Terms of use
Terms and Conditions of the Sale
The following terms and conditions govern the sale by fixturemax.com, entity named on the invoice and/or sales receipt ("fixturemax.com") that will be provided to the Customer on orders for Supermarket and Restaurant Equipment and/or related products sold in the United States. By accepting delivery of the Supermarket and Restaurant Equipment and/or other products described on that invoice and/or sales receipt, Customer agrees to be bound by and accepts these terms and conditions. THESE TERMS AND CONDITIONS APPLY (i) UNLESS THE CUSTOMER HAS SIGNED A SEPARATE FORMAL PURCHASE AGREEMENT WITH FIXTUREMAX.COM, IN WHICH CASE THE SEPARATE AGREEMENT SHALL GOVERN OR (ii) UNLESS OTHER fixturemax.com's STANDARD TERMS APPLY TO THE TRANSACTION. These terms and conditions are subject to change without prior written notice at any time, at fixturemax.com's sole discretion.
LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES, SHALL THE WWW.FIXTUREMAX.COM OR ANY OF THEIR EMPLOYEES, DIRECTORS, OFFICERS, AGENTS, VENDORS OR SUPPLIERS BE LIABLE FOR ANY DIRECT OR INDIRECT LOSSES OR DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE USE OF OR INABILITY TO USE THIS WEBSITE. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL LOSSES AND DAMAGES OF ANY KIND (WHETHER GENERAL, SPECIAL, CONSEQUENTIAL, INCIDENTAL, EXEMPLARY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, LOSS OF DATA, INCOME OR PROFITS), WHETHER IN CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, EVEN IF AN AUTHORIZED REPRESENTATIVE OF ANY WWW.FIXTUREMAX.COM BUSINESS HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. IF YOU ARE DISSATISFIED WITH THIS WEBSITE OR ANY CONTENT ON THE SITE, OR WITH THESE TERMS AND CONDITIONS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THIS WEBSITE. YOU ACKNOWLEDGE, BY YOUR USE OF THIS WEBSITE, THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OF LIABILITY SET FORTH ABOVE, SO THIS LIMITATION OF LIABILITY MAY NOT APPLY TO YOU. IF ANY PART OF THIS LIMITATION ON LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN THE AGGREGATE LIABILITY OF WWW.FIXTUREMAX.COM BUSINESSES UNDER SUCH CIRCUMSTANCES FOR LIABILITIES THAT OTHERWISE WOULD HAVE BEEN LIMITED SHALL NOT EXCEED ONE HUNDRED DOLLARS ($100).
*.It is a responsibility of the customer to make sure that the goods you intend to purchase will be suitable for the purpose you have in mind.
*. Other Documents.
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 product(s) which is subject to additional or altered terms and conditions will be null and void, unless otherwise agreed to in a written agreement signed by both Customer and fixturemax.com
*. Acceptance.
CUSTOMER acceptance of the Goods shall constitute an affirmation by CUSTOMER that the Terms and Conditions set forth herein govern the purchase and sale of the goods. Upon receipt of products, buyer agrees to inspect and/or test the products. Such inspections and testing shall be completed promptly and in no event later than five (5) calendar days after receipt of goods by customer. The products should be deemed accepted by customer unless customer provides fixturemax.com a notice specifically noting any defects or discrepancies in the quality or quantity of products received. Customer is responsible for all freight charges associated with the merchandise after these five (5) calendar days. If a signature is requested DO NOT SIGN FOR YOUR ORDER UNTIL YOU HAVE PHYSICALLY INSPECTED IT.Should you not have time to inspect it, please sign the receipt as 'un-inspected' instead of your signature.
*. Governing Law/Venue.
THE SALE(S) WILL BE GOVERNED BY THE LAWS OF BC, Canada. All questions, of interpretation, performance, enforcement and the rights and remedies of the parties hereunder shall be determined in accordance with the laws of Canada. Any legal action or proceeding arising from or related to this order-on-line transaction described herein shall be governed and maintained in New westminster, BC, Canada. Venue and jurisdiction for all litigation will lie in New westminster, BC, Canada. Customer hereby agree and submit to such jurisdiction and venue as proper.
*. Pricing and Availability.
Due to fast-moving nature of our industry, prices, promotions and availability are subject to change without notice. Unless otherwise specified in writing all prices are F.O.B. point of origin . Prices do not include sales, use, services, excise or similar taxes.
*. Payment Terms; Orders; Quotes; Interest.
Terms of payment are within fixturemax.com's sole discretion, and unless otherwise agreed to by fixturemax.com, payment must be received by fixturemax.com prior to fixturemax.com's acceptance of an order. Payment for the products will be made by cash, pre-approved check, credit card thru paypal, wire transfer, or some other pre-arranged payment method unless credit terms have been agreed to by fixturemax.com If credit terms have been agreed to by fixturemax.com, invoices are due and payable within certain agreed days after the date of the invoice. fixturemax.com may invoice parts of an order separately. Orders are not binding upon fixturemax.com until accepted by fixturemax.com. Any quotations given by fixturemax.com will be valid for the period stated on the quotation. Customer agrees to pay interest on all past-due sums at the highest rate allowed by law.
*. Shipping Charges and Taxes.
Separate charges for shipping and handling will be shown on fixturemax.com's invoice(s) and/or sales receipt(s). Additional shipping and handling charges may apply to certain remote locations in United States and Canada. All products ship to BC have to apply 7% sales tax of sales amount according to BC Tax Regulation. Unless customer provides fixturemax.com with a valid and correct tax exemption certificate applicable to the product ship-to location prior to Kitchenhoods.ca's acceptance of the order, the customer is responsible for sales and all other taxes associated with the order, however designated, except for fixturemax.com's franchise taxes and taxes on fixturemax.com's net income. If applicable, a separate charge for taxes will be shown on fixturemax.com's invoice and/or sales receipt.
*. Payment Terms; Orders; Quotes; Interest.
Terms of payment are within fixturemax.com's sole discretion, and unless otherwise agreed to by fixturemax.com, payment must be received by fixturemax.com prior to fixturemax.com's acceptance of an order. Payment for the products will be made by cash, pre-approved check, credit card thru paypal, wire transfer, or some other pre-arranged payment method unless credit terms have been agreed to by fixturemax.com If credit terms have been agreed to by fixturemax.com, invoices are due and payable within certain agreed days after the date of the invoice. fixturemax.com may invoice parts of an order separately. Orders are not binding upon fixturemax.com until accepted by fixturemax.com. Any quotations given by fixturemax.com will be valid for the period stated on the quotation. Customer agrees to pay interest on all past-due sums at the highest rate allowed by law.
*. Shipping Charges and Taxes.
Separate charges for shipping and handling will be shown on FIXTUREMAX.COM's invoice(s) and/or sales receipt(s). Additional shipping and handling charges may apply to certain remote locations in United States and Canada. All products ship to BC have to apply 7% sales tax of sales amount according to BC Tax Regulation. Unless customer provides FIXTUREMAX.COM with a valid and correct tax exemption certificate applicable to the product ship-to location prior to Kitchenhoods.ca's acceptance of the order, the customer is responsible for sales and all other taxes associated with the order, however designated, except for FIXTUREMAX.COM's franchise taxes and taxes on FIXTUREMAX.COM's net income. If applicable, a separate charge for taxes will be shown on FIXTUREMAX.COM's invoice and/or sales receipt.
*. Title and Risk.
Unless otherwise specified in writing in this document, shipping terms are F.O.B. origin point. Title and Risk of delay, loss or/and damage to the products shall pass to customer upon delivery to the common carrier at shipping point. Any claims resulting from products damaged in transit, shortages received or tampering must be filed with the common carrier by customer.
*. Installation.
This unit is NOT authorized for use in any commercial environment � it is only for personal home use. A licensed plumber must also install this unit, or it could result in the warranties being voided. A licensed electrician must install a dedicated circuit with wire sufficient to carry the load specified by the item. This must comply with the national electric code. If it does not your warranty relating to electrical operation will be null and void. The purchaser further agrees to indemnify and hold harmless seller and its agents and employees from any claims, actions, lawsuits, judgments or liability arising from this product. Improper or illegal use voids any and all warranty immediately and relieves seller from providing any service or warranty.
*. Cancellation and Right to Refuse Orders.
Cancellation must be made through E-mail or phone call to FIXTUREMAX.COM within 12 hours of placing the order. FIXTUREMAX.COM reserve the right to refuse orders and service under special circumstances.
*. Products.
FIXTUREMAX.COM's policy is one of on-going product update and revision. FIXTUREMAX.COM may discontinue to import products at any time. FIXTUREMAX.COM will ship products that have the functionality and performance of the products ordered, but changes between what is shipped and what is described in a specification sheet, Website or catalog are possible. The parts and assemblies used in building FIXTUREMAX.COM products are selected from all new parts and assemblies in accordance with industry practices. Replacement parts may be new or reconditioned.
*. Warranty
FIXTUREMAX.COM DOES NOT ACCEPT LIABILITY BEYOND THE REMEDIES SET FORTH HEREIN, INCLUDING ANY LIABILITY FOR PRODUCTS NOT BEING AVAILABLE FOR USE OR WITHIN SERVICE/REPAIR PERIOD. FIXTUREMAX.COM WILL NOT BE LIABLE FOR LOST PROFITS, LOSS OF BUSINESS OR OTHER CONSEQUENTIAL, SPECIAL, INDIRECT OR PUNITIVE DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY THIRD PARTY EXCEPT AS EXPRESSLY PROVIDED HEREIN. FIXTUREMAX.COM does not warrant that the functions contained in any product sold will be interrupted or error-free, that defects will be corrected. Kitchenhoods.ca does not warrant or make any representations regarding the use or the results of any product purchased in terms of its compatibility, correctness, accuracy, reliability, or otherwise. Buyer is responsible for checking to see that products purchased from FIXTUREMAX.COM comply with local and national codes.
*. Force Majeure.
FIXTUREMAX.COM shall not be liable for delays in delivery or misdelivery, for loss and damage or for failure to perform due to causes beyond the reasonable control of FIXTUREMAX.COM These causes should include without limitation, acts of God, acts or omission of Customer, acts of civil or military authorities, fire, strikes, power, surges or outages, epidemics, flood, earthquakes, riot, war, carrier conditions or inability to obtain necessary labor, materials and supplies.
*. Typographic, Photographic and Technical Errors.
FIXTUREMAX.COM not responsible for any typographical, photographic or technical errors. Photograph is for display purpose only and may not represent actual products. Products and packaging depicted may differ from stock available at time of shipments.
*. ENFORCEMENT OF TERMS AND CONDITIONS
BY ACCESSING AND USING THE FIXTUREMAX.COM WEBSITE, YOU AGREE THAT YOUR ACCESS TO AND USE OF THIS WEBSITE IS SUBJECT TO THESE TERMS AND CONDITIONS, AS WELL AS ALL APPLICABLE LAWS, AS GOVERNED AND INTERPRETED PURSUANT TO THE LAWS OF USA.