreign Bank) are subject to approval by the Seller on a per payment basis. International wire payments are subject to approval. There is a $15 fee for international wire payments, the fee may be added to your invoice or billed after your order ships.
3.4) Invoice
A valid email address is required for all orders. When the Seller has an email address on file for the Buyer, Buyer will receive an order confirmation by email. Upon the shipment of an order, carrier tracking information will be sent to the email address on file, when applicable. Buyer may request an email copy of order confirmations, invoices and other documents associated with the sale of Goods, subject to approval by the Seller. Buyer may request physical copies of documents by mail, though postage fees may apply.
4) Delivery
Unless otherwise agreed in writing, delivery of the Goods shall take place at the address specified by the Buyer on, or as close as possible to the date required by the Buyer. The Buyer shall make all arrangements necessary to take delivery of the Goods whenever they are tendered for delivery. If the Seller is unable to deliver the Goods because of actions or circumstances under the control of the Buyer, then the Seller shall be entitled to place the Goods in storage until such times as delivery may be effected and the Buyer shall be liable for any expense associated with such storage, including but not limited to additional freight charges, customs charges, taxes and duties. Any damages, shortages, over deliveries and duplicated orders should be reported to the Seller within 10 business days of receipt of Goods to enable replacement, refund or reprocessing. In the event that the Buyer fails to report the receipt of duplicate Goods, Buyer assumes responsibility for the cost of those goods and any other associated charges, including but not limited to freight costs.
4.1) Shipment Damage/Error
Inspect your shipment thoroughly upon delivery and report any damage or errors within 30 days of receipt of package. Replacements for damaged merchandise are at the sole discretion of the manufacturer and must be reported within 30 days in order to receive replacements. Buyer must retain the original packaging in order to receive replacement parts. Photographs of the damaged goods and their original packaging is required to receive any replacements. Damage caused after receipt of goods by the Buyer or Buyer’s representative is not covered under any warranty or agreement, and the Seller shall not be responsible for any damage Goods incur after they have been received by the Buyer or Buyer’s representative.
4.2) Risk
Risk in the Goods shall pass to the Buyer upon receipt of the goods. Where the Buyer chooses to collect the Goods itself, risk will pass when the Goods are entrusted to it or set aside for its collection, whichever happens first.
4.3) Shipping Charges
Seller does not provide for free shipping for any Goods to any location. Seller has sole discretion to select methods of shipment and shipments dates. Should the Buyer wish to procure its own means of shipment, Seller permits Buyer to pick up items at the shipment origin location at the labor and expense of the Buyer, whether by the Buyer or through the Buyer's approved third party.
4.4) Refuse Shipment
If Buyer choses to refuse shipment of Goods, they may do so. Once Goods have been refused, they are considered Returns and are subject to the Terms and Conditions listed throughout this document and specifically highlighted in the section 7 regarding the Returns Terms and Conditions. No freight charges will be refunded, and the Buyer holds sole responsibility for all associated freight charges from the Buyer’s order date, through the date of receipt of refused shipment by the Seller. If the refused Goods are received by the Seller in damaged or unsellable condition, Buyer assumes responsibility for all associated costs of replacement or repair. Seller recommends that the buyer photographs any refused shipments before the carrier takes them away.
5) Change/Cancel Order
Seller permits Buyer to modify orders at no additional charge only before orders have been packed for shipment. Once an order has been prepared for shipment, has been shipped and/or has been received by the Buyer, any additional charges incurred as a result of order changes or cancellations, including but not limited to labor costs, costs of material and extra freight charges, are the responsibility of the Buyer.
6) Warranty & Defective Merchandise
Table bases are warranted to the original purchaser for a period of 5 years from the date of delivery, under normal use, against manufacturing defects. Tablebases.com will replace or repair warranted parts or material at its option. The warranty does not apply to damage resulting from shipment, storage, alteration, improper installation or misuse of the product and failure to provide reasonable and necessary maintenance. There is no warranty for merchantabliity or fitness for any particular purpose. We will not be responsible for incidental or consequential damage due to defective or improper use of products.
6.1) Tablebases.com will warrant its chairs against manufacturing defects for a period of five years from the date of purchase to the original purchaser. This covers normal use in a foodservice or hotel application. Tablebases.com will replace the defective chair or base with a similar chair or base if the original is out of production. Chairs may be repairable and after the first year, Tablebases.com may decide to repair or refinish rather than replace, at its option. Painted surfaces are warranted against peeling, cracking or blistering. Tubing is warranted against bursting. Normal and reasonable care and maintenance is expected. What is not covered: Unreasonable use or abuse, neglect, acts of nature, including but not limited to (flood, lightning, trees falling for example) or color changes due to sun fading. Fabrics are not warranted as they are covered by their manufacturer. After one year from Buyer receipt of Goods, any freight charges associated with the replacement or repair of warranted merchandise is not covered, and it will be the responsibility of the Buyer to pay freight charges.
7) Returns Terms and Conditions
Customer satisfaction is our top priority. Contact a customer service specialist by either calling 1-800-258-2320 or e-mailing us at support@tablebases.com to obtain a Return Merchandise Authorization (RMA). Our Customer Service hours are Monday through Friday 8:00am to 5:00pm PST. Upon authorization, you will receive instructions on where to send the return merchandise. Please return by a traceable carrier such as United States Postal Service registered mail, United Parcel Service, or Federal Express to the address provided when you received your Return Merchandise Authorization. Items must be returned in "as new" condition. Custom height table bases and legs are not returnable. Custom finished items may not be returned. RAW items (items special ordered without a finish) may not be returned. Topalit table tops with the umbrella grommet pre-installed may not be returned. Individual parts may not be returned. All returns are at the sole discretion of the manufacturer. A restocking fee may apply. Return claim time limits vary widely from manufacturer to manufacturer, from as few as 5 days to a maximum of 30 days. Beyond 30 days after receipt of merchandise no returns will be considered. No shipping charges will be refunded, and Buyer assumes all responsibility for freight charges associated with returned merchandise.
7.1 )Special Orders & Non-Returnable Products
Custom height table bases are not returnable. Custom finish table bases are not returnable. If Buyer modifies or causes damage standard Goods after receipt, no return will be authorized.
8) Claims and Liability
8.1) Unless Seller shall within 30 days after delivery of the Goods, receive from Buyer written notice of any matter or thing by reason whereof it is alleged that Goods are not in accordance with the Buyer’s order, Goods delivered shall be deemed to have been supplied, delivered and accepted in all respects in full conformity with the terms and Buyer shall be entitled neither to reject the same nor raise any claim for damages or for other remedy in respect of any alleged negligence and/or breach of warranty and/or condition.
8.2) In any claim, brought subject to the conditions above, Buyer must prove to the satisfaction of Seller that it followed Seller's instructions for use, care, storage, maintenance, handling and application of the Goods.
8.3) Unless otherwise specifically restricted by mandatory applicable law, Seller's liability under any claim and in connection with any possible allegation, whether based on negligence, contract, or any other cause of action, shall be limited to either (i) the replacement of the Goods or the supply of equivalent Goods; (ii) the repair, or payment of the cost of repair, of the Goods; or (iii) credit in an amount equal to the purchase price specified in Seller's pertinent invoice, or in an amount of equivalent goods, all at Seller's sole option. Buyer acknowledges that the remedy available to him as specified herein, is in lieu of any remedies that may be otherwise available to him, now or in the future, whether in law or in equity, relating to any loss or damage, whether directly or indirectly, arising from the purchase and/or the use of Goods, including without limitation, any actual or contingent damages, loss of production, loss of profit, loss of use, loss of contracts or any other consequential or indirect loss whatsoever, whether pecuniary or non-pecuniary. Should any limitation on Seller's liability hereunder be held in effective under applicable law, then Seller's liability shall in any event be limited to the minimum amount of damages to which Seller may limit its liability, where such is greater than the purchase price as specified in Seller's pertinent invoice.
8.4) Buyer, for themself and for any other party which may claim either under or through Buyer, or independently of Buyer, including Buyer's employees, directors, officers, representatives, affiliates and personnel, shall indemnify and hold Seller harmless, from and against any claim or liability for damages for negligence including but not limited to, any claim in connection with the design, manufacture, use, care, storage, delivery, application or maintenance of any Goods sold hereunder, whether alleged to have been committed by Seller or by any other person whatsoever. Buyer's undertaking as specified in this subsection shall extend and inure to the benefit of Seller and of Seller's successors at any time, as well as to Seller's affiliates, personnel, representatives, managers, directors and officers. Nothing contained herein shall take effect to exclude or limit liability where liability may not be excluded or limited under applicable law, including, without limitation, for death, personal injury and fraudulent misrepresentations.
8.5) Any and all warranties, undertakings, guarantees or assurances provided herein by Seller, are specifically limited to Buyer herein, and not imputed by Seller, whether directly or indirectly, expressly or impliedly, to any other person or entity, including any subsequent buyer or user, bailee, licensee, assignee, employee and agent of Buyer.
9) Force Majeure
Should Seller be prevented from effecting deliveries of the Goods or any of them by reason of either an act of God (gods) or nature, insurrection, riot, war hostilities, terror attacks, warlike operations, piracy, arrests, restraints or detainments by any competent authority, strikes or combinations or lock out of workmen, fire, floods, droughts, earthquakes, permanent or temporary delay or inability to obtain labor, material or services through Seller's usual and regular sources, or any other circumstances (whether of a nature similar to those specified, or not) beyond the absolute control of the Seller, then, in each such cases, the obligation of the Seller to effect deliveries hereunder shall be suspended until after such prevention shall cease to continue. Should any deliveries under this Contract be suspended under this clause for more than 90 days - either party may withdraw from this Contract and be relived from any liability; provided however, that Buyer shall nevertheless accept delivery and pay for such Goods once the Seller is able to deliver in accordance with the period(s) of shipment named in this Contact. Seller shall not be liable for, and be relieved from, any loss or damages of any kind resulting from the causes mentioned herein above.
10) Advice
Buyer assumes all responsibility for ensuring compatibility between table top and table base, and any other applicable accessories or Goods purchased from Seller. Any provisions specified or implied by herein or elsewhere notwithstanding, any advice, recommendation, information, assistance or service provided by Seller in relation to the Goods or in respect of their use or application is given in good faith, shall be deemed accepted by the Buyer without imputation of any liability to Seller, and it shall be the responsibility of Buyer to confirm the accuracy and reliability of the same in light of the use of which Buyer makes or intends to make of the Goods. Returns due to Goods that are not suitable for the Buyer's intended use are subject to the conditions outlined in the the Returns Terms and Conditions section listed in section 7 herein.
11) Privacy
We understand your concern about privacy especially when shopping online. We want to assure you that Tablebases.com respects your privacy and treats your personal information with the highest standards of safety, security and confidentiality. Tablebases.com will not sell any of your personal information for any reason.
11.1) Security
Our Security Pledge protects you while you shop at Tablebases.com so that you never have to worry about credit card safety. We assure you that every transaction you make at Tablebases.com will be safe. Our servers use Secure Sockets Layer (SSL), an encryption technology that works with Chrome, Microsoft Internet Explorer, and Firefox browsers, so that only Tablebases.com can read a buyer's personal information, including the credit card.
12) International Shipments (Outside of the Untied States)
Non-USA buyers - Please Note: Import duties, taxes and charges are not included in the item price or shipping charges. These charges are the Buyer's responsibility. Please check with your country's customs office to determine what these additional costs will be prior to buying.
Last Updated: Aug 4, 2015 4:38:38 AM
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