Terms & Conditions of Sale

Orders offered are contingent upon the Buyer's acceptance of Seller's terms and conditions, which are incorporated by reference and found either following this document or on the web at www.vivesbygrof.com.

Your acceptance of the terms and conditions of sale set forth below shall be conclusively presumed from your acceptance of all or any part of the goods ordered unless you object in writing prior to acceptance thereof. The terms and conditions of sale set forth below constitute the entire agreement between Seller and Buyer with respect to the subject matter hereof and supersede all prior agreements, negotiations, understandings, representations and warranties, whether written, oral or otherwise, and may not be modified except in writing signed by the parties. For greater certainty, the language of any document used by the buyer for communicating its order of goods and any terms or conditions that could be implied on the basis of trade custom, business efficacy or otherwise are expressly excluded.

All proposals, negotiations, and purchase orders, if any, regarding this transaction made prior to the date hereof are merged herein.

Terms of payment:

The cash payment terms, if any, are set forth on the face of the order confirmation or invoice. Depending on the orders, The Seller requires 100% unless specified otherwise. If exists an unpaid balance, the Seller can charge interests for storage costs and in cases of not agreeing on the terms, the buyer may pay for attorney’s fees, incurred by the Seller in collecting balances not paid within terms. Payment shall be considered effected when it is available for the Seller. In the case of checks, payment shall be deemed effective when such checks have been cashed. The payment terms are fundamental to the Agreement and any breach of those terms by the Buyer terminates the Agreement.

Prices

The Seller reserves the right to change the quote for any reason upon 45 days written notification unless the Seller has given a firm quote in writing and the Buyer has given an order and released the goods for shipment within the periods specified in the quotation.

Taxes

Any taxes which Seller may be required to pay or collect, under any existing or future law, upon or concerning the sale, purchase, delivery, storage, processing, use or consumption of any of the material conveyed hereby, including taxes upon or measured by the receipts from the sale thereof, shall be for the account of the buyer, who shall promptly pay the amount thereof to the seller upon demand. Where taxes do not apply upon sale, the buyer shall provide the seller with appropriate exemption certificates.

Order Review

Buyer shall confirm that the Sales Order contains full and accurate information of the ordered Products (Product, price, quantity, payment, and delivery information). The Seller must provide assistance during the purchase process based on the information the Buyer provides. It is the Buyers responsibility to provide the Seller with accurate information. The Seller shall not be liable for any mistake arising from inaccurate or incomplete information provided by the Buyer. The Buyer should verify quantities, dimensions, site conditions, and other requirements with its installer before ordering, where necessary, and in any case, the Seller will be responsible. Orders placed after 12:00 pm will be processed the next day.

Design Changes

Seller reserves the right to make revisions without notice in the design of a product or packaging unless this right has been specifically waived in writing at the time the order is accepted. Once Sales Orders are approved, the buyer is not allowed to make modifications.

Delivery Terms

The Buyer must provide the information requested by the Seller and that is relevant to the fulfillment of the contract. Seller will arrange an appointment with the Buyer indicating a time frame for delivery. In case the Buyer does not attend to the delivery appointment, re-delivery fees must apply. The Seller charges a variable Local Freight based on weight, volume, and shipping destination if the area of delivery is outside the free-shipping area specified by the Seller. The location of delivery should be specified by the Buyer. Delivery Services will be provided on Tuesdays, Thursdays, and Fridays. Time of delivery is subject to several factors and the Seller must inform if changes in the schedule happen. The buyer agrees to sign a delivery note as proof of delivery. It is the Buyer's responsibility to inspect the products upon delivery or when picking up to ensure that they are in a satisfactory condition without any obvious damage and delivered in the quantities exhibited on the order.  

Storage Fee

After 21 days from the official invoice of products received in the Seller warehouse, The Seller may charge a storage fee of 0.044 per day per cubic feet.

Delivery of Custom Made Productos

The buyer must provide the information requested by the Seller and that is relevant to the fulfillment of the contract. The buyer undertakes to supply all the minimum requirements for the measurements of walls, columns, and spaces in general. The Seller is not responsible for imperfections and unevenness in said walls, columns or spaces in general. The Buyer must supply the necessary equipment such as elevators, scaffolding, cranes, and any other device that allows transporting the furniture to the place of installation. The Seller will perform an inspection of the materials delivered at the time of delivery to the Buyer. Once delivered, the goods will be the responsibility of the buyer. The Buyer agrees to sign a delivery note as proof of delivery. It is the Buyers responsibility to inspect the Products upon delivery or when picking up to ensure that they are in a satisfactory condition without any obvious damage and delivered in the quantities exhibited on the order.

Delay

If any order has been specified, they are approximate and the seller shall not be bound thereby, but every effort will be made to ship in accordance with them. All orders are subject to contingencies of the manufacturer and other causes beyond seller's control such as fires, strikes, storms, delays in transportation or governmental regulations.

Cancellation and Return Policy

For plumbing, handmade products, kitchen cabinets, tiles, among other products considered modified, special order, or custom, as well as those not listed in current list price books of the Seller, products may not be canceled after the sales order is made. Orders can't be canceled after the approval of the buyer. Any Special Order is non-restockable and credit memos won't be available. Seller does not make cash refunds for any reason, if for any reason exists a cancellation or a return of products, the Seller will give a Credit Memo with a restocking fee of 25% to be used in specific products that the seller will specify. Products need to be uninstalled, undamaged, and correctly allocated in their respective boxes. Tiles are non-returnable, non-refundable or exchangeable once an order is placed and approved.

Buyer's Remedies

Warranties are given to the Buyer are the ones that each supplier gives to the Seller. For details in the warranties, the Seller will send the warranties of each supplier if requested by the Buyer. Buyer covenants and agrees that it will not remove any warranty, label, warning, tag, instruction or manual from the goods and the Seller will ensure that all warranties, labels, warnings, tags, instructions, and manuals supplied with the good or by the Seller will be passed on to the ultimate user. The warranty supplied with the good is the Seller’s sole and exclusive warranty. Any implied warranties without limitation merchantability and fitness for a particular purpose are excluded from this contract and Seller disclaims all liability for special, incidental, or consequential damages.

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