Terms of Sale

Last updated: January 20, 2022

These Terms and Conditions of Sale establish the rights, obligations, and remedies of Creative Kitchen & Bath and its affiliates, (“Seller”) and the customer, person or entity (“Buyer”) purchasing goods or services, and apply to all transactions between Seller and Buyer unless otherwise specifically agreed to in writing by both parties. All prior oral or written agreements, including but not limited to terms in Buyer's purchase order, which are different from or in addition to these Terms and Conditions of Sale are not binding on Seller unless accepted in writing by Seller's duly authorized representative. Creative Kitchen & Bath's agreement to sell to Buyer is expressly limited to, and expressly made conditional upon Buyer's acceptance of these terms.

Shipment & Delivery

Unless otherwise expressly provided, all shipments are made F.O.B. point of shipment. Risk of loss or damage and responsibility shall pass from Seller to Buyer upon delivery to and receipt by a carrier. Any claims for shortages or damages suffered in transit are the sole responsibility of Buyer and shall be submitted by Buyer directly to the carrier. Shortages or damages must be acknowledged and signed for at the time of delivery. While Creative Kitchen & Bath will use all reasonable commercial efforts to maintain the delivery date(s) acknowledged or quoted by Creative Kitchen & Bath, all shipping dates are approximate and not guaranteed. Creative Kitchen & Bath reserves the right to make partial shipments and to place certain orders on backorder. Creative Kitchen & Bath, at its option, shall not be bound to tender delivery of any Goods for which Buyer has not provided shipping instructions. All claims for shipping errors, lost shipments or any other discrepancies (other than shortages or damages which must be acknowledged and signed for at the time of delivery) must be made within ten (10) days after delivery to the carrier or they will be disallowed and deemed waived.

Price

All prices are subject to change unless otherwise noted on Seller's quotation. Buyer will be invoiced at prices in effect at the time of shipment. All taxes, transportation costs, duties and other charges are in addition to quoted prices. The amount of any sales, excise or other taxes, if any, applicable to the goods shall be added to the purchase price and shall be paid by Buyer unless Buyer provides Seller with a valid tax exemption certificate. Unless expressly stated otherwise in a price quote or Seller invoice, all prices are F.O.B. Seller's premises and subject to the terms and conditions of the manufacturer at the time of shipment. All prices are those in effect at time of shipment and are subject to change without notice.

Payment

Unless otherwise specified by Creative Kitchen & Bath, terms are net thirty (30) days from the date of Seller's invoice in U.S. currency. Payment terms shall be as set forth in Seller's price quote or invoice. Buyer agrees to pay all invoices when due. A finance charge of 2% per month will be assessed on any past due balance. Seller reserves the right to withdraw Buyer's credit privileges and require advance payment or any collection costs, including attorneys' fees and other litigation costs, relating to the collection of past due amounts. Buyer grants Seller a purchase money security interest in the products until such time as Seller is fully paid. Buyer will assist Seller in taking necessary action to perfect and protect Seller's security interest. No products shall become a fixture by reason of being attached to real estate. Seller rejects any terms proposed by Buyer that would hold back any portion of the purchase price until a date later than due on the invoice. Buyer shall not be entitled to set-off any amounts due Buyer against any amount due Seller with transaction.

Cancellation

Buyer may not cancel, change or modify an order without the written consent of Seller and payment by Buyer of all applicable cancellation or re-stocking fees. Orders for customized or otherwise non-standard products are non-cancellable and non-returnable; in the event Buyer attempts to cancel such an order even prior to shipment, said order will be subject to full or partial invoicing even if manufacture is not complete. Creative Kitchen & Bath determination of such termination charges shall be conclusive.

Warranties & Returns

Buyer's sole and exclusive warranty, if any, is that provided by the manufacturer of the product. These warranties shall be void if there has been misuse, accident, modifications, unsuitable physical or operating environment, improper maintenance, storage or installation of the goods. Seller disclaims all other express or implied warranties, including but not limited to implied warranties of merchantability and/or fitness for use or a particular purpose even if known by Seller. Creative Kitchen & Bath makes no representation, warranty, or promise that the products or services will conform to any applicable laws, ordinances, regulations, codes or standards, including but not limited to low-lead or lead-free laws or regulations, except as specified and agreed to in writing by an authorized representative of Creative Kitchen & Bath. Except in the event of damage caused by Seller's negligence, under no circumstances shall Seller be liable for any special, indirect, incidental, liquidated or consequential damages claimed by Buyer or any third party related to a breach of warranty or any other non-conformity of the goods or services.

Products may be returned only with Seller's prior consent. Request for permission to return products must be accompanied by proof of purchase. All products to be returned must be in new and resalable condition, subject inspection and verification by Seller and/or the manufacturer. Creative Kitchen & Bath may impose restrictions on returns in its discretion, including without limitation imposing a time limit for returns, and accepting returns only on goods that Creative Kitchen & Bath regularly stocks. Non-stock products including non-standard and or special orders, shipped or held for future delivery may be returned if, and only if, the manufacturer issues a return authorization. Any material returned may be subject to restocking/handling and freight charges.

Limitation of Liability

To the greatest extent permitted by law, under no circumstances and in no event will Creative Kitchen & Bath be liable for personal injury or property damage or any other loss, damage, cost of cover, cost of repairs or incidental, punitive, special or consequential damages of any kind, whether based upon warranty, contract, strict liability, negligence or any other cause of action arising in connection with the design, manufacture, sale, transportation, installation, use or repair of the products sold by Seller. Buyer hereby acknowledges and agrees that under no circumstances, and in no event, shall Seller's liability, if any, exceed the net sales price of the defective product(s); no additional allowance shall be made for the labor or expense of repairing or replacement. Seller makes no promise or representation that the products will conform to any federal, state or local laws, ordinances, regulations, codes or standards, except as particularly specified and agreed upon in writing by Seller. Except as expressly set forth in this paragraph, all products and or services provided by Creative Kitchen & Bath and its employees and agents are provided as is, where is, and with all faults.

Examination & Acceptance

Buyer hereby agrees to examine and test each shipment of goods promptly on arrival, before any part of the goods (except for reasonable test quantities) has been changed from its original condition and in no event later than seven (7) days from delivery of the goods to Buyer. Creative Kitchen & Bath will not recognize any claims for any cause after the goods have been treated, processed, or changed in any manner (except for reasonable test quantities). It is Buyer's responsibility to determine whether the goods are suitable for its contemplated use, whether or not such use is known to Creative Kitchen & Bath. Buyer hereby agrees that such seven (7) day period is a reasonable amount of time for such inspection. Buyer shall deliver to Creative Kitchen & Bath within ten (10) days from the date of delivery of the goods written notice of any deficiencies, defects, variations from specifications, or complaints of any kind with respect to the quantity, quality, condition, shipment, performance, price, or appearance of the goods delivered by Buyer. If Creative Kitchen & Bath does not receive such notice within ten (10) days from the date of delivery of the goods, Buyer shall be deemed conclusively to have inspected and accepted all such goods unconditionally and to have waived any rights and claims, including without limitation any right to reject the goods or to claim damages in respect thereof. Buyer may not return goods without first advising Creative Kitchen & Bath of the reasons therefor and observing such instructions as Creative Kitchen & Bath may give in authorizing such return.

Indemnification

Creative Kitchen & Bath makes no covenant, warranty or representation that goods will conform to any federal, state or local laws, ordinances, regulations, codes or standards. Creative Kitchen & Bath shall not be responsible for any losses or damages sustained by any party as a result of improper installation, use or storage of goods. Buyer shall defend, indemnify and hold harmless Creative Kitchen & Bath and its directors, officers, employees, shareholders, subsidiaries, affiliates and agents against any loss, damage, claim, suit, liability, judgment or expense (including, without limitation, attorney's fees) arising out of or in connection with any injury to, damage to, death to or loss of any persons or property, or violation of any applicable laws or regulations resulting from or in connection with the sale, transportation, installation, use, or repair of goods by Buyer.

Severability

If any provision contained in these Terms and Conditions of Sale is held to be unenforceable then such provision will be given effect in such reduced form as may be decided by a court of competent jurisdiction, provided that, if any provision should be declared unenforceable or invalid for any reason, such unenforceable or invalid provision will be severed from the remainder of these Terms and Conditions of Sale without affecting the enforceability or validity of the remaining provisions.

Non-Waiver

The failure of either Seller or Buyer to insist upon the strict performance of any of these Terms and Conditions of Sale will not be deemed to be a waiver of any of the right or remedies of Seller or Buyer, nor of its right to insist upon strict performance of such term or of any other term in the future. No waiver of any of these Terms and Conditions of Sale will be valid unless in writing signed by a duly authorized representative of the waiving party.

Governing Law

These Terms and Conditions of Sale and any related transaction between Seller and Buyer shall be construed and interpreted according to the laws of the Commonwealth of Kentucky and the Uniform Commercial Code, as adopted by Kentucky, without regard to conflict of laws principles. These Terms and Conditions of Sale supersede all other communications, negotiations and prior oral or written statements regarding the subject matter of these Terms and Conditions of Sale. No change, modification, rescission, discharge, abandonment, or waiver of these Terms and Conditions of Sale shall be binding upon Creative Kitchen & Bath unless made in writing and signed on its behalf by its duly authorized representative. No conditions, usage or trade, course of dealing or performance, understanding, or agreement purporting to modify, vary, explain, or supplement these Terms and Conditions of Sale shall be binding unless hereafter made in writing and signed by Creative Kitchen & Bath. All typographical or clerical errors made by Creative Kitchen & Bath in any quotation, acknowledgment or publication are subject to correction. These Terms and Conditions of Sale shall not be construed against the party preparing them, but shall be construed as if all parties jointly prepared these terms and any uncertainty or ambiguity shall not be interpreted against any one party.

Your continued use of this site constitutes acceptance of these Terms and Conditions of Sale.

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