Superior Bath Terms & Conditions

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 9.75% 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. Please see our shipping polices page.

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.