Terms and Conditions of Sale

Use Restrictions
The following terms and conditions govern the sale by Superiorbath, Inc., entity named on the invoice and/or sales receipt ("Superiorbath" and/or "Superiorbath.com") that will be provided to the Customer on orders for kitchen & bath products, appliances and/or related products sold in the United States. By accepting delivery of the kitchen & bath products, appliances and/or other products described on that invoice and/or sales receipt, Customer agrees to be bound by and accepts these terms and conditions. THESE TERMS AND CONDITIONS APPLY (i) UNLESS THE CUSTOMER HAS SIGNED A SEPARATE FORMAL PURCHASE AGREEMENT WITH SUPERIORBATH, INC., IN WHICH CASE THE SEPARATE AGREEMENT SHALL GOVERN OR (ii) UNLESS OTHER SUPERIORBATH, INC.'s STANDARD TERMS APPLY TO THE TRANSACTION. These terms and conditions are subject to change without prior written notice at any time, at Superiorbath, Inc.'s sole discretion.

1. Other Documents. These terms and conditions may NOT be altered, supplemented, or amended by the use of any other document(s). Any attempt to alter, supplement or amend this document or to enter an order for product(s) which is subject to additional or altered terms and conditions will be null and void, unless otherwise agreed to in a written agreement signed by both Customer and Superiorbath, Inc.

2. Acceptance. CUSTOMER acceptance of the Goods shall constitute an affirmation by CUSTOMER that the Terms and Conditions set forth herein govern the purchase and sale of the goods. Upon receipt of products, buyer agrees to inspect and/or test the products. Such inspections and testing shall be completed promptly and in no event later than 3 calendar days after receipt of goods by customer or completion of services by Superiorbath, Inc. The products should be deemed accepted by customer unless customer provides Superiorbath, Inc. a timely written notice specifically noting any defects or discrepancies in the quality or quantity of products received. Customer is responsible for all freight charges associated with the merchandise after these 3 calendar days.

3. Governing Law/Venue. THE SALE(S) WILL BE GOVERNED BY THE LAWS OF THE STATE OF CALIFORNIA. All questions, of interpretation, performance, enforcement and the rights and remedies of the parties hereunder shall be determined in accordance with the laws of the State of California, USA. Any legal action or proceeding arising from or related to this order-on-line transaction described herein shall be governed and maintained in state and federal court in Alameda County, California. Venue and jurisdiction for all litigation will lie in Alameda County, California. Customer hereby agree and submit to such jurisdiction and venue as proper.

4. Pricing and Availability. Due to the fast-moving nature of this industry, prices, promotions and availability are subject to change without notice. Unless otherwise specified in writing, all prices are F.O.B. point of origin (Hayward, CA, USA). Prices do not include sales, use, services, excise or similar taxes.

5. Payment Terms; Orders; Quotes; Interest. Terms of payment are within Superiorbath, Inc.'s sole discretion, and unless otherwise agreed to by Superiorbath, Inc., payment must be received by Superiorbath, Inc. prior to Superiorbath, Inc 's acceptance of an order. Payment for the products will be made by cash, pre-approved check, credit card thru paypal, wire transfer, or some other pre-arranged payment method unless credit terms have been agreed to by Superiorbath, Inc. If credit terms have been agreed to by Superiorbath, Inc., invoices are due and payable within certain agreed days after the date of the invoice. Superiorbath, Inc. may invoice parts of an order separately. Orders are not binding upon Superiorbath, Inc. until accepted by Superiorbath, Inc. Any quotations given by Superiorbath, Inc. will be valid for the period stated on the quotation. Customer agrees to pay interest on all past-due sums at the highest rate allowed by law.

6. Shipping Charges and Taxes. Separate charges for shipping and handling will be shown on Superiorbath, Inc.'s invoice(s) and/or sales receipt(s). All products shipping to California will be applied a 8.75% sales tax of sales amount according to California State Tax Regulation. Unless customer provides Superiorbath, Inc. with a valid and correct tax exemption certificate applicable to the product ship-to location prior to Superiorbath, Inc.'s acceptance of the order, the customer is responsible for sales and all other taxes associated with the order, however designated, except for Superiorbath, Inc.'s franchise taxes and taxes on Superiorbath, Inc.'s net income. If applicable, a separate charge for taxes will be shown on Superiorbath, Inc.'s invoice and/or sales receipt.

7. Shipping Policies. Same day shipping is available for all orders placed before 2 PM PST, Monday through Friday. All orders placed afterwards, during weekends or holidays will ship on the next business day. Same day shipping may not be available for custom or large orders, please call for lead-time. Mail in payments or e-checks are not eligible for same day shipping. Orders will usually ship via FedEx Ground and will take approximately five to seven business days for items to arrive. Small orders and those specified will ship via USPS Priority and will take approximately two to three days to arrive. We are not responsible for any shipping delays and shipping times provided are estimates.

8. Title and Risk. Unless otherwise specified in writing in this document, shipping terms are F.O.B. origin point. Title and Risk of delay, loss or/and damage to the products shall pass to customer upon delivery to the common carrier at shipping point. Any claims resulting from products damaged in transit, shortages received or tampering must be filed with the common carrier by customer.

9. Export Restriction. Customer agrees not to directly or indirectly export any products (whether or not modified by Services), including, but not limited to parts, equipment or technical data/documentation without first obtaining the required U.S. Government export license(s). Customer should recognize and acknowledge Superiorbath, Inc. products are subject to all relevant laws and regulations governing the export of United States technology. Customer should determine whether an export license or certain declarations required by the United State Government regarding the nature of the products to be exported, their destination, or their use.

10. Warranties. Otherwise stated, there is a one-year mechanical (against manufacturers’ defects) warranty on Superiorbath products from the date of purchase. Damage caused during installation, moving (tipping over) is not a defect or warranty, therefore, will not be deemed covered under the warranty. The warranty does not cover installation or other labor charges associated with the repair, removal, reinstallation or consequential damages. The warranty does not cover product failure caused by abusive treatment, surface scratches, misuse, neglect, shipping, accidents, dirt, lime scale, and other materials, scuffs, exposure to marine areas, direct sunlight, abnormal usage, and normal wear and tear or damages due to handling or faulty installations. The warranty is non-transferable and applies only to the original end Customer and to the original installation of the product(s). The warranty is void if the product(s) has been moved from its initial installation site or if the ownership of the product(s) has changed. Superiorbath further declines all responsibility should the Customer alter or modify the products. Defective products or parts will be replaced on availability basis. Superiorbath must be notified in writing upon discovery of any defect in the product, including a detailed description of the alleged defect. The warranty does not apply to local building code compliance. Since local building codes vary considerably, the original end Consumer of the product(s) should check with a local building or plumbing contractor to ensure local code compliance prior to installation. Superiorbath does not warrant or make any representations regarding the use or the results of any product purchased in terms of its compatibility, correctness, accuracy, reliability, or otherwise.

11. Return Policies. For all faucets and glass vessel sinks, exchanges and returns can be made within fourteen (14) calendar days upon receipt of the order. For all shower massage panels and vanity sets, sales are final and no exchanges/returns will be accepted unless otherwise stated. A 15% restocking fee will be applied to all exchanges and returns. Original shipping and handling charges are not refundable. All returns must be in new condition with original packaging material. Customer is responsible for the shipping costs and insurance of all return shipments. All return shipments must be approved and inspected for any damage/missing parts before an exchange/return can be processed. No refund/credit will be issued for any damaged/lost return shipments. Customer should contact and file a claim with the shipping carrier for all damaged/lost return shipments. All damages during shipping or missing parts must be reported within five (5) calendar days from the date of delivery. In order to process services/repairs/exchanges, customer will be required to provide customer information, Superiorbath, Inc.'s invoice number and/or sales receipt number, date of purchase, proof of payment, and the nature of the problem. All services/repairs/exchanges must be approved by customer service and a RMA (Return Merchandise Authorization) number will be issued upon approval. This RMA number is valid for fifteen (15) days of issuance and will be automatically voided after the fifteenth day. All returned merchandise must be accompanied with the RMA number on the outside packing box and received by Superiorbath, Inc. before the RMA number expires. Customer agrees to be responsible for all inbound, outbound shipping and any handling charges for all services/repairs/exchanges.

12. Cancellation and Right to Refuse Orders. Cancellation must be made through E-mail, phone call or faxing written notice to Superiorbath, Inc. within 24 hours of placing the order. Superiorbath, Inc. reserve the right to refuse orders and service under special circumstances.

13. Products. Superiorbath, Inc.'s policy is one of on-going product update and revision. Superiorbath, Inc. may revise and discontinue products at any time. Superiorbath, Inc. will ship products that have the functionality and performance of the products ordered, but changes between what is shipped and what is described in a specification sheet, Website or catalog are possible. The parts and assemblies used in building Superiorbath, Inc. products are selected from all new parts and assemblies in accordance with industry practices. Replacement parts may be new or reconditioned.

14. Warranty Disclaimer and Limitation of Liability. SUPERIORBATH, INC. DOES NOT ACCEPT LIABILITY BEYOND THE REMEDIES SET FORTH HEREIN, INCLUDING ANY LIABILITY FOR PRODUCTS NOT BEING AVAILABLE FOR USE OR WITHIN SERVICE/REPAIR PERIOD. SUPERIORBATH, INC. WILL NOT BE LIABLE FOR LOST PROFITS, LOSS OF BUSINESS OR OTHER CONSEQUENTIAL, SPECIAL, INDIRECT OR PUNITIVE DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY THIRD PARTY EXCEPT AS EXPRESSLY PROVIDED HEREIN. THE LIMITED WARRANTIES APPLICABLE TO SUPERIORBATH, INC.-BRANDED PRODUCTS ARE DESCRIBED IN SUPERIORBATH, INC. GENERAL WARRANTY CLAUSES. SUPERIORBATH, INC. MAKES NO EXPRESS WARRANTIES EXCEPT THOSE STATED IN THIS SECTION ANY SUCH WARRANTIES WILL BE EFFECTIVE, AND SUPERIORBATH, INC. WILL BE OBLIGATED TO HONOR ANY SUCH WARRANTIES, ONLY UPON SUPERIORBATH, INC.'S RECEIPT OF PAYMENT IN FULL FOR THE ITEM TO BE WARRANTED. SUPERIORBATH, INC. DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. The products are intended for installation by qualified installers, contractors or plumbers, or service technicians with similar qualified background. Injury could result from installing or use of the products due to lack of appropriate plumbing or poor installation. The Customer further agrees to indemnify and hold harmless Superiorbath and its officers, employees, agents from any claims, lawsuits, judgments, or any liability arising from these products. Improper installation or use or any modifications to the products void any and all warranties immediately and relieves Superiorbath, its officers, employees and agents from any liabilities. Superiorbath, Inc. reserves the right to modify its warranty at any time, at its sole discretion.

15. Force Majeure. Superiorbath, Inc. shall not be liable for delays in delivery, for loss and damage or for failure to perform due to causes beyond the reasonable control of Superiorbath, Inc. These causes should include without limitation, acts of God, acts or omission of Customer, acts of civil or military authorities, fire, strikes, power, surges or outages, epidemics, flood, earthquakes, riot, war or inability to obtain necessary labor, materials and supplies.

16. Typographic, Photographic and Technical Errors. Superiorbath, Inc. will not responsible for any typographical, photographic or technical errors. Photograph is for display purpose only and doesn't represent actual products. Products and packaging depicted may differ from stock available at time of shipment.