Online Purchasing Agreement

YOU AGREE AS FOLLOWS:

The terms of sale listed below apply to items purchased through this website, or any website owned or operated by Nanz Custom Hardware, Inc., its Affiliates, Officers, Directors or Agents (“Nanz”, “our”, “we”). The terms listed here apply only to purchases made through our e-commerce online platform.

Except in the case of gross negligence or willful misconduct, you agree to fully defend and indemnify Nanz against any liability arising out of your use of this website, your use or possession of any product purchased through this website, information that you provide to us and any transaction made on this website by you, whether or not you are acting on behalf of someone else.

All purchases are final and non refundable. Upon our receipt of your order, as evidenced by your payment made through this website, your payment will be processed. Nanz sells partially or fully custom items through this platform. In consideration for agreeing to manufacture and supply the products ordered, Nanz requires payment in full (unless Nanz agrees to accept a lessor amount in its sole discretion). You agree that it is commercially reasonable for Nanz to require payment to induce Nanz to commit to fulfilling your order. As such, cancellations, refunds, returns and modifications are all strictly prohibited.

Nanz reserves the right to decline or cancel orders at any time. Nanz assumes no responsibility for issues resulting from such cancellations. In the event of such cancellation, Nanz will promptly notify you and provide a refund of any payment received in connection with the cancelled order.

You are responsible for the remittance, calculation, and payment of sales, use or any tax resulting from your purchase. In some instances and when required by law, Nanz may calculate and remit sales or other similar taxes on your behalf. Notwithstanding any calculation or collection by Nanz, you agree that Nanz shall only be responsible for remittance of the actual tax collected. Nanz is not responsible for the calculation or payment of import duties or fees associated with the export of the finished goods out of the point of origin.

If you certify to Nanz that you are a business and have the intent to resell product purchased from Nanz, we may, in its sole discretion, apply a 20% “to the trade” discount. Additionally, Nanz may not collect sales taxes that it would otherwise be required to collect. Your certification that you are business exempt from sales tax will be evidenced by Nanz’ receipt and acceptance of a valid resale certificate, or other information requested by Nanz. Any “to the trade” discount is subject to review by Nanz. Nanz may require further verification of your eligibility, and this discount will be at the sole discretion of Nanz. If Nanz has accepted your order, removed sales tax and/or applied a discount, Nanz is doing so for convenience purposes only. Nanz reserves the right to remove any discounts and require remittance of any additional sum due prior to shipment. Failure to remit any additional amounts due within 15 days following Nanz’ notice will be treated as a non refundable cancellation, and you will not be entitled to any product or refunds.

Nanz will endeavor to fulfill your order as quickly as possible, and will supply you with an estimated ship date upon receipt of your order, or at your request. You acknowledge that items may not ship within the estimated time frame. As soon as Nanz becomes aware of a delay, you will be notified. You will not hold Nanz responsible for any expense or cost resulting from items shipping after their estimated ship date.

You agree to inspect all items purchased within 5 business days of delivery, or within 15 business days of shipment by Nanz. Any claims made must be received by Nanz within this time frame. You can contact Nanz at 212-367-7000. Items returned without written authorization by Nanz will be discarded, and no credit or refund will be given.

Warranty:

The Nanz Company warrants that all products will be free from mechanical defects for a period of (5) years from the date of purchase. Any part found to have a mechanical defect will be repaired or replaced by Nanz. Nanz may choose to refund the full purchase price of the product. This warranty does not cover labor costs or other costs associated with the installation, repair or replacement of the products. Nanz has not reviewed floor plans or door and casing details, and therefore cannot confirm compatibility of its product(s) with site conditions. The warranty does not cover damage caused by improper installation or maintenance or extraordinary use.
Statement on finishes: Nanz finishes are “living finishes” and are designed to improve and wear over time as they are used and exposed to the elements. Finishes are therefore not covered under this warranty.

This Agreement and any action related thereto will be governed by the laws of the State of New York.

Notwithstanding anything to the contrary in these terms, or in any other condition of sale, Nanz’ full liability arising in any way out of any product supplied by Nanz, or any transaction or business interaction you have with Nanz will be strictly limited to the value of the order placed. In no instance will Nanz be responsible for any consequential or similar costs or liabilities incurred by you.