Purchase Contract
KLT Kitchens and Building Supplies
PURCHASE CONTRACT (Website Sales)
This Purchase Contract ("Agreement") is entered into by and between KLT Kitchens and Building Supplies, a Connecticut business ("Seller," "we," or "us"), and the purchaser identified on the Order or Checkout page ("Buyer" or "you"), effective as of the date Buyer submits an order through Seller’s website. By placing an order, Buyer agrees to the terms below.
1. Definitions
- "Products" means goods, materials, parts, appliances, fixtures, or other items offered or sold by Seller via the website.
- "Order" means Buyer’s purchase request submitted through the website and confirmed by Seller.
2. Formation of Contract
- An Order is an offer by Buyer to purchase Products under these terms. A binding contract is formed only when Seller accepts the Order by sending an order confirmation or shipping the Products. Seller may refuse or cancel Orders at its discretion.
3. Prices and Taxes
- Prices are those displayed at checkout. Seller may correct pricing errors prior to acceptance.
- Buyer is responsible for applicable sales, use, excise, value-added, and other taxes, and for any import duties or customs charges, except where Seller is legally required to collect them.
4. Payment
- Payment is due at time of Order unless otherwise agreed in writing. Seller accepts payment methods shown on the website.
- If payment is declined, Seller may suspend or cancel the Order.
5. Delivery; Risk of Loss; Title
- Seller will deliver Products as specified at checkout and in accordance with any shipping policy. Delivery dates are estimates only.
- Risk of loss and title transfer to Buyer upon delivery to the carrier (or upon handover if Seller performs delivery).
- Buyer is responsible for providing accurate delivery information and for inspecting Products at delivery for visible damage.
6. Inspections; Nonconforming Goods
- Buyer must inspect Products promptly. For visible damage or nonconforming Products, Buyer must notify Seller within seven (7) days of receipt and provide supporting documentation.
- For defects discovered after receipt, Buyer must notify Seller within a reasonable time after discovery.
7. Returns, Exchanges, and Restocking
- Returns and exchanges are governed by Seller’s Return Policy as posted on the website.
- Custom cabinet orders and other custom, special-order, or made-to-order items are non-returnable and non-refundable unless expressly agreed in writing by Seller.
- Buyer may be charged a restocking fee and is liable for return shipping unless otherwise agreed.
8. Warranties and Disclaimers
- Seller warrants that Products will conform to advertised specifications at time of shipment. Manufacturer warranties apply where applicable.
- EXCEPT AS EXPRESSLY STATED HEREIN AND TO THE MAXIMUM EXTENT PERMITTED BY LAW, SELLER DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
9. Limitation of Liability
- TO THE MAXIMUM EXTENT PERMITTED BY LAW, SELLER’S LIABILITY FOR DAMAGES ARISING OUT OF OR RELATED TO THE SALE OR USE OF PRODUCTS IS LIMITED TO THE PURCHASE PRICE PAID FOR THE AFFECTED PRODUCTS.
- IN NO EVENT SHALL SELLER BE LIABLE FOR INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR PUNITIVE DAMAGES.
10. Indemnification
- Buyer will indemnify, defend, and hold Seller harmless from claims, liabilities, losses, damages, costs, and expenses (including reasonable attorneys’ fees) arising from Buyer’s misuse of Products, breach of this Agreement, or violation of law.
11. Returns of Defective or Recalled Products
- If a Product is defective or subject to a recall, Seller will follow applicable recall procedures and will, at Seller’s option, repair, replace, or refund the affected Product consistent with law and Seller policies.
12. Intellectual Property
- All website content, trademarks, logos, product descriptions, and materials are Seller’s property or used under license. Nothing in this Agreement transfers intellectual property rights unless expressly stated.
13. Privacy and Data
- Seller’s collection and use of Buyer’s personal data is governed by Seller’s Privacy Policy posted on the website.
14. Force Majeure
- Seller is not liable for failure or delay in performing obligations caused by events beyond its reasonable control (e.g., acts of God, labor disputes, transportation delays, government actions).
15. Governing Law; Dispute Resolution
- This Agreement is governed by the laws of the State of Connecticut, without regard to conflict-of-law rules.
- Any dispute, claim, or controversy arising out of or relating to this Agreement or the breach, termination, enforcement, interpretation, or validity thereof shall be brought exclusively in the state or federal courts located in Middlesex County, Connecticut (including any appellate courts). Buyer and Seller submit to the personal jurisdiction of those courts and waive any objection to venue there.
16. Severability
- If any provision is held invalid or unenforceable, the remaining provisions remain in full force.
17. Assignment
- Buyer may not assign this Agreement without Seller’s prior written consent. Seller may assign its rights and obligations.
18. Notices
- Notices to Seller must be sent to the contact address below. Notices to Buyer will be sent to the email/address provided in the Order.
19. Entire Agreement; Amendments
- This Agreement, together with the Order, website Terms of Use, Privacy Policy, and any Seller-provided documents, constitutes the entire agreement. Seller may update these terms on the website; updated terms apply to Orders placed after posting.
20. Contact Information
- KLT Kitchens and Building Supplies
Address: 1511 Saybrook Rd, Middletown, CT 06457
Email: (customer service email to be inserted)
Phone: (customer service phone number to be inserted)
Acceptance
By placing an order, Buyer acknowledges having read and agreed to this Purchase Contract.
____________________________
KLT Kitchens and Building Supplies (Authorized Signatory)
____________________________
Buyer _______________________
Date: __/__/____