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Entire Agreement. Any agreement for the purchase of goods from Café De Fiori shall
be governed by and is made subject to these Café de Fiori Business Terms and the Returns Policies stated below
(collectively, the "Agreement"). This Agreement constitutes the entire agreement between the parties relating to the
products and services provided by Café de Fiori to Customer. This Agreement may not be amended or modified except
by a written instrument executed by the party against whom enforcement is sought, provided that Café de Fiori
may, at its sole option, revise the Agreement from time to time without notice to Customer by posting the revised
Agreement terms on its web site. Prices and availability are subject to change without notice.
Accuracy of Data. Café de Fiori obtains certain data directly from the manufacturer or distributor of certain
products. While Café de Fiori makes every effort to ensure the accuracy of this data; this web site could include
typographical errors and/or technical inaccuracies. Café de Fiori reserves the right to make improvements and/or
changes to such data and/or this web site at any time. Café de Fiori makes no warranty of any kind with respect
to the data on this web site or the accuracy of advice given by Café de Fiori employees, whether or not such
advice is made in writing.
Representations; Changes and Corrections. Photos may not represent actual product, pricing and other errors are
subject to correction by Café De Fiori even after orders and/or payments are accepted. Additionally, Café de
Fiori may make pricing changes needed to avoid material profit losses due to manufacturer price changes, changing
market conditions or product discontinuation, even after orders and/or payment are accepted. Café de Fiori may
revise or rescind an order to correct an error or pricing issue not detected until after fulfillment of such order,
and Customer may either accept Café de Fiori's proposed revision to the order or rescind the order if such
proposed revision is unacceptable. In the event an order is rescinded due to Café de Fiori's error or pricing
adjustment, Café de Fiori will bear all shipping costs and Customer will receive a full refund for products
returned in new condition. Although Internet orders generate an automatic confirmation and response e-mail, Café
de Fiori may change its pricing, product description or specification after any order confirmation or response e-mail
but prior to shipment due to errors, changing market conditions, product discontinuation or typographical errors.
Customer's Responsibility for Certain Shipping Charges. If Customer requests shipping charges be paid either on a
collect basis or on Customer's account with the shipping company, and Customer refuses the shipment or refuses to pay
the applicable shipping charges, Café de Fiori may bill Customer, and Customer agrees to pay Café de Fiori,
for all resulting charges incurred by Café de Fiori either directly or through its supplier.
Delivery. All equipment will be delivered to Customer f.o.b. from Café de Fiori's facility or the facilities of
any of Café de Fiori's vendors who are shipping directly to Customer. Regardless of the terms of shipment and
who pays for freight, the risk of loss shall pass to Customer when the equipment is delivered to the transportation
carrier, and Café de Fiori is not responsible for any loss or damages to the equipment during shipment. Café
de Fiori strongly recommends that Customer obtain insurance for shipments, as neither Café de Fiori nor its
suppliers will insure such shipments. Café de Fiori will use its best efforts to meet the delivery time stated
but does not, under any circumstances, guarantee delivery by the stated time and is not responsible for any damages
caused by the failure to meet the stated delivery time.
Implementation Plan. Any implementation dates contained in this Agreement reflect a tentative production schedule and
will be confirmed in accordance with Customer's schedule, business needs and product availability. The implementation
of any Customer-initiated changes to this Agreement could result in modifications to this Agreement, including
pricing, implementation and production schedules. Any requests for modifications shall be subject to Café de
Fiori's acceptance, at prices and scheduling mutually agreeable to the parties.
Goods Purchased for Export. If goods herein being purchased are being purchased for purposes of export, Customer must
obtain from the U.S. government certain export documentation before shipping to a foreign country. In addition,
manufacturers' warranties for exported goods may vary or even be null and void.
Taxes. Customer will pay all Federal, state, local, excise and other taxes imposed upon the products and services
offered hereunder, excluding the taxes based on Café de Fiori's income, assets or net worth. Customer may
provide Café de Fiori a tax exemption certificate (subject to review and acceptance by Café de Fiori's tax
department). Any tax imposed by federal, state or other governmental authority on or with respect to the sale,
purchase, delivery or use of product shall be paid by Customer.
Customer's Specifications. If any services, products or equipment provided under this Agreement are pursuant to or at
the direction of Customer or contain software provided to Café de Fiori by Customer, Customer agrees to indemnify
and hold café de Fiori harmless from and against all liability, loss, damage and expense, including reasonable
counsel fees, resulting from any claim by a third party of infringement, or any litigation based thereon, and such
obligation shall survive payment therefore by the Customer. Café de Fiori will rely on the specific instruction,
information and/or other software provided by Customer. Café de Fiori will not be responsible for delays or
default in the failure of Customer to provide accurate instructions or information. Limited Warranty. EQUIPMENT,
PRODUCTS OR SERVICES PURCHASED BY CUSTOMER FROM CAFÉ DE FIORI THAT WERE MANUFACTURED, PRODUCED OR PROVIDED BY
THIRD PARTIES ("THIRD PARTY PRODUCTS") ARE PROVIDED ON AN "AS IS" BASIS, AND CAFÉ DE FIORI MAKES NO WARRANTY WITH
RESPECT TO SUCH THIRD PARTY PRODUCTS. If Customer discovers within the applicable warranty period a failure of the
Third Party Products to substantially conform to the specifications or a defect in material or workmanship, Customer
must promptly notify the manufacturer in writing. Customer will look solely to the third party that manufactured,
produced or provided the Third Party Products for recovery on any claim of liability, whether express or implied, and
will hold Café de Fiori harmless therefrom. Café de Fiori's sole responsibility with respect to Third Party
Products shall be to pass through to Customer any manufacturer warranties of the Third Party Products. AS TO PRODUCTS
PRODUCED SOLELY BY CAFÉ DE FIORI, CAFÉ DE FIORI MAKES NO WARRANTY, EXPRESS OR IMPLIED, EXCEPT AS TO THOSE
WARRANTIES SPECIFICALLY SET FORTH IN THE SPECIFICATIONS OF THE CAFÉ DE FIORI'S PRODUCT. If Café de Fiori is
unable to correct the failure to conform to any such warranty after a reasonable number of attempts, Café de
Fiori will provide at its option either: (a) replacement equipment, product, or (b) a refund of the purchase price.
These remedies are Customer's exclusive remedies for breach of warranty on Café de Fiori Products.
Notwithstanding the foregoing, Café de Fiori product codes beginning with (Café de Fiori Value Center) are
sold "AS IS" as open box items, are not warranted by Café de Fiori and are not returnable to Café de Fiori
for any reason. Any action for breach of warranty must be commenced within two weeks following expiration of the
applicable warranty. Café de Fiori does not guarantee product compatibility. Defective and DOA (dead on arrival)
product must be reported to Customer Service within 11 calendar days of the invoice date. All order discrepancies
(shortages, mislabeled product, damaged product or overages) must be reported to Customer Service within five business
days after receipt of the shipment. All non-defective returns must be reported to Customer Service within five
business days after receipt of the shipment. Not all products are eligible for return, and not all products that are
eligible for return are to be returned to Café de Fiori carefully review all return policies (below) before
making your purchase. Shipping charges are not refundable.
Negation of Warranty. Café de Fiori does not warrant (a) damage caused by use of the equipment for purposes other
than those for which they were intended, (b) damage caused by disaster such as fire, flood, wind and lightning, (c)
damage during shipment, (d) damage caused by unauthorized modification or improper installation of the equipment, or
(e) any other abuse or misuse by Customer. No agent or employee of Café de Fiori or any other party is authorized
to make any warranty in addition to those made in this Agreement.
Disclaimer of Warranty. THE FOREGOING WARRANTIES ARE IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, AND
CAFÉ DE FIORI HEREBY DISCLAIMS ALL OTHER WARRANTIES, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY AND
FITNESS FOR A PARTICULAR PURPOSE.
Limitation of Liability. Except for loss, damage and expense caused by gross negligence or intentional misconduct,
neither party shall be liable to the other party for any indirect, special or consequential damages (including loss of
profits) arising out of this Agreement, regardless of the form of action or theory of relief. Any liability arising
under this Agreement is limited to the total fees and authorized costs received by Café de Fiori for services
rendered pursuant to this Agreement. Further, no action, whether for indemnification or otherwise, regardless of form,
arising out of the transactions under this Agreement, may be brought by either party more than one (1) year after the
damage, loss or expense occurred, except that an action for non-payment may be brought within one (1) year after the
date of last payment. Except as otherwise provided herein, Café de Fiori is not liable for any claim made by a
third party or made by Customer for a third party.
Confidential and Trade Secret Information. Neither party to this Agreement will use or disclose to any third party any
confidential or proprietary information of the other party, including but not limited to, trade secrets, software
applications, technology, know-how, business practices, and pricing information and any and all other documents marked
confidential or proprietary, without prior written consent of the discloser thereof.
Intellectual Property Rights. Café de Fiori shall own all right, title and interest in any preexisting
intellectual property used in carrying out the services hereunder or developed or created solely by Café de
Fiori, even if such intellectual property is developed solely to implement the services hereunder. No license to such
Café de Fiori intellectual property is granted hereunder. For the avoidance of doubt, Café de Fiori shall
own all right, title and interest in the diagnostic materials and maintenance tools used or furnished by Café de
Fiori.
Nature of Relationship. Café de Fiori is acting as an independent contractor to Customer. No personnel employed
or engaged by Café de Fiori to perform the services for Customer will be considered Customer's employees,
agents, partners, joint venture partners, or franchisor. Each party to this Agreement agrees to comply with all
applicable laws, rules, and ordinances.
Governing Law and Venue. THIS AGREEMENT WILL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE SUBSTANTIVE LAWS OF
THE STATE OF NEVADA WITHOUT GIVING EFFECT TO ANY CHOICE-OF-LAW RULES. THOSE WHO CHOOSE TO ACCESS THIS SITE FROM OTHER
LOCATIONS DO SO ON THEIR OWN INITIATIVE AND ARE RESPONSIBLE FOR COMPLIANCE WITH LOCAL LAWS, IF AND TO THE EXTENT LOCAL
LAWS ARE APPLICABLE. ANY ACTION OR PROCEEDING SEEKING TO ENFORCE ANY PROVISIONS OF, OR BASED ON ANY SUIT ARISING OUT
OF THIS AGREEMENT MAY BE BROUGHT AGAINST ANY OF THE PARTIES IN A COURT OF COMPETENT JURISIDICTION. NOTWITHSTANDING THE
FOREGOING, CUSTOMER HEREBY AGREES THAT CAFÉ DE FIORI MAY BRING ANY ACTION, PROCEEDING OR SUIT RESULTING FROM
CUSTOMER'S NON-PAYMENT IN THE COURTS LOCATED IN LAS VEGAS, NEVADA, AND CUSTOMER HEREBY CONSENTS TO SUCH COURTS'
JURISIDICTION.
Other. The terms, conditions and prices contained in any quote from Café de Fiori are subject to change until
such time as Customer accepts the quote, furnishes payment or an obligation to pay that is satisfactory to Café
de Fiori's Credit Department, and thereby converts or directs the conversion of the quote to an order. Café de
Fiori shall have no obligation to honor any quotes until they are so accepted and converted. Sales tax and freight and
delivery are not included in this Agreement and, where applicable to services and products purchased by Customer
hereunder, will be the responsibility of the Customer. This Agreement is subject to credit approval by Café de
Fiori. The Customer will provide appropriate credit references upon request and authorize to obtain credit history
from such references. If Customer claims exemption from sales tax, an exemption certificate will be provided to
Café de Fiori prior to conversion of any order to which such exemption applies.
Copyrights and Trademarks. Copyright © 1992-2006 Café de Fiori. and subsidiaries.
All rights reserved.
Café de Fiori's Return Policies
GENERAL RETURNS CONDITIONS APPLICABLE TO ALL RETURNS:
- Defective and DOA (dead on arrival) product must be reported to Customer Service within 11 calendar days of
the invoice date. All order discrepancies (shortages, mislabeled product, damaged product or overages) must be
reported to Customer Service within five business days after receipt of the shipment. All non-defective returns must
be reported to Customer Service within five business days after receipt of the shipment.
- No returns will be accepted without prior authorization and Café de Fiori's return merchandise
authorization ("RMA") number. RMA numbers issued by Café de Fiori are good for 10 business days only, and product
must be received by Café de Fiori within that time. RMA numbers cannot be extended or re-issued. Clearly mark
each address label of each package being returned with the RMA number. DO NOT WRITE ON THE MANUFACTURER'S BOX.
- Please have the following information on hand when calling for returns authorization: customer name, invoice
number (all of which are on your invoice) and the nature of the problem.
- Where a specific return period is applicable (see below), no returns will be accepted beyond that period. Return
authorizations will not be granted after the stated return period has run.
- Shipping charges for shipment to Customer are not refundable. Customer is responsible for shipping charges and
risk of loss on all return shipments. Café de Fiori highly recommends using a reputable shipping carrier capable
of providing proof of delivery, as well as properly packing and fully insuring your return shipment. Please keep all
packing material and documentation in the event that your equipment has to be serviced or returned.
- All returns must be 100% complete, contain all original boxes and packing material, have original UPC codes on
the manufacturer's boxes, and contain all blank warranty cards, accessories and documentation provided by the
manufacturer. Incomplete returns may be returned to sender or subject to a restocking fee of 25% or more, depending on
the condition of the return.
- Please note below any and all additional returns conditions applicable to your return. Café de Fiori
reserves the right to add special returns conditions for additional manufacturers as manufacturer policies change, as
manufacturers go out of business or if product was specially ordered.
- Under no circumstances can the following products be returned:
- Discontinued items
- Special order items
- Literature Items for which manufacturers will not accept returns
- Items not purchased through Café de Fiori
- Open units, units which require re-boxing, or units in an unsuitable resale condition
- Closeout, remanufactured and refurbished products
- Items which have undergone revisions without being assigned a new part number by the manufacturer
ADDITIONAL RETURNS CONDITIONS APPLICABLE TO ALL PRODUCTS THAT ARE NOT SPECIFICALLY ADDRESSED
BELOW:
- Opened product that is in its original packaging and in new and re-saleable condition may be returned to
within five business days of invoice date, although such returns will be charged a 25% restocking fee.
- Any used, missing or damaged products, components or accompanying items will result in rejection of the return or
an additional restocking fee, at Café de Fiori sole option.
- Product that is defective may be returned to Café de Fiori for refund or exchange within 11 calendar days of
invoice date with no restocking fee.
RMA PROCESS
Return Address: Café de Fiori (Your RMA#]
Mailing Address:
Phone Numbers: Returns: (818) 468-9999 |
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Designer Candy 
