Credit/Payment: Buyer shall settle the full amount before shipping the order. Invoices will be provided for all transactions. It is the responsibility of the customer to review the invoice for accuracy. If any invoice is not paid when due, in addition to payment of finance charges and collection costs, Ameritech may, at its option, suspend further deliveries until the account is paid in full and seek legal action.
Returned Checks: $30.00 charge for any returned unpaid check.
Freight/Shipping: All orders are shipped from the warehouse. The method and route of shipment are at the Seller’s discretion. Risk of loss or damage to the Products shall pass from Seller to Buyer as soon as the products are packed and ready for delivery to a carrier, and title shall pass to Buyer at that time. All risk of loss or damage in transit shall be borne by the Buyer. Delay in delivery or non-delivery of the Products, in whole or part, shall not be a breach of Seller’s duty if Seller’s performance has been made impracticable:
(a) by acts of God or the public enemy, war, insurrections or riots, government priorities, fires, floods, quarantine restrictions, failure of transportation, strikes, and labor disputes causing cessation, slowdown, or interruption of work involving Seller or any material or component supplier, unavailability of product, or any other contingency beyond the control of Seller, the non-occurrence of which is hereby deemed to be a basic assumption on which the Agreement was made, or
(b) by compliance in good faith with any applicable foreign or domestic governmental regulation or order, whether or not it later proves to be valid.
Returning Product: Customer must secure a Return Materials Authorization (RMA) before making any return which will remain valid for 30 days from the date of issue. Defective Product:
(a) Return for replacement or repair only based on manufacturers’ return policies.
(b) At LG Hospitality’s discretion, any product returned with no defect found will be charged a 20% processing fee or returned to Buyer freight collect with a 20% processing fee. The remedies of Buyer set forth herein shall be exclusive and the liability of Seller arising out of or in connection with the sale of the products (whether in tort, contract, or otherwise) shall be limited to the replacement or repair of the defective product.
Concealed Damage: Upon delivery, the customer is required to inspect all Products promptly. If there is visible damage to the packaging, the buyer must note the damage at the point of delivery with the freight company and promptly notify LG Hospitality in writing The customer is required to contact us if the product is damaged but there is no damage to the box. Must be reported within 30 days of purchase. Provide the necessary images in clear copy and must be readable ( Serial tag on the box, Full front view of shipping/unit box, Full back view of shipping/unit box, Full left view of shipping/unit box, Full right view of shipping/unit box, Serial tag on the unit and Clear damage photo, including the surrounding area. Powered on if possible.)
LG Hospitality shall not be held responsible, and the buyer expressly waives and releases any claims against LG Hospitality, related to damage to a Product and/or packaging not reported within the stipulated timeframe. To process any damage claim, the returned Product must be new, unused, and in its original packaging, inclusive of all packing materials.
Taxes: The buyer is obligated to cover all applicable federal, state, and/or municipal taxes related to the acquisition and installation of the Products unless a tax exemption certificate is provided to LG Hospitality beforehand or at the time of purchase. If LG Hospitality fails to include any type of taxes on an Order due to error, omission, or miscalculation, it does not absolve the buyer of the responsibility to fulfill payment for all federal, state, and/or municipal taxes.
Additional Provisions: Additional or Different Terms – Seller shall not be bound by any printed matter appearing on forms or orders submitted by Buyer which attempts to impose upon Seller terms and conditions which are different from and/or additional to these Terms and Conditions. Any such additional and/or different terms and conditions are deemed to materially alter the Terms and Conditions and are hereby objected to and rejected by Seller. Any such additional and/or different terms and conditions submitted by the Buyer shall constitute proposals for additions to the Agreement and shall not become part of the Agreement unless an authorized representative of Seller consents in writing to such additional and/or different terms and conditions by making specific reference to the additional and/or different terms and conditions.
WARRANTY DISCLAIMER AND LIMITATION OF LIABILITY – ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, WHETHER APPEARING IN THE SELLER’S WEBSITE OR ADVERTISING MATERIALS OR ELSEWHERE STATED, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, ARE EXCLUDED. SELLER SHALL IN NO EVENT BE LIABLE FOR SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES.
Integration – This Agreement is intended by the parties as a final expression of their agreement and is also intended as a complete and inclusive statement of the terms of their agreement. This Agreement shall not be altered, modified, or changed in any manner except by an instrument in writing signed by a duly authorized representative of Seller.
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