A signature on the BOL upon receipt of the products confirms that the
products are received in good condition unless exception is made on
the BOL. If the merchandise is refused upon delivery for quality or dam-
age 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 BOL that any concealed damage of boxed or
crated products will be the responsibility of the carrier or the manufac-
turer as determined 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 manda-
tory for filing a claim, along with a written detailed description. KOKET
will not honor any claims without this documentation.**
All product claims should be reported directly to KOKET. within 48 hours
of receiving the product. You should immediately phone: 703.369.3324.
You will then be given directives 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 authorization.
LIMITATION OF REMEDIES
Neither manufacturer nor seller shall be liable for incidental or conse-
quential 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 contract, 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 originally
ordered) of goods not complying with this agreement, or to the repay-
ment 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 advance. 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 applicable 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 given 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 Seller 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 description of the goods and shall
not form part of this agreement. Furniture and lighting is handmade,
and therefore is subject to slight variations.
WAIVER
Waiver by Manufacturer or Seller of any breach of these terms and
conditions shall not be construed as a waiver of any other breach,
and failure to exercise any right arising from any default hereunder
shall not be deemed a waiver of such right at any subsequent time.
SEVERABILITY
In the event that any one or more of these terms or conditions is held
invalid, illegal or unenforceable, such provision(s) shall be severed
and the remaining terms and conditions shall remain binding and
effective.
