Terms & Conditions of Sale
Equipment provided by Takara Belmont USA, Inc. and its affiliates are subject to the following terms and conditions:
ORDERS: All faxed, e-mailed or mailed Purchase Orders will begin being processed upon receipt. All phone orders will begin being processed in accordance with our understanding of your verbal instructions. All changes to original orders must in writing.
PAYMENT: Payment is accepted by one of the following methods: Credit Card, Automated Clearing House(ACH), or Check. A credit card charge back is treated as a breach of contract, and if not paid within 3 business days, Takara Belmont USA, Inc. will pursue all remedies under law, including attorneys’ fees, in connection with the collection of the amount owing. Customer is responsible for all fees associated with the returned check.
CUSTOM ORDERS: All special, custom, or non-standard design, laminate, vinyl, millwork, etc. goods are non-refundable.
ORDER CONFIRMATION: Written confirmation of phone or verbal orders must be clearly marked “Confirmation” to avoid duplicate manufacture and shipment. If this is not done and a duplicate shipment occurs, the customer is then responsible to accept and remit payment for merchandise. Takara Belmont USA, Inc. will not be responsible for any discrepancy between quote and sales order, which is the official document for production.
DISCLAIMER OF STANDARD TERMS: All items, conditions, or provisions which may appear as pre-printed language or otherwise be inserted within any Purchase Order, order confirmation, change order, cancellation, correspondence, memoranda, or other documents from the customer shall be of no force and effect notwithstanding the execution or delivery of such document subsequent to the date of the initial order.
ACKNOWLEDGMENTS: Every order received is acknowledged in writing (after credit approval). It is the customer’s responsibility to check acknowledgments carefully to ascertain absolute accuracy and that there is no duplication.
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 Corporate Office in Somerset, NJ.
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 rate for the ship-to address changes before the goods is delivered, the new tax rate in effect at the time of delivery will apply. No customers are eligible for tax exemptions for transactions unless proof of tax exemption is provided in writing for the ship-to address and not the bill-to address. 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.
MANUFACTURE: No manufacture of any order will begin until a fifty percent (50%) deposit is received unless terms or a financing arraignment have been approved. Signed leasing documents need to be received by the Credit & Collection Department of Takara Belmont USA, Inc prior to production. All equipment is manufactured to order. Standard delivery time is generally 8-12 weeks, unless otherwise noted.
CANCELLATIONS: Orders will be processed and manufactured according to the sales order, which is considered final and accepted if after 3 days from receipt if Takara Belmont USA, Inc. is not notify of any error or change. 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 USA, Inc. reserves the right to assess a service fee for all credit card refunds related to cancellations initiated by the customer. For all change, cancellation, or restocking fee assessment, please send email to: [email protected]. Cancellations are not permitted if any goods have been shipped. We reserve the right to cancel order if we have insufficient stock, do not deliver to your area, or one or more of the goods ordered were quoted at an incorrect price. We will process credits or refunds within 30 days of your cancellation date. We will not be obliged to offer any additional compensation for disappointment suffered.
STORAGE FEES: If the customer is unable to take delivery by the mutually agreed upon delivery date or a reasonable date thereof if none were established, Takara Belmont USA, Inc. reserves the right to begin charging up to three percent (3%) per month storage service fee commencing thirty (30) days from requested delivery date. If after ninety (90) days, the goods remain undelivered. Takara Belmont USA, Inc. reserves the right to cancel the original order with either an up to fifty percent (50%) cancellation fee, or a one hundred percent (100%) cancellation fee on all Custom Orders.
DELIVERY & INSTALLATION: Delivery and/or Installation are subject to an additional charge. In addition, all weekend, holiday, or late evening delivery requests are further subject to an additional delivery charge. Please verify ship-to address entered at time of order placement is correct. Rerouting shipment to a different address than listed originally often results in significant additional shipping costs. Storage and attempted delivery fees can also be accrued if the location is unable to accept shipment. Please note shipping and delivery quotes are for curbside delivery, unless otherwise specified. For inside delivery, please contact your local sales representative or customer service as additional charges may apply. For shipping to Alaska, Hawaii, and international locations, please call for shipping options and pricing. In the unfortunate event that your shipment is delayed, Takara Belmont USA, Inc. is not liable for any damages, monetary or otherwise, due to production delays, freight delays, re-routing or freight damages. Please keep a copy of the signed Delivery Receipt for your record. Installation does not generally include plumbing, electrical, or carpentry. The estimated delivery date is an estimate of the approximate date the product is expected to arrive and is subject to change. ALL SHIPMENTS ARE F.O.B. SHIPPING POINT, FREIGHT COLLECT, UNLESS OTHERWISE SPECIFIED.
RETURNS: No return will be accepted unless pre-paid or otherwise authorized by use of an RA number. To request a return please email Takara Belmont USA, Inc.’s Merchandise Returns Department at [email protected]. Please provide order details, such as invoice number, PO and description of items requested for return. Takara Belmont USA, Inc.’s Returns Department will reply back with a Return Authorization (RA) number if approved. No return will be accepted without an RA number. Takara Belmont USA, Inc. reserves the right to request photographs. Takara Belmont USA, Inc. is not responsible for freight charges associated with returns or upon an exchange of goods due to customer error. There is a restocking fee of up to fifty percent (50%) if returned within the first thirty (30) business days of receipt. Customer is responsible for the correct re-packing of products when returned to ensure damage does not occur during shipment. Takara Belmont USA, Inc. maintains the right to refuse returns that are damaged, used, missing units or not in its original packaging. Returns and refunds are processed on goods sold by Takara Belmont USA, Inc. All returns must be requested within 14 days of merchandise delivery, and no return will be accepted past thirty (30) business days of their receipt. Non-standard and Custom Orders are non-refundable or non-returnable. Bowls and plumbing components cannot be returned if they have been hooked up to water supply unless under warranty. Electrical components are not eligible to be returned unless under warranty.
CLAIMS: All merchandise is inspected prior to shipment. BEFORE YOU SIGN FOR YOUR DELIVERY, YOU MUST INSPECT THE SHIPMENT FOR DAMAGE AND SHORTAGES. If you believe for any reason the contents of your shipment have been damaged, please note this on your Bill of Lading. All merchandise damaged must be noted on the bill of lading delivery receipt and claim must be filed in writing with the carrier together with supporting documents. Failure to do so will be considered proof products were received without error, fault, or damage All claims for merchandise received not in accordance with acknowledgment must be made within five (5) business days of their receipt. All claims for damaged merchandise must be filed with the carrier and not Takara Belmont USA, Inc. Do not destroy packing material until shipment is inspected and the claim is settled. WHEN YOU ACCEPT SHIPMENT FROM THE FREIGHT CARRIER YOU ACKNOWLEDGE THE ARTICLE(S) WERE DELIVERED IN GOOD CONDITION AND WERE PROPERLY PACKED. MAKE SURE YOU RECEIVE THE # OF PACKAGES INDICATED ONTHE BILL OF LADING - TAKE PICTURES AND NOTE ANY DAMAGE OR SHORTAGE OF BOXESON THE BILL OF LADING. If more than fifteen (15) 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. reserves the right to request photographs or other objective evidence. 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 ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, OR CONTIGENT DAMAGES WHATSOEVER, EXPRESS, OR IMPLIED, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILTIY OR OTHER THEORY OF A LAW, ALL DAMAGES AND CLAIMS BEING SPECIFICALLY DISCLAIMED.
INVOICE TERMS: Dealer 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.
LATE FEES: Late fees are charged on balances more than thirty (30) days past due. Overdue balances will be subject to a one percent (1%) per month late fee service charge.
DESIGN FEES: All drawings and designs provided to the buyer shall remain the exclusive property of Takara Belmont USA, Inc., and may not be duplicated or distributed to third parties or used in any manner. Design fee payments must be applied towards new orders within one (1) year or shall be forfeited.
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 the seller’s legal fees and expenses of litigation, including the cost of any application to the court to recover those fees and expenses.