Sterling 2017 Price Catalog Page iv ADA Compliancy

STERLING 2017 LIST PRICE CATALOG TERMS & CONDITIONS OF SALE (continued) WARRANTY: Seller's applicable respective limited warranty for the product in effect at the time of shipment shall apply. Buyer covenants and agrees that it will not remove any warranty, label, warning, tag, instruction, or manual from the goods and will ensure that all warranties, labels, warnings, tags, instructions, and manuals supplied with the goods or by Seller will be passed on to the original consumer purchaser. The warranty supplied with the goods is Seller's sole and exclusive warranty. EXCEPT TO THE EXTENT PROHIBITED BY APPLICABLE LAW, ANY IMPLIED WARRANTIES INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTY OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE EXCLUDED FROM THIS CONTRACT AND SELLER AND ANY OTHER SELLERS DISCLAIM ALL LIABILITY FOR SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES. DAMAGE IN TRANSIT/SHORTAGE: Every reasonable precaution is taken against breakage or other damage in transit. As all goods are shipped Ex Works (origin) loaded (Incoterm 2010), unless otherwise noted. Seller's risk of loss ceases at the time the goods are placed at Buyer's disposal. Claims against carriers are to be filed by the Buyer. It is Buyer's responsibility to inspect products upon delivery for transit damage and/or shortage. If damage or shortage is detected, it should be duly noted on the bill of lading before signing for merchandise. An inspection report should be requested by the Buyer of the carrier, followed by a settlement claim to the carrier. CHOICE OF LAW: Except as expressly provided herein, the contract is subject to all the provisions of the Uniform Commercial Code of the state of Seller's principal place of business without variation, exclusion or limitation as effective and in force on the contract date. The United Nations Convention on Contracts for the International Sales of Goods ("CISG") shall not apply. Seller hereby elects to opt out of the CISG. INVOICE MINIMUM: An order for items included in list price catalog for which invoice prices aggregate less than $50.00 net for product will be billed at $50.00 net. RETURNED MERCHANDISE: Merchandise which has been shipped according to Buyer's specifications cannot be returned for credit without prior written approval by Seller, fully establishing the basis for the credit. Credit will be issued only for items which are found by Seller to be of standard manufacture and in salable condition. Return shipment is at Buyer's expense and risk. Buyer must prepay freight and may incur a restocking charge when no manufacturing defects or errors are involved. Returned merchandise that has been discontinued will not be credited. Returned merchandise that is not in A-1 condition will be scrapped immediately at Seller's facility. Phase-down products will not be accepted under the return goods program. Kohler Co. reserves the right to deny any product return request that puts Kohler in an unfavorable inventory position. For complete returned merchandise policy details, contact your Kohler/Sterling Customer Care Representative. SHIPPING WEIGHTS: Shipping weights are approximate and are not guaranteed, but are shown for customer convenience. ELECTRONIC DATA INTERCHANGE ("EDI"): The terms and conditions at sale for EDI transactions shall be the same as set forth herein. Each party shall, at its own expense, provide and maintain the equipment, software, services, and testing necessary to effectively and reliably transmit and receive documents. No document shall give rise to any obligation until it is accessible and able to be read by the receiving party at its computer. ADA COMPLIANCY All products displaying this symbol or stating "ADA compliant" will comply with the Americans with Disabilities Act of 1990 when installed per the appropriate sections of the 2010 ADA Standards for Accessible Design, as follows: BATHTUBS: Baths will comply with the Americans with Disabilities Act when installed per the requirements of the 2010 ADA Standards for Accessible Design, Section 607 Bathtubs, of the Act. SHOWER STALLS: Shower stalls will comply with the Americans with Disabilities Act when installed per the requirements of the 2010 ADA Standards for Accessible Design, Section 608 Shower Compartments, of the Act. KITCHEN SINKS: Kitchen Sinks will comply with the Americans with Disabilities Act when installed per the requirements of the 2010 ADA Standards for Accessible Design, Section 606 Lavatories and Sinks, of the Act. TOILETS: Toilets will comply with the Americans with Disabilities Act when installed per the requirements of the 2010 ADA Standards for Accessible Design, Section 604 Water Closets and Toilet Compartments, of the Act. BATHROOM SINKS: Bathroom Sinks will comply with the Americans with Disabilities Act when installed per the requirements of the 2010 ADA Standards for Accessible Design, Section 606 Lavatories and Sinks, of the Act. iv

Previous Page
Next Page