CASORO JEWELRY SAFES
TERMS AND CONDITIONS OF PURCHASE
Thank you for your interest in Casoro Jewelry Safes. By purchasing a safe, or related products, from us, the following terms and conditions will apply to your purchase. Casoro Jewelry Safes are sold by SHEP AND NANCY BRYAN CORPORATION dba CASORO JEWELRY SAFES, a California corporation, and is identified as the “Seller” in these Terms & Conditions, and you, as the purchaser, are identified as the “Buyer.”
- Agreement. The purchase price and any other applicable terms of purchase will be identified in the Proposal and corresponding terms and conditions (“Agreement”) that will be signed by you at the time of purchase. In the event any term and/or condition in this document is inconsistent with or contrary to the terms set forth in the Agreement, then the terms of the Agreement shall control.
- Payment Terms & Taxes. The price for the each Casoro safe including components and related items therein (“Product”) is as set forth on the Proposal (“Price”). A deposit of 50% of the Price is due at the time of order, and the remaining balance is due when the Product has been assembled and is ready for shipment. Buyer shall pay any and all shipping, transportation, freight, and delivery costs, as well as all other costs associated with the shipping and/or delivery of the Product. Invoices not paid when due shall be subject to a ten (10%) late charge per annum which shall be prorated on a daily basis until the balance is paid in full. Buyer hereby grants to Seller a purchase money security interest under the Uniform Commercial Code in the Product until such time as full payment is received by Seller. Seller reserves the right to withhold shipment until full payment is received. Buyer shall pay for sales tax on a shipment within California. No tax is collected on an out-of-state shipment. If Seller is required to pay sales tax on Buyer’s behalf for any reason, Buyer will promptly reimburse Seller for the amount paid.
- Storage & Shipping / Delivery. In the event Buyer is unable to accept delivery of the Product within 30 days from its completion, Buyer will pay $50 per month or portion thereof, per crate, for storage. Shipping and inside delivery price quotes are good for 30 days following the completion of safe. If Buyer is unable to accept delivery within such period, then Buyer shall pay any increase in the shipping and delivery price that may be applicable at such time. Buyer will pay revised shipping and delivery charges which will remain valid for 30 days from the date quoted. Buyer may be notified of the approximate delivery date, but Seller does not guarantee nor warrant a particular day of delivery.
- When Buyer requests Casoro to assist with arranging inside delivery and elects to use Casoro’s recommended installer for the delivery and installation, freight will be FOB Destination, and “destination” will be final delivery location inside the residence.
- Buyer will be responsible for the delivery and installation of the safe when Buyer selects their own installer or opts to not use the Casoro’s recommended installer. In such case the Freight will be FOB Origin. Delivery of Product to a common carrier, licensed trucker, or vessel shall constitute delivery to Buyer, and title to the Product and risk of loss shall pass to Buyer upon Seller’s delivery of the Product to common carrier, licensed trucker or vessel, or at the time Buyer picks up the Product from will-call, whichever comes first. Casoro will not be held responsible for damages in shipment and installation.
- Safes shipped directly to the customer location are shipped FOB Origin. Once the Product leaves the Casoro facility, Casoro Jewelry Safes is no longer responsible for the Product.
- Seller shall not be liable for any delivery or shipping delays, and Buyer shall have no right to cancel an order as a result of any delivery or shipping delays.
- Acceptance – Shipping. If there is any visible damage to the Product, the shipping crate or if the Shock Watch indicator has fired red, then Buyer must reject delivery and write on the delivery receipt the details of the visible damage or issue. As to damages or defects that are not visible, Buyer shall within seven (7) calendar days from delivery of the Product notify Seller in writing of any nonconformity, defect or problem with the Product. Buyer agrees that its failure to reject the Product based on visible damage or provide written notice to Seller within the required time period for any other non-conformity or defect shall constitute Buyer’s unequivocal acceptance of the Product and acknowledgment that there is no nonconformity, defect or problem with the Product.
- Installation. Buyer shall be solely responsible for installation of the Product. Upon request, and Seller’s approval, Seller may coordinate installation of the Product through a third party installer for an additional fee. If incorrect or incomplete information is given for the referred installation that is noted and detailed on the Proposal, additional charges may occur and will be payable by the Buyer. In no event shall Seller be responsible for any damage, injury or death arising out of or related to the installation or handling of the Product.
- Returns and Cancellations. Due to the custom nature of the Product, the Product may not be returned. Buyer may cancel a purchase order if the written request to cancel the order is received by Seller, by e-mail at email@example.com, within 24 hours from the time of order. An order that is cancelled prior to shipment will be issued a full refund, less 25% of the total price identified on the Proposal, to cover restocking, credit card fees and processing fees provided however that if the cancellation is requested within 21 days from the initial scheduled delivery date, then the restocking charge shall be 50%.
- Warranty Disclaimer. OTHER THAN AS SET FORTH IN SELLER’S 5-YEAR LIMITED WARRANTY ON CASORO SAFES IN THE U.S., AND 1-YEAR LIMITED WARRANTY ON CASORO SAFES OUTSIDE THE U.S., SELLER DISCLAIMS ANY OBLIGATION OR LIABILITY WITH RESPECT TO THE PRODUCT OR ITS SALE AND USE, AND SELLER NEITHER ASSUMES NOR AUTHORIZES THE ASSUMPTION OF, ANY OBLIGATION OR LIABILITY IN CONNECTION WITH THE PRODUCT. THIS DISCLAIMER INCLUDES ANY OTHER WARRANTIES, EXPRESS, IMPLIED OR STATUTORY RESPECTING THE PRODUCT OR ANY PARTS OR COMPONENTS THEREOF, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. IN THE EVENT SELLER, IN ITS SOLE DISCRETION, PROVIDES A REPLACEMENT SAFE, SELLER SHALL NOT IN ANY EVENT BE RESPONSIBLE OR OBLIGATED TO REMOVE AND/OR DISPOSE OF THE PRIOR SAFE, AND BUYER SHALL BEAR THE SOLE COST AND EXPENSE OF SUCH REMOVAL AND/OR DISPOSAL.
- Liability Limitation. SELLER’S TOTAL LIABILITY TO BUYER FOR ANY CLAIM ARISING HEREUNDER SHALL NOT EXCEED THE PURCHASE PRICE SPECIFIED ON THE PROPOSAL AND PAID BY BUYER. SELLER SHALL NOT IN ANY EVENT BE LIABLE FOR INDIRECT, SPECIAL, CONSEQUENTIAL, PUNITIVE DAMAGES OR PENALTIES, INCLUDING CLAIMS FOR THE VALUE OF CONTENTS STORED IN THE SAFE, EVEN IF SELLER HAD ANY KNOWLEDGE, ACTUAL OR CONSTRUCTIVE, OF THE POSSIBILITY OF SUCH DAMAGES.
- Other Disclaimers. Due to the inherently unique qualities of wood, variations in grain, grain pattern, color and unique markings are expected. Any samples presented to Buyer serve as a guide only. Color and texture variations can also occur in other elements of the safe such as paint, plating and fabric. Such variations do not constitute a defect or non-conformity, and Seller shall not be responsible for any variations. In the event there is a misprint, inaccuracy or omission on Seller’s website or any other document or agreement presented to Buyer, such as an error in listed price or description, Seller reserves the right to make corrections, change and update the information without prior notice. Seller shall not be liable for the consequences for any such incorrect or incomplete information presented on its website or other materials given to Buyer.
- Indemnity. Buyer shall and does hereby agree to defend, indemnify and hold Seller harmless of and from any and all liability loss, cost, injury, damage, demand and expense (including, without limitation, reasonable attorneys’ and expert fees) of any kind whatsoever arising out of, on account of, or in connection with a breach of this Agreement, installation of the Product and/or any use or misuse of the Product.
- Entire Agreement. This Agreement constitutes the final and entire agreement among the Parties with respect to the subject hereof. Any statement of Seller, Seller’s sales representative, or any agent of seller or any different or additional terms or of other order form(s) submitted by Buyer respecting the Product shall be given no force or effect unless it has been accepted and signed by Seller’s Chief Executive Officer.
- Binding Arbitration. Any controversy or claim arising out of or relating to this Agreement, or the purchase and use of the Product, shall be submitted to binding arbitration in Orange County, California. The arbitrator’s award shall be final and binding, and shall thereafter be entered into the Superior Court of California. This Agreement shall be governed by and construed in accordance with the laws of the State of California.
- General Provisions. Any amendment or revision to this Agreement shall be valid only if in writing and signed by the Parties. Each party hereto acknowledges and represents that it has fully and carefully read this Agreement and is executing this Agreement as a free and voluntary act. This Agreement shall be deemed to have been drafted mutually between the Parties. Any ambiguity shall not be construed or interpreted against either party. If any provision of this Agreement is held invalid or unenforceable by any court, all other provisions of this Agreement shall remain fully valid, enforceable, and binding on the Parties.
By signing the Proposal or accepting delivery of the product, you are agreeing to abide by all of the terms and conditions in this document.[Updated 01/16/18]