1. Acceptance of Orders
- All orders are subject to our express acceptance via a confirmation of your sales order. No order placed by a dealer ("you," "your," "Dealer," or "Purchaser") shall be deemed to be accepted by Zocalo until Zocalo issues you a final acceptance notification and confirmation of the order. All orders are fulfilled subject to these terms and conditions of sale ("Terms and Conditions") unless otherwise varied by an agreement in writing.
- Zocalo reserves the right to decline orders from any Dealer.
- Zocalo reserves the right to restrict sales by a Dealer to a particular territory.
- No Auction Sites. You may not sell any new Zocalo merchandise on e-Bay or any other auction style site.
- No Trans-Shipping. Dealers may not support or supply other resellers who advertise below the published MAP price, and Zocalo may refuse to sell Zocalo merchandise to you if you are in any way related to such a reseller.
2. Payment
- Past due accounts are subject to a late fee of 1.5% per month on the delinquent amount and no shipments will be made on any past due accounts. Dealer agrees to be liable for all collection costs incurred by Zocalo including, but not limited to, attorney and collection agency fees, and all related disbursements.
- A $25 returned check charge will be assessed for any check returned for any reason.
- All merchandise is sold with the intention of resale by Dealer and any applicable taxes are the responsibility of Dealer.
- Prices and specifications are subject to change without notice.
- A 25% restocking fee shall be assessed for any orders that are refused or canceled after they are put into production and for any merchandise returned to Zocalo without proper authorization.
- Fuel surcharges are subject to changes in the market and shall be passed on to Dealer should they be levied on Zocalo.
3. Delivery and Returns
- All prices are FOB Zocalo warehouse unless otherwise specified. All merchandise becomes the property of the Purchaser upon delivery to the carrier.
- Zocalo does not ship to private residences. Zocalo only ships to wholesalers.
- Purchaser shall have ten (10) days from the date of delivery to inspect the merchandise and notify Zocalo of any damaged merchandise or incorrect orders. Claims made more than ten (10) days after delivery of merchandise will not be honored. Please see the Returns Policy located at ______________ for specific information regarding returns and claims for damage.
- Zocalo ships by common carrier and delivery dates are not guaranteed. Zocalo will make every effort to adhere to the delivery dates provided but assumes no liability in the event of delays.
4. Warranties
- All goods sold by Zocalo are warranted free from defects in material and workmanship for a period of one (1) year from the date of delivery. Notwithstanding the foregoing, there are no warranties or guarantees, express or implied, whether of fitness for a particular purpose, of merchantability, or otherwise. All warranties or guarantees that may be implied by law, custom, or usage are expressly disclaimed.
- Zocalo does not warrant the wearing ability, color-fastness, stretching or shrinking of furniture or accessories, as they are not guaranteed by the manufacturer. Colors may vary somewhat due to dye lot variations and therefore Zocalo assumes no responsibility for variations between sample swatches and the final product.
- Zocalo does not warrant color and grain variations in wood and leather. Additionally, the inherent characteristics of fine woods affect how they absorb stains. As a result, Zocalo cannot ensure the matching of related pieces or various surface stains on the same item.
- Fossil stone, marble, and granite are natural products. Inconsistencies in color and grain should be expected and appreciated. Fillers are often used to enhance the surface beauty. These characteristics are within industry standards and are acceptable and Zocalo makes no warranty with respect thereto.
- Glass, mirrors and metal finishes may be subject to small seeds, slight areas of discoloration, minor surface or subsurface scratches. Inconsistent weld points are inevitable in furniture hand crafted of metal. These characteristics are within industry standards and are acceptable and Zocalo makes no warranty with respect thereto.
5. Trademarks and Copyrights
- You acknowledge and agree that Zocalo owns all rights in and to the copyrights, trademarks and intellectual property rights (including pictures, designs, logos, photographs, text and other materials) associated with the content of the Zocalo website, any Zocalo catalog, and/or all Zocalo merchandise ("Zocalo Intellectual Property").
- You may use certain Zocalo Intellectual Property in your marketing collateral and on your website, as provided to you and approved in advance by Zocalo. You may not alter the Zocalo Intellectual Property in any way.
6. Miscellaneous
- Limitation of Liability. Zocalo shall under no circumstances whatsoever be liable for any indirect or consequential loss howsoever caused and Zocalo's liability in respect of breach or non-performance of any order shall be limited to the invoiced value to which the claim relates.
- Force Majeure. In the event that the Company is prevented from carrying out its obligations as a result of any cause beyond its control such as but not limited to acts of god, war, strikes, lock-outs, flood and failure of third parties to deliver goods, Zocalo shall be relieved of its obligations and liabilities for as long as such fulfillment is prevented.
- Governing Law. These Terms & Conditions shall be governed by and construed in accordance with the laws of California and the parties hereby submit to the exclusive jurisdiction of the Courts of the Northern District of California.
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Terms & Conditions