The customer will be deemed to have received, inspected and accepted goods as satisfactory and complete in all respects unless written notice of any alleged damage or shortage is received by Amber & Ivory of any goods supplied within 14 days from the date of shipping. The invoice in respect of the goods or products will be included with the shipment by Amber & Ivory.
- Complaints And Cancellations
Amber & Ivory shall be given every right to examine goods subject of complaint, at Amber & Ivory's premises, or any other premises to which the goods are kept. Subject to receipt of notice, Amber & Ivory may at its option either replace, or make up or repair any goods accepted by Amber & Ivory as being incomplete or damaged or may refund the price or give credit therefore and in no event shall the liability of Amber & Ivory exceed the net invoiced value of the goods under complaint.
Delivery And Shipping
Estimated delivery dates (if any) are given in good faith but are not binding unless so confirmed in writing by Amber & Ivory's acceptance of an order and in that event time shall not be the essence of the contract, subject to there being terms whereupon a contract will come into force. Amber & Ivory shall not in any event be liable for delay or failure to make delivery of any goods due to circumstances beyond its control including but without prejudice to the generality of the foregoing, armed conflict, war, rebellion, revolution, strikes, lock-outs, break-down of plant or government or other laws regulations rules or decrees. Customer will be responsible for the full cost and receiving even if they give Amber & Ivory a bogus ship to address (like a neighbor) and say they want another because the product was not delivered or received. Foreign shipments must be prepaid in full in USA funds before shipping. The customer or dealer assumes all responsibility for merchandise shipped air mail or ground to a foreign country. Amber & Ivory will not be responsible for the inability of the foreign postal service for failure to deliver such merchandise. If goods are returned and marked undeliverable or other reasons because of customs fees, etc., the customer agrees to pay the extra shipping.
All merchandise should be checked immediately for damage upon arrival. Amber & Ivory cannot be held liable for damage or loss to a shipment by a freight carrier or from customer abuse. Claims for damaged products, suspected damages, or container shortages must be noted on the Carrier's delivery receipt. The Carrier Claims Representative should be notified immediately by the customer. When damaged goods are returned they must be in the original box and packed to prevent further damage. See Returns or Errors.
The customer and their insurance company shall indemnify Amber & Ivory from and against all liability, loss, damage, injury, cost, expenses, claims and demands arising from any cause to themselves, others or personal property, other negligence or breach of contract by Amber & Ivory. Amber & Ivory will not be responsible for damage or losses, direct or indirect, arising from any cause whatsoever, nor for damage to the equipment caused by outside influences including modifications, improper installation, and maintenance, corrosion and/or electrolysis, improper voltage supply, lighting, or careless handling, nor for labor, transportation or other charges incurred in the replacement or repair of damaged parts. Amber & Ivory assumes no responsibility for the suitability of the intended use of its products or those of other manufactures.
Our prices in any list issued by Amber & Ivory are subject to alteration at any time. Written or E-mail estimates issued by Amber & Ivory will be valid for 30 days only. Products are sold at prices in effect at the time the order is taken. Amber & Ivory reserves the right to change prices without notice when necessary. Product prices do not include taxes. The amount of any present or future sales, use, excise, or similar tax if applicable to the sale shall be paid by the buyer unless a tax exemption certificate acceptable to the tax authorities is approved.
Returns Or Errors
The customer is legally bound to take the goods comprised in the contract and a return of goods will not be accepted unless the goods are new and unused and prior authorization has been given by Amber & Ivory in writing. The amount of credit, if any that may be allowed in respect of goods cancelled or returned due to customer error (if accepted) is entirely at the discretion of Amber & Ivory. This refund will be credited to the original payment method within 3-5 business days after the return is received. Amber & Ivory will assume responsibility for their own errors. The customer shall be responsible for the packing, shipping and maintenance in respect of all goods that are returned to Amber & Ivory for any reason whatsoever. In no circumstances will Amber & Ivory be liable or under any duty whatsoever for goods which have been damaged or used after risk has passed to the customer. Risk in respect of goods shall pass upon delivery to the customer or to the carrier if the customer arranges transport. Shipping costs will not be refunded. All authorized returns must be received within 30 days.
All conditions and warranties, whether expressed or implied, and whether arising by statute, custom of the trade or at common law are excluded. Amber & Ivory shall not be liable for loss of profit, injury, damage or any consequential or special loss or damage sustained by the customer howsoever arising. The only guarantee or warranty that Amber & Ivory can give is a guarantee which it itself has from the original manufacturer or supplier of materials used in fulfilling the contract.