Terms
Abandonment & Collections - Merchandise not paid for within 7 days of invoice will be considered abandoned. In addition to any other remedy, Zenbooth shall be entitled to liquidate the merchandise, retain all deposits and apply such proceeds to the unpaid invoiced balances. The purchaser is liable for any collection and legal fees incurred in the collection of unpaid invoices and any storage or related fees.
Acceptance - The terms and conditions set forth herein represent an offer by Zenbooth to sell product to the purchaser. The purchaser’s acceptance of a Zenbooth invoice is an acceptance of these terms and conditions. In the event that the terms and conditions of an order are contrary to the terms and conditions indicated herein, these terms and conditions shall supersede any inconsistent or contrary terms and conditions indicated on the actual order or any other document supplied by the purchaser. A waiver of any one term or condition shall not be deemed a waiver of any other term or condition.
Claims/Returns - All claims for workmanship defects, shortages and errors must be made within 2 days, after receipt of the merchandise to [email protected] Any repairs or claims must be documented in writing accompanied by photographs and sent to Zenbooth. Payments will not be made for unauthorized repairs. Failure to make a claim within this period of time constitutes acceptance of the merchandise and a waiver of claims. All merchandise is inspected before delivery. All merchandise is signed for by the freight company, stating that the items have been picked up in good condition. Third party shippers have sole responsibility for any damage, loss or shortages incurred during transit. Purchasers or their receiving warehouses must inspect the items upon arrival and make claims for any damage, loss or shortages directly to the carrier. Zenbooth is not responsible for any freight related claims, but will assist the purchaser in this process. No merchandise can be returned to Zenbooth without its written consent. Unauthorized returns will be reshipped to the location of origin freight collect. Claims resulting in lawsuits must be filed with the court of competent jurisdiction in the state of California.
Custom - Custom quotes must be reviewed by Zenbooth for suitability before it is accepted into production. Zenbooth reserves the right to reject custom requests.
Delivery - Delivery dates and lead times are estimates only, based on current production schedules at the time of the order and are subject to change. Production can not begin and lead times can not be calculated until the acceptance of the order. Acceptance of the order includes: receipt of the required deposit, confirmation of any changes, modifications or approvals to the original order. Zenbooth shall not be held responsible for any delays in production. Zenbooth shall not be liable for any costs related to late deliveries.
Delivery - If the delivery is deemed difficult, the customer may be asked to sign a damage wavier for their property and the items being delivered. Be sure the furniture ordered will fit into the delivery location!
Orders - Zenbooth reserves the right to reject any order, refund any deposit. Changes to an order are subject to additional charges, if any, for materials, labor and other related costs and the order will be held until written confirmation from the purchaser is received. All furniture is subject to minor changes in details from the specifications noted as it applies to hardware, finishes and other minor details.
Payment - Zenbooth requires an agreed upfront payment before production begins. All payments must be received from the purchaser as identified on the purchase order, as no third party payments will be accepted unless approved in writing by Zenbooth. Acceptance of third party payments is an accommodation and does not create any relationship between Zenbooth and the third party.
Any order not delivered within 10 days of notification of completion is subject to a storage charge of $20 per day.
Cancelled orders are subject to a cancellation fee. Acknowledged orders canceled prior to entering production are subject to a charge in the amount of 20% of the total orders. Orders cancelled thereafter will be subject to a larger cancellation fee set at the sole discretion of Zenbooth. The purchaser agrees that the cancellation fees are in correlation to the reasonable estimate of Zenbooth actual losses on the cancelled order.
Any tax or duty applicable to the products covered by this order will be added to the purchase price and paid by Buyer. Buyer shall reimburse Zenbooth in the event Zenbooth is required to pay any such tax or duty.
Prices Prices are subject to change without notice until a deposit is made. Zenbooth reserves the right to change prices based on changes in quantities or total value of previously quoted contract quotations, changed orders from the purchaser and to correct pricing on orders received with modifications from the original order. Unless otherwise acknowledged in writing, prices include do not include freight or delivery, in-transit insurance, storage, service, taxes, receiving or installation.
Products - Zenbooth reserves the right to make minor changes in furniture design, dimensions and other materials without prior notice. Zenbooth products are handcrafted and can have minor variations. All dimensions can have slight variations. Wood finishes can vary from samples and exact matching is not guaranteed.
Promotion - You hereby grant Zenbooth the right to include your company name or logo on Zenbooth’s Site or other marketing and promotional efforts. If you don't want your logo to be used, please let us know.
Compliance - The purchaser agrees to seek and pay for any necessary permits, landlord or property manager approvals for the installation and use of any products. Before purchasing, the purchaser should independently ensure that the product meets any requirements of applicable laws, regulations or inspections. The purchaser agrees pay for any costs associated with a failure to meet these requirements, laws, permits or approvals.
Warranty - Zenbooth products are sold with a limited warranty against defects in materials and workmanship for a period of one year from the delivery date. Zenbooth reserves the right to repair or replace defective merchandise at its sole discretion. This limited warranty does not extend to other materials supplied by the purchaser or damage caused by shipping, accident, abuse, misuse, cleaning, or normal wear and tear. All other warranties express or implied are excluded.
LIMITATION OF LIABILITY
IN NO EVENT SHALL ZENBOOTH BE LIABLE TO THE PURCHASER OR ANYONE ELSE FOR ANY INCIDENTAL, CONSEQUENTIAL, SPECIAL OR INDIRECT DAMAGES (INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, TRADING LOSSES OR DAMAGES THAT RESULT FROM INCONVENIENCE OR DELAY) EVEN IF CAUSED BY THE NEGLIGENCE OF ZENBOOTH. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE MAY NOT APPLY IN PARTICULAR CASES OR JURISDICTIONS. IN NO EVENT SHALL ZENBOOTH'S TOTAL LIABILITY TO A USER FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION EXCEED THE AMOUNT PAID BY THE PURCHASER. ZENBOOTH'S LIABILITY HEREUNDER CANNOT EXCEED THE AGGREGATE AMOUNT PAID BY BUYER TO SELLER FOR THOSE PRODUCTS GIVING RISE TO THE LIABILITY.
In case of dispute, all matters shall be resolved under the laws of the state of California. Any action for breach of this agreement must be made within one year after the sale.
Entire Agreement
The terms set forth herein constitute the entire understanding and agreement between the parties and supersede all previous communications, representations or agreements with respect to the subject matter hereof. No representations or statements of any kind made by any representative of Zenbooth not stated herein shall be binding on Zenbooth. No addition to or any modification of any provision in Buyer’s purchase order or Seller’s acknowledgment shall be binding upon Zenbooth unless made in a separately in writing.