KOKET . Terms & Conditions | 79
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78
Terms&
Conditions
Terms&
Conditions
CONTRACT/CUSTOM ORDERS:
TITLE / RISK OF LOSS
WARRANTY AND DISCLAIMER
PRODUCT AND STORAGE FEES
LEAD TIME
FREIGHT
ORDER CANCELLATION
KOKET has the ability to customize existing products or new
products to meet contract specifications. These orders will
necessitate special pricing based on quantity and features. All
custom designs are subject to a non-refundable design fee of
two hundred and fifty dollars (USD) $250.00. I do not believe
this is being applied; please consider excluding it; we can add a
paragraph on the custom orders and charges (see below).
In specific cases of customization, additional design fees may
apply. This will be determined on a case-by-case basis at
which time the Buyer will be notified of any said fees.
Any claim by Buyer against Seller or carrier for shortage or
damage occurring prior to delivery must be made in writing
within forty-eight (48) hours after receipt of shipment and ac-
companied by original transportation bill signed by the carrier,
noting that the carrier received the goods from Manufactur-
er in the conditions claimed. All deliveries are subject to the
accompanying Freight Receiving Rules.
There are no warranties with our products. When issues arise,
KOKET reserves the right to determine whether a replacement
or repair is most appropriate.
Defective products will be either fixed or replaced within the
normal production time period required to reorder and manu-
facture the replacement product.
Furniture: Many wood and metal finishes are applied by hand
and may vary in color, tone and character. While Manufacturer
will make every effort to match a finish, no guarantee can be
made of an exact match.
Manufacturer does not guarantee finishes against fading and
oxidizing. Variations in color and veining are inherent in stone
and wood and considered to be part of the natural beauty.
Furniture and lighting is handmade, and therefore is subject to
slight variations.
Textiles and Soft Goods: Manufacturer does not guarantee fab-
rics or soft goods, dyed or natural, from fading, normal wear, or
slight variations in color.
Dining Tables: Dining table designs are handmade and are sub-
ject to slight inconsistencies. Table tops and bases are made
and shipped in separate crates.
Glass table tops are not anchored to the base upon arrival, and
thus does not guarantee maximum stability upon placement.
Consoles: All console designs are handmade and subject to
slight inconsistencies.
Certain console designs could cause a small percentage of
instability upon movement. Please exercise caution when
moving consoles, providing proper support, as they are very
fragile.
Upon completion, clients will have a total of four (4) weeks
from the date they are billed for their final payment to pay all
remaining balances on their order. If the balance remains un-
paid after the four (4) week grace period, a 5% storage fee will
be applied weekly. This 5% will be calculated based on the total
invoice amount, not the remaining balance. Orders that accrue
storage fees cannot be released until the fees and remaining
balance are paid. If the order extends eight (8) weeks past the
date of final billing, the client consents to release the order to
KOKET stock, and the order deposit is lost.
We reserve the right, without prior notice, to change lead
time. For pieces with custom specifications or orders of large
quantities we reserve the right to adjust the time of delivery
accordingly. Lead time for COM or COL orders does not begin
until ALL fabric and/or materials are received by the manufac-
turer, and confirmed to be in full compliance.
Shipping costs are not included in the price of an item. This in
no way implies that KOKET is responsible for the performance
of the carrier.
Seller product shipment includes door-to-door, unless stated
otherwise in the estimate/proforma invoice.
Delivery personnel are limited to delivering to physical shipping
address only. They are not permitted to cross the threshold of
building, home, or office with shipment. Nor can they handle,
uncrate, or remove any packaging or materials.
Buyer can request additional services for a higher fee. Addi-
tional services include: air freight and white glove services.
Any shipments returned to Seller as a result of Buyer’s un-
excused delay or failure to accept delivery will require Buyer
to pay all additional costs incurred by Seller including storage
fees.
All goods are custom made to order specifications. Orders
are not cancellable after five (5) working days since the day
of the 1st payment of the order, nor returnable. If the order is
cancelled within the five business days allowed, the amount
already paid will be credited (KOKET Credit Note) to the same
entity that was ordered from us.
Changes in orders, returns or cancellations require prior written
approval from manufacturer. In every other aspect (delay, client
indecision, loss of projects, etc.)
the amount paid to KOKET will not be refunded or credited as
Credit notes, and the client will lose any right to the goods.
In-Stock Lighting Return Policy:
KOKET will not accept lighting returns without prior written
authorization. Returns or cancellations are subject to cancel-
lation fees or restocking fees up to 50% of the net selling price.
In-stock lighting will not be accepted as a return if product has
been installed, altered or damaged in any way. Please consider
removing this or amend it to all Outlet pieces.
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 oc-
curred during transit from KOKET to the Consignee, are not
the responsibility of KOKET. It is the Consignee’s respon-
sibility 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.
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.
