Terms and Conditions
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE. All users of this site agree that access to and use of this site are subject to the following terms and conditions and other applicable law. If you do not agree to these terms and conditions, please do not use this site.
Copyright
The entire content included in this site, including but not limited to text, graphics or code is copyrighted as a collective work under the United States and other copyright laws, and is the property of Absolute Appliances. The collective work includes works that are licensed to Absolute Appliances. Copyright 2003, Absolute Appliances ALL RIGHTS RESERVED. Permission is granted to electronically copy and print hard copy portions of this site for the sole purpose of placing an order with Absolute Appliances or purchasing Absolute Appliances products. You may display and, subject to any expressly stated restrictions or limitations relating to specific material, download or print portions of the material from the different areas of the site solely for your own non-commercial use, or to place an order with Absolute Appliances or to purchase Absolute Appliances products. Any other use, including but not limited to the reproduction, distribution, display or transmission of the content of this site is strictly prohibited, unless authorized by Absolute Appliances. You further agree not to change or delete any proprietary notices from materials downloaded from the site.
Trademarks
All trademarks, service marks and trade names of Absolute Appliances used in the site are trademarks or registered trademarks of Absolute Appliances
Warranty Disclaimer
This site and the materials and products on this site are provided "as is" and without warranties of any kind, whether express or implied. To the fullest extent permissible pursuant to applicable law, Absolute Appliances disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement. Absolute Appliances does not represent or warrant that the functions contained in the site will be uninterrupted or error-free, that the defects will be corrected, or that this site or the server that makes the site available are free of viruses or other harmful components. Absolute Appliances does not make any warrantees or representations regarding the use of the materials in this site in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise. Some states do not permit limitations or exclusions on warranties, so the above limitations may not apply to you.
Limitation of Liability
Absolute Appliances shall not be liable for any special or consequential damages that result from the use of, or the inability to use, the materials on this site or the performance of the products, even if Absolute Appliances has been advised of the possibility of such damages. Applicable law may not allow the limitation of exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you.
Typographical Errors
In the event that a Absolute Appliances product is mistakenly listed at an incorrect price, Absolute Appliances reserves the right to refuse or cancel any orders placed for product listed at the incorrect price. Absolute Appliances reserves the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, Absolute Appliances shall issue a credit to your credit card account in the amount of the incorrect price.
Term; Termination
These terms and conditions are applicable to you upon your accessing the site and/or completing the registration or shopping process. These terms and conditions, or any part of them, may be terminated by Absolute Appliances without notice at any time, for any reason. The provisions relating to Copyrights, Trademark, Disclaimer, Limitation of Liability, Indemnification and Miscellaneous, shall survive any termination.
Notice
Absolute Appliances may deliver notice to you by means of e-mail, a general notice on the site, or by other reliable method to the address you have provided to Absolute Appliances.
Miscellaneous
Your use of this site shall be governed in all respects by the laws of the state of California, U.S.A., without regard to choice of law provisions, and not by the 1980 U.N. Convention on contracts for the international sale of goods. You agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to this site (including but not limited to the purchase of Absolute Appliances products) shall be in the state or federal courts located in Los Angeles County, California. Any cause of action or claim you may have with respect to the site (including but not limited to the purchase of Absolute Appliances products) must be commenced within one (1) year after the claim or cause of action arises. Absolute Appliances's failure to insist upon or enforce strict performance of any provision of these terms and conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these terms and conditions. Absolute Appliances may assign its rights and duties under this Agreement to any party at any time without notice to you.
NEW APPLIANCE PURCHASE TERMS
APPLIANCE PURCHASE: Customer hereby agrees to purchase from Absolute Appliances (“Absolute Appliances”) the Appliance(s) described on the front side hereof for the purchase price described on the front side hereof.
FINAL SALE: Customer acknowledges that sale is Final. There are no refunds, returns or exchanges, unless expressly stated herein. The only exchange that can be made is if appliance doesn’t fit the dimensions. In this case customer agrees to pay a 20% restocking fee and new delivery/pick-up and installation/removal charges.
CANCELLATION: Customer acknowledges that any and all purchases are not subject to cancellation.
LIMITATION ON WARRANTIES: The only warranties from Absolute Appliances expressed or implied, as to the Appliance (including but not limited to warranties as to fitness/merchantability/use) are those limited warranties that the appliance carries. Moreover, even under such limited warranties, Absolute Appliances is not responsible for the appearance of the Appliance(s) and will not make cosmetic changes.
DELIVERY OF APPLIANCE - NO INSTALLATION PROVIDED: Absolute Appliances will Deliver Appliance(s) to customer’s address on the front side hereof and on the delivery date/time listed on the front side hereof. Customer agrees to pay all delivery charges. Delivery is to the curb only. Absolute Appliances will deliver to inside on customer’s request, but in such case Absolute Appliances is not responsible for damage to customer’s premises. In the event that customer scheduled a delivery date/time with Absolute Appliances and is not present at the date/time scheduled, the customer agrees to pay an additional $45.00 charge for attempted delivery.
INSTALLATION: The charge for installation of any new Appliance(s) is based on a normal change-out, which consists of sliding the old unit(s) out and replacing it/them with the new unit(s) in the same place. An extra charge will be made if any additional labor is necessary, or if any additional parts are required to successfully complete the installation of the Appliance(s). Customer agrees to pay the extra charge amount before installation is completed. Absolute Appliances is not responsible for installation of Appliance(s), if, due to improper dimensions, Appliance(s) doesn’t fit or the old Appliance(s) cannot be removed. Customer is responsible for installation and for any particular power or other utility source, which the Appliance(s) might require to operate.
ANTI-TIP: For merchandise, which requires an anti-tip bracket, the anti-tip bracket is included in the purchase price. If the anti-tip bracket cannot be installed, buyer agrees to a drop off delivery charge only. Absolute Appliances will not accept responsibility if Buyer installs the anti-tip bracket or decides not to install the anti-tip bracket.
DAMAGE TO EQUIPMENT - RISK OF LOSS: Once delivered: (1) customer is responsible for all breakage and damage to the Appliance(s), and (2) customer shall bear all risks of loss/damage/destruction of the Appliance(s).
APPLIANCE PICK-UP BY CUSTOMER: When Appliance(s) is picked-up by customer, Absolute Appliances is not responsible for any damage, cosmetic
scratches, missing parts or any other problem(s) with Appliance(s). Also if the problem occurred due to improper installation, customer agrees to pay any and all necessary labor/parts charges needed to repair the problem or to make any adjustments to Absolute Appliances.
LEFT APPLIANCE(S): For any and all Appliance(s) left in the store/warehouse, or if delivery placed on hold by customer’s request, Absolute Appliances will store the Appliance(s) for the period of 30 (thirty) days without any extra charge. After 30(thirty) days Absolute Appliances will add $5.00 per day per appliance, which must be paid before or at the time of delivery/pick-up. If Appliance(s) is still not picked up after 60 (sixty) days, Absolute Appliances will not be responsible for the Appliance(s) and reserves the right to resell the Appliance(s) listed on the front side hereof.
REBATES: Absolute Appliances does not issue, endorse, or guarantee that customer will receive any rebates. Customer acknowledges that he/she has been advised on consulting the authority granting the rebates prior to making purchase and will not hold Absolute Appliance responsible in case rebate is not granted.
PARTS: Customer acknowledges that sale of any/all electrical and/or an electronic part is FINAL. There are no refunds, returns or exchanges, unless expressly stated herein. Also, parts warranty will be waived due to improper installation. For those parts that come in sealed bags, warranty will be waived if part is removed from its original bag or box. Special orders/ cancellations are subject to a 20% restocking charge, minimum charge $20.00, and must have receipts.
GENERAL STORE POLICIES
RETURNED PAYMENT FEE: Customer Agrees to pay Absolute Appliances a fee of $25.00 for each of customer’s check(s) returned by bank or a similar instrument is not honored and Absolute Appliances must return it because it cannot be processed. At our option, we will assess this fee the first time your check(s) is not honored, even if it paid upon resubmission.
CHECK POLICY: All checks require a valid ID. The customer’s name has to be preprinted on the check.
INTERMITTENT CONDITION WARRANTY: There is absolutely no warranty on any part(s) with an intermittent problem. Since the problem is not apparent, it cannot be traced. The only time such a problem can be traced is when the problem actually exists.
APPLIANCE (S) USED FOR COMMERCIAL PURPOSES: If Appliance(s) used for commercial purposes and/or installed on commercial premises the warranty will be waived. Coin operated washers and dryers carry original factory parts warranty and 10 days labor warranty from Absolute Appliances.
LIMITED LIABILITY: Our insurance carrier requires us to inform you that due to the nature of your Appliance(s) removal, installation or reinstallation, any damages(s) incurred by our delivery/installation person to the product, the surrounding cabinets or the floor covering when removing, installing or delivering
your Appliance(s) will be your responsibility, and this will relieve us of any cost of repair(s) should damage(s) (naturally, will be as careful as possible). Customer acknowledges that Absolute Appliances will not be responsible for any loss of food or any other losses of any merchandise item(s) before, after, or at the time of the delivery/installation. If, due to a faulty new/used Appliance(s), customer will experience any damages caused by water, oil or any other leakage, customer will relieve Absolute Appliances of any and all liabilities.
INDEMNIFICATION: Customer agrees to not use the Appliance(s) for any illegal or improper purposes. Customer agrees to indemnify, protect and hold harmless Absolute Appliances, as well as all of its officers, directors, employees, agents, successors and assigns, from and against all claims arising out of the use, condition and/or operation of the Appliance(s). This indemnification shall survive termination of this Agreement.
ARBITRATION: The seller agrees that it will perform this contract in conformity with customary industry practices. The purchaser agrees that any claim for adjustment shall not be reason or cause for failure to make payment of the purchase price in full. This agreement shall be governed by the laws of the state of California. Any controversy, claim or dispute arising out of or relating to this Agreement, shall be settled solely and exclusively by binding arbitration in Los Angeles, California. Such arbitration shall be conducted in accordance with the rules of the American Arbitration Association and judgment upon the award rendered may be entered in any court of competent jurisdiction.
GENERAL PROVISIONS: This Agreement contains the entire Agreement of the parties. Customer is not relying on any representations made by Absolute Appliances; it’s employees and/or agents, except as contained herein. This Agreement shall be interpreted/enforced in accordance with California Law. In any action brought to interpret/enforce this Agreement, the prevailing party shall be entitled to reasonable attorney’s fees and costs. If any terms of this Agreement shall be held void/unenforceable, the remaining terms of this Agreement shall remain in full force and effect; the terms of this Agreement are severable. This agreement shall be binding upon heirs, successors and assigns. If more than one person signs the agreement as a customer, then each such person shall be jointly and severally liable. Customer represents that he/she is over the age of 18, and has the legal capacity to enter into this legal agreement to enter into this legal agreement. Customer has read, understood, and agrees to be bound by all of the terms and condition stated on the front and reverse side this agreement (which contains the entire terms of the agreement: all prior discussions and representations being merged herein and extinguished thereby). This agreement shall be governed by the laws of the state of California.
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