When purchasing from SplashWorks, these additional Terms & Conditions of Agreement are between Purchaser and SplashWorks:
Purchaser agrees to the following additional terms and conditions:
1. All sales are final. All cancellations and returns of stock items which SplashWorks, in its sole and absolute discretion agrees to accept, whether for credit or refund, are subject to (a) SplashWorks restocking charge of up to 25% of the sales price of the items(s) and all restocking fee(s) up to 50%, if any, charged by the manufacturer. All items being returned (unless defective) must be returned exactly as given (i.e. original box & packaging, resalable condition, not installed, no ripped, torn, or cut open boxes, no writing all over boxes, no duct or painters tape holding boxes back together, etc.)
2. Special order items, from the time that SplashWorks accepts the order, are non-cancelable and may not be returned or cancelled unless consented by the manufacturer. Special order items include: any furniture piece, countertops, medicine cabinets, custom made kitchen sinks, hardware, bathtubs, whirlpools, air-baths, freestanding baths, and any faucet in a specialty finish other than polished chrome, brushed/satin nickel, or polished nickel.
3. Defectively manufactured material, , if returned to SplashWorks with the original invoice and original packaging within (30) days of the initial date of pickup or delivery, may be exchanged for a non-defective equivalent, if available, or for creditor refund if, in SplashWorks's sole discretion, replacement thereof is too costly, too time consuming, too difficult or impossible. SplashWorks reserves the right to refuse returns of defectively manufactured material which are returned more than (30) days from the initial date of pickup or delivery.
4. Full payment for ALL merchandise and all related taxes and delivery charges, if any, must be made at the time of pickup or delivery unless prior written arrangements are made with SplashWorks.
5. All amounts which remain unpaid on the thirtieth (30) day following the intitial date of pickup or delivery shall be subject to a late payment charge of 1.5% per month (18% per year). Checks which purchaser gives to SplashWorks which are dishonored by reason of non-sufficient funds are subject to the following service charges: (a) the first check: $50.00; (b) each subsequent check: $75.00, and all such dishonored checks are subject to enforcement pursuant to California Civil Code 1719.
6. SplashWorks is not responsible for: (a) building and/or plumbing code compliance and/or restrictions: (b) any labor charges: (c) any costs associated with the installation of, removal of, replacement of, or damages caused by defective or incorrect material delivered and/or installed; or (d) tarnishing or discoloring of brass, copper, silver, or living finishes.
7. Other than manufacturer's warranty which may exist, SplashWorks makes no warranty, express, or implied including, without limitation, any warranty of merchantability and/or warranty of fitness for intended use and, to the fullest extend permitted by law, disclaims all such warranties. To the fullest extent permitted by law, Purchaser hereby waives all warranties other than those extended by manufacturers.
8. This Agreement represents the entire sole and only agreement between purchaser and SplashWorks respecting the subject matter hereof. This Agreement correctly and completely restates the common intent of the Parties. Any other agreement, representation, or undertaking of any Party, or the agent, servant, or employee of any Party, whether written or oral, existing prior to or at the time of the execution of this Agreement which concerns the subject matter of the Agreement is void and of no effect.
9. In any suit, action, or proceeding (1) to enforce and/or defend this Agreement or any modification hereof; (2) to interpret this Agreement or any modification hereof; and/or arising out of or having its roots in this Agreement or any modification hereof; the prevailing Party shall be entitled to recover from the non-prevailing Party(ies) reasonable attorneys' fees, cost of suit, and any other relief granted by the Court, whether or not any judgement is entered, including fees and costs incurred in any related appeal, writ proceeding, bankruptcy proceeding and/or the enforcement and/or collections of any judgement entered. The provisions allowing for the recovery of post-judgement attorneys' fees and costs are separate and several and shall survive the merger of this Agreement into any judgement.