Terms of Sale

1. Terms

All orders will be governed by the following terms and conditions. This will constitute an agreement between the purchaser (herein called “ Buyer” ) and myoh ( herein called “ seller” ). This supersedes all previous oral and written statements of any kind between parties by their representatives.

2. Acceptance of Terms and Conditions

            Unless seller’s authorized agent at seller office accepts, buyer order shall not constitute contract of sale between buyer and seller. Any acceptance of buyer’s order is conditioned upon buyer’s assent to the terms and conditions of this agreement. Any terms or conditions on buyer’s purchase order or elsewhere in any correspondence with buyer, shall not bind seller unless agreed in writing at sellers office by seller authorized officer, stating specifically and approving an amendment to this agreement. Buyer shall notify seller in writing of any objection to the terms of this agreement as soon as seller accept an order from buyer. In the absence of any objection by buyer to the terms of this agreement it will be concluded buyer’s acceptance of all terms and conditions and seller will immediately commence performance of an order by buyer without waiting for receipt of seller’s written acknowledgement of an order reaching to buyer.

  1. Shipping and Freight

Unless agreed, all prices are FOB, Seller’s shipping location. Seller decision for place of shipment will be final.

Flat Rate Freight Shipping

-         Orders under $100 : $9.75 Flat rate shipping

-         Orders $100 and above : $13.75 Flat rate shipping

Flat rate Expedited within 48 contiguous states

UPS

< $35

$36-$250

$251-$750

> $750

RED ( 1 DAY )

$40

$55

$80

Get a Quote

BLUE ( 2 DAYS )

$25

$50

$70

Get a Quote

ORANGE ( 3 DAYS)

$20

$30

$50

Get a Quote

 

-         There will be $3.5 extra freight charges for drop shipments.

-         Flat Rate Freight Shipping not eligible for drop shipments.

-          COD orders are billed at regular UPS rates and do not qualify for the flat rate freight program.

-         Orders will normally ship within 1-2 days for in stock products.

-         Please allow up to 4 weeks for all the orders not in stock.

-          Incorrect addresses will be charged a $20 address correction fee.

-          All orders are shipped UPS Ground unless you specify a different method of shipment.

3. Payment Terms

Only upon approval by seller’s credit department, shipments and deliveries will be made of the orders for all items. Until credit is approved, orders will be shipped only after payment in advance has been paid.

Buyer should submit credit application and references to expedite credit approval.

Other than specifically agreed upon in writing, payment terms are Net thirty (30 days) from the date of seller’s invoice. Any past due balances will be subject to an interest of two percent (2%) per month and will be added to past due balances. Buyer will be responsible for costs and expenses and attorney’s fees incurred to collect past due balances.

On selecting "Net 30 days payment" option uner Payment method section at the time of opening you account with us, you agree to our Credit Policy.

4. Cancellations

Buyer cancellation of an order will subject to service charge incurred in processing of an order and may be charged to buyer. There are certain orders at the sole discretion of seller which once placed cannot be cancelled. Seller will prior inform buyer of such orders.

6. Handling Charges

Seller at its sole discretion may charge a handling fee of $25 on orders under $100 exclusive of any taxes and shipping.

7. Accident or Malfunction

In the event there is malfunctioning or an accident which involves the product manufactured or sold by seller, buyer will promptly inform seller and in any event within thirty (30 days) of such incident. Buyer will cooperate and provide support to the seller in the investigation of such incidents. Buyer also agrees to defend, protect and save seller harmless in the event buyer fails to give notice to seller and do not co operate.

8. Buyer Agreement to Defend

Buyer agrees to defend, protect and save seller harmless against all suits at law or in equity and from all costs of such suites, reasonable legal fees, expenses, damages, claims and demands arising out of or awarded in connection with any goods: a) sold or supplied to buyer by seller that are not maintained and operated in accordance with seller’s recommended procedures or b) sold or supplied to buyer by seller to meet buyer’s specifications, requirements or instructions.

9. Warranty

A ) Decorative Hardware

Seller warrants for the lifetime of the original consumer purchaser that decorative hardware will be free from defects in material and workmanship.

Mechanical Warranty:

Seller warrants for the lifetime of the original consumer purchaser that the decorative hardware products will be free from mechanical defects.

Mechanical Warranty Except as otherwise provided below, Seller warrants to the original buyer that each  product shall be free of mechanical defect for as long as the buyer occupies the residential premises upon which the product was originally installed.

Finish Warranty

 Seller’s Lifetime Finish Warranty and Limited Finish Warranty for the different Finishes:

 Lifetime Finish Warranty: Seller warrants the polished nickel, bright chrome finishes over brass shall be free from defects in material and workmanship from tarnishing, flaking, pitting, and discoloring for the lifetime of the applicable product as long as the original buyer occupies the residential premises upon which the product was originally installed.

Limited Finish Warranty: The finish on seller products is protected by a durable lacquer designed to maintain the beauty and quality of the seller product. For seller products purchased with a Limited Finish Warranty, seller warrants the finish shall be free from defects in material and workmanship from tarnishing, flaking, and discoloring for either a) five (5) years from date of purchase for interior use or b) one (1) year from the date of purchase for exterior use; as long as the original buyer occupies the residential premises upon which the product was originally installed.

Living Finishes: Finishes Such as Pewter, Oil Rubbed Bronze, Aged brass, Brush nickel, Brush copper, Brush Brass etc. are living finishes.  These finishes age with use and with geographical and atmospheric conditions. These changes in finish are not manufacturing defects and are not covered by this warranty.  Due to the nature of these living finish products, they will wear over time. This is inherent characteristic of a living finish product.  No finish warranty is offered on living finish products, which are designed to age and improve over time.

What does warranty not cover?

a)     Seller products are manufactured to high Standards and good manufacturing practices and processes.  Best grades of materials are used to produce them however the process like castings involves hand craftsmanship and hand applied finishes, there could be casting imperfections or surface blemishes which were allowed by our strict quality control people, These should not be considered as unacceptable quality but the best quality given nature of processes and craftsman ability we could obtain. All final decisions of Quality remain exclusively in the discretion of Seller.

b)      Any Seller’s product which has been damaged as a result of installation contrary to any of Seller’s written installation instructions is not covered by this warranty.

c)        Any Seller product having a defect caused by neglect, misuse, abuse or unreasonable or extraordinary use or maintenance is not covered by this Warranty, including use in a commercial application.

d)      Any Seller product having a defect due to use of paints, solvents, or other chemicals is not covered by this Warranty.

e)      Any Seller product that is used in combination with other than those manufactured by Seller and designated for use with the Product is not covered by this Warranty.

f)        This Warranty is not transferable. Therefore, no transferee is covered by this Warranty. Remedies if a claim is made under this Warranty and, after investigation by Seller, proves to be valid, seller will, at its sole option, either repair or replace the defective product. Upon such repair or replacement, the original remaining Warranty period will continue in effect and be applicable to the repaired or replacement of the seller product. If a seller product, which is covered by this Warranty has been discontinued at the time of repair or replacement or if seller determines, in its sole discretion, that such repair or replacement is inappropriate, seller reserves the right to refund the original purchase price of the product. Except as expressly provided in the Warranty to the contrary, Seller SHALL NOT BE OBLIGATED OR LIABLE FOR LABOR OR OTHER COSTS RELATED TO INSTALLATION, REPAIR OR REPLACEMENT OF A Seller PRODUCT OR FOR LOSS OF, OR DAMAGE TO, ANY MATERIAL WHICH IS NOT SOLD BY Seller. Any product believed to be defective as covered by this warranty may not be returned without prior written authorization.

g)      All claims must be made within thirty (30) days from the discovery of the alleged defect(s). Each claim must be in writing and sent to address below and be accompanied by a proof of purchase. If requested must permit inspection of the product By Seller or its representatives. If, after investigation, Seller determines that the claim is valid, the remedy will be performed by or on behalf of Seller in accordance with the above heading, “Remedies”. Limitation of Liabilities Except as expressly provided in this warranty, (a) Seller MAKES NO WARRANTIES, AND DISCLAIMS ALL, WARRANTIES, REPRESENTATIONS AND GUARANTEES (WHETHER EXPRESS, IMPLIED OR STATUTORY), INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND (b) Seller SHALL NOT BE OBLIGATED OR LIABLE FOR LABOR OR OTHER COSTS RELATED TO INSTALLATION, REPAIR OR REPLACEMENT OR FOR LOSS OF, OR DAMAGE TO, ANY MATERIAL WHICH IS NOT SOLD BY Seller. Seller SHALL NOT, IN ANY EVENT, BE LIABLE FOR ANY CONSEQUENTIAL OR INCIDENTIAL DAMAGES SUFFERED BY PURCHASER. SOME STATES DO NOT ALLOW EXCLUSION OF IMPLIED WARRANTIES, EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES OR LIMITATIONS ON THE LENGTH OF AN IMPLIED WARRANTY, AND THEREFORE SOME OR ALL OF THE LAST SENTENCE UNDER THE ABOVE HEADING, “REMDIES” AND THE IMMEDIATELY PRECEDNG TWO SENTENCES MAY NOT APPLY

 

B) Functional Hardware ( Cabinet Organizers and Furniture fittings )

 

Seller warrants all functional hardware products to be free from any defects in material and workmanship.

This warranty is valid for 1 (one) year from the time of original purchase of the product.  Seller will send original purchaser without any charge, a new product to replace any defective product subject to this warranty. This warranty is a warranty of replacement only. Seller does not warrant removal of defective product and installation of the replacement product. This warranty does not cover products which were not installed correctly or misused and mishandled by using products for the load to excessive load or specifications to which product is meant to use and built for the purpose. Should Seller has discontinued or item is obsolete, Seller reserves the right to replace the defective product with current offering

10. Product Variation

Since most of the manufacturing and designs are work of art and are hand crafted and finished. There are variations within a lot and on lot to lot basis in color and finishes.

11. Returns

If you are not satisfied with your purchase, you can return for a full refund within 30 days of delivery. We have kept this simple.

How you qualify for a refund

To qualify for a refund, product returned must be

-         In its original packaging

-         In the same condition as it was delivered.

-         Not have been used, installed in any way          

You must request a Return Material Authorization prior to returning goods. RMA must be requested within thirty (30) days of the date of the shipment in order to be considered. myoh will not issue RMA for special orders, non stock items, obsolete, or made to measure products. For a limited time, there is no restocking fee. myoh reserves the right to change the policy on restocking fee. Please e mail to care@myohamerica.com for returns.. 
12. Shortages

Any claim of shortage must be filed with seller within Seven (7 Days) of receipt of goods by buyer. Any claims not made within this time will be considered delivery received in full. Please e mail to care@myohamerica.com

13. Damages

Seller will not be liable for any damages during shipment. All claims for any damage during shipment have to be filed by buyer with freight carriers and rules of respective freight carrier will apply to resolve claims. Seller is not liable to buyer for any incidental, indirect, consequential or punitive damages or lost profits or any other liabilities arising to third parties regardless of the nature of claim even if seller has been advised of possibility of such damages. This limitation of damages will apply without regard to whether other provisions of the agreements have been breached or are ineffective.

14. Delays

Seller will not be liable for any delays in production and delivery of goods due to a) mechanical failure at manufacturing facility of tools, machines or other equipments, accidents, labor shortages, unions, strikes, fire, flood, wars, acts of God, delay from suppliers, transportation delays, embargos, power cuts and other shortage of resources for energy, other priorities, limitations or other regulations posed by Federal, state or local government bodies or agencies thereof b) any cause beyond control of seller.

15. Governing Law

Both buyer and seller execute all orders with reference to the laws of State Of Delaware, United States.

16. Binding Effect

Provisions of any order shall bind and inure to the benefits of seller and buyer and their respective successors and permitted assigns. However this agreement or part thereof cannot be assigned by buyer without prior consent of seller.

17. Prices

Myoh has the right to change any prices and specification without notice, products in its catalog, website or other communications that does not prohibit such change. Buyer agrees to pay for all samples prices in excess of $10 on the date of shipment.

18. Ordering

Orders can be placed by e mail and registered accounts can order online through website, www.myohamerica.com

Send Orders by e mail

E mail : orders@myohamerica.com

 In favor of

myoh America Incorporation

7026 Groton Street

Forest Hills, NY 11375

-         Orders are not taken through phone

-         Please provide purchase order number and correct myoh item code and description as listed

19. Sample Program

myoh has encouraging sample program to help our channel partners win business.

-         Up to 5 free samples per sample order.

-         Free sample program applies to most of the knobs and pulls up to 8” cc or 224mm cc.

-         To Qualify for sample order, each SKU should be different

-         There will be a charge of $5 per samples towards packaging and shipping, irrespective of the actual costs.

-         Samples need not be returned.

-         Samples can be drop shipped and ship ground via USPS or UPS at the discretion of myoh.

-         Write free sample order while writing an order for samples and on website click on sample request button to place an order online

Sample program is an offer at the discretion of myoh and can be withdrawn without prior notice.

20. Taxes

Any applicable federal, state, local, government or other regulatory taxes or charges on the sale of shipment of the goods covered by this agreement shall be added to the amounts invoiced by seller and buyer will have to pay. Buyer agrees to hold seller harmless from any and all applicable governmental and regulatory taxes or charges whether or not invoiced by seller to buyer including interests and penalties or any incidental expenses thereupon in this connection

21. Interpretation

Each provision of this agreement will be interpreted in a manner as to be effective and valid under applicable law, but if any provision of the agreement should be prohibited or invalid under appropriate law, that provision will be deemed deleted and the rest of the provisions will be in full force and effect. The headings of the different sections of this agreement are for the purpose of convenience only and do not affect construction or interpretation of any of its provisions.