Terms & Conditions of Sale
Prices and terms are subject to change without notice. BUYER can pay by credit card or apply for credit terms. Credit Approval: BUYER’s orders will be accepted subject to credit investigation and approval, and delivery may be withheld on accepted orders without any liability on the part of Designer Tubs, if in its opinion, the BUYER’s ability to pay for the products on these terms and conditions is in doubt. Any remittance received from or for the account of BUYER may be accepted or applied by Designer Tubs against any indebtedness owing by BUYER, without prejudice to or the discharge of the remainder of such indebtedness, regardless of any condition, provision, or notation appearing on such remittance.
Return Policy: Merchandise must be no older than thirty (30) days past the date of delivery. Return of customer cancellation or sales error will be accepted with Return Goods Authorization in new salable condition at a 20% restocking fee. Return freight charges are the customer’s responsibility. Returned product, which is damaged, used, or otherwise not in salable condition, will not be eligible for credit. Shipping and sales errors as a result of Designer Tubs may be returned for full credit. Credit will be issued upon inspection and approval of returned material.
Damaged Merchandise: If the merchandise, upon arrival, is damaged, please refuse delivery and contact Designer Tubs. Request for credit due to concealed damage must be received no later than seven (7) days from date of delivery. Requests after seven (7) days will not be eligible for return and credit will not be issued. Merchandise shipped to your store and then subsequently shipped to your customer on your truck, will not be eligible for return or credit. Defective returns are governed by the manufacturer’s product warranties.
Limitation of Liability: Designer Tub's liability for any and all claims of any kind, including negligence, for any loss or damage arising out of, connected with or resulting from Designer Tub’s performance or breach of the terms hereof shall, in the aggregate, not exceed the purchase price of the particular product.
IN NO EVENT SHALL DESIGNER TUBS BE LIABLE FOR INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES RESULTING FROM OR ARISING OUT OF PERFORMANCE OF OR FAILURE TO PERFORM ITS OBLIGATIONS HEREUNDER, WHETHER OR NOT DESIGNER TUBS HAD BEEN ADVISED OF, KNEW, OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES.
Severability: If any portion or provision of these terms applicable to any situation or circumstances is held invalid, the remainder of these terms or the remainder of such provision (as the case may be), and the application thereof to other situations or circumstances shall not be affected thereby.
Waiver: Waiver by Designer Tubs of any breach of these provisions shall not be construed as a waiver of any other breach.
Assignment: None of the BUYER’s rights under these terms shall be assigned or otherwise transferred by the BUYER to any other person, whether by operation of law or otherwise, without Designer Tub’s prior written approval.
Entirety of Agreement: These terms are intended as a complete and exclusive statement of the terms and conditions of their agreement. No other terms and conditions, whether contained in BUYER’s purchase order, shipping release or elsewhere that are inconsistent with, additional to, or different from the terms and conditions herein shall be binding upon Designer Tubs unless specifically agreed by Designer Tubs in writing.
Assent: Receipt by BUYER of acceptance of the order or receipt of the products without prompt objection to the terms and conditions herein set forth, constitutes acceptance by BUYER of these terms and conditions.
Return Policy: Merchandise must be no older than thirty (30) days past the date of delivery. Return of customer cancellation or sales error will be accepted with Return Goods Authorization in new salable condition at a 20% restocking fee. Return freight charges are the customer’s responsibility. Returned product, which is damaged, used, or otherwise not in salable condition, will not be eligible for credit. Shipping and sales errors as a result of Designer Tubs may be returned for full credit. Credit will be issued upon inspection and approval of returned material.
Damaged Merchandise: If the merchandise, upon arrival, is damaged, please refuse delivery and contact Designer Tubs. Request for credit due to concealed damage must be received no later than seven (7) days from date of delivery. Requests after seven (7) days will not be eligible for return and credit will not be issued. Merchandise shipped to your store and then subsequently shipped to your customer on your truck, will not be eligible for return or credit. Defective returns are governed by the manufacturer’s product warranties.
Limitation of Liability: Designer Tub's liability for any and all claims of any kind, including negligence, for any loss or damage arising out of, connected with or resulting from Designer Tub’s performance or breach of the terms hereof shall, in the aggregate, not exceed the purchase price of the particular product.
IN NO EVENT SHALL DESIGNER TUBS BE LIABLE FOR INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES RESULTING FROM OR ARISING OUT OF PERFORMANCE OF OR FAILURE TO PERFORM ITS OBLIGATIONS HEREUNDER, WHETHER OR NOT DESIGNER TUBS HAD BEEN ADVISED OF, KNEW, OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES.
Severability: If any portion or provision of these terms applicable to any situation or circumstances is held invalid, the remainder of these terms or the remainder of such provision (as the case may be), and the application thereof to other situations or circumstances shall not be affected thereby.
Waiver: Waiver by Designer Tubs of any breach of these provisions shall not be construed as a waiver of any other breach.
Assignment: None of the BUYER’s rights under these terms shall be assigned or otherwise transferred by the BUYER to any other person, whether by operation of law or otherwise, without Designer Tub’s prior written approval.
Entirety of Agreement: These terms are intended as a complete and exclusive statement of the terms and conditions of their agreement. No other terms and conditions, whether contained in BUYER’s purchase order, shipping release or elsewhere that are inconsistent with, additional to, or different from the terms and conditions herein shall be binding upon Designer Tubs unless specifically agreed by Designer Tubs in writing.
Assent: Receipt by BUYER of acceptance of the order or receipt of the products without prompt objection to the terms and conditions herein set forth, constitutes acceptance by BUYER of these terms and conditions.
