Terms and Conditions for Website Customers

These Terms and Conditions for Website Customers ("Terms and Conditions") contain the terms and conditions that apply to all purchases and Purchasers of products from My Plumbing Shop's website. By purchasing products from My Plumbing Shop's website, Purchaser agrees to be bound by these Terms and Conditions.

1. Terms

Sales made by My Plumbing Shop are made subject to these Terms and Conditions, which shall prevail over any inconsistent terms of Purchaser's purchase order or other documents. No terms and conditions in any way altering or modifying these Terms and Conditions shall be binding upon My Plumbing Shop unless they are specifically authorized in writing by My Plumbing Shop. Pursuant to Section 2-207 of the Uniform Commercial Code, My Plumbing Shop objects to any terms and conditions in addition to or different from these Terms and Conditions which may be contained in any writing issued by Purchaser. These terms are the final, complete and exclusive statement of all the Terms and Conditions of Purchaser's account with My Plumbing Shop and the sale of goods by My Plumbing Shop to Purchaser.

2. Delivery

Shipment of goods by My Plumbing Shop are made F.O.B. point of shipment and all goods are shipped at Purchaser's risk. Title and risk of loss passes to Purchaser upon delivery to the point of delivery per applicable shipping terms. Purchaser shall pay all insurance costs associated with delivery. All freight and transportation claims are the responsibility of Purchaser. My Plumbing Shop shall not be liable to Purchaser for goods that are damaged or lost while in the possession of a common carrier, and it will be Purchaser's responsibility to recover any and all damage directly from the common carrier.

3. Delays in Shipment

My Plumbing Shop will use commercially reasonable efforts to ensure timely delivery. Delay in shipment shall not relieve Purchaser of its obligation to accept remaining shipments. In no event shall Purchaser be entitled to liquidated, delay or consequential damages as a remedy for any delay in delivery.

4. Acceptance

Purchaser must report claims for defects, shortages or other discrepancies in writing immediately upon discovery, but in no event later than ten (10) days after delivery of the goods which are sold by My Plumbing Shop to Purchaser or Purchaser shall be deemed to have irrevocably accepted the goods and such claims shall be deemed waived. My Plumbing Shop's sole responsibility for defective goods shall be to replace the defective goods provided that My Plumbing Shop is able to obtain replacement from the manufacturer of the goods. My Plumbing Shop shall not be responsible for reimbursement of any contractor fees or other costs incurred by Purchaser to replace the defective goods. Purchaser shall have no right to set off amounts due with respect to one transaction for claims under any other transaction with My Plumbing Shop.

5. Returns

All returns are subject to a twenty (20%) percent restocking fee on all material, supplies and equipment returned for credit. All returns must be in the original cartons or packaging in new, resalable condition. Special order items are considered billable at time of order and are non-returnable.

6. Warranty

My Plumbing Shop does not manufacture goods, nor does My Plumbing Shop provide any warranty for any goods. The goods sold by My Plumbing Shop to Purchaser are warranted and guaranteed only to the extent and in the manner warranted and guaranteed to My Plumbing Shop by the manufacturer of such goods. ALL OTHER WARRANTIES ARE EXCLUDED, WHETHER EXPRESSED OR IMPLIED BY OPERATION OF LAW OR OTHERWISE, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

7. Limitation of Damages

My Plumbing Shop's liability hereunder, and Purchaser's exclusive remedies hereunder, either in contract or in tort or pursuant to statute, are expressly limited to the giving of credit or replacement of goods. Purchaser must give My Plumbing Shop written notice identifying the defective goods and specifying the defect within ten (10) days after receipt of the goods. My Plumbing Shop must also be given the opportunity to inspect the defective goods. Failure to give required notice or allow inspection shall constitute a waiver of all claims against My Plumbing Shop. My Plumbing Shop's responsibility is limited to the extent that it is able to obtain equivalent credit or replacement from the manufacturer and Purchaser complies with all manufacturer requirements. Purchaser and My Plumbing Shop agree that My Plumbing Shop shall not be liable for any consequential, incidental, special or indirect damages of any kind including loss of anticipated profits. Purchaser's exclusive remedy shall be against the manufacturer of the goods.

8. All Sales Are "As-Is"

The sale of all goods and equipment on this website are provided on an "As-Is" and "As Available" basis.

9. Delays; Force Majeure

My Plumbing Shop shall not be liable for delays caused by circumstances beyond its control, including but not limited to transportation issues, labor difficulties, acts of terrorism, natural disasters, or governmental actions.

10. Indemnity

Purchaser agrees to indemnify and hold harmless My Plumbing Shop from any liability, damages, or expenses arising from use, installation, or resale of goods, especially if such use is improper or uncertified. This includes indemnity for intellectual property infringement when goods are manufactured based on Purchaser specifications.

11. Choice of Law / Forum

These Terms and Conditions are governed by the laws of the State of California. Legal proceedings must take place in federal or state courts located in Contra Costa County, California. My Plumbing Shop and Purchaser waive trial by jury.

12–16. Other Provisions

12. Waiver: A waiver of one breach is not a waiver of others. 13. Invalid Provisions: Any unenforceable clause does not affect the rest of the Terms. 14. Amendment: My Plumbing Shop may amend these Terms at any time. 15. Assignment: Purchaser may not assign rights without written consent. 16. Miscellaneous: These Terms represent the entire agreement between Purchaser and My Plumbing Shop.

EPA Section 608 Notice to Homeowners

All HVAC equipment must be installed by a licensed contractor certified by the EPA under Section 608. Unauthorized installation may cause injury, damage, or warranty loss. The purchaser is fully responsible for proper installation and agrees to indemnify My Plumbing Shop from liability related to misuse or improper installation.