Terms and Conditions of Sale and Installation for Moderno KB

1. **Order Finality**: All orders for goods and services with Moderno KB are considered final and cannot be canceled, modified, or amended without express consent and permission from Moderno KB.

2. **Cancellation and Restocking Fee**: In the event of order cancellation with consent from Moderno KB, the Buyer shall be subject to a cancellation and restocking fee not exceeding 25% of the sale price of the item or items. This fee will be deducted from any funds deposited upon the execution of sale.

3. **Delivery and Installation**: Delivery and installation dates provided by Moderno KB are estimates and not guaranteed. If the Buyer refuses delivery or installation when goods are ready, they shall be responsible for storage charges and/or rescheduling fees.

4. **Responsibility for Damage and Defects**: Moderno KB shall not be liable for damage or defects caused by the Buyer’s misuse or neglect of the goods.

5. **Warranty Disclaimer**: Any express or implied warranties, including fitness for a particular purpose or merchantability, unless provided herein to the contrary, are disclaimed by Moderno KB.

6. **Limitation of Liability**: Moderno KB will not be responsible for compensatory, consequential, or exemplary damages resulting from delays in performance or other aspects of the sale and installation process.

7. **Variations in Products**: The Buyer acknowledges that products offered by Moderno KB may vary in color, texture, dimension, and other aspects. Moderno KB shall not be liable for damages resulting from natural variations or installation modifications.

8. **Additional Charges and Services**: The Buyer may incur additional charges for specific services such as sanding, polishing, or grinding marble and granite surfaces following installation, as per their requests.

9. **Costs of Collection**: In the event of breach of this agreement by the Buyer, Moderno KB is entitled to recover all costs of collection, including attorney fees.

10. **Governing Law and Venue**: Any litigation arising from this agreement shall be conducted in MARICOPA COUNTY, ARIZONA, and governed by the laws of the state and county of Moderno KB.

11. **Construction of Agreement**: Each party acknowledges their participation in the formation of this Agreement, and any ambiguities shall not be resolved against any specific party.

12. **Entire Agreement**: This Agreement constitutes the entire understanding between the parties and supersedes any prior agreements or understandings. No subsequent agreements shall modify this Agreement unless made in writing and signed by both parties.

Updated on 05/05/2024. Copyright 2014-2024 Moderno KB. All rights reserved.