Terms and Conditions
TERMS AND CONDITIONS THESE TERMS AND CONDITIONS apply to your (“Customer”) purchase of products from A TAVOLA, INC., a Virginia, USA corporation (“Company”), and are incorporated into and made a part of the sales agreement between the parties (“Agreement”). By acquiring products from Company, Customer is acknowledging Customer’s agreement to these Terms and Conditions.
PRODUCTS: Company has offered for sale one or more products (“Product(s)”). Each Product is produced by a third party manufactures. ALL SALES ARE FINAL UNLESS AS STATED BELOW WITH REGARDS TO THE RETURN OF DEFECTIVE OR DAMAGED PRODUCT(S) INCURRED DURING MANUFACTURING, PACKAGING OR SHIPPING. PRODUCT(S) MAY BE REPLACED OR EXCHANGED DURING THE WARRANTY PERIOD AS LONG EXCLUSIONS DO NOT APPLY.
COMPANY: Company is a distributor and reseller of each Product. Company is a sales organization independent of the third party manufacturer and / or supplier of each Product.
PAYMENT: Customer agrees to pay in full the Product purchase price and the applicable transaction costs (customer sales taxes, VAT fess, and shipping costs) at the time Customer places the order for the Product(s).
DELIVERY: Company will use its reasonable efforts to promptly delivery all Products within 10 to 14 days from the time of the order. However, Company makes no warranty regarding a specific delivery period. If Company fails to provide delivery within the promised delivery time (or if no specific delivery time was provided, then within a reasonable period), it is the Customer’s responsibility to notify the Company within 5 business days regarding the delay of shipment, in which case the Company will offer a 10% discount on incurred shipping costs from the USA Territory.
LIMITED WARRANTY: COMPANY WARRANTS THAT EACH PRODUCT WILL CONFORM TO REASONABLE MARKET STANDARDS AND IS FREE from DEFECTS IN MATERIAL AND WORKMANSHIP FOR A PERIOD FOR THE APPLICABLE WARRANTY PERIOD. OTHER THAN THIS WARRANTY, COMPANY MAKES NO ADDITIONAL WARRANTIES OR REPRESENTATIONS WITH RESPECT TO THE EACH PRODUCT OR ANY SUBJECT MATTER OF THIS AGREEMENT AND EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES OF ANY KIND. CUSTOMER'S USE, CONTROL AND OPERATION OF EACH PRODUCT IS "AS IS".
LIMITED WARRANTY PERIOD: The applicable Product warranty period is provided at the time of purchase. If no specific warranty period is provided for a Product, then the default warranty period is one (1) year from date Customer receives the Product.
EXCLUSIONS: Any warranty is voided where a Product is subject to abuse, misuse or improper maintenance, or where the Product was tampered with or altered, or accidentally dropped resulting in damage or breakage.
ASSUMPTION OF RISK: THE USE OF ANY PRODUCT IN AN INAPPROPRIATE MANNER OR CONTRARY TO INTENDED PRODUCT USAGE MAY CAUSE PROPERTY DAMAGE OR BODILY INJURY. BY ACQUIRING THE PRODUCT, CUSTOMER REPRESENTS AND WARRANTS THAT CUSTOMER AND ALL OTHER PARTIES USING THE PRODUCT WILL USE THE PRODUCT AS INTENDED AND CUSTOMER (AND ALL PRODUCT USERS) ASSUMES ALL RISKS OF USING EACH PRODUCT.
LIMITATION OF LIABILITY: IN NO EVENT IS COMPANY LIABLE TO CUSTOMER FOR ANY INDIRECT, SPECIAL, CONSEQUENTIAL OR INCIDENTAL, MULTIPLE, PUNITIVE OR OTHER DAMAGES RELATED TO THIS AGREEMENT (INCLUDING, WITHOUT LIMITATION, LOSS OF INCOME, LOSS OF OPPORTUNITY, LOST PROFITS, COSTS OF RECOVERY OR ANY OTHER DAMAGES), HOWEVER CAUSED AND BASED ON ANY THEORY OF LIABILITY, AND WHETHER OR NOT FOR BREACH OF CONTRACT, NEGLIGENCE, OR OTHERWISE, AND WHETHER OR NOT BY THE PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL COMPANY’S LIABILITY EXCEED THE PURCHASE AMOUNT PAID TO COMPANY BY CUSTOMER FOR THE PRODUCT.
REPAIRS, RETURNS AND REFUNDS: Customer must submit any warranty claim in writing to Company (or Company’s authorized representative) within the warranty period pursuant to Company’s repair, return or refund policy. Upon learning of a defective Product during the applicable warranty period, Company reserves the right to either replace the Product or issue a refund. Customer may not return a Product until Company has issued a Return Authorization Number, and Customer has reasonably complied with the Company’s reasonable product return procedures.
TITLE: Title to each Product shall pass from Company to Customer upon the receipt of the Product by Customer.
RISK OF LOSS: Company shall bear the risk of loss for each Product until delivery of the Product(s) to Customer(s), at which point the Risk of loss shall pass to Customer(s).