Terms of Sale
Please read these Terms and Conditions carefully before agreeing to be bound by the same.
If you do not agree to be bound by these Terms and Conditions, do not access or use this Website.
This Website is provided by Takara Belmont USA, Inc. By using this Website or by placing any purchase orders using this Website, you agree to abide by the terms and conditions set forth herein. Only upon acceptance of the terms and conditions contained herein will you be entitled to submit electronic orders. Any violation of these Terms and Conditions will result in termination of your account. Takara Belmont USA, Inc. makes no warranties, representations, statements or guarantees (whether express, implied in law or residual) regarding the Website.
This Website is not intended for persons under 18 years of age. By accessing the Website, you warrant and represent to the Website owner that you are legally entitled to do so and to make use of information made available via the Website.
Equipment provided by Takara Belmont USA, Inc. and its affiliates is subject to the following terms and conditions. Takara Belmont USA, Inc. reserves the right to change or alter the terms and conditions below without prior notice.
SALES POLICIES:
- Takara Belmont USA Inc. does not accept responsibility for installation or assembly of any items purchased.
- Takara Belmont USA Inc. is not responsible for maintenance of any of our products. Proper use and maintenance are the sole responsibility of the customer.
- Takara Belmont USA Inc. is not responsible nor has knowledge of individual building codes or laws. Please check with your local government offices regarding any questions that you may have. Compliance with all local, state and federal codes is the sole responsibility of the customer.
ORDERS: All online Orders will begin being processed upon receipt.
ORDER CONFIRMATION: Order confirmation is the responsibility of the buyers. Buyers can confirm the order
PRICING: The total price will include the price of the goods, freight and sales tax (in effect on the day of delivery), if applicable. Takara Belmont USA, Inc. reserves the right to change prices for goods, and does not provide price protection or refunds in the event of a price drop or promotional offering. All orders are subject to final approval by the web.
SALES & USE TAX: All transactions will include sales tax based on the ship-to address and the sales tax rate in effect at the time the transaction is completed. If the sales tax rates for the ship-to address changes before the goods are delivered, the new tax rate in effect at the time of delivery will apply. No customers are eligible for tax exemptions for transactions. If for an unforeseen reason sales tax is not included, and the customer has not provided an appropriate tax exemption certificate, the customer will be responsible to file the appropriate sales & use tax filing in the state and month of delivery.
PAYMENT: Unless otherwise specified, All purchases have to be prepaid. We accept AMEX, Visa, and MasterCard.
CANCELLATIONS: All cancellations must be received in writing within five (5) days of original order date. Any order in the process of manufacture at the time cancellation is received is subject to a cancellation fee of up to fifty percent (50%) Takara Belmont reserves the right to access a service fee of all credit card refunds related to cancellations initiated by the customer. – Orders must be cancelled within the account page or e-mail for cancellations – any other form of communication will not be accepted.
DELIVERY: Delivery are subject to an additional charge. In addition, all weekend, holiday or late evening delivery requests are further subject to an additional delivery charge. The estimated shipping date will be informed on web when buyers check out.
Delivery is only in United States.
ALL SHIPMENTS ARE F.O.B. SHIPPING POINT, FREIGHT COLLECT, UNLESS OTHERWISE SPECIFIED.
RETURNS: All returns must be approved by Takara Belmont USA Inc. before they are returned and must be accompanied by RA number. No return will be accepted without a Return Authorization number (RA) from Takara Belmont USA, Inc.’s Merchandise Returns Department. There is a restocking fee of up to fifty percent (50%) if returned within the first five (5) business days of receipt.
Returns will not be accepted for credit if not in original condition, or if merchandise has been installed or uncartoned. Used items may not be returned. Any damages to returned products are the sole responsibility of the customer and such damage claims are between the carrier and customer.
No return will be accepted on assembled or manufactured merchandise past five (5) days of their receipt.
PROPER, TIMELY AND RIGHTFUL REVOCATION – If the buyer does not properly and timely “rightfully revoke acceptance,” then “title” to the merchandise remains with the buyer, which dictates that the buyer pay for the merchandise according to invoice terms. Given the freight terms of FOB FACTORY or FOB ORIGIN, to “rightfully revoke acceptance” means the onus is solely upon the buyer to serve “notice of claims” upon the shipper and upon the freight carrier. This requires the buyer to file a formal claim with the carrier for shortages, freight damages, concealed freight damages and non-conforming merchandise. In lieu of filing a formal claim with the carrier, if the buyer timely notifies the shipper of deficiencies that were documented on the delivery receipts (7 business days), the courts have ruled that this type of notice from the buyer may be sufficient to “rightfully revoke;” however, it is still incumbent upon the buyer to also file a formal claim with the carrier. It is equally important that when the buyer places the seller on any type of notice, the seller becomes obligated to file its formal claim with the carrier.
BUYER shall be entitled to purchase TAKARA BELMONT USA, INC. equipment at the applicable discount from the suggested retail price schedule prevailing at the time an order is accepted by TAKARA BELMONT USA, INC. Terms are thirty (30) days net. Sales are F.O.B. Somerset, New Jersey, or such location in the United States that TAKARA BELMONT USA,INC. may designate, depending upon point of distribution.
CLAIMS: All merchandise is inspected prior to shipment. All claims for merchandise received not in accordance with acknowledgment must be made within three (3) business days of their receipt.
All claims for damaged merchandise must be filed with the carrier and not Takara Belmont USA, Inc.
All merchandise damaged or shortage must be noted on the bill of lading delivery receipt and claims must be filed in writing with the carrier together with all supporting documents. All concealed damage must be reported to the carrier immediately upon discovery with a request for inspection. If more than ten (10) days after delivery, reasonable evidence must be submitted to the carrier to show that damage could not have occurred after delivery. Takara Belmont USA, Inc. is not responsible for damages to product caused by service personnel such as plumbers, electricians, and carpenters.
UNDER NO CIRCUMSTANCES SHALL TAKARA BELMONT USA, INC. BE SUBJECT TO ANYCONSEQUENTIAL, INCIDENTAL, INDIRECT, OR CONTINGENT DAMAGES WHATSOEVER,EXPRESS OR IMPLIED, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHER THEORY OF A LAW, ALL DAMAGES AND CLAIMS BEING SPECIFICALLY DISCLAIMED.
INVOICE TERMS: BUYER cash discount terms are clearly indicated on acknowledgement and invoice. To earn cash discount, payment must be received based on invoice date in accordance with these terms, and remittance copy should be returned with payment. Statements are issued monthly providing account status. Takara Belmont USA, Inc.’s Credit and Collection Department must be notified immediately upon discovery of monthly statement inaccuracy or discrepancy.
LEGAL: All goods sold pursuant to this agreement shall be collateral, and Takara Belmont USA, Inc. shall retain a security interest in, and right to repossess, the goods, until the purchase price for such goods has been paid in full. If Takara Belmont USA, Inc. must sue to collect any balance on this account, the customer will be responsible for payment of all of Takara Belmont USA, Inc.'s legal fees and expenses of litigation, including the cost of any application to the court to recover those fees and expenses.