Terms and Conditions of Sale
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE.
Acceptance is expressly limited to the following terms and conditions, and all different and additional terms proposed by Buyer are rejected unless expressly assented to by Seller in writing. Acceptance of Kingston Brass goods constitutes acceptance of Seller’s terms and conditions.
Net 30 days upon approved credit. Accounts without satisfactory credit rating will start on a prepaid basis, by check or credit card. A 1.5% service charge per month will be added to all past due balances. If additional collection effort is required, Buyer agrees to reimburse Seller for all costs of collection, including reasonable attorney’s fees. If any invoice is held in question, the balance not in question must be paid within previously mentioned terms.
Receiving an electronic order confirmation does not mean that Kingston Brass, Inc. has accepted your order, nor does it signify confirmation of our offer to sell the item(s). Kingston Brass, Inc. reserves the right at any time after receiving your order to accept or decline your order for any reason. Kingston Brass, Inc. reserves the right at any time after receiving your order, without providing prior notice to you, to provide or supply less than the quantity you ordered of any item or to cancel an order for any reason. Kingston Brass, Inc. may also require additional information or verification(s) before accepting or processing any order.
The products, prices, system requirements, and the product contents for each software title on Kingston Brass, Inc. supercede all other listings, descriptions, advertisements, or any other promotion on Search Engines and/or directories, Shopping Services, and Shopping Comparison Engines, etc. The aforementioned covers any previous advertisements, promotions, listings, etc. Kingston Brass, Inc. MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, WITH RESPECT TO THE AFOREMENTIONED SITES, LISTINGS, OR ADVERTISEMENTS, (including but not limited to, the site’s contents, information, operation, materials, and works) INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE OR USE. Kingston Brass, Inc. is not responsible for any pricing, typographical errors, or incorrect information displayed regarding price, product contents, or technical/system requirements on Search Engines and/or directories, Shopping Services, and Shopping Comparison Engines, etc. Please research your purchase carefully on Kingston Brass, Inc. before completing your order.
Please Note: Kingston Brass, Inc. does not offer price protection, due to the nature of our business, the price you pay today may be different at a later date.
All goods for Resale are sold F.O.B. Chino, California. Full standard ground freight prepaid on orders of US $1000.00 net or more. Tubs and China are included. A $15.00 charge per order fee will be applied to handle all express shipments and freight on the same day when the official purchase order is received. The $15.00 same day processing fee must be included on the of official purchase order, non computer generated purchase order or hand written purchase orders will require signature and statement clearly stated on the purchase order for the acceptance of the charges before express shipment can be processed. Purchase orders require same day processing must be submitted on or before 12:00 PM PST Monday – Friday. All Freight to be shipped prepaid and collect if overnight , 2 day air or 3 days select are requested. Shipping methods must be clearly stated on all purchase orders before the orders can be processed.
Minimum order is US$50.00 net. Order less than this will incur a $5.00 less than minimum order fee. Acceptance of this terms and condition automatically accept $5.00 minimum order fees on all purchase order submitted by the account listed above. All purchase orders must be completed with proper model number and proper pricing listed. Purchase order without proper model number and price will not be processed until correction are made. $5.00 less than minimum order fee must be clearly stated on all purchase orders as the acceptance of the minimum order charge or minimum order fee will be automatically added at the time of order entry. This terms and condition will be used as customers’ acceptance of this charge. Refusal of this less than minimum order charge will result order holding until the balance is cleared. Computer generated purchase order with complete requirement will be processed at the time of receipt. Non computer generated purchase order, signature will be required before the purchase order can be accepted. We will back order unshipped items for the maximum period of 3 months. Back orders will not be filled automatically if the waiting period has exceeded 3 months. All receipt responsibilities apply unless noticed before. A new order must be reissued for the wanted goods.
All merchandise is sold to customer for resale. Buyers assume full responsibility for all taxes or other assessments imposed by any local or federal government agencies. Customers must present an adequate resale or tax exemption certificate prior to setting up an account.
No claims due to shortage or shipping damages will be allowed unless reported within 3 DAYS after receipt of shipment by consignee and reported to freight company. Labor charges and /or damage incurred in installation, removal, repair, or replacement as well as incidental and consequential damages connected therewith are not covered in the warranty. Kingston Brass shall be held blameless in any claim of injury during installation of Kingston Brass products.
No returns will be accepted without RGA number (Return Goods Authorization). Item number, quantity to be returned and detailed reasons for return are required to obtain a RGA number. This number must appear on the outside of each returned carton for verification of receipt. ALL returned products to be shipped prepaid by customer. Return freight only to be credited if the returned item are true defective after inspection. Call Tag will only be issued if verification were provided that the error & claimed defective/damage to be our fault & error. Authorized returns, other than defective product or shipping errors, will be subject to a 25% handling and restocking charge. Authorized returns of defective material will be either replaced on a no charge basis or issued a credit memo on the basis of the price in effect when material was returned. Or at invoice price, whichever is lower. An allowance will be made for prepaid freight charges only on returns of defective merchandise. (PRE-APPROVAL REQUIRED). In 10 working days after receipt of your returned goods, credit will be issued after inspection of returned goods and found to be defective. Credit is subject to be declined or to be partial if the returned products are inspected and found with damaged products, or missing parts not match the RGA statement you had claimed on RGA request form. All return credit will be issued in the form of credit on the account to be used against customers’ next purchase. No refund check will be issued by Kingston Brass.
Prices are subject to change without notification. Acceptance of the the Kingston Brass Price List constitutes buyer’s acceptance of Kingston Brass, Inc.’s Sales Terms & Conditions.
7% drop ship charge on all orders on other than approved destinations. This only applies to customers who were not given a drop ship discount rate at the time of account setup.
Pictures shown in price lists are intended as general description only. They may not present an absolute likeness to the actual product being shipped. As updates may occur.
The laws of the State of California shall govern any sale.
Consumer Limited Warranties
Kingston Brass products are guaranteed to be free from defects in function and external finish (Living Finish will vary in color) at the time of shipment. Should any Functional defects develop within 10 years(5 years for showerheads) from the date of purchase, we will, at our discretion, repair or replace the defective part or assembly when returned freight prepaid to the address below. The warranty covers only the specific use for which each item is designed. Improper use or installation will immediately void the warranty. No other liability or obligation is assumed. Severe Water Conditions may void warranty All warranty parts to be shipped freight prepaid ground service. Customer will be responsible for all warranty part freight charges if express shipping is requested.
The entire content included in this site, including but not limited to text, graphics or code is copyrighted as a collective work under the United States and other copyright laws, and is the property of Kingston Trade. The collective work includes works that are licensed to Kingston Trade Copyright 2018, Kingston Trade. ALL RIGHTS RESERVED. Permission is granted to electronically copy and print hard copy portions of this site for the sole purpose of placing an order with Kingston Trade or purchasing Kingston Trade products. You may display and, subject to any expressly stated restrictions or limitations relating to specific material, download or print portions of the material from the different areas of the site solely for your own non-commercial use, or to place an order with Kingston Trade or to purchase Kingston Trade products. Any other use, including but not limited to the reproduction, distribution, display or transmission of the content of this site is strictly prohibited, unless authorized by Kingston Trade. You further agree not to change or delete any proprietary notices from materials downloaded from the site.
All trademarks, service marks and trade names of Kingston Trade used in the site are trademarks or registered trademarks of Kingston Trade.
This site and the materials and products on this site are provided “as is” and without warranties of any kind, whether express or implied. To the fullest extent permissible pursuant to applicable law, Kingston Trade disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchant ability and fitness for a particular purpose and non-infringement. Kingston Trade does not represent or warrant that the functions contained in the site will be uninterrupted or error-free, that the defects will be corrected, or that this site or the server that makes the site available are free of viruses or other harmful components. Kingston Trade does not make any warranties or representations regarding the use of the materials in this site in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise. Some states do not permit limitations or exclusions on warranties, so the above limitations may not apply to you.
Limitation of Liability
Kingston Trade shall not be liable for any special or consequential damages that result from the use of, or the inability to use, the materials on this site or the performance of the products, even if Kingston Trade has been advised of the possibility of such damages. Applicable law may not allow the limitation of exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you.
In the event that a Kingston Trade product is mistakenly listed at an incorrect price, Kingston Trade reserves the right to refuse or cancel any orders placed for product listed at the incorrect price. Kingston Trade reserves the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, Kingston Trade shall issue a credit to your credit card account in the amount of the incorrect price.
These terms and conditions are applicable to you upon your accessing the site and/or completing the registration or shopping process. These terms and conditions, or any part of them, may be terminated by Kingston Trade without notice at any time, for any reason. The provisions relating to Copyrights, Trademark, Disclaimer, Limitation of Liability, Indemnification and Miscellaneous, shall survive any termination.
Kingston Trade may deliver notice to you by means of e-mail, a general notice on the site, or by other reliable method to the address you have provided to Kingston Trade.
Your use of this site shall be governed in all respects by the laws of the state of California, U.S.A., without regard to choice of law provisions, and not by the 1980 U.N. Convention on contracts for the international sale of goods. You agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to this site (including but not limited to the purchase of Kingston Trade products) shall be in the state or federal courts located in Los Angeles County, California. Any cause of action or claim you may have with respect to the site (including but not limited to the purchase of Kingston Trade products) must be commenced within one (1) year after the claim or cause of action arises. Kingston Trade’s failure to insist upon or enforce strict performance of any provision of these terms and conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these terms and conditions. Kingston Trade may assign its rights and duties under this Agreement to any party at any time without notice to you.
Use of Site
Harassment in any manner or form on the site, including via e-mail, chat, or by use of obscene or abusive language, is strictly forbidden. Impersonation of others, including a Kingston Trade or other licensed employee, host, or representative, as well as other members or visitors on the site is prohibited. You may not upload to, distribute, or otherwise publish through the site any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law. You may not upload commercial content on the site or use the site to solicit others to join or become members of any other commercial online service or other organization.
Kingston Trade does not and cannot review all communications and materials posted to or created by users accessing the site, and is not in any manner responsible for the content of these communications and materials. You acknowledge that by providing you with the ability to view and distribute user-generated content on the site, Kingston Trade is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the site. However, Kingston Trade reserves the right to block or remove communications or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright, trademark or; other intellectual property right of another or (d) offensive or otherwise unacceptable to Kingston Trade in its sole discretion.
You agree to indemnify, defend, and hold harmless Kingston Trade, its officers, directors, employees, agents, licencors and suppliers (collectively the “Service Providers”) from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of these terms and conditions or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the site using your Internet account.
In an attempt to provide increased value to our visitors, Kingston Trade may link to sites operated by third parties. However, even if the third party is affiliated with Kingston Trade, Kingston Trade has no control over these linked sites, all of which have separate privacy and data collection practices, independent of Kingston Trade. These linked sites are only for your convenience and therefore you access them at your own risk. Nonetheless, Kingston Trade seeks to protect the integrity of its web site and the links placed upon it and therefore requests any feedback on not only its own site, but for sites it links to as well (including if a specific link does not work).TermsApp