TERMS AND CONDITIONS
SECTION 1:
ACCOUNTS, PRICING, PAYMENTS, and GENERAL TERMS
A. Placing an order with Kokeena constitutes acceptance of these Terms and Conditions
B. Pricing:
1. Prices on the Kokeena price list are retail prices.
2. Trade Account net prices (discounts) are determined per account and are subject to change.
3. All prices are subject to change without notice.
C. Accounts:
1. Trade members may apply for a Trade Account by contacting Kokeena.
2. All accounts are Cash on Delivery unless otherwise established in writing.
D. Pay Terms:
1. Cash On Delivery (COD) Account:
a.) A deposit of 50% must accompany all COD orders. No COD order will be placed into production until this down payment is received.
b.) Payment for the balance must be received prior to order shipment.
E. Withheld Shipments:
1. Kokeena reserves the right to withhold from production or shipment any order from an account with a past-due balance.
F. Returns:
1. Manufactured case goods are made to order and are not returnable.
2. Samples are non-returnable
3. Hard goods (pulls, knobs, brackets, etc.) may be returned up to 30 days after delivery for full refund minus 20% restocking fee. Customer is responsible for return shipping. Returned items must be in original, unopened packaging.
G. Questions concerning these policies or the status of an individual account should be directed to Kokeena.
ORDERING PROCEDURES and POLICIES
A. Order Acknowledgement and Confirmation:
1. Upon receipt of an order request, Kokeena will review the order, issue a project name and/or number, and will email an acknowledgement to the customer within 24 hours.
2. After processing the order request, Kokeena will email a manufacturing order to the customer for review and signature.
a. The customer is responsible for reviewing the manufacturing order and making any necessary changes. If no changes are necessary the customer should sign all pages where indicated and return to Kokeena.
b. Orders are manufactured according to the specifications on the signed manufacturing order. A copy of the signed manufacturing order will remain on file with Kokeena.
B. Change Orders:
1. Changes to orders can be made without penalty prior to the order entering production.
2. Once an order has entered production any change will incur a $50.00 change order fee in addition to the following charges:
a.) 50% of cost of catalog (non-custom) doors or casework that have been fully or partially manufactured and which are being removed from the order.
b.) 100% of the cost of non-catalog (custom colors, finishes, or species) that have been fully or partially manufactured and which are being removed from the order.
3. All changes must be made in writing. Kokeena will confirm all changes and charges in writing and will require customer signature to complete the change.
C. Order Additions:
1. Additions to orders can be made without penalty prior to the order entering production.
2. All additions must be made in writing and will be processed as new orders. Kokeena will confirm all additions and charges in writing and will require customer signature to complete the amendment.
3. If an order has entered production, additions will be treated as a new order and will be put into the production queue.
4. Kokeena will attempt (but cannot guarantee) to ship additional orders with the original order in a single shipment.
D. Cancellation Policy:
1. A case goods order which has not entered production may be canceled; however, the customer will be charged a $50.00 cancelation fee.
2. Cancellations after a project has entered into production will credited the full amount minus material / labor costs accrued and cancellation fee.
3. Sample and hardgoods orders can be cancelled any time prior to shipment; your credit card will be refunded the purchase amount (subject to paragraph D4).
4. Credit card processing fess will be subtracted from any amounts refunded.
SHIPPING POLICIES
A. General Policy Statements:
1. All product shipments are F.O.B. location of manufacture (usually Portland, Oregon).
2. Kokeena schedules freight deliveries as a service for its customers.
3. Kokeena assumes no responsibility for products once they have been loaded aboard the truck at the factory.
4. All deliveries will be scheduled on private carriers whenever possible.
5. Deviation from the shipping guidelines outlined in this section must be authorized in writing in advance by Kokeena.
B. Scheduling:
1. Shipment schedules will conform as closely as possible to the ship date requested by the customer.
2. Private carrier drivers are instructed to call ahead to the customer while in transit regarding specific arrival times and if necessary, directions.
C. Notification of Shipment:
1. Kokeena will notify the customer of the departure of a shipment on or before the day the truck leaves the factory.
2. Kokeena will notify the customer of any production or shipping delays affecting the due date of a delivery.
D. Receiving Deliveries:
1. Customers are expected to take delivery of orders on the date the scheduled shipment arrives.
2. Notification must be given at least 5 days prior to order completion if the customer cannot receive the order as scheduled.
3. Any order that remains in Kokeena’s warehouse for more than 30 days beyond the completion date will incur storage charges. These fees will be assessed at a rate of $50.00 per month.
4. Drivers are only responsible for moving the order from the interior of the trailer to the sidewalk/driveway.
5. It is the responsibility of the customer to ensure that personnel are available at the site of delivery to off-load the order from the sidewalk/driveway.
6. A reasonable amount of time is scheduled for the unloading of an order at the point of destination.
a.) It is imperative that the driver adheres as closely as possible to his schedule for the convenience of other customers who also have orders on the truck.
b.) Unreasonable shipping delays caused by failure of a customer to make adequate advance arrangements to receive a delivery may result in additional charges.
8. It is the responsibility of the customer to verify the receipt of each item at the time of delivery.
a.) The customer is responsible for checking off each item listed on the Packing Slip as it is removed from the truck.
b.) If damage, defective materials, errors or shortages are noticed during the off-loading, the customer should inform Kokeena of the nature of the problem by email within three working days of the delivery (See paragraphs E, F, G, and H for further details regarding the handling of damaged, defective or missing items).
c.) The customer must make note on the driver’s Bill of Lading (BOL) of visible damage to the outside of shipping crates.
9. The failure of the customer to notify Kokeena of any problems incurred in a shipment within three working days of delivery constitutes an acknowledgement that all items on the original order and delivery copy were received in good condition.
E. Defective Merchandise:
1. Claims for defective merchandise should be directed to Kokeena.
2. Claims for defective merchandise will be handled as per terms of the Kokeena Defective Merchandise Policy (see Section 3).
a.) If the defects are apparent at the time the shipment is delivered, the customer should email Kokeena within three working days of the delivery to explain the nature of the problem. Customer to note on the driver’s paperwork as “Received Damaged” and photo documentation for potential freight claim.
b.) If the defect is not apparent until the item is unwrapped, the customer should notify Kokeena within three working days of the discovery.
F. Items Lost in Transit:
1. If the number of items in a delivery does not conform to the number listed on the Packing Slip, the customer should make a notation of this shortage on the packing slip and notify Kokeena within three working days of the delivery.
2. Claims for items lost in transit should be filed immediately with the transportation company making the delivery.
3. Kokeena assumes no responsibility for items lost in transit.
G. Missing Items:
1. The customer is responsible for verifying that all the items on their copy of the original order match the items listed on the Packing Slip to insure all ordered items are included in the shipment.
2. If an item on the original product order was not sent with the shipment the customer should proceed as follows:
a.) If the absence of the item should is apparent at the time of delivery, notify Kokeena within three working days of the delivery.
b.) If the absence of the item could not reasonably be detected until after the shipment has been unwrapped, notify Kokeena within three working days of the discovery.
3. Upon proper notification and verification, Kokeena will send the missing item(s) on the next available truck or by more expeditious transport upon demonstration of need.
H. Damaged Goods:
1. The acceptance of a shipment by the Transportation Company is an acknowledgement that the merchandise was delivered to in good condition and was properly packaged.
2. Kokeena is not responsible for damage that occurs during shipment.
3. Claims for merchandise damaged in shipment should be made directly to the Transportation Company.
4. The customer must be present at the time of delivery to carefully inspect each item removed from the truck for any signs of damage.
5. Notification of damage should be handled as follows:
a.) Kokeena should be notified of any damage sustained in shipping within three working days of the delivery or its subsequent discovery.
b.) If the shipping damage incurred is minor in nature, it is the responsibility of the customer to touch-up or correct the problem.
c.) If the damage is not minor, the Kokeena will file a claim with the Transportation Company within a week of delivery.
d.) If the damage is not apparent until the item is unwrapped, then a claim should be filed with the Transportation Company within a week of being discovered.
e.) Should the customer need to repurchase the item in question, Kokeena will reproduce and ship the item as quickly as possible.
I. Site Suitability:
1. In determining the suitability of the route and location for a job site delivery, the customer should note the following facts and guidelines:
a.) The overall length of the truck and trailer varies between 60’ and 65’.
b.) A minimum overhead clearance of 14’ is required.
2. The customer is responsible for:
a.) Communicating with the Transportation Company to ensure adequate cornering, maneuvering, and turning radius space are available at the job site.
d.) Verifying weight limits of roads and bridges along the proposed route (a 30-ton weight allowance is required).
e.) Ensuring that the conditions of the roads on route to the job site are suitable for truck travel. The delivery vehicle will not leave the traveled portion of the road.
f.) Ensuring that the route to the job site can be legally traveled by a semi-truck (a tractor / trailer combination).
J. Freight Charges:
1. Freight charges are listed on the invoice provided to the customer for signature.
2. Kokeena reserves the right to assess additional charges beyond the invoiced shipment fee if site conditions are found not to allow standard delivery.
K. Packaging:
1. Standard packing consists of wrapping the corners, edges, fronts, sides and any other finished portion in corrugated cardboard.
2. Non-invasive packaging straps are used with packing tape to fasten packing materials. Heavy cardboard (or like material) is placed under the straps to prevent damage to cabinets.
3. Painted products are placed in plastic wrap before cardboard packaging is applied.
4. Bubble wrap is used to wrap products that have applied moulding.
5. If extreme mishandling is a possibility, Kokeena will, upon request, crate or palletize an order. A quote for this type of packaging may be obtained from Kokeena.
SECTION 2:
WOOD CHARACTERISTICS
A. Kokeena uses high quality hardwoods and hardwood veneers. Because wood is a natural and organic raw material, there are varying degrees of difference in wood characteristics from one wood species to another and within the same wood species.
B. One or more of the following variations in wood grain characteristics may occur within a particular order or on a given product item:
1. Intense, prominent and / or unusual grain patterns.
2. Grain pattern fluctuations from even to irregular, vertical to sweeping.
3. Rift Cut woods:
a.) Doors made of white oak use rift cut material.
b.) Rift cut wood reveals a grain pattern entirely different from that revealed by standard milling procedures.
c.) Rift cut wood will display medullary rays (vertical streaks, bands or plates of wood fiber radiating between the pith and bark of a tree).
4. Grain patterns affect the way in which wood absorbs stains and may cause variations in the finish.
C. One or more of the following variations in wood hue characteristics may occur within an order or on a given product item.
1. Color variations due to fluctuations in mineral and acid content within differing soil conditions.
2. Mineral streaks are caused by the uneven absorption of soil nutrients within a tree.
3. Hardwoods may contain shades of white, red, black or green.
4. Color variations in the wood affect the way in which it absorbs stain and may cause variations in the finish.
D. Finished wood products are light reactive.
1. Prolonged exposure to natural and artificial light will cause the finish to “age” and change color to some degree.
2. The degree of change will vary from one individual piece of wood to another.
3. The lighter the tone of the cabinet finish, the greater will be the color change due to light exposure.
4. Newly finished cabinets may vary in shade from color blocks of the same stain which have “aged” due to light exposure.
E. Wood products are climate reactive.
1. During summer months and periods of high humidity, wood cabinets will swell.
2. During winter months and periods of low humidity, wood cabinets will shrink.
3. Movement of cabinets from one climate zone to another will affect the cabinets accordingly.
4. Grain telegraphing and hairline fractures at joints (panel doors) in painted products is a natural result of this climate reactivity and is not considered a defect for warranty purposes (see Section 4).
F. Cabinet finish and its effect on highlighting of wood grain and hue characteristics may vary.
1. Grain pattern and wood hue variations are more pronounced the lighter the finish.
2. Slight color variations within a given color may occur from one batch of stain to the next causing minor color variations from one order to another or between a color sample and an order.
G. Variations in the finished product due to characteristics of wood and finish described in sections B., C., D., E. and F. above are inherent in the natural materials used and are not considered defects or grounds for replacement.
1. These variations constitute a part of the beauty and uniqueness of natural construction materials.
2. These variations may be visible throughout a cabinet order, on adjacent cabinets, from one door to the next, on drawer fronts mounted on the same cabinet or even within the same panel.
3. These varying characteristics may not be evident on a small display or color sample.
4. Kokeena will make no effort to match door and drawer front wood characteristics, with the exception of the matching of grain patterns on single cabinet units or across a run of units as may be specified on the order.
SECTION 3:
DEFECTIVE MERCHANDISE POLICY
A. Defective merchandise will be replaced free of charge in accordance with the KOKEENA Limited Warranty (Section 4) and guidelines set forth in this section.
B. All Kokeena case goods are manufactured for each individual order and may not be shipped back to Kokeena on a “Return for Restock” basis.
C. It is the responsibility of the customer to contact Kokeena within three working days of the discovery of the defect and review the nature of the problem.
D. Defective merchandise problems will be handled either by replacing or reworking the item in the field or returning the item to Kokeena for repair or replacement, whichever method is deemed appropriate by Kokeena.
E. The following are guidelines for return of an item to Kokeena for repair or replacement:
1. Defective doors or other items must, upon request, be returned to Kokeena before a replacement order will be processed.
2. It is the responsibility of the customer to obtain authorization from Kokeena prior to returning defective merchandise.
3. All items to be returned must be properly packaged to prevent further damage in shipment.
4. Replacement Items may be made from a different batch of wood.
F. The following are guidelines for repair of merchandise in the field:
1. If providing replacement parts can rectify the problem, the customer should seek authorization from Kokeena for shipment of the parts in question, which will be provided at no charge.
2. Kokeena may require return shipment of the defective parts for inspection.
3. If labor charges will be incurred to correct the problem, the customer must submit an estimate for these charges and seek prior authorization from Kokeena before undertaking the repair.
4. Kokeena may require an on-site inspection by its field representative before authorizing a repair.
5. Kokeena will issue the customer a credit for authorized repairs upon receipt of an itemized copy of the paid repair bill.
6. Kokeena will not be responsible for issuing credit for an unauthorized labor bill.
G. Warped Doors:
1. Doors that appear to be warped must hang for a period of six months before replacement by Kokeena will be considered.
2. Warpage must be at least ¼” (measured when placed on a flat surface) on any size and style of door before replacement is considered.
3. Doors over 24 inches wide or 60 inches high are not warranted against warpage, but can be fitted with straightening hardware at customer’s expense.
4. Panel doors higher than 47 inches must have a centered mid-rail to be warranted against warpage.
5. Warped doors must be returned to Kokeena, with prior authorization, for inspection before replacement will be considered.
6. If the door is determined to be warped, a replacement will be shipped to the customer at no charge.
7. In determining if a permanent warpage has occurred, the customer should bear in mind the following:
a.) Doors, which appear warped, may result from a change in climate and may self-correct after the environment goes through the first heat season and dries out.
b.) When installed, a new cabinet may be forced out of square creating the appearance of warpage. If this occurs, the following steps should be taken:
i. Adjust the hinges on the cabinet to compensate for the unevenness.
ii. If the problem persists, remove the door and check the tolerances on a flat surface to verify warpage before proceeding.
H. Freight Charges:
1. If Kokeena has requested the customer to return an item to the factory, Kokeena will pay the freight.
2. All replacement items or parts sent by Kokeena to a customer to rectify a defect in materials and workmanship will be sent freight prepaid.
3. Kokeena will not accept any items returned “Freight Collect” without prior written authorization.
SECTION 4:
LIMITED WARRANTY
A. The Kokeena Limited Warranty appears, in its entirety, below in paragraph D.
B. It is the responsibility of the designer/specifier to ensure that the provisions of the Limited Warranty are reviewed and explained to each customer at or before the consummation of a sale.
C. If Kokeena’s Limited Warranty materials are not reviewed and explained to a purchaser and Kokeena incurs liability or damage as a result, the dealer shall be obligated to fully reimburse Kokeena for all costs incurred as a result, including those for legal defense, damages and other payments made by Kokeena.
D. The Kokeena Limited Warranty reads as follows:
KOKEENA LIMITED WARRANTY
This Limited Warranty is the exclusive warranty granted by Kokeena Corp (hereinafter KOKEENA).
KOKEENA warrants that its products shall be free from defects in materials and workmanship for a period of 2 years from the date of shipment. This warranty is limited to the original retail purchaser (hereinafter purchaser) at the original site of installation. This warranty applies to residential applications only and is non-transferable. It is conditioned by the purchaser’s proper handling of products after delivery.
This warranty is given in lieu of all other warranties, expressed or implied, including warranties of merchantability and fitness for a particular purpose.
If defects in materials and / or workmanship of a product (s) should appear, the purchaser must notify the KOKEENA dealer from whom it was purchased or, only if this is no longer possible or does not apply, KOKEENA, during the period of this warranty, specifying the nature and extent of the defects. KOKEENA’s sole obligation is, at its discretion, to either repair or replace the defective product at no cost to the purchaser. KOKEENA shall not be liable for labor, transportation or other charges for adjustments, repairs, removal, installation or other work which may be done upon or in connection with KOKEENA products by the dealer, their agents or others.
This warranty applies to manufacturing defects only. It does not cover normal wear or apply to products which have been subject to an accident or have been misused, abused, neglected, damaged by improper cleaning solvents, exposed to extremes of moisture, humidity or temperatures, modified, improperly handled, shipped or installed, or used for any purpose or in any way not originally designed and intended by the manufacturer.
Replacement products may not exactly match the original products due to the passage of time and natural aging of wood or changes in availability of materials.
Wood, being a natural substance, has inherent characteristics such as mineral streaks, pin knots and varying hues, colors and grain patterns. Fluctuations in the inherent characteristics are not considered manufacturing defects nor are naturally occurring color changes due to the aging of wood and / or exposure to various light sources.
This warranty does not cover products or parts not supplied or manufactured by KOKEENA and only applies to KOKEENA products purchased through an authorized KOKEENA dealer or directly thought KOKEENA.
KOKEENA shall not be liable for any direct, indirect, incidental or consequential damages arising from any defects in its products. KOKEENA’s sole obligation is to remedy any defects in the manner described above. KOKEENA does not assume, nor authorize any person to assume for it, any liability in connection with the sale of its products. No KOKEENA dealer, agent or employee has the authority to create any additional warranty or increase the scope of this warranty.
Some states do not allow limitations on the existence or duration of implied warranties and do not allow exclusion nor limitation of incidental or consequential damages, so the above limitations or exclusions may not apply to you. This warranty gives you specific legal rights. You may also have additional rights, which vary, from state to state.