Terms and Conditions
INTRODUCTION - All orders accepted by Camden TV and Appliance Inc are govered by, and subject to, these Standard Terms and Conditions of Sale. Buyer hereby agrees to these Standard Terms and Conditions for all orders placed, except, and only to the extent, the parties have separately negotiated and executed a mutually agreeable written agreement governing Buyer’s purchases from Camden TV and Appliance Inc which are inconsistent with theses Standard Terms and Conditions. These Terms and Conditions (“Terms”), govern any sale(s) by Camdens TV & Appliance (“Camdens”), to you, the Buyer and/or Customer, of any item, product, or appliance (“Appliance”). These Terms are expressly made conditional on your assent. By your purchase, you acknowledge and agree to the following:
ACCEPTANCE OF ORDERS - Unless otherwise stated, all orders are received subject to acceptance and shall be accepted only by authorized personnel of Camdens on Camdens acknowledgement forms or on www.camdenappliance.com for delivery when available and at Camdens' prices in effect at time of delivery. All orders must be firm commitments giving complete item description including quoted prices, when applicable, quantity and delivery requirements. If there is a conflict between the specification referenced in an order and the exact requirements contained in an order, Camdens has the option to deliver either appliance(s).
PRICES - Camdens’ price does not include any privilege, occupation, personal property, value-added, sales, excise, use or other taxes, and you shall be liable for all such taxes, whether or not invoiced by Camdens. Camdens makes every effort to ensure prices on www.camdenappliance.com reflect prices at our brick and mortar locations. If a price discrepancy does occur Camden Appliance reserves the right to correct price discrepancy at its sole discretion.
In the event a product is listed at an incorrect price or with incorrect information due to typographical error or error in pricing or product information received from our suppliers, we shall have the right to refuse or cancel any orders placed for product listed at the incorrect price. We shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, we shall immediately issue a credit to your credit card account in the amount of the charge.
TAXES - Any taxes, excises, levies or charges which the Camdens may be required to pay or collect under any existing or future law, upon or with respect to services and/or the sales, purchase, delivery, storage, processing, use, consumption or transportation of any of the appliance(s) covered hereby shall be for your account, and the quoted or otherwise applicable prices shall be increased thereby. The amount shall be added to the purchase price.
PAYMENT TERMS - You agree to pay for the appliance(s) according to the Camdens' payment terms. In the event you fail to make any payment to Camdens when due, your entire account(s) with Camdens shall become immediately due and payable without notice or demand. All past due amounts are subject to service charges at the rate agreed upon by the parties, otherwise at the maximum contract rate permitted by law. You do hereby grant Camdens a purchase money security interest in the appliance(s) until such time as Camdens is fully paid. You will assist Camdens in taking the necessary action to perfect and protect Camdens' security interest. No appliance(s) furnished by the Camdens shall become a fixture by reason of being attached to real estate. Payment must be made at Camdens’ office in Michigan.
RECEIPT OF APPLIANCE(S) - You agree that you have accepted the appliance(s) described in Camdens' Invoice upon a transfer of ownership of the appliance(s), delivery of the appliance(s) or your other receipt of the appliance(s), whichever occurs first in time. The risk of loss of the appliance(s) shall pass to you upon acceptance of the appliance(s), as described herein.
EXTENDED WARRANTY - Appliance(s) with a one (1) year manufacturer’s warranty can be extended up to four (4) additional years. If you decide not to purchase this extended warranty, Camdens will be not held responsible for claims after the 1st year. You further agree to release, save, and hold Camden harmless for any and all claims, damages, or causes of action arising from not purchasing the additional warranty.
PICKED-UP APPLIANCE(S) - You can pickup and take your Appliance(s) from Camdens. If you do, you further agree to release, save, and hold Camdens harmless for any and all claims, damages, or causes of action arising from transporting or improperly installing the appliance(s) in accordance with the manufacturer’s guide.
APPLIANCE(S) ON HOLD - Camdens will hold your appliance(s) for a maximum of 30 days with a 10% down payment unless otherwise noted on the sales invoice. All appliance(s) must be delivered or picked up with 30 days of the purchase date. Appliance(s) not paid and picked up/delivered after 60 days are subject to a 2% monthly holding and storage fee.
CANCELLATION - Cancellations of complete and paid purchases are not allowed. If, however, Camdens agrees in writing to permit cancellation, all cancellations are subject to a 20% restocking fee. You further agree to release, save, and hold Camdens harmless for any and all claims, or causes of action arising from this policy. You are responsible for all Camdens attorney’s fees and cost incurred to collect balance and/or court fees. ALL SALES ARE FINAL ONCE THE APPLIANCE(S) HAVE BEEN PICKED UP OR DELIVERED.
RETURNS - No appliance(s) may be returned for credit or replacement except by special arrangement. You shall promptly notify Camdens of any appliance(s) claimed to be defective and such appliance(s) shall be subject to inspection by Camden.
DAMAGE WAIVER - You may request to have Camdens install the appliance(s). Due to the location of the appliance(s) or fixtures, you fully understood and acknowledge the damage that may result. As additional consideration for the service to be performed, you hereby waive any claim for damages caused during the installation of the appliance(s). You also expressly and knowingly release Camdens and its employees from any and all liability and responsibility for any damages that might result from the installation of the appliance(s).
DELIVERED APPLIANCE(S) & GAS APPLIANCES (IF APPLICABLE) - Camdens reserves the right to decline performing any installation or removal services due to existing safety hazard, code violations, or any circumstance which poses a risk or may cause damage to the property or Camdens personnel.
RANGE ANTI-TIP BRACKET - You hereby waive the installation of the anti-tip device by Camdens and assume full responsibility for the installation of same as required by the manufacturer. You further agree to release, save, and hold Camdens harmless for any and all claims, damages, or causes of action arising from not installing the anti-tip Bracket.
NON-METAL DRYER VENTS - If you have purchased a clothes dryer appliance(s) from Camdens it may need to be vented outside. You further agree to release, save, and hold Camdens harmless for any and all claims, damages, or causes of action from the installation of Alternative flexible vent Appliance(s). A 4” Vent must be installed at consumer’s home prior to delivery in order for Camdens to hook up dryer venting.
GAS APPLIANCES - The appliance(s) that you have purchased from Camdens may require connection to a gas supply in order to operate properly. Camdens will only install appliances to existing gas hookups with a dedicated shutoff valve, however Camdens cannot be responsible for the failure of existing valves. Camdens will NOT hookup gas appliances to Copper or Aluminum pipes as they are not Code and are Dangerous. Gas appliances are usually set for hookup to natural gas lines, if your gas source is propane (C3H8), your appliance(s) must be converted before use. Camdens will convert your appliance(s) to propane for an additional fee upon request and before it is transported from the store. Every effort will be made to properly and safely connect the appliance(s) to your gas supply. It is your responsibility to promptly advise Camdens if any hoses, fittings or connections develop a leak. You further agree to release, save, and hold Camdens harmless for any and all claims, damages, or causes of action arising from the failure of existing valves, gas leaks found more than ten (10) days from the date of appliance(s) installation, and/or not notifying Camdens of a propane gas supply.
BUILT-IN APPLIANCE(S) - Camden does not install Built-In Appliance(s), but will deliver your built-in appliance(s) to your site and place the appliance(s) in a desired location. Camden will make every effort to help schedule installation, if desired, by a certified installer. The following appliance(s) are considered “built-in” appliances; Over the Range Microwaves, Dishwashers, Cooktops, Slide-in ranges, Drop in Ranges, Wall Ovens, Range Hoods, Under the Counter Refrigerators. You further agree to release, save, and hold Camdens harmless for any and all claims, damages, or causes of action arising from the installation of built-in appliance(s) by the customer.
WATER HOOKUPS - The appliance(s) that you have purchased from Camdens may require a connection to a water supply in order to produce operate properly. Camdens will only install refrigerator to existing water hookups. You further agree to release, save, and hold Camdens harmless for any and all claims, damages, or causes of action arising from the failure of existing water lines, and/or leaks found more than ten (10) days from the date of appliance installation.
SPECIAL ORDER APPLIANCE(S) - If Camdens special orders appliance(s) at your request, please note that ALL special orders are NON-RETURNABLE and NON-REFUNDABLE.
HAUL-AWAY APPLIANCE(S) - Camdens can haul away your old appliance(s) assuming that two adults can reasonably move the appliance(s). You further agree to release, save, and hold Camdens harmless for any and all claims, damages, or causes of action arising from the removal of the appliance(s).
PERMITS AND COMPLIANCE - Camdens is not responsible for obtaining any permits, inspections or licenses required for installation or operation of the appliance(s). Camdens makes no promise or representation that the appliance(s) will conform to any federal, state or local laws, ordinances, regulations, codes or standards.
SOLVENCY AND SECURITY - You represent that you are solvent. In case your default of payment, you agree to reimburse Camdens all attorney fees and court costs incurred by Camdens in connection therewith. Camdens retains a security interest in the appliance(s) to secure payment of the price and all other indebtedness now and in the future you owe to Camdens. At Camdens’ request, you will sign and deliver to Camdens a financing statement evidencing this security interest.
REMEDIES UPON FAILURE TO PAY - You agree that any of the following shall constitute an event of default which shall enable Camdens, at its option, to cancel any unexecuted portion of this order or to exercise any right or remedy which it may have by law: (a) Your failure to perform any term or condition contained herein; (b) Your failure to give required notice; (c) Your insolvency or failure to pay debts as they mature, your assignment for benefit of your creditors, your appointment of receiver for the Appliance(s) covered by this order or the filing of any petition to adjudicate you bankruptcy; (d) your death, incompetence, dissolution or termination of existence; (e) your failure to provide adequate assurance of performance within ten (10) days after a justified demand by Camdens or (f) if Camdens, in good faith, believes that your prospect of performance under this Terms is impaired. All rights and remedies of Camdens herein are in addition to, and shall not exclude, any rights or remedies that Camdens may have by law. In the event it becomes necessary to incur any expense for collection of any overdue account, reasonable collection charges, including reasonable attorneys' fees, will be added to the balance due and you shall pay all such charges. In case such default continues or in case of any of your subsequent default, a Failure of Camdens to enforce any of these conditions or to exercise any right accruing through your default shall not constitute a waiver of other or future Camdens’ rights.
INDEMNITY - You will indemnify and hold harmless Camdens from and against all damages, losses, claims and expenses, including attorney fees, incurred by Camdens as a result of your any breach of these Terms.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY - Under no circumstances, and in no event, will Camdens be liable for personal injury or property damage or any other loss, damage, cost of repairs or incidental, punitive, special, consequential, or liquidated damages of any kind, whether based upon warranty, contract, strict liability, negligence or any other cause of action arising in connection with the design, manufacture, your improper use or installation, or repair of the appliance(s) outside Camdens. You hereby acknowledge and agree that under no circumstances, and in no event, shall Camdens' liability, if any, exceed the net sales price of the defective product(s); no additional allowance shall be made for the labor or expense of repairing or replacing defective appliance(s) or workmanship or damage resulting from the same. Except as expressly set forth in this paragraph, all appliance(s) and/or services provided by Camdens and its employees and agents are provided "as is," "where is," and "with all faults."
TERMINATION - Any termination of these Terms shall be agreed by you and Camdens in writing. The termination will not change or modify the obligations or rights of the parties with respect to the sale of appliance(s) that were agreed upon prior to the effective date of termination.
ASSIGNMENT - You may not assign its rights or obligations hereunder without the prior written consent of Camdens.
TIME FOR BRINGING ACTION - Any action against Camdens for breach of this Terms or for any other claim arising out of or relating to the appliance(s) or their design, manufacture, sale or delivery must be brought within 1 month after the cause of action accrues.
APPLICABLE LAW - The laws of the State of Michigan govern these Terms. You, acting for yourself and successors and assigns, hereby expressly and irrevocably consents to the exclusive jurisdiction of the state and federal courts of Michigan for any litigation which may arise of out of be related to these Terms. YOU EXPRESSLY WAIVE TRIAL BY JURY.
SEVERABILITY - These Terms shall not be construed against the party preparing them, but shall be construed as if all parties jointly prepared these terms and conditions of sale and any uncertainty or ambiguity shall not be interpreted against any one party. If any provision hereof is held to be illegal, invalid or unenforceable under any present or future laws, such provision shall be fully severable and the terms and conditions herein shall be construed and enforced as if such illegal, invalid or unenforceable provision had never been made a part hereof. The remaining provisions herein shall remain in full force and effect and shall not be affected by such illegal, invalid or unenforceable provisions or by their severance herefrom.