Terms of service

Equipment provided by Tensalon Development and its affiliates are subject to the following terms and conditions:

ORDERS: 
All faxed, e-mailed or mailed Purchase Orders will begin being processed upon receipt. All phone orders will begin being processed in accordance with our understanding of your verbal instructions. All changes to original orders must in writing.

PAYMENT:  Payment is accepted by one of the following methods: Credit Card, Automated Clearing House(ACH), or Check. A credit card charge back is treated as a breach of contract, and if not paid within 3 business days, Tensalon Development will pursue all remedies under law, including attorneys’ fees, in connection with the collection of the amount owing. Customer is responsible for all fees associated with the returned check.

CUSTOM ORDERS:  All special, custom, or non-standard design, laminate, vinyl, millwork, etc. goods are non-refundable.

ORDER CONFIRMATION: Written confirmation of phone or verbal orders must be clearly marked “Confirmation” to avoid duplicate manufacture and shipment. If this is not done and a duplicate shipment occurs, the customer is then responsible to accept and remit payment for merchandise. Tensalon Development will not be responsible for any discrepancy between quote and sales order, which is the official document for production.

DISCLAIMER OF STANDARD TERMS:  All items, conditions, or provisions which may appear as pre-printed language or otherwise be inserted within any Purchase Order, order confirmation, change order, cancellation, correspondence, memoranda, or other documents from the customer shall be of no force and effect notwithstanding the execution or delivery of such document subsequent to the date of the initial order.

ACKNOWLEDGMENTS:  Every order received is acknowledged in writing (after credit approval). It is the customer’s responsibility to check acknowledgments carefully to ascertain absolute accuracy and that there is no duplication.

PRICING:  The total price will include the price of the goods, freight, and sales tax (in effect on the day of delivery), if applicable. Tensalon Development reserves the right to change prices for goods, and does not provide price protection or refunds in the event of a price drop or promotional offering.

SALES & USE TAX:  All transactions will include sales tax based on the ship-to address and the sales tax rate in effect at the time the transaction is completed. If the sales tax rate for the ship-to address changes before the goods is delivered, the new tax rate in effect at the time of delivery will apply. No customers are eligible for tax exemptions for transactions unless proof of tax exemption is provided in writing for the ship-to address and not the bill-to address. If for an unforeseen reason sales tax is not included, and the customer has not provided an appropriate tax exemption certificate, the customer will be responsible to file the appropriate sales & use tax filing in the state and month of delivery.

CANCELLATIONS:  Orders will be processed and manufactured according to the sales order, which is considered final and accepted if after 3 days from receipt if Tensalon Development is not notify of any error or change. Any order in the process of manufacture at the time cancellation is received is subject to a cancellation fee of up to fifty percent (50%). Tensalon Development reserves the right to assess a service fee for all credit card refunds related to cancellations initiated by the customer. For all change, cancellation, or restocking fee assessment, please send email to: tensalon@earthlink.net. Cancellations are not permitted if any goods have been shipped. We reserve the right to cancel order if we have insufficient stock, do not deliver to your area, or one or more of the goods ordered were quoted at an incorrect price. We will process credits or refunds within 30 days of your cancellation date. We will not be obliged to offer any additional compensation for disappointment suffered.

STORAGE FEES:  If the customer is unable to take delivery by the mutually agreed upon delivery date or a reasonable date thereof if none were established, TenSalon Development reserves the right to begin charging up to three percent (3%) per month storage service fee commencing thirty (30) days from requested delivery date. If after ninety (90) days, the goods remain undelivered. TenSalon Development reserves the right to cancel the original order with either an up to fifty percent (50%) cancellation fee, or a one hundred percent (100%) cancellation fee on all Custom Orders.

DELIVERY: Delivery is subject to an additional charge. In addition, all weekend, holiday, or late evening delivery requests are further subject to an additional delivery charge. Please verify ship-to address entered at time of order placement is correct. Rerouting shipment to a different address than listed originally often results in significant additional shipping costs. Storage and attempted delivery fees can also be accrued if the location is unable to accept shipment. Please note shipping and delivery quotes are for curbside delivery, unless otherwise specified.  For inside delivery, please contact your local sales representative or customer service as additional charges may apply.

For shipping to Alaska, Hawaii, and international locations, please call for shipping options and pricing. In the unfortunate event that your shipment is delayed, Tensalon Development is not liable for any damages, monetary or otherwise, due to production delays, freight delays, re-routing or freight damages. Please keep a copy of the signed Delivery Receipt for your record. The estimated delivery date is an estimate of the approximate date the product is expected to arrive and is subject to change. ALL SHIPMENTS ARE F.O.B. SHIPPING POINT, FREIGHT COLLECT, UNLESS OTHERWISE SPECIFIED.

RETURNS:  No return will be accepted unless pre-paid or otherwise authorized by use of an RA number. To request a return please email tensalon@earthlink.net. Please provide order details, such as invoice number, PO and description of items requested for return. Tensalon Development's Returns Department will reply back with a Return Authorization (RA) number if approved. No return will be accepted without an RA number. We reserve the right to request photographs. Tensalon Development is not responsible for freight charges associated with returns or upon an exchange of goods due to customer error. There is a restocking fee of up to fifty percent (50%) if returned within the first thirty (30) business days of receipt. Customer is responsible for the correct re-packing of products when returned to ensure damage does not occur during shipment. Tensalon Development maintains the right to refuse returns that are damaged, used, missing units or not in its original packaging. Returns and refunds are processed on goods sold by Tensalon Development. All returns must be requested within 14 days of merchandise delivery, and no return will be accepted past thirty (30) business days of their receipt. Non-standard and Custom Orders are non-refundable or non-returnable. Bowls and plumbing components cannot be returned if they have been hooked up to water supply unless under warranty. Electrical components are not eligible to be returned unless under warranty.

CLAIMS:  All merchandise is inspected prior to shipment. BEFORE YOU SIGN FOR YOUR DELIVERY, YOU MUST INSPECT THE SHIPMENT FOR DAMAGE AND SHORTAGES. If you believe for any reason the contents of your shipment have been damaged, please note this on your Bill of Lading. All merchandise damaged must be noted on the bill of lading delivery receipt and claim must be filed in writing with the carrier together with supporting documents. Failure to do so will be considered proof products were received without error, fault, or damage All claims for merchandise received not in accordance with acknowledgment must be made within five (5) business days of their receipt. All claims for damaged merchandise must be filed with the carrier and not Tensalon Development. Do not destroy packing material until shipment is inspected and the claim is settled. WHEN YOU ACCEPT SHIPMENT FROM THE FREIGHT CARRIER YOU ACKNOWLEDGE THE ARTICLE(S) WERE DELIVERED IN GOOD CONDITION AND WERE PROPERLY PACKED. MAKE SURE YOU RECEIVE THE # OF PACKAGES INDICATED ONTHE BILL OF LADING - TAKE PICTURES AND NOTE ANY DAMAGE OR SHORTAGE OF BOXESON THE BILL OF LADING. If more than fifteen (15) days after delivery, reasonable evidence must be submitted to the carrier to show that damage could not have occurred after delivery. Tensalon Development reserves the right to request photographs or other objective evidence. Tensalon Development is not responsible for damages to product caused by service personnel such as plumbers, electricians, and carpenters.  UNDER NO CIRCUMSTANCES SHALL TENSALON DEVELOPMENT  BE SUBJECT TO ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, OR CONTIGENT DAMAGES WHATSOEVER, EXPRESS, OR IMPLIED, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILTIY OR OTHER THEORY OF A LAW, ALL DAMAGES AND CLAIMS BEING SPECIFICALLY DISCLAIMED.

 

LEGAL:  All goods sold pursuant to this agreement shall be collateral, and Tensalon Development shall retain a security interest in, and right to repossess, the goods, until the purchase price for such goods has been paid in full. If Tensalon Development must sue to collect any balance on this account, the customer will be responsible for payment of all the seller’s legal fees and expenses of litigation, including the cost of any application to the court to recover those fees and expenses.