These terms and conditions, including all of the terms and provisions set forth on both sides hereof, are the full and complete terms between Customer and Dong Vinh Restaurant Equipment Supplies Inc., also doing business as DV Restaurant Equipment Supplies (hereinafter referred to as “Dong Vinh”) and apply to Customer purchases from Dong Vinh. Customer shall be responsible for ensuring the accuracy of the terms of any order at the time of purchase, including price, quantity and description. Customer shall make the payment of the purchase price of the Items to Dong Vinh, by cash, credit card, or other means accepted by Dong Vinh. These terms and conditions may not be modified unless in a writing signed by Dong Vinh.
Any advice or recommendation given by Dong Vinh or its employees or agents to the Customer or its employees or agents as to the Items (including but not limited to the application or use of such Items) is accepted by Customer entirely at Customer’s own risk.
Transport/Risk of Loss/Damage: With regard to the Items purchased by Customer, Customer shall be responsible for handling the Items and transporting the items from the store location. Dong Vinh does not assume legal responsibility for Products which are stolen, lost, or damaged while being handled or transported by the Customer. All risk of damage or loss shall pass to the Customer at the time Customer pays the full purchase price for the Items. Until payment in full, title to the Items will remain with Dong Vinh.
Inspection and Acceptance. By taking possession of the Items, Customer acknowledges that the Items are visibly in good condition and without defect. Buyer shall inspect all shipments within 24 hours of taking possession of the Items. The Items will be deemed accepted after one business day, unless Buyer notifies Seller in writing of any shortages or mislabeled or incorrectly packaged Items and furnishes Dong Vinh with written evidence or other documentation reasonable required by Dong Vinh. If Customer timely and properly notifies Dong Vinh of any shortages or mislabeled or incorrectly packaged Items, then upon return of such Items to Dong Vinh, Dong Vinh will, in its sole discretion, (i) replace the Items with conforming Products or (ii) credit or refund the purchase price for the Item. THIS SHALL BE CUSTOMER’S EXCLUSIVE REMEDY. Customer further agrees that Dong Vinh will not be liable for any lost profits nor or any claim for demand against Customer by any other party.
Returns: Parts, custom Items, special order Items, furniture, and gas/electric powered Items are not permitted returns. Permitted returns must be made within ten (15) business days, and the Item must be unused, in its original packaging, accompanied by all accessories and documentation, and in the same condition in which it was received. All returns must be accompanied by a sales invoice, receipt or other proof of purchase. Returns will be subject to a twenty percent (20%) restocking fee.
NO WARRANTY. DONG VINH MAKES NO WARRANTIES, EXPRESS OR IMPLIED, AND DONG VINH EXPRESSLY EXCLUDES AND DISCLAIMS ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
Dong Vinh is a reseller. Customer shall be limited to only the manufacturer’s warranty, if any, in the event of any alleged defect. Dong Vinh may assist Customer in contacting the manufacturer if any Items are defective, but securing repair or replacement product under the terms of the manufacturer’s warranty ultimately be solely Customer’s responsibility.
LIMITATION OF LIABILITY: DONG VINH’S LIABILITY UNDER, FOR BREACH OF, OR ARISING OUT OF THIS AGREEMENT AND/OR SALE SHALL BE LIMITED TO REFUND OF THE PURCHASE PRICE OF THE ITEM. IN NO EVENT SHALL DONG VINH BE LIABLE FOR COSTS OF PROCUREMENT OF SUBSTITUTE GOODS BY THE CUSTOMER. IN NO EVENT SHALL DONG VINH BE LIABLE FOR ANY INDIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL, OR OTHER DAMAGES OF ANY KIND (INCLUDING WITHOUT LIMITATION LOSS OF PROFIT) WHETHER OR NOT DONG VINH HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS, HOWEVER CAUSED, WHETHER FOR BREACH OR REPUDIATION OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, OR OTHERWISE. THIS EXCLUSION ALSO INCLUDES ANY LIABILITY WHICH MAY ARISE OUT OF THIRD-PARTY CLAIMS AGAINST CUSTOMER. THE ESSENTIAL PURPOSE OF THIS PROVISION IS TO LIMIT THE POTENTIAL LIABILITY OF DONG VINH ARISING OUT OF THIS AGREEMENT AND/OR SALE.