These terms and conditions govern all sales through this website. These terms and conditions are the sole and complete contract regarding sales, and supersede all prior oral or written statements or understandings. Any previous order, offer, or other communication from you, which is different from these terms and conditions, is not a course of conduct and is not part of this sale. Delivery of the product, nor any other action at any time on our part, shall not constitute our acceptance of any additional or different terms. You shall be bound by all of these terms and conditions of sale when you use this website to make a purchase. Our failure to object to conflicting or additional terms will not change or add to the terms of this Agreement. You agree that the following terms and conditions are the exclusive terms governing the sales transaction pertaining to you. Any attempt to alter, supplement, modify or amend these terms and conditions by you will be considered a material alteration of this agreement and, therefore, is null and void. In addition, these terms of sale are subject to change at any time, without prior written notice. Therefore, please check these terms and conditions carefully each time you place an order with or accept delivery of any products.
- Orders. All orders are subject to our acceptance. An order is not binding until we accept it. We must receive payment before we will accept an order. Payment for the product ordered is due when you place your order online, and prior to shipment. You can make payment online by credit card.
- Acceptance. We reserve the right to accept or reject any order, and/or to limit quantities on any order, without giving any reason. If we reject part or all of your order for any reason, we will attempt to notify you using the e-mail address given with the order. Your credit or debit card will normally not be charged if the order is rejected, but if the credit or debit card is charged, we will process a refund. If we accept your order, we will send you an order confirmation by e-mail to the address associated with your account. The order confirmation will include information on the products you have ordered, an order number, the shipping address, and the delivery method. You will receive a shipping confirmation email confirming that the order has been shipped. The shipping confirmation will include information regarding what products have been shipped and will include tracking information if the order was shipped via UPS. Any products which were part of the same order, but were not included in the shipping confirmation are not deemed accepted until you receive a shipping confirmation for those products. You must verify the details in the confirmation email. If there are errors, you should contact us as soon as possible by sending an email to us. We reserve the right to cancel any order and prevent access to the website at any time for any reason.
- Prices. The prices displayed on the website are valid only for the moment that they are displayed. We reserve the right to change prices on the website at any time without prior notice. Such change however will have no effect on orders completed before the posting of a new price on the website. We try to avoid and prevent errors in pricing, but if an error occurs, we may cancel the order. In the event of an error, any money paid related to that order will be refunded. We collect and pay sales tax as required by Michigan law, for transactions on the website. Your total cost for purchase of any product will include the shipping and handling charges shown on our invoice, except additional international charges which may be applicable, such as customs and/or duties to Canada. However, your original shipping fees are non-refundable in the case of a returned product. Those fees are paid for the services provided by and to the original carrier and will not be refunded to you if the product is returned for a refund.
- Title and Delivery. You will be contacted 24-hours prior to delivery to schedule a delivery appointment. The product will be lowered to the ground via a lift-gate. It is your responsibility to transport the product from there to where you want it, and recycle the wooden pallet. Our delivery date is an estimate only and we are not liable for delays in delivery, or for failure to perform due to causes beyond our reasonable control. If the delivery date changes, we will endeavor to inform you as soon as possible of the new estimated ship date. The carrier is not our agent. All deliveries will be made via a delivery method which we select. Title and risk of loss pass to you upon delivery of the product to the ground via lift-gate, at our determined destination.
We offer shipping within the US and internationally. Products for shipment to countries outside of the U.S. may be subject to taxes, customs duties and fees levied by the destination country (“Import Fees”). The recipient of the shipment is the importer of record in the destination country and is responsible for all Import Fees. Additional charges for customs and duties will be added to the invoice, and are your responsibility.
- Inspection. You must inspect for defects or damage upon delivery by us. If you notice any damage to the product or packaging, you must note it when you sign for delivery on the Bill of Lading. At the time of delivery, please document and take photos of any damage. We reserve the right to determine whether the damage claim will be accepted if sufficient documentation is not provided. You have 24 hours to notify us if you received a damaged product. We will have no obligation for any damage claims reported after 24 hours. No exceptions. In the rare event that your order never arrives, you must notify us and notification must be received by us within 3 days from receipt of our contact to schedule a delivery appointment. In the event of damage to the package, you must make a claim directly with the carrier. Failure to follow this procedure will result in no refund or repair of the damage to the shipment. Products must be in original condition to be returned, unless there is a manufacturer defect. If the product is defective at the time of delivery, youmust contact us for information regarding replacement of the defective product.
- Return. You may return a product only if we authorize it. Returns must be unused and in its original packaging. Any products that have been used, customized or modified in any way are not returnable, which includes, but is not limited to: custom cut steel and non-standard or stock products. In order to receive a refund, Buyer must have proof of original purchase and all products must have been purchased from our website.
If the Product is eligible for return, Buyer must contact us directly to obtain a return request form. This request form will provide the details needed to expedite the return. You will be directed to print the return authorization form and place it in the box with products to be returned. Once your returned product is received, a refund will be made to the original method of payment. You should allow for one billing cycle for credit card refunds to appear on your statement. Returns are generally processed within 5-7 business days of receipt. You are responsible for all return shipping costs and may be charged a restocking fee for orders over $100.00.
- Limited Warranty. We have a three (3) year structural warranty on our metal bed frames, and a one (1) year warranty on our mattresses, made only to the original buyer of that Product purchased from us. You shall notify us of any covered defect within the warranty period. If we breach this warranty, your remedy is limited to (at our election) (1) refund of your purchase price for such Product (without interest), (2) repair of such Product, or (3) replacement of such Product; provided that such Product must be returned to us, along with acceptable evidence of purchase, within 30 days from date of delivery, transportation charges prepaid. This is the original buyer’s sole and exclusive remedy under this limited warranty. This warranty does not cover defects which result from causes beyond our reasonable control, including, without limitation, (a) misuse, abuse, neglect, accident, abnormal use, or modification; (b) normal wear and tear; (c) repairs or attempted repairs by an unauthorized person. THE FOREGOING IS THE COMPLETE WARRANTY FOR THE PRODUCT AND SUPERSEDES ALL OTHER WARRANTIES AND REPRESENTATIONS, WHETHER ORAL OR WRITTEN. EXCEPT AS STATED IN THIS LIMITED WARRANTY, WE MAKE NO WARRANTIES OR PREPRESENTATIONS, EXPRESS OR IMPLIED, WITH RESPECT TO THE PRODUCT, INCLUDING BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, QUALITY, CAPABILITY, OR ANY OTHER WARRANTY IMPLIED AT LAW OR EQUITY. TO THE EXTENT AN IMPLIED WARRANTY CANNOT BE EXCLUDED, SUCH WARRANTY IS LIMITED IN DURATION TO THE MINIMAL PERIOD ALLOWABLE BY LAW.
- Limitation of Liability. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, OUR TOTAL LIABILITY TO BUYER OR ANY OTHER PERSON OR ENTITY, FOR ANY CAUSE OR COMBINATION OF CAUSES, WHETHER ARISING OUT OF CLAIMS BASED UPON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, IS IN THE AGGREGATE, LIMITED TO AN AMOUNT NO GREATER THAN THE PURCHASE PRICE PAID FOR THE PRODUCT. IN NO EVENT SHALL SELLER, ITS OFFICERS, EMPLOYEES, AFFILIATES, CONTRACTORS, SUPPLIERS, AGENTS, AND REPRESENTATIVES, BE LIABLE TO BUYER, OR ANY OTHER ENTITY OR PERSON, FOR ANY DAMAGES, EXPENSES, LOSS OF PROFITS OR REVENUE, PROMOTIONAL EXPENSES, OVERHEADS, BUSINESS INTERRUPTION COST, REMOVAL OR REINSTALLATION COSTS, INJURY TO REPUTATION OR LOSS OF CUSTOMERS, OR ANY OTHER INDIRECT, INCIDENTAL, SPECIAL, RELIANCE, PUNITIVE, CONSEQUENTIAL, OR OTHER DAMAGES ARISING OUT OF A DEFECTIVE PRODUCT, USE OR INABILITY TO USE A PRODUCT, OR ANY OTHER MATTER WHATSOEVER, REGARDLESS OF (a) THE LEGAL THEORY UNDER WHICH SUCH LIABILITY IS ASSERTED, OR (b) WHETHER SELLER HAD BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, LIBILITIES OR CLAIMS. 10. Force Majeure. We not liable for failure to fulfill obligations for any accepted order or for delays in delivery due to causes beyond our reasonable control including, but not limited to, acts of God, natural or artificial disaster, riot, war, strike, protest, delay by carrier, acts or omissions of other parties, acts or omissions of civil or military authority, changes in law, fire, floods, acts of terrorism, delays in transportation or inability to obtain labor or materials through its regular sources, any of which shall be considered as an event of force majeure excusing us from performance and barring remedies for non- performance. In an event of force majeure condition, the time for performance shall be extended for a period equal to the time lost as a consequence of the force majeure condition without subjecting us to any liability or penalty. We may, at its option, cancel the remaining delivery, without any liability, by giving notice of such cancellation to you.
- General. The laws of the State of Michigan will exclusively govern any dispute between us. The state courts of Michigan and federal courts sitting in Michigan have exclusive jurisdiction to determine any dispute arising between us. You irrevocably agree to personal jurisdiction in the state courts of Michigan and federal courts sitting in Michigan, and to the venue and convenience of the Circuit Court for Ottawa County, for resolution of disputes between us, and waive any objection to the exercise of such jurisdiction and venue. An action for breach of these terms and conditions of sale must be commenced within two (2) years after the cause of action has accrued. A cause of action accrues when the breach occurs, regardless of the aggrieved party’s lack of knowledge of the breach. These terms and conditions of sale are binding on you and your successors and assigns, if permitted.