Terms & Conditions
TERMS AND CONDITIONS OF SALE
BY PURCHASING A KATZKIN INTERIOR (“GOODS”) FROM KATZKIN LEATHER, INC. (“KATZKIN”) AND USING THIS WEBSITE, YOU (“BUYER”) ACKNOWLEDGE ACCEPTANCE OF THE FOLLOWING TERMS AND CONDITIONS OF SALE (“TERMS”). THESE TERMS, TOGETHER WITH THE INFORMATION ON THE ORDER, ARE REFERRED TO AS THIS “AGREEMENT” AND SHALL CONSTITUTE THE ENTIRE AGREEMENT BETWEEN KATZKIN AND BUYER AND SUPERSEDE ANY PREVIOUS AGREEMENT OR UNDERSTANDING (ORAL OR WRITTEN) BETWEEN THE PARTIES WITH RESPECT TO THE GOODS. ANY TERMS AND CONDITIONS OF THE ORDER WHICH ARE INCONSISTENT WITH THESE TERMS ARE REJECTED AND WILL NOT BE BINDING ON KATZKIN NOR CONSIDERED APPLICABLE TO THE SALE OR SHIPMENT OF GOODS. BUYER ACKNOWLEDGES AND AGREES THAT THE PURCHASE OF GOODS HEREUNDER SHALL NOT ENTITLE BUYER TO ANY FUTURE PURCHASE OF GOODS FROM KATZKIN.
- ORDERS: All orders for Goods placed by Buyer (“Order”) constitute an offer and are subject to acceptance by Katzkin. No Order shall be binding upon Katzkin until accepted by authorizing shipment of the Goods subject to the Order. Katzkin may refuse to accept any Order for any cause and shall not be liable for claims of any nature because of failure to accept an Order. Goods sold under these Terms are for use only in the United States and Canada. Goods shall only be shipped to locations within the United States and Canada. By entering an Order with Katzkin, Buyer certifies that it has provided Katzkin with complete and accurate information concerning the vehicle for which the Goods have been ordered. Buyer acknowledges that Katzkin is relying on the information provided by Buyer and understands and agrees that if Buyer fails to provide accurate information, the Goods may not fit and charges may be incurred for a replacement. Buyer further agrees that the Goods purchased are of the design and color selected by Buyer, and Buyer has relied solely on its own judgment in selecting the Goods. Buyer understands that colors as seen on Katzkin.com or a digital swatch card may not be representative of the actual color of the material. Physical swatch samples are available upon request and may incur a cost. The consumer is responsible for all design and color choices.
- PRICE AND PAYMENT: The price of Goods shall be Katzkin’s quoted price on the date the order is placed and shall be in US dollars. Available payment methods will be presented at the time of purchase. Buyer shall be responsible for all credit card costs associated with making payment to Katzkin. Partial shipments may be made for an Order and may be invoiced separately. The price of Goods does not include any sales, transaction, or similar taxes which Katzkin may be required to pay in connection with any Order. The amount of any applicable tax shall be paid as an additional charge and set forth on the invoice.
3.CANCELLATION OF ORDER:Katzkin reserves the right to cancel an Order for any reason, including where Katzkin believes the Order to be fraudulent or an error has occurred, subject to its obligation to refund any money paid by Buyer. Orders placed with and accepted by Katzkin may not be cancelled except with Katzkin’s prior written consent, which shall be at the sole discretion of Katzkin. Buyer may incur a cancellation fee as the Goods are made-to-order custom products. Buyer has 15 minutes after placing the order to adjust or cancel before a $500 fee is incurred. Buyer is not entitled to the product if canceled whether or not a cancellation fee is incurred. Once installed, Goods cannot be returned. Buyer understands that the original upholstery in Buyer’s vehicle will not be maintained and will be destroyed during installation of the Goods.
- SHIPPING; DELAYS: Katzkin will coordinate the shipping of the Goods to agreed upon installer via a third-party common carrier on Buyer’s behalf.Delivery of the Goods, including the transfer of title and risk of loss, will occur at the time and location Goods are loaded on the common carrier’s transport. Shipment dates are estimated and not guaranteed, and Katzkin shall not be liable to Buyer or any third party for any delay in delivery or shipping however occasioned. Scheduled installation dates are estimated and not guaranteed, and Katzkin shall not be liable for any rescheduling that may occur. If Buyer fails for whatever reason to take delivery of the Goods, Katzkin may store the Goods at Buyer’s costs and risk until actual delivery up to thirty (30) days and charge Buyer for reasonable storage costs; transport, shipping and handling costs; and insurance. After thirty (30) days, Katzkin may cancel the order and refund the customer the amount paid, less a $500 cancellation fee.
- FORCE MAJEURE: Failure of Katzkin to fulfill or perform its obligations under this Agreement shall be excused by any cause beyond Katzkin’s control, including, but not limited to: labor disputes, strike, lockouts, accidents, delays in manufacture or in transportation or delivery of materials, fire, flood, insurrection, war, terrorism, inability to obtain raw materials, epidemic, pandemic, or delays in transit or delivery. In the event the occurrence of such event interferes with Katzkin’s performance of its obligations, Katzkin may, at its option, cancel this Agreement or any Order without any liability to Buyer whatsoever resulting therefrom.
- WARRANTY: All Goods purchased pursuant to this Agreement are governed by the Katzkin Limited Warranty available at https://katzkin.com/warranty-registration/ (the “Warranty”) and, except as expressly provided in this Agreement, is the only warranty offered on the Goods. While this Agreement and the Warranty are intended to be read and applied in conjunction, where this Agreement and the Warranty conflict, the terms of the Warranty shall prevail.
- LIMITATIONS ON WARRANTY: TO THE EXTENT APPLICABLE BY LAW, THE REMEDIES PROVIDED IN THE WARRANTY AND THIS AGREEMENT ARE THE SOLE AND EXCLUSIVE WARRANTIES AND REMEDIES PROVIDED BY KATZKIN TO BUYER UNDER THIS AGREEMENT. EXCEPT AS SET OUT IN THE WARRANTY AND THIS AGREEMENT, AND TO THE EXTENT PERMITTED BY LAW, KATZKIN EXPRESSLY DISCLAIMS ALL OTHER REPRESENTATIONS, WARRANTIES, ENDORSEMENTS, AND CONDITIONS OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF TITLE OR NON-INFRINGEMENT AND ANY STATUTORY OR COMMON LAW IMPLIED REPRESENTATIONS, WARRANTIES AND CONDITIONS OF FITNESS FOR A PURPOSE, SUITABILITY, MERCHANTABILITY, MERCHANTABLE QUALITY, SATISFACTORY QUALITY, DURABILITY, OR ARISING FROM A COURSE OF DEALING OR USAGE OF TRADE.
- INDEMNITY: Buyer shall indemnify, defend and hold harmless Katzkin from and against any and all claims, actions, costs, expenses, damages and liabilities, including reasonable attorneys’ fees, brought against or incurred by Katzkin related to or arising out of this Agreement or the Goods supplied under this Agreement (collectively, the “Claims”), where such Claims were caused or contributed to by, in whole or in part, the acts, omissions, fault or negligence of the Buyer.
- LIMITATION ON REMEDIES:
NOTWITHSTANDING ANY OTHER TERM OF THIS AGREEMENT, IN NO EVENT SHALL KATZKIN AND/OR ITS OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS BE LIABLE TO BUYER OR ANY THIRD PARTY FOR ANY GENERAL, PECUNIARY, NON-PECUNIARY, INDIRECT, ECONOMIC, SPECIAL, COMMERCIAL, INCIDENTAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, LOST PROFITS, LOSS OF BUSINESS REVENUE OR EARNINGS, LOST DATA, LOSS OF OPPORTUNITY, DOWNTIME, AND DAMAGES CAUSED BY DELAYS OR A FAILURE TO REALIZE EXPECTED SAVINGS) IN ANY WAY RELATED TO OR ARISING FROM KATZKIN’S SUPPLY OF GOODS UNDER THIS AGREEMENT OR THE USE OR PERFORMANCE OF GOODS SUPPLIED UNDER THIS AGREEMENT.
BUYER WAIVES AND RELEASES KATZKIN OF AND FROM ANY AND ALL LIABILITY FOR ANY LOSS, DAMAGE, EXPENSE OR INJURY, INCLUDING DEATH, WHICH BUYER OR ANY THIRD PARTY MAY SUFFER RESULTING FROM BUYER’S OR THIRD PARTY’S USE OF GOODS SUPPLIED UNDER THIS AGREEMENT DUE TO ANY ACT, OMISSION, FAULT, NEGLIGENCE, BREACH OF CONTRACT, TORT, STRICT LIABILITY, OR BREACH OF ANY STATUTORY OR OTHER DUTY OF CARE OWED BY BUYER. IN NO EVENT SHALL SELLLER’S LIABILITY TO BUYER OR ANY THIRD PARTY CLAIMING DIRECTLY, THROUGH BUYER OR ON BUYER’S BEHALF UNDER THIS AGREEMENT EXCEED THE TOTAL COST OF GOODS SUPPLIED BY KATZKIN UNDER THIS AGREEMENT.
- CLAIMS: Buyer shall inspect the Goods upon installation.
- CHANGES IN GOODS: Katzkin may, at any time, without notice, make changes in any Goods, and may discontinue the manufacture of any Goods, in its sole discretion, without incurring any obligations of any kind as a result thereof, whether for failure to fill an Order accepted by Katzkin, or otherwise.
- INTELLECTUAL PROPERTY: Nothing in this Agreement shall be deemed to have given Buyer a license or any other rights to use any of the intellectual property rights of Katzkin.
- GOVERNING LAW AND JURISDICTION: This Agreement and all matters arising hereunder shall be governed by and construed in accordance with the laws of the State of California. The parties specifically agree that any action brought by a party to enforce any of the provisions of this Agreement shall be brought, heard and determined exclusively in either the state or federal courts located in Los Angeles County, California. The parties stipulate that the referenced venues are convenient. The parties acknowledge that all directions issued by the forum court, including, without limitation, all injunctions and other decrees, shall be binding and enforceable in all jurisdictions and countries.
- COMPLIANCE: Buyer acknowledges that the Goods, and any related technology that are sold or otherwise provided hereunder may be subject to export and other trade controls restricting the sale, export, re-export and/or transfer, directly or indirectly, of such Goods or technology to certain countries or parties, including, but not limited to, licensing requirements under applicable laws and regulations of the United States. It is the intention of Katzkin to comply with these laws, rules, and regulations. Any other provision of this Agreement to the contrary notwithstanding, Buyer shall comply with all such applicable all laws relating to the cross-border movement of goods or technology, and all related orders in effect from time to time, and equivalent measures. Buyer shall not resell, export, re-export, distribute, transfer, or dispose of the Goods or related technology, directly or indirectly, without first obtaining all necessary written permits, consents, and authorizations and completing such formalities as may be required under such laws, rules, and regulations.
Buyer represents and warrants that the Goods will be installed and used in the application identified in the Goods description. Buyer acknowledges that failure to install the Goods in the appropriate application may violate U.S. laws and regulations.
- MISCELLANEOUS: No amendment of this Agreement shall be valid unless it is in writing and signed by the parties hereto. Failure of either party to require performance by the other party of any provision hereof shall in no way affect the right to require such performance at any time thereafter or the enforceability of the Agreement generally, nor shall the waiver by a party of a breach of any of the provisions hereof constitute a waiver of any succeeding breach. Any provision of this Agreement that is invalid or unenforceable shall not affect the validity or enforceability of the remaining terms hereof. This Agreement is binding on the parties and their successors and assigns. Buyer shall not assign this Agreement without the prior written consent of Katzkin.