Terms and Conditions
*Custom furniture items are non-returnable. If you have would like to have upholstery or color samples sent to you, please contact us.
Terms & Condition of Sale
1. Acceptance and Agreement. The provisions upon checkout and these Terms and Conditions of Sale constitute the entire agreement between Martin Public LLC dba Kay-Twelve.com and the Purchaser and supersede all other communications between the parties, whether written or oral (the “Agreement”). No purported modification or waivers of the provisions hereof shall be binding on Martin Public LLC dba Kay-Twelve.com for any purposes unless contained in writing, signed by an authorized representative of Martin Public LLC dba Kay-Twelve.com. The provisions hereof shall be deemed to have been accepted by the purchaser’s acceptance of all or any part of the products covered hereby. All orders or any changes to such orders shall be subject to acceptance by Martin Public LLC dba Kay-Twelve.com at its headquarters in Worthington, Ohio.
2. Prices. The price quoted upon checkout supersedes all previously quoted prices. This price does not include any sales taxes, if applicable, which is the responsibility of the Purchaser.
3. Payment Terms. For approved purchase orders, money orders, or checks Net 15 days for all scheduled payments as detailed upon checkout. The order date is consistent with the date of this Agreement. The product delivery date is the date on which the respective product is delivered to the Purchaser’s location or designated warehouse, rigger, or storage location. The installation completion date is the date on which the Purchaser signs the verifying acceptance. In the event of payment default past 30 days of the due date, all unpaid balances, obligations, or indebtedness shall become immediately due and payable and subject to a monthly finance charge of 1½ %. All finance charges will not exceed applicable state regulations.
4. Lead times. Lead times vary by product; to check the lead time on a product, visit the page of the product you are interested in and at the bottom of the screen you will find the lead time under the (additional information tab) or feel free to contact Martin Public LLC dba Kay-Twelve.com.
5. Refusal to Accept Delivery. In the event that the Purchaser or one of its agents refuses delivery for whatever reason on or after the estimated delivery date, the Purchaser will be responsible for the payments in accordance to checkout page in addition to any supplemental storage charges incurred by Martin Public LLC dba Kay-Twelve.com as a result of the delay unless the delay is caused by Martin Public LLC dba Kay-Twelve.com, one of its manufacturers, freight carriers, subcontractors, and/or any other agent acting on Martin Public LLC dba Kay-Twelve.com’s behalf.
6. Freight and Shipping. Freight and shipping terms are detailed on the checkout page. All claims for errors, shortages, or damage must be made in writing to the respective Account Representative within 10 days of receipt of goods at the Purchaser’s location. It is the Purchaser’s responsibility to examine all products and packaging at the time of delivery; including the quantity of items received. If there is a shortage or damage to packaging and/or products, be sure to make note of it on the delivery acceptance. You have the right to refuse delivery for damaged products. All of our shipping costs are dock to dock to busineses or commercial facilities within the Continental United States only. (Sorry, no residential deliveries.) Please contact us for a freight quote to any other area of if you would like to make additional arrangements for your order. Contact Martin Public LLC dba Kay-Twelve.com to arrange for lift-gate services, inside delivery, or installation services for an additional fee.
7. Returns. Custom furniture items are non-returnable. Returns cannot be made after 30 days. For stocked items, re-stocking fees and return shipping costs will apply to all undamaged items being returned. Restocking fees and return shipping costs will vary by manufacturer. Original shipping costs will not be refunded. Returns cannot be made after the product has been used or assembled. To return items, contact Martin Public LLC dba Kay-Twelve.com to receive a Return Material Authorization (RMA) number to apply to the package. All items must be in the original carton, unassembled and unused.
8. Limited Warranty. If applicable, defects in materials in workmanship are warranted by the manufacturer of the respective product. Martin Public LLC dba Kay-Twelve.com does not provide a warranty above and beyond the manufacturer’s warranty. Contact your local Martin Public LLC dba Kay-Twelve.com account representative or contact the Service and Installation Department at 888-624-5451 for a copy of the manufacturer’s warranty or maintenance programs offered by Martin Public LLC dba Kay-Twelve.com. The sole and exclusive remedy for breach of any warranty hereunder shall be limited at Martin Public LLC dba Kay-Twelve.com’s option to repair, correction, or replacement in accordance with the warranty. Martin Public LLC dba Kay-Twelve.com shall not be liable for damages caused by action (whether based in contract, infringement, negligence, strict liability, other tort or otherwise) nor shall Martin Public LLC dba Kay-Twelve.com’s liability to Purchaser or its agents exceed the price paid by Purchaser for the specific goods provided by Martin Public LLC dba Kay-Twelve.com giving rise to the claim or cause of action. Purchaser agrees that in no event shall Martin Public LLC dba Kay-Twelve.com’s liability to Purchaser and/or its agents extend to include incidental, consequential, or punitive damages. The term “consequential damages” shall include but not be limited to loss of anticipated profits, business interruption, loss of use or revenue, cost of capital or loss or damage of property or equipment.
9. Availability, Errors, and Inaccuracies. Martin Public LLC dba Kay-Twelve.com's acknowledgement of an order means that your order request has been received; it does not mean that your order has been accepted or shipped or that the price or availability of an item has been confirmed. Martin Public LLC dba Kay-Twelve.com makes a conscientious effort to describe and display its products and services accurately on the Site. Despite these efforts, a small number of items on the Site may be mispriced, described inaccurately, or unavailable, and we may experience delays in updating information on the Site and in our advertising on other sites. As a result, we cannot and do not guarantee the accuracy or completeness of any information, including prices, product images, specifications, availability, and services. Martin Public LLC dba Kay-Twelve.com reserves the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice. If an item's correct price is lower than our stated price, we will charge the lower amount and ship you the item. If an item's correct price is higher than our stated price, if the item is no longer available, or if we determine that there were inaccuracies in our product information, we will cancel your order and notify you of such cancellation via email.
10. Limitation of Remedy and Liability. Neither the Company nor the Customer shall be liable to the other for any claims for indirect, incidental or consequential losses whether arising from negligence or otherwise. In the unlikely event of a claim, the Company’s liability under the contract will not exceed the price paid by the Customer to the company for the equipment and/or services provided connected with any claim.