Superior Bath Terms & Conditions
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.
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,
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.
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.
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.
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.
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.
Shipping Policies. Please see our
shipping polices page.
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.
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.
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.
Please see our
exchanges and returns policy page.
Cancellation and Right to Refuse Orders.
Cancellation must be made through E-mail,
phone call or faxing a 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.
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
Warranty Disclaimer and Limitation of
LiabilitySUPERIORBATH, 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.
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.
Typographic, Photographic and Technical
Errors. Superiorbath, Inc. will not responsible for
any typographical, photographic or technical
errors. Prices and availability of products and services are subject to change without notice. Errors will be corrected where discovered, and Superiorbath reserves the right to revoke any stated offer and to correct any errors, inaccuracies or omissions including after an order has been submitted and whether or not the order has been confirmed and your credit card charged. 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.