All sales made by Seller (Excel Plumbing Supply & Showroom) are subject of these Terms: Prices in quotations are subject to change without notice, and do not include tax. Quotations expire if not accepted within 7 days from issue date. Seller shall not be liable for delay/default in delivery, and all quotations/agreements are contingent upon any cause beyond Seller’s control. Seller is not a licensed contractor and is not responsible for the interpretation of any building codes or for providing advice on code compliance and installation of any product sold. Goods sold by seller are guaranteed only to the extent guaranteed by the manufacturer of such goods. Seller is not liable for any damages arising from the sale, handling, installation, or use of the goods sold or from the breach of this document. Any claims of defective goods must be made within 48 hours of receipt. Seller must inspect allegedly defective goods. Failure to return such goods to seller following seller’s request constitutes a waiver of all claims.
Disclaimer: Seller makes no representations with respect to (i) products sold, their use, design, application, merchantability, physical condition or fitness for a particular purpose, (ii) maintenance/other expenses incurred in connection with the products, (iii) the engineering, or any other work/service supplied by Seller or (iv) the reliability of any documents furnished to Buyer. Buyer shall obtain any permits required for the purchase, installation, and/or use of the products, and is responsible for products’ choice, use, style, size, and finishes. Seller makes no representation the products/Services will conform to applicable laws, except as specified in writing. Seller assumes no responsibility for its interpretation of plans/specifications provided by Purchaser.
Returns and Exchanges: All return items must be unused/uninstalled, in original packaging with no markings on carton and in resaleable condition. A 10% restocking charge will apply where stock items are returned for refund/exchange, and such return must be made within 14 days of pick up. All special ordered non-stock items are subject to manufacturer’s return policies, including allowable time period for returns, are subject to at least a 25% restocking fee plus freight charge. Items such as mirrors, cabinets, bathtubs, Neorest toilets or Washlets are NON-RETURNABLE.
Payment: Orders under $1500.00 must be paid in full at the time of order, while orders over $1500.00 require a 50% deposit. Balance must be paid within two weeks after order completion. Unclaimed items will be returned to manufacturer after 60 days and the deposit will go towards returning of such items. For commercial accounts, unless otherwise stated, payment terms are 10th prox. Payment is due in the form of cash, check, or money order. Seller may apply Purchaser’s payment against any open charges. Purchaser will pay Seller on past due accounts a rate of 1.5% per month, and all costs of legal action in any administrative proceedings (in the United States District Court for the Northern District of California) brought as a result of the commercial relationship between them. If Purchaser fails to comply with these Terms and Conditions, Seller may terminate or restrict any order upon notice to Purchaser. Purchaser certifies that is solvent and agrees to notify Seller of any changes in ownership within five days of such changes. BOTH PARTIES AGREE THAT THERE ARE NO THIRD PARTY BENEFICIARIES TO THIS DOCUMENT.
Force Majeure: Seller shall not be liable for any delay in, or impairment of, performance resulting in whole or in part from any force majeure event, including but not limited to acts of God, labor disruptions, acts of war, acts of terrorism (whether actual or threatened), governmental decrees or controls, insurrections, epidemics, quarantines, shortages, communication or power failures, fires, accidents, explosions, inability to procure or ship product or obtain permits and licenses, inability to procure supplies or raw materials, severe weather conditions, catastrophic events, or any other circumstance or cause beyond the reasonable control of Seller in the conduct of its business.