CONTRACT
The use of this website and the sale of all products by Sarraff Store Fixtures & Equipment (“SSF&E”) is governed by the policies, terms and conditions set forth below. Accordingly, please read the following terms and conditions carefully as it is a legal agreement between you (the “customer”) and SSF&E. The use of this website and the placement of an order indicates The customer’s acceptance of these terms and conditions. These terms and conditions shall supersede any subsequent terms or conditions included with any purchase order or any other document or communication, whether or not such terms or conditions are signed by SSF&E. SSF&E reserves the right to make changes to this website and these terms and conditions at any time.
PRICES
Although every effort has been made to ensure the information in this website is accurate SSF&E is not responsible for typographical errors or omissions relating to pricing, copy, image or application. In the event of such an error SSF&E will contact the customer by phone, fax or email with the corrected price information. SSF&E may change its prices at any time and without notice. Prices are exclusive of shipping charges, freight and handling charges, forwarding agent's and broker's fees, consular fees, document fees and import duties. SSF&E may cancel an order at any time because the order contains an incorrect price or for any other reason whatsoever.
ITEM ORDERING
Most items are in stock and available for immediate shipment. The customer can place an order by selecting the items and adding them to the cart for future checkout. The customer will ship via UPS or USPS. Some items will require shipment via truck and common carrier. Additionally, the shipment of some items will require SSF&E to contact the customer for shipping for shipping considerations - these are clearly flagged in the website. Shipping cost estimates can be obtained by placing items in the shopping cart and proceeding as if the customer were purchasing the items. All of the customer’s available shipping options will be presented prior to entering payment method. The customer may proceed with the order after selecting the shipping method. The customer may click the back button if the customer does not want to proceed with the order. We ship only to the United States and Canada. For delivery outside these regions, a freight forwarder of your choice will be used.
FUNDS AND PAYMENTS
All items are priced in United States Dollars (USD). SSF&E accepts Visa, Master Card, Discovery and American Express credit cards. SSF&E also accepts wire transfers. Prices are exclusive of taxes, impositions and other charges, including: federal, state, provincial and local sales, use, excise, privilege, property or other taxes, and all other rates, levies, fees, duties, assessments or other charges, value added and similar taxes or charges imposed by any government authority (municipal, provincial or federal), international shipping charges, freight and handling charges, forwarding agent's and broker's fees, consular fees, document fees and import duties. If SSF&E shall be liable for or shall pay any of the foregoing, same shall be paid by the customer to SSF&E in addition to the price of the products. These charges are all the responsibility of the customer.
Any sum not paid when due is subject to a service charge of 1.5% per month or the maximum rate permitted by law whichever is greater.
SHIPMENTS AND DELIVERY
It is the customer’s responsibility to inspect all packages and products upon delivery. For freight shipments: note any damage to the packaging on the bill of lading before the driver leaves. Signing for products without noting exception on the delivery receipt or bill of lading establishes customer’s willingness to absorb the costs of damage or missing goods. If customer suspects product damage the customer shall save all packaging material. This includes inner and outer boxes and all packing material. Take pictures of the damaged product and its packaging. You must notify SSF&E within three (3) business days of delivery. Due to the limited time frame for SSF&E to file a claim for shipping damage, any damage not reported within three (3) business days of delivery becomes the responsibility of the customer. SSF&E cannot make any exceptions to this requirement.
If customer receives freight that is short or damaged, the customer must call the freight company for a possible inspection and to file a claim with them. If customer refuses all or part of a shipment, SSF&E will file a claim on the refused portion. In either case please call SSF&E to help with the process and to enable a quick replacement of the damaged or lost items.
Unless otherwise stated or agreed, the customer acknowledges that delivery dates are estimates only and that SSF&E will not be liable for failure to deliver on such dates and in no event shall time be of the essence regarding such dates. SSF&E reserves the right to make deliveries in installments. Delivery of a quantity which varies from the quantity specified shall not relieve the customer of the obligation to accept delivery and pay for the products delivered.
TRUCK AND COMMON CARRIER
Certain products can only be shipped via common carrier. Customer must advise SSF&E regarding any special delivery arrangements required. Common carrier trucks typically require dock high delivery points or are to curbside. Customer shall instruct SSF&E at time of order if the following apply: residential delivery, liftgate required, inside delivery, special elevator restrictions, appointments for delivery scheduling, more than one person to unload, or any other circumstances that might affect your delivery. Additional charges may apply depending on the customer’s needs. Truck deliveries cannot be guaranteed for a specific date, but SSF&E will do all that it can to assist in arranging delivery. The Customer shall count and inspect all packages at time of delivery and note any damage or shortages on bill of lading at time of receipt in order to preserve your right to file a claim with the freight company. There are extra charges for inside delivery. Also standard freight rate requires the customer to take the items of the back of the truck. If a lift gate is required then there will be an additional charge. There could also be an extra charge for a limited access delivery that apply to, amongst other shipments, a shipment to a residence, church, hotel, convention hall, construction site or military base. If a delivery appointment must be made there will be an extra charge. Transit times are based on the carrier’s average transit time of all shipments to customer’s area. If the customer must have its shipment on a particular day and/or time, the customer must request a guaranteed delivery along with the required date and time. SSF&E will give the customer a specific quote for guaranteed services. The guarantee is for the additional guarantee charges. If the shipment does not arrive on the guaranteed day and/or time, the customer shall be refunded the guaranteed portion of the freight charges. If additional charges are incurred because of changes such as inside delivery or lift gate at the time of delivery the customer will be responsible and charged for these additional charges. Also if a delivery attempt is not possible for any reason there will be a redelivery charge.
DAMAGES AND RISK OF LOSS
All risk of loss or damage and all incidents of title and ownership will pass to the customer when SSF&E's delivery of the goods to the carrier. For any such loss or damage, SSF&E will have no responsibility whatsoever and the customer will be responsible for initiating and processing all claims directly with the carrier. SSF&E is not responsible for any loss resulting from any delay in shipping or failure to ship. Subject to SSF&E’s right of stoppage in transit, delivery to a carrier will constitute delivery to the customer, and risk of loss, including, without limitation all risks for theft, damage or destruction (and whether or not insured against), will thereupon pass to the customer; however, title shall remain in SSF&E until payment in full for the products has been made by the customer and other amounts owing to SSF&E under these terms and conditions has been paid in full.
BACKORDERED AND DISCONTINUED PRODUCTS
The customer shall be notified of any product that may be backordered. If the product the customer ordered has been discontinued or is no longer available from the supplier, SSF&E will contact the customer to offer a substitute product: or, if the customer chooses, it may cancel the original order. Any item not in stock at time of original shipment will be shipped as soon as possible. Separate shipping charges will be billed for each shipment. For assistance, e-mail websales@sarraff.com or call toll free (877) 697-5473 or (305)638-3115.
CANCELLATIONS OR RETURNS
The customer may cancel orders. Any such cancellation or return will be subject will be subject to SSF&E’ cancellation and return policies including but not limited to SSF&E restocking or cancellation charges. A customer can request to cancel the order by emailing websales@sarraff.com stating the reason for the cancellation. If the cancellation is approved SSF&E will supply the customer with a cancellation number and inform the customer if the order has not shipped. Authorized cancellations made in time before shipment of stock items will be charged a 5% cancellation fee. Cancellations of special orders will be accepted after careful review of where the order is in process. SSF&E will communicate to the customer as soon as SSF&E contacts the supplier and assess the authorization to cancel. Cancellations made after the order ships will be subject to the standard restocking charge of 20% applicable to returns. The customer will be responsible for all shipping charges to return the items. SSF&E will not accept collect shipments of returned goods even if they have been authorized. Special ordered, custom, obsolete or non-current goods may not be returned and orders for the same may not be canceled.
There are certain other items that are not returnable. For example any item with special finish, which is cut to order, slatwall items or items because of their very nature are very fragile or easily scratched like showcase items are usually not returnable. Any orders that SSF&E agrees will be cancelled and any goods that are accepted for return SSF&E will issue a credit to the credit card once the goods have been received and inspected. All returns require a Return Merchandise Authorization number (RMA) which is good for 14 days. An RMA can be requested via email to websales@sarraff.com. No returns will be accepted without an RMA. This policy is strictly enforced. If the customer is not completely satisfied with the product(s), please bring the problem to our immediate attention within 15 days and SSF&E will replace it or issue you store credit or refund subject to the restocking charge.
Notwithstanding the foregoing, the customer must accept all products tendered under these terms and conditions. Under no circumstances is the customer permitted to reject products tendered or to return products without SSF&E’s prior written consent. SSF&E will not approve returns for products delivered to customer 30 days or more.
ACCEPTANCE
All goods sold are subject to inspection by the customer promptly upon the customers receipt and, unless SSF&E is advised in writing to the contrary, such goods will be deemed to be accepted as conforming. If the customer finds the goods to be non-conforming, the customer must promptly so advise SSF&E in writing, specifying all claimed defects or non-conformities and the customer will give SSF&E an opportunity to investigate.
LIMITED WARRANTY AND LIMITATION ON DAMAGES
SSF&E warrants that all goods sold are free from manufacturing defects in material and workmanship. EXCEPT AS PROVIDED IN THIS SECTION, SSF&E PROVIDES NO WARRANTIES AND EXPRESSLY DISCLAIMS AND EXCLUDES, THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL REPRESENTATIONS, PROMISES, CONDITIONS AND WARRANTIES, WHETHER EXPRESS AND IMPLIED, ORAL OR WRITTEN, AND WHETHER ARISING BY STATUTE OR OTHERWISE IN LAW, FROM THE COURSE OF DEALING OR USAGE OF TRADE, WITH RESPECT TO THE PRODUCTS INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR ANY WARRANTY OF NON-INFRINGEMENT OF THIRD PARTY RIGHTS, ANY WARRANTY WITH RESPECT TO THE FUNCTIONALITY, USE, TITLE, DURABILITY, COMPATIBILITY OR OPERATION OF THE PRODUCTS OR THAT THE PRODUCTS WILL MEET ANY PERSON’S REQUIREMENTS OR THAT ANY OF ALL DEFECTS WILL BE CORRECTABLE.
The customer's sole and exclusive remedy against SSF&E for breach of any warranty will be for the repair or replacement at SSF&E's option, upon the customer's return at the customer's cost, to SSF&E of the goods, products or items purchased. IN NO EVENT AND TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, SHALL SSF&E, ITS SHAREHOLDERS, AFFILIATES, CONTRACTORS, SUPPLIERS AND AGENTS AND THEIR RESPECTIVE DIRECTORS, OFFICERS AND EMPLOYEES, BE LIABLE FOR ANY LOSS OF PROFIT OR REVENUE, COSTS OF DELAY, LOSS OF TIME OR INCONVENIENCE, COSTS OF PROCURING SUBSTITUTE PRODUCTS, INTERRUPTION OF BUSINESS OR ANY SPECIAL, CONSEQUENTIAL, INCIDENTAL, DIRECT, INDIRECT, ECONOMIC, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES SUFFERED OR SUSTAINED BY AUTHORIZED DEALER OR ANY OTHER PERSON EVEN IF SUCH DAMAGES ARE FORESEEABLE. In no event will SSF&E’s liability to the customer exceed, for defective product, the amount the customer paid to SSF&E for the product giving rise to the claim. These limitations will apply regardless of whether the legal theory of liability for damages (including without limitation, expense, loss, injury, or liability of any kind) arises under contract, tort (including negligence and strict liability), or for any other theory. All disclaimers and limitations set forth herein shall apply and shall survive a fundamental breach or breaches and/or failure of the essential purpose of this Agreement or any remedy contained herein.
ENTIRE AGREEMENT
These terms and conditions confirms the sole and entire agreement between SSF&E and the customer and none of the terms and conditions contained herein may be added to, deleted, modified or altered except by a written instrument signed by SSF&E. There are no oral understandings, representations or agreements relative to the subject matter of this understanding which are not fully expressed in this understanding.
FORCE MAJEURE
SSF&E will not be liable for delays in delivery or for failure to perform its obligations due to causes beyond its reasonable control, including, but not limited to, product allocations, material shortages, labor disputes, transportation delays, unforeseen circumstances, acts of God, acts or omissions of other parties, acts or omissions of civil or military authorities, Government priorities, fire, strikes, floods, severe weather conditions, computer interruptions, terrorism, epidemics, quarantine restrictions, riots, or war. SSF&E’s time for delivery or performance will be extended by the period of such delay or SSF&E may, at its option, cancel any order or remaining part thereof without liability by giving notice to the customer.
JURISDICTION AND VENUE, WAIVER OR JURY TRIAL
The customer agrees that any legal action brought against SSF&E shall be governed by the laws of the State of Florida without regard to its conflict of law principles. The customer agrees that the sole jurisdiction and venue for any litigation arising from your use of or orders made on the SSF&E shall be an appropriate only in the federal or state courts located in Miami-Dade County, Florida. The customer will pay all costs, collection agency fees, expenses, reasonable attorney fees of both in-house and outside counsel (whether incurred prior to, at trial or on appeal) incurred by SSF&E in connection with the collection of any past-due sums and enforcement of these terms and conditions. EACH PARTY HEREBY KNOWINGLY, VOLUNTARILY AND INTENTIONALLY WAIVES (TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW) ANY RIGHT IT MAY HAVE TO A TRIAL BY JURY OF ANY DISPUTE DIRECTLY OR INDIRECTLY ARISING UNDER OR RELATING TO THIS AGREEMENT OR THE CONFIRMATIONS OR ANY TRANSACTION CONTEMPLATED HEREBY OR THEREBY AND AGREES THAT ANY SUCH DISPUTE SHALL BE TRIED BEFORE A JUDGE SITTING WITHOUT A JURY.
PRIVACY
SSF&E takes your privacy seriously. Please read the following to learn more about SSF&E’s privacy policy. This policy covers how SSF&E treats personal information that SSF&E collects and receives, including information related to the customer’s past use of SSF&E products and services. Personal information is information about the customer that is personally identifiable like customer’s name, address, email address, or phone number, and that is not otherwise publicly available. This policy does not apply to the practices of companies that SSF&E does not own or control, or to people that SSF&E does not employ or manage. SSF&E collects personal information when you register with SSF&E, when the customer uses SSF&E products or services, when the customer visits SSF&E pages or the pages of certain SSF&E partners, and when the customer enter promotions or sweepstakes. SSF&E may combine information about the customer that SSF&E has with information SSF&E obtains from business partners or other companies. When the customer registers, SSF&E asks for information such as the customer’s name, email address, birth date, gender, zip code, occupation, industry, and personal interests. SSF&E automatically receives and records information on our server logs from the customer’s browser, including your IP address, SSF&E cookie information, and the page the customer requests. SSF&E uses information for the following general purposes: to customize the advertising and content the customer sees, fulfill customer requests for products and services, improve SSF&E’s services, contact the customer, conduct research, and provide anonymous reporting for internal and external clients.
CONFIDENTIALITY AND SECURITY
SSF&E has PCI (Payment Card Industry) Compliance Certification. SSF&E follows a set of standard compliance rules and regulations designed to ensure that all processing, transmission of credit card information is maintained in a secure environment. Enjoy safe and secure buying with SSF&E. Because SSF&E cares about the safety of the customer’s credit card transaction, SSF&E servers use Secure Socket Layer (SSL), an encryption technology that works with most modern web browsing software so that unauthorized parties cannot read the information that the customer sends. SSF&E servers are tested daily for PCI Compliance Not even company personnel have access to the customer’s vital and sensitive information. It's SSF&E’s way of making sure customer credit card is safe and secure.
SSF&E limits access to personal information about customer to employees who SSF&E believes reasonably need to come into contact with that information to provide products or services to the customer or in order to do their jobs. SSF&E has physical, electronic, and procedural safeguards that comply with federal regulations to protect personal information about the customer. The customer’s SSF&E account information is password-protected. In certain areas SSF&E uses industry-standard SSL encryption to protect data transmissions.
INFORMATION SHARING AND DISCLOSURE
SSF&E does not rent, sell, or share personal information about the customer with other people or nonaffiliated companies except to provide products or services you've requested.
COOKIES
SSF&E may set and access SSF&E cookies on your computer. Read more about cookies here.
QUESTIONS AND SUGGESTIONS
SSF&E believes that improvement is a continuous process and invite the customer to provide SSF&E with customer’s input. If you have any questions, comments or suggestions, please contact us at or call toll free (877) 697-5473 or (305)638-3115 or send us an email to websales@sarraff.com.