{"id":324,"date":"2019-01-11T22:28:09","date_gmt":"2019-01-11T22:28:09","guid":{"rendered":"http:\/\/encompassshowerbases.myblennd.com\/?page_id=324"},"modified":"2024-02-19T15:53:48","modified_gmt":"2024-02-19T22:53:48","slug":"terms-conditions","status":"publish","type":"page","link":"https:\/\/encompassshowerbases.com\/terms-conditions\/","title":{"rendered":"Terms and Conditions of Sale and Service"},"content":{"rendered":"

These Terms and Conditions of Sale and Service apply to any product (each \u201cProduct\u201d) Ordered or purchased from or through the website located at www.encompassshowerbases.com<\/a> (the \u201cWebsite\u201d). By using the Website to place any Order for any Product(s) (an \u201cOrder\u201d) the Customer (\u201cBuyer\u201d) hereby accepts and agrees to be bound by the Terms and Conditions of Sale and Service, and such terms are a legally binding agreement between Buyer and Encompass Shower Bases LLC (\u201cSeller\u201d).<\/span><\/p>\n

All prices on the Website or provided via email in an estimate are stated in US dollars. By submitting an online Order or submitting a payment against an electronic estimate or invoice, Buyer represents that Buyer has the authority to commit to these terms and conditions of sale. Buyer also agrees that submission of an Order through the Website or by submitting full payment against an electronic invoice acts as an electronic signature with the same legal effect as signing this agreement and with such electronic signature this agreement is deemed valid, authentic, enforceable, and binding. By placing an Order, Buyer consents to the collection and use of personal information about Buyer that will be used to process Buyer’s Order and use in accordance with Seller\u2019s Privacy Policy<\/a>. Buyer acknowledges and understands that any credit card payments for Orders will be processed using a third party payment processor. Seller will NOT have possession of credit card information and is not responsible for any acts or omissions of any third party payment processor.<\/span><\/p>\n

GENERAL PRODUCT INFORMATION<\/span><\/strong><\/h2>\n

Encompass shower bases require that the existing drain be moved to the center front area of the shower. Although there are detailed installation instructions the information below will help familiarize buyers with some of the preparation and changes required to install the new base. If the installer does not not have access to the underside of the base from a basement, crawl space etc., a portion of the subfloor under, and in front of the base will need be cut out in order to move the existing drain to the front area, add blocking support, and complete the final connection to the base. This is a one piece base and although the majority of the base will rest on the subfloor, a narrow part of the length of the drain body (3 inches wide) will recess through the subfloor or floor material. <\/span><\/p>\n

Once installed, the base will set 3\/4″ above the floor surface that it is installed on, not including the 3\/16\u201d bump on the very front top of the base. In most applications this should allow the base to flush out with the floor materials to include backer board and tile once installed. The base must be installed level and on a solid flat surface with no floor deflection. If the project involves installing a new tile floor, it is recommended that all flooring materials that interface with the front of the shower pan be installed after the base is fully installed. Plan the backer board, tile and mastic thickness around the 3\/4\u201d thickness.<\/span><\/p>\n

If the project involves installing with an existing tile or other floor material already in place, the installer must carefully measure and dry fit the base to determine where the existing floor material will need to be cut along the front of the base. If the installer does not have access from the underside of the base to connect the plumbing, plan to remove tile and subfloor in an area in front of the base.<\/span><\/p>\n

Prior to installing a base the installer should review the installation guide before starting the installation. This is available online or can be emailed upon request.<\/span><\/p>\n

The Encompass shower base will handle up to 5 gallons per minute with a 2 inch waste pipe (equivalent to two standard shower heads @ 2 \u00bd gallons per head) and 3 \u00bd gallons per minute for a 1 \u00bd inch waste pipe. The manufacturer’s dimensional tolerance is +\/- 0.1875 inches. Any finished product that is within this tolerance meets quality standards and is conclusively determined to meet specifications.<\/span><\/p>\n

COLORS AND SEAMS<\/span><\/strong><\/h2>\n

The Encompass Shower Base will have up to two seams in the floor of the base depending on how deep the base is. On bases that are 36\u201d deep or less there will be one seam that will join the drain body to the floor of the base. On bases that are deeper than 36\u201d there will be an additional seam toward the rear of the base. These seams join the material with adhesives that make a chemical bond and are very strong. Solid and particular colors will have seams that result in what is referred to as \u201cnear invisible\u201d seam lines. These are very inconspicuous and may be difficult to see. Many colors have irregular and random streaks, swirls, and multiple colors throughout the sheets of materials which increases the likelihood of seeing a seam. Due to the randomness and multiple colors within these sheets these colors present somewhat more visible seams because of the disruption in the pattern and background color. Despite best efforts during the manufacturing process to achieve the best seams possible, the material’s unique colors and patterns may impact how visible a seam appears between two seamed pieces. Some seams will be near perfect while others may be more visible. Regardless of the seam’s appearance, all seams will perform the same. <\/span><\/p>\n

PERMITS, FEES, DUTIES AND TAXES<\/span><\/strong><\/h2>\n

Buyer is responsible for any required permits or fees relating to their remodel project and install of the base. If applicable, Buyer should contact Buyer’s local building department before installation to ensure local building code compliance. For any Buyer located within the United States, Seller will add any required sales tax to the Order and Buyer will pay such tax, which Seller will collect and forward to the appropriate governmental entity(ies). <\/span><\/p>\n

For any Buyer with a delivery address in Canada, Seller will not collect any tax and Buyer must pay their selected customs broker any and all fees associated with the Buyer’s broker as well as any applicable local or federal taxes that may be due in Canada related to an Order. Seller will not arrange for pick-up of the shipment from Seller’s facility until Buyer has provided Seller with the name of its customs broker and been set up with the broker. Because Seller’s products are manufactured in the USA and meet the requirements of the United Sates-Mexico-Canada Agreement (USMCA), there is no duty owed on custom shower bases or pieces. Only the local taxes must be paid by Buyer based on the shipment’s destination address. <\/span><\/p>\n

If for any reason it is determined by any governmental entity that Seller failed to collect the proper amount of sales tax due on a particular Order, Seller will notify Buyer and Buyer will remit payment within three days for any additional tax owed.<\/span><\/p>\n

PAYMENT TERMS<\/span><\/strong><\/h2>\n

Because this is a custom made-to-order product, full payment is due when the order is placed. The return fee on bad checks is $25. Should any payment balances be left open beyond 10 days after taking possession of the base a 1.5% finance per month may apply.<\/span><\/p>\n

PRODUCT LEAD TIMES<\/span><\/strong><\/h2>\n

It is understood that custom products, especially high demand ones, make it difficult at times to maintain a consistent published lead time from time of order to product pick-up or ship date. With unpredictable spikes in orders being submitted at any given time it is impossible to provide stable and short \u201corder to pick-up\/ship date\u201d lead times. Therefore, any indicated lead time is a broad estimate of the time the Buyer\u2019s base will take from the date the order is placed to the anticipated pick-up or ship date.<\/span><\/p>\n

LIMITED PRODUCT WARRANTY<\/span><\/strong><\/h2>\n

Seller warrants its manufactured solid surface shower base products to be free from defects in workmanship, subject to the limitations set forth in this Limited Warranty. This warranty covers these products under normal use and service for the purpose for which it was designed in a residential environment for a period of three (3) years from the original proof of purchase date to the original owner or end user and is not transferable to a subsequent owner. Seller reserves the right to modify this warranty at any time, but any such modification will not alter the warranty conditions in force at the time of the sale of a respective product.<\/span><\/p>\n

This Limited Warranty covers the product for typical interior use in the United States. Labor charges incurred during any removal or installations are not included within this warranty.<\/strong> <\/span><\/p>\n

Seller will, at its option, repair, replace or refund the purchase price of the product to the original purchaser if the Encompass solid surface product fails due to a manufacturing defect within the warranty period. Coverage under this limited warranty can be obtained by providing proof of the date and receipt of initial purchase and by providing a written description of the damage\/failure and digital photographs of the product\u2019s failure. Units opted for repair must be returned prepaid freight to Seller. Replacement or repair shall not include any labor charges. Any new replacement or repair warranty will be valid for the remaining warranty term. Seller will ship to the original purchaser, freight collect, the product that has been either repaired or replaced under this limited warranty.<\/span><\/p>\n

LIMITED WARRANTY DOES NOT COVER<\/span><\/strong><\/h2>\n

(1) Failures or damage caused by shipping and handling, normal wear and tear or lack of proper maintenance and cleaning; (2) Alterations or modifications to the product from its original design or use, relocation, or damage or failures due to physical abuse or unintended use; (3) Failures or damage caused by carelessness, negligence, abuse, misuse, misapplication, accident, improper installation or repair, alteration, freezing, shifting, lack of recommended maintenance, movement or settling of the original installed and adjoined surfaces, damage from chemical or natural corrosion, caulking, adhesive or accessory failures, flood, fire, accident, or other casualty, and bases used in high heat areas such as steam showers; or (4) Failures, issues, or losses relating to improper installation or use relating to local plumbing, electrical, or any other related local building codes and permitting requirements.\u00a0 <\/span><\/p>\n

To the extent permitted by prevailing law, implied warranties, including those of merchantability and fitness for a particular purpose are limited to the duration of this warranty. This warranty does not cover any special, incidental or consequential damages, such as labor expenses, whether arising out of breach of warranty, breach of contract, tort, or otherwise. Any affirmation, representation, or warranty other than those contained in this warranty shall not be enforceable against Seller or any other person. Any re-sale of display type units, are not warranted unless there is proof of purchase, they are not installed and can reasonably be inspected by Encompass Shower Bases LLC prior to a proposed sale.<\/span><\/p>\n

In addition to the conditions and limitations above, the warranty period for products sold and installed for commercial (non-residential) applications and environments is for (1) year from the original date of purchase by the builder, contractor, end user\/owner, or dealer.<\/span><\/p>\n

PRODUCT RETURN POLICY<\/span><\/strong><\/h2>\n

The Website has an array of information available to assist in familiarizing Buyer with Seller\u2019s products during the order process, to include a frequently asked questions page, specification sheets on each base configuration, section drawings, installation guides, installation video, product testing, and materials specification data. Buyer should review the applicable information related to Buyer\u2019s project. Should Buyer have any questions about Seller\u2019s shower base configurations, Buyer should contact Seller\u2019s sales and technical staff to discuss Buyer\u2019s project, applications, and overview of the installation. <\/span><\/p>\n

ALL SHOWER BASE PRODUCTS ARE MADE TO CUSTOM SIZES TO MEET EACH CUSTOMER’S NEEDS. THEREFORE, ONCE AN ORDER IS PLACED AND CONFIRMED, ORDERS CANNOT BE CANCELLED AND ARE NOT RETURNABLE OR REFUNDABLE AFTER RECEIPT. PURCHASED SAMPLES ARE ALSO NOT RETURNABLE. ALL SALES ARE FINAL.<\/strong><\/span><\/p>\n

RETURN EXCEPTIONS<\/span><\/strong><\/h2>\n

SHIPPING DAMAGE\u00a0\u00a0<\/span><\/strong><\/h2>\n

Returns can be made as a result of in-transit shipping damage if Buyer follows all the damage claim instructions below under \u201cShipping Policy.\u201d If the Return instructions are not followed by Buyer or Buyer\u2019s designated receiver of the shipment and a damage claim with the delivering carrier (\u201cTransporter\u201d) cannot be filed due to a lack of proper inspection by Buyer or Buyer\u2019s representative or a filing results in a denied claim, Seller will not accept a return of any product and no refund can be made. Under these conditions if Buyer wants to replace the Product, a new order must be placed with full payment for the Product, including applicable crating and shipping fees.<\/span><\/p>\n

MANUFACTURING ERROR<\/strong><\/span><\/h2>\n

If the Product received by Buyer is not \u201cas ordered\u201d per the Buyer\u2019s Order on file and Seller\u2019s confirmation records confirm an error in what was shipped regarding the Product\u2019s model, size, color, or options as ordered, Seller will replace the Product, including crating and shipping, at no charge. Seller will require customer to provide pictures and\/or other related support information about the Product to verify the error before Seller can approve and provide a replacement. Buyer agrees to cooperate and provide Seller with adequate information as deemed necessary to clearly prove the error. Once verified and approved by Seller, Seller will prioritize the internal manufacture of the replacement Product, and the shipment will be on the same or similar carrier and priority as the original shipment.<\/span><\/p>\n

PRODUCT DEFECT<\/strong><\/span><\/h2>\n

If the Product is determined to be defective in workmanship or material, the sole and exclusive remedy for merchandise alleged to be defective will be the replacement or repair of the Product subject to the Seller\u2019s inspection and warranty. Buyer is required to provide pictures and\/or other related support information as requested by Seller for clear proof of defect before any replacement will be approved or disapproved. If findings clearly prove a defect in manufacturing or material, and repairs are not found practical by Seller, Seller will, at Seller\u2019s cost, prioritize the internal manufacture of the replacement Product, and the shipment to Buyer will be on the same or similar carrier and priority as the original shipment. Prior to shipping a replacement product, Seller will request buyer to either return the defective base in the original shipment packaging via original carrier at Seller\u2019s expense, or Seller will request Buyer to destroy the original base and provide adequate proof of such. Seller will provide the required shipping documents to Buyer for placement on the return shipment. No product returns will be accepted or paid for without a Return Material Authorization \u201cRMA\u201d from Seller.<\/span><\/p>\n

SHIPPING POLICY<\/span><\/strong><\/h2>\n

PACKAGING AND SHIPPING<\/span><\/strong><\/h2>\n

Buyer’s order will be inspected once it is fabricated to verify it complies with quality standards and the order documents. All orders will ship when complete. Anything held beyond 10 business days may be subject to storage fees. Encompass shower bases are custom packaged with extreme care and personal attention. The containers are custom built per product and designed to withstand extreme conditions, however the product is not packaged to be moisture protected. Photographs of the order, or a representative portion, with the packaging, are recorded and retained for Buyer’s assurance.\u00a0 The weight and size of the containers are recorded and can be forwarded if needed to aid in preparation for the arrival.\u00a0Upon transfer to the carrier Buyer will be given notice the Product has been sent and tracking information will be communicated for Buyer’s convenience.<\/span><\/p>\n

RECEIVING PROCEDURES<\/span><\/strong><\/h2>\n

Transporter may contact Buyer via phone and\/or email about timing of delivery, particularly when large parcels are concerned. Preparations could be needed for the proper unloading, as a lift tailgate, forklift, or pallet jack may be necessary.\u00a0 It is always best for Buyer to be present when the parcel is unloaded and delivered.\u00a0 Should Transporter’s driver unload the Product and leave, Buyer may have difficulty addressing any issues related to Transporter\u2019s service.\u00a0 <\/span><\/p>\n

Transporter will unload the parcel and ask Buyer for a signature of receipt. The signature represents that Buyer (or their authorized representative) is accepting the parcel as it is and that it has been satisfactorily delivered.\u00a0<\/span><\/p>\n

NOTICE: At time of delivery and BEFORE the Transporter’s driver leaves, Buyer or Buyer’s designated receiver MUST take time to INSPECT the shipment for known and concealed damage. If Buyer or Buyer’s designee accepting the delivery fails to THOROUGHLY INSPECT the shipment for damage, BUYER WILL BE SOLELY RESPONSIBLE FOR FILING A CLAIM AND WITHOUT SOUND PROOF OF DAMAGE CAUSED BY THE TRANSPORTER, BUYER MAY NOT BE COMPENSATED FOR ANY MONETARY LOSS OF THE PRODUCT SHIPPED OR THE COST OF SHIPPING. <\/strong><\/span><\/p>\n

BEFORE THE DELIVERY PERSON LEAVES,\u00a0BUYER MUST OPEN THE SHIPPING CONTAINER AND THOROUGHLY INSPECT THE PRODUCT. BUYER SHOULD HAVE A STRAP-CUTTING TOOL OR SCISSORS ON HAND AT THE TIME OF DELIVERY SO THAT THE LID CAN BE OPENED. If Buyer notices that the Product within the shipping container has been damaged, Buyer should refuse the delivery and write detailed feedback on the \u201cBill of Lading\u201d (or it might also be called \u201cProof of Delivery\u201d or \u201cShipping Receipt\u201d), explaining that the delivery is refused because of specific damage. If Buyer wishes to accept a damaged Product, Buyer must MAKE A CLEAR NOTE DESCRIBING THE DAMAGE ON THE TRANSPORTER’S BILL OF LADING OR RELATED RECEIPT DOCUMENT, THEN MAKE AN EXACT COPY OF THIS DOCUMENT (SO THAT BOTH COPIES MATCH IF A DAMAGES CLAIM MUST BE FILED). IF BUYER HAS TO MAKE A DUPLICATE WRITTEN COPY, HAVE THE DRIVER PRINT AND SIGN BOTH DOCUMENTS SO THAT THE BUYER RETAINS A COPY.<\/strong><\/span><\/h4>\n

BUYER MUST TAKE PICTURES OF ALL DAMAGE TO THE PRODUCT AND OF ALL THE PACKAGING MATERIALS. IF BUYER IS IN POSSESSION OF A DAMAGED DELIVERY, DO NOT THROW AWAY THE BOX, PALLET OR ANY OF THE PACKING MATERIALS UNTIL TOLD TO DO SO BY SELLER’S CLAIMS HANDLER. AFTER CLAIM FILING, THE TRANSPORTER WILL LIKELY SET AN APPOINTMENT WITH BUYER TO INSPECT THE DAMAGES AFTER THE CLAIM IS FILED.<\/strong><\/span><\/p>\n

Claims for concealed damage must be filed within 3 days of delivery and Buyer must be able to prove that such damage did not happen at the destination after it was delivered. Should Buyer not follow the above procedures, it may be difficult for Buyer to process a claim against the transporter and receive any reimbursement.<\/span><\/p>\n

WITHIN 48 HOURS BUYER MUST NOTIFY SELLER by calling 303-798-5547 during normal business hours of 7:00AM-3:30PM Mountain Time or sending an email to info@encompassshowerbases.com to report the damage so a claim process can be initiated. <\/strong><\/span><\/p>\n

It is unfortunate for all parties involved when freight damages occur. Seller recognizes that it is important to file a damage claim as soon as possible so that replacement Product can be manufactured and shipped without unnecessary delays. Seller will assume damage claim filing responsibility only after Buyer or Buyer’s designated receiver timely provides the following information collected at time of delivery. Within no less than 48 hours of receipt of damaged freight, this info must be sent to info@encompassshowerbases.com: <\/span><\/p>\n

    \n
  1. Duplicate copy of transporter’s receiving document, which must include written detail describing any damage to the product on the inside of the packaging and written details describing any damage to the outside of applicable pallet, crate, corrugated material, strapping, etc. <\/span><\/li>\n
  2. Pictures of damaged product while product within the packaging (when top of packaging is opened), and pictures of base once removed from the packaging. \u00a0 <\/span><\/li>\n
  3. Pictures of the packaging. Do not destroy or dispose of any packaging until told to do so by Seller. <\/span><\/li>\n<\/ol>\n

    Once Seller receives the above document(s) and pictures of the damages to the Product from Buyer, Seller will review and contact Buyer if any additional information is required. Once Seller has adequate supporting information, Seller will file the claim with Transporter. Within a few days of filing, Buyer may receive a call from Transporter to set an appointment for them to inspect the product damage and the packaging. Any delays with this inspection will further delay resolution. All claims will be resolved based upon the merits of the claim investigation by Transporter. <\/span><\/p>\n

    After a claim is filed it can take up to 30 days to receive a final disposition of the claim. If documentation and pictures are not adequate, an inspection may add additional processing time.<\/span><\/p>\n

    REPLACEMENT PRODUCT RELATED TO FREIGHT DAMAGE<\/span><\/strong><\/h2>\n

    REPLACEMENT OPTION #1<\/span><\/strong><\/h2>\n

    Once a claim is filed including all required damage information listed in \u201cShipping Policy\u201d above has been provided by Seller, a copy will be sent to Buyer. Buyer will then initiate a replacement order for the exact specifications of the original base. Once payment and exact specifications are confirmed by Seller, Seller will initiate production of the replacement base with a priority rush status. This status typically results in a ship date within 3 to 7 days depending upon the current lead times. Once Seller receives claim resolution from Transporter, a copy will be sent to Buyer. Any claim payments once received from Transporter by the Seller will be refunded to Buyer up to the amount of the Buyer\u2019s initial order. <\/span><\/p>\n

    REPLACEMENT OPTION #2<\/span><\/strong><\/h2>\n

    Once a claim is filed including all required damage information listed in \u201cShipping Policy\u201d above has been provided by Seller, a copy will be sent to Buyer. Buyer and Seller will await a resolution of the claim by Transporter. No action will be taken by Seller to replace the base until a notice of resolution is received by Seller from Transporter. Once received, Seller will send a copy of claim resolution to Buyer. If the claim is approved for full monetary costs of a replacement product, including shipping and packing costs to Seller, Buyer will have the option to request Seller to initiate the manufacture of a replacement base with a priority rush status or request a refund up to the amount of Buyer’s initial order. <\/span><\/p>\n

    DENIED CLAIMS<\/span><\/strong><\/h2>\n

    If any claim filing is denied by Transporter as a result of a lack of sufficient documented proof of damage or related information from Buyer per this Shipping Policy, Buyer understands Seller is not obligated to provide any refund or replacement of any product. If the claim filling results in only a partial payment for damage or repair costs or other reasons, if due to insufficient proof of damage provided by Buyer, Seller will refund the full amount of the partial claim payment for repair to Buyer and Buyer agrees to assume all repair responsibility. If a claim is denied by Transporter because of improper packaging by Seller, and sufficient documented proof of damage or related information was provided from Buyer per this Shipping Policy, Seller will expedite a replacement of the same Product as originally ordered at Seller’s expense, including packaging and shipping costs.<\/span><\/p>\n

    INSPECTION AND ACCEPTANCE<\/span><\/strong><\/h2>\n

    Following receipt of any shipped Products, if Seller is not notified of any product shortages or damages within 48 hours of delivery, Buyer shall be deemed to have irrevocably accepted any products not previously rejected or accepted by Buyer. After acceptance, Buyer shall have no right to reject the products for any reason whatsoever or to revoke acceptance or rejection. Buyer shall have no right to request any change or modification to any Product previously ordered by Buyer or its representatives or cancel any Order without Seller\u2019s prior written consent. Custom manufactured or fabricated products may not be cancelled or returned, and no refund will be made.<\/span><\/p>\n

    ORDER<\/span><\/strong><\/h2>\n

    Before Buyer makes payment on an Order, Buyer agrees to verify and confirm all the detailed information that has been entered through the Order process. Seller reserves the right, in its sole discretion, to cancel Orders or to limit quantities of any product purchases, with any particular Order, or an Order made by a particular customer or company. Orders cannot be made for the purposes of resale unless approved in writing by Seller. Should an Order be cancelled or Seller limits the quantity of particular product(s), Seller will provide email notification to the email address or via other information located in Buyer’s account. A refund will then be initiated for the amount owed via the original payment method.<\/span><\/p>\n

    SHIPPING DESTINATION LIMITATIONS<\/span><\/strong><\/h2>\n

    Seller will only ship to addresses in the United States and Canada. All shipments will default to \u201cresidential\u201d delivery. If Buyer wishes to have their Product(s) shipped to a \u201ccommercial\u201d address or want other non-standard delivery services, Buyer must email Seller this request at least 3 days before the estimated ship date. Most often, the shipping costs remain the same but if the fees increase from the original costs provided on the Order, Seller may delay the shipment until the charges for the additional services requested by Buyer are paid by Buyer. <\/span><\/p>\n

    If at the time of delivery, no one is there to accept delivery and inspect the delivery or delivery must be otherwise re-scheduled, it is Buyer’s responsibility to make other arrangements with Transporter and Buyer will be responsible for any additional costs. It is understood that any added costs caused by or initiated by Buyer with Transporter above the original shipping costs identified in Buyer’s Order, may be charged back to Buyer’s credit card or be invoiced separately, and Buyer agrees to pay. Buyer may also request that Transporter hold Buyer’s shipment and pick up the Product(s) at Transporter’s location and avoid added delivery costs. Transporter may have a minimum timeframe that they will hold Buyer’s shipment before added costs to store the shipment are charged to Buyer.<\/span><\/p>\n

    INDEMNIFICATION<\/span><\/h2>\n

    Seller shall not be responsible for any losses or damages sustained by the Buyer or any other person as a result of improper installation, application or care and maintenance of products manufactured or sold. Buyer shall defend, indemnify and hold harmless Seller and its agents and employees from and against any loss, damage, claim, suit, liability, judgment or expense (including, without limitation, reasonable attorney\u2019s fees and costs) arising out of or in connection with an injury, disease or death of persons (including, without limitation, Buyer’s employees and agents) or damage to or loss of any property or the environment, or violation of any applicable laws or regulations resulting from or in connection with the sale, transportation, installation, use or repair of the products by Buyer or of the information, designs, services or other work supplied to Buyer, whether caused by the concurrent and or contributory negligence of the Buyer, Seller, or any of their agents, employees or suppliers. The obligations, indemnities and covenants contained in this paragraph shall survive the consummation or termination of this transaction.<\/span><\/p>\n

    LIMIT OF LIABILITY<\/span><\/strong><\/h2>\n

    SELLER’S AGGREGATE LIABILITY TO BUYER UNDER OR FOR ANY BREACH OF THIS AGREEMENT WILL NOT EXCEED THE AMOUNT PAID BY BUYER TO SELLER PURSUANT TO THIS AGREEMENT. SELLER WILL NOT BE LIABLE TO BUYER FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING LOST PROFITS) REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, PRODUCT LIABILITY OR OTHERWISE, EVEN IF SELLER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL SELLER BE LIABLE FOR COSTS OF PROCUREMENT OF SUBSTITUTE PRODUCTS OR SERVICES. THE PRECEDING LIMITATIONS OF LIABILITY DO NOT APPLY TO ANY LIABILITIES THAT CANNOT BE EXCLUDED OR LIMITED BY APPLICABLE LAWS. SPECIFICALLY, THIS SECTION DOES NOT APPLY IN THE EVENT OF STATUTORILY MANDATED LIABILITY (INCLUDING LIABILITY UNDER APPLICABLE PRODUCT LIABILITY LAW) OR IN THE EVENT OF PERSONAL INJURY ARISING FROM SELLER’S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT.<\/span><\/strong><\/p>\n

    FORCE MAJEURE<\/span><\/strong><\/h2>\n

    If Seller is unable to fulfil an Order due to events outside of its reasonable control, including but not limited to acts of God, fire, strike, lock out, labor controversy or shortage, civil unrest, unavailability of public infrastructure, unavailability of public telecommunications systems, war, terrorism, quarantine, change in applicable laws, or act of government, Seller reserves the right at its sole discretion, to extend the estimated delivery date to one which is reasonably practicable or to cancel the Order and offer a refund.<\/span><\/p>\n

    GOVERNING LAW<\/strong>\u00a0<\/span><\/h2>\n

    Any claim relating to any Order via the Website or by direct Order outside the website shall be governed by the laws of the State of Colorado without regard to its conflict of law provisions. In the event of a dispute between Buyer and Seller, Buyer agrees to submit to the non-exclusive jurisdiction of the United States District Court for the District of Colorado in Denver, or the Adams County District Court in Colorado. Buyer hereby waives any right to a trial by jury and the commencement of or participation in any class action against Encompass Shower Bases LLC, its affiliates, its distributors and\/or its authorized resellers related to the Website, the Product, and\/or the ordering of the Product through the Website, and where applicable, Buyer also agrees to opt out of any class proceeding against Encompass Shower Bases LLC. This provision may not be enforceable pursuant to the laws in the jurisdiction in which Buyer resides and, in such cases, the provision can be modified to comply with applicable law.<\/span><\/p>\n

    SEVERABILITY<\/span><\/strong><\/h2>\n

    If any provision or a portion of a provision of the terms and conditions of sale contained herein which is held by a court of competent jurisdiction to be illegal, invalid or unenforceable in such jurisdiction will, as to that jurisdiction, be ineffective to the extent so such illegality, invalidity, or unenforceability and shall otherwise be enforced to the maximum extent permitted by law, all without effecting the remain provisions, (and the remaining enforceable portion of such provisions, if any) of these terms and conditions of sale or affecting the legality, validity, or enforceability of such provisions in any other jurisdiction.<\/span><\/p>\n

    CONFLICTING TERMS<\/strong><\/span><\/h2>\n

    In the event of any conflict between the terms contained herein and any other applicable manufacturer material or product warranties, the terms of this agreement will prevail. <\/span><\/p>\n

    CONTACT US<\/span><\/strong><\/h2>\n

    If you have any questions about this \u201cTerms and Conditions of Sale and Services\u201d or practices of this site, or your dealings with this site, please contact us at: Info@EncompassShowersBases.com. <\/a>These terms were last updated on February 19, 2024.<\/span><\/p>\n","protected":false},"excerpt":{"rendered":"

    These Terms and Conditions of Sale and Service apply to any product (each \u201cProduct\u201d) Ordered or purchased from or through the website located at www.encompassshowerbases.com (the \u201cWebsite\u201d). By using the Website to place any Order for any Product(s) (an \u201cOrder\u201d) the Customer (\u201cBuyer\u201d) hereby accepts and agrees to be bound by the Terms and Conditions […]<\/p>\n","protected":false},"author":1,"featured_media":0,"parent":0,"menu_order":0,"comment_status":"closed","ping_status":"closed","template":"","meta":{"_acf_changed":false,"inline_featured_image":false,"footnotes":""},"acf":[],"yoast_head":"\nTerms and Conditions of Sale and Service | Encompass Shower Bases<\/title>\n<meta name=\"description\" content=\"These Terms and Conditions of Sale and Service apply to any product (each \u201cProduct\u201d) Ordered or purchased from or through the website located at\" \/>\n<meta name=\"robots\" content=\"index, follow, max-snippet:-1, max-image-preview:large, max-video-preview:-1\" \/>\n<link rel=\"canonical\" href=\"https:\/\/encompassshowerbases.com\/terms-conditions\/\" \/>\n<meta property=\"og:locale\" content=\"en_US\" \/>\n<meta property=\"og:type\" 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