KOKET . Terms & Conditions | 123
Terms&
Conditions
SHIPPING / DELIVERY
RECEIPT OF PRODUCT & INSPECTION OF PRODUCT
As a service to our customers, KOKET will arrange the shipping
of orders via one of our preferred carriers. All charges are pro-
forma and will be included on the final balance due notice.
If the customer chooses to manage their own freight and
delivery, KOKET must be notified of the specific details of the
movement. The handling fee for “customer’s own” pick-up will
be according to the invoice value.
Ownership of the product transfers to the customer (owner)
upon the freight carrier taking possession of the order for
transport. Therefore, responsibility for damage occurring
in-transit is the owner’s and all claims for freight damage must
be made within 48 hours of receipt.
If customer selects their own freight carrier, freight claims
must be filed directly with the selected carrier. KOKET is not
responsible for a customer’s own or third party freight damage
and claim.
KOKET highly recommends using a qualified receiving
warehouse to receive, inspect, consolidate deliveries and
facilitate in-home installation. All crated goods must go
through a professional receiver such as a receiving ware-
house. A receiving warehouse acts as an agent for the
client and is responsible to note any damage and assist
the owner with filing a freight claim when any damage is
found. A qualified receiving person should be present to
accept products when delivered directly to a home.
A signature on the POD (Proof of Delivery) upon receipt
of the products confirms that the products are received in
good condition unless exception is made on the POD. If the
merchandise
is refused upon delivery for quality or damage issues, the
receiver should contact KOKET immediately.
If you are unable to inspect the merchandise at the time of
receiving the shipment,
note on the POD that any concealed damage of boxed or
crated products will be the
responsibility of the carrier or the manufacturer as deter-
mined upon inspection of the products.
• Have the driver sign your copy of the delivery receipt.
• Take pictures of noted damages of item and packaging.
• Do not discard packaging, as insurance adjuster will need
to review item and packaging when a claim has been filed.
• Contact KOKET as soon as you inspect item(s) received
to advise them of any damages as a claim will need to be
filed by them within 48 hours of delivery.
Note: Courts have generally ruled that a consignee may
not open the containers and examine the merchandise
before giving a receipt to the carrier unless the containers
indicate the probability of damage.
If you discover damage after delivery and the delivery
receipt has a vague notation or no notation, it may result in
a denied claim.
Damages that are caused by the Freight Carrier and
occurred during transit from KOKET to the Consignee,
are not the responsibility of KOKET. It is the Consignee’s
responsibility to inspect items received upon delivery to
ensure proper measures can be taken to file a claim with
the Freight Carrier.
**Photos of damages of the product, crate and packaging are man-
datory for filing a claim, along with a written detailed description.
KOKET will not honour any claims without this documentation.**
All product claims should be reported directly to KOKET. within
48 hours of receiving the product. You will then be given direc-
tives on how/where to send the proper documentation.
Do not attempt a return without first having obtained a KOKET
written authorization.
KOKET will not accept returns without prior written authori-
zation.
LIMITATION OF REMEDIES
Neither manufacturer nor seller shall be liable for incidental
or consequential losses, damages or expenses, directly or
indirectly arising from the sale, handling or use of the goods,
or from any other cause with respect to the goods or this
agreement, whether such claim is based upon breach of con-
tract, strict liability in tort, negligence or any other legal theory.
Seller’s liability hereunder in any case is expressly limited, at
manufacturer’s election, to repair or replace (in the form origi-
nally ordered) of goods not complying with this agreement, or
to the repayment of, or crediting buyer with, an amount equal
to the purchase price of such goods.
REMEDIES UPON DEFAULT
Seller requires payment for any shipment hereunder in ad-
vance. If Buyer fails to make payment in accordance with the
terms of this agreement or otherwise fails to comply with any
provision hereof, Seller may, at its option, cancel any unshipped
portion of this order, retain the goods and declare a forfeiture
of the deposit as liquidated damages. In the alternative, Seller
shall (in addition to other remedies available under any applica-
ble Uniform Commercial Code or otherwise by law) have
the right to appropriate and apply the goods to payment due
hereunder. Seller may proceed to sell or otherwise dispose of
the goods at public or private sale for cash or credit; provided,
however, that Buyer shall be credited with the proceeds of
such sale only when the proceeds are received by Seller.
If any notification or intended disposition is required by law,
such notification shall be deemed reasonably and properly giv-
en if mailed at least ten days before such disposition, postage
prepaid, to Buyer at the Buyer’s address set forth on the face
side hereof. Any proceeds of the goods may be applied by Sell-
er to the payment of expenses and costs to exercise Seller’s
rights hereunder, and any balance of such proceeds shall be
applied against Buyer’s account in such order as Seller shall
determine in its sole discretion. Buyer will remain liable for the
balance of all unpaid accounts.
EXCLUSIONS
All of Manufacturer’s drawings, descriptive matter, weights,
dimensions, descriptions and illustrations contained in the
Seller’s catalogues, prices list’s or advertisements are close
approximations only and intended to give a general descrip-
tion of the goods and shall not form part of this agreement.
Furniture and lighting is handmade, and therefore is subject to
slight variations.
