Terms and Conditions of Sale

Applicable to this Order and any Appliance By Design (ABD) sale resulting from this order.

PRODUCT AVAILABILITY

  • ABD shall not be liable for any delay or failure to obtain specific merchandise models resulting from a manufacturer discontinuing or being unable to supply such merchandise.
  • ABD at its sole discretion may choose to offer a comparable substitute model with no additional liability to the customer.

DELIVERY

  • Deliveries are scheduled based on the desired date only. Deliveries will be made during normal business hours.
  • Standard delivery charges are based upon a two-person delivery team and merchandise location must be accessible by hand truck. Deliveries to second stories and/or deliveries requiring additional people, equipment or services are to be identified in advance and may result in additional charges to customer prior to delivery.
  • Re-delivery charges are applicable in cases where standard delivery was scheduled and additional people, equipment or services were deemed necessary to complete delivery.
  • Scheduling of customer’s own installers (i.e., plumbers, electricians, etc.) is not recommended on the day of merchandise delivery. ABD will not be held liable for any expenses and/or charges incurred by customer due to cancellations or rescheduling of any such installers.
  • ABD will not hold merchandise longer than 10 days after the confirmed delivery date.

DELIVERY CONFIRMATION

  • Two to seven days prior to the scheduled delivery, ABD or its delivery representative will contact customer or the customer specified contact person to verify that the delivery site is ready and prepared to receive the merchandise.
  • ABD must receive direct and positive confirmation from the customer, or the customer specified contact person no later than two days prior to the scheduled delivery date or ABD will not attempt delivery and delivery must be rescheduled.
  • Missed delivery appointments after ABD’s receipt of positive confirmation or same day delivery cancellations are subject to full re-delivery charges to customer.
  • Price(s) for any undelivered or re-delivered merchandise will be subject to the then current delivery charge amount regardless of when the order was placed.

INSPECTION

  • It is the customer or customer's authorized representative’s responsibility to inspect the merchandise and the premises at time of delivery for any damage (e.g., dents, scratches). If any damage is found it must be noted on delivery receipt at the time of delivery.
  • Customer or customer’s authorize representative must report any damage to a local ABD customer service representative within one business day of delivery of the merchandise. ABD reserves the right to refuse to accept returns or to provide exchanges more than 30 days after the delivery of the merchandise.
  • Claims for damage to customer’s premises or to the merchandise not noted on the delivery receipt at time of delivery will not be honored.

INSTALLATION

  • Installation charges are based on the installation work meeting the criteria of a standard installation. Additional charges for non-standard installation work will be determined and charged at time of delivery/ installation.
  • ABD will not do any cutting, drilling, electrical, plumbing or HVAC/Ducting work.

RETURN POLICY

ABD relies on our customers to carefully choose merchandise based on their needs and specifications before purchase. Returns and exchanges of conforming special-order merchandise are not allowed. Returns or exchanges of conforming merchandise (other than special order merchandise) are subject to ABD management’s approval, and if approved, are subject to a restocking fee of 35% of the purchase price, plus freight charges. Due to the additional costs associated with installed or built-in merchandise, this merchandise is subject to installation and/or de-installation charges plus the applicable opened carton restocking fee. If the merchandise is non-conforming upon delivery (e.g., damaged, defective, or not as ordered), Customer will promptly advise ABD and allow ABD a reasonable period to cure the non-conformity. If ABD fails to cure the non-conformity within a reasonable time, Customer may return the non-conforming merchandise without restocking fees.

CLEARANCE ITEMS

  • All orders must be paid in full at time of purchase.
  • Must take delivery of merchandise within 10 days.
  • All merchandise is sold "As Is."
  • All orders not taken after 10 days will be cancelled and a 10% processing fee will be assessed.
  • All merchandise is subject to the limits of the remaining manufacturer’s warranty, if any.

WARRANTY

  • All merchandise is subject to the manufacturer’s warranty, if any.
  • Manufacturer assumes responsibility for merchandise functionality and performance issues.
  • Service or replacement after delivery is at the discretion of manufacturer.
  • Extended warranty agreements may be available for an additional charge.

DELAYS

ABD shall not be liable for delays or failure to perform its obligations under this Terms and Conditions of Sale resulting from acts of nature, war, terrorism, strike, union-jurisdictional dispute, slowdown, mechanical breakdown, failure in source of supply, or other causes or circumstances beyond ABD’s reasonable control. In the case of any of these occurrences, deliveries shall be resumed when disabilities caused by these occurrences have ceased to exist. In the event the disabilities exist for 30 days or more, ABD may, at its sole discretion, elect to terminate these Terms and Conditions of Sale pertaining to all undelivered merchandise.

LIMITATION OF LIABILITY

In no event shall ABD or its affiliates be liable to customer for any special, indirect, consequential, or incidental damages relating to the merchandise or any breach of this Terms and Conditions of Sale by ABD, its assignees, or delegates. ABD’s total liability to customer with respect to the merchandise and services provided under this Terms and Conditions of Sale, whether arising in contract, warranty, tort, or any other legal theory, shall in no event exceed the total amount paid by customer to ABD under this Terms and Conditions of Sale. ABD is not obligated for any liquidated damages under this Terms and Conditions of Sale.