Welcome to AKDO. Thank you for visiting our website and we are glad you are here. This is our Terms of Use. It describes for you the terms, conditions, and rules applicable to your use of and access to our websites located at https://www.akdo.com and https://professional.akdo.com/ (the “Website”). This Terms of Use does not apply to any other website, service, or application of AKDO, Inc. or any websites, services, or applications linked to or from the Website.
In this Terms of Use, AKDO, Inc. is sometimes referred to simply as “AKDO”, “we”, “our”, or “us”. This Terms of Use is a legally binding agreement between AKDO and you, so please read it carefully. If you do not agree this Terms of Use, you may not use the Website.
- Use of the Website
The Website is made available for use in the United States. Although the Website is accessible worldwide, is not necessarily appropriate for use outside the United States. Your use of the Website and any function or service on the Website is void where prohibited. If you choose to access the Website from outside the United States, you do so on your own initiative and you are solely responsible for complying with applicable local laws. The Website may be modified, updated, interrupted, suspended, or discontinued at any time in whole or in part without notice or liability.
- Content
As between you and AKDO, we own “Our Content,” which includes but is not limited to visual interfaces, interactive features, graphics, design, compilation, including, but not limited to, computer code, products, software, and all other elements and components of the Website excluding any third-party content. We also own the copyrights, trademarks, service marks, trade names, and other intellectual and proprietary rights throughout the world (“IP Rights”) associated with Our Content, which are protected by copyright, trade dress, patent, trademark laws and all other applicable intellectual and proprietary rights and laws. As such, you may not modify, reproduce, distribute, create derivative works or adaptations of, publicly display or in any way exploit any of Our Content in whole or in part except as expressly authorized by us. Except as expressly and unambiguously provided herein, we do not grant you any express or implied rights, and all rights in and to Our Content are retained by us.
- Privacy
Use of the Website is subject to the Website Privacy Policy that is incorporated into this Terms of Use, which is available at https://akdo.com/privacy-policy/.
- Acceptable Use
AKDO has established certain basic requirements for the use of the Website and we require you to adhere to them. The purpose of these requirements is to set forth how you may use the Website and certain behavior and actions that are prohibited. When using the Website, you are not allowed to upload or share anything that:
- Is sexually explicit or pornographic, creates a genuine risk of physical injury or property damage, or promotes self-harm or drug abuse
- Attacks, bullies or harasses or includes hate speech
- Infringes anyone’s intellectual property, privacy or other rights
- Is fraudulent or deceptive
- Contains any information or content that is illegal or knowingly false
Further, you are not allowed to:
- Access, tamper with or use non-public areas of the Website
- Break or circumvent our security measures or otherwise test the vulnerability of our systems or networks
- Use any undocumented or unsupported method to access, search, scrape, download or change the Website
- Try to interfere with any other Website visitor
- Do anything that violates applicable law or regulations
- Encourage or help anyone do any of the things on this list
- Notification of Claims Infringement
A copyright owner or an agent thereof who believes that content infringes upon such copyright owner’s copyrights may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing AKDO’s Copyright Agent (identified below) with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the Copyright Agent to locate the material;
- Information reasonably sufficient to permit the Copyright Agent to contact the owner or its agent, such as an address, telephone number, and, if available, an electronic mail address;
- A statement that the owner has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- A statement that the information in the notification is accurate, and under penalty of perjury, that the copyright owner or its agent is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
AKDO’s designated Copyright Agent to receive notifications of claimed infringement may be contacted at: 1435 State Street, Bridgeport, CT 06605 or via email at marketing@AKDO.com.
NOTE: If the owner or its agent fails to comply with all of the requirements of this section, the DMCA notice may not be valid.
- Third Party Links, Sites, and Services
The Website may contain links to third-party websites, services, offers, or other events or activities that are not owned or controlled by AKDO. We do not endorse or assume any responsibility for any such third-party sites, information, materials, products, or services. If you access any such third party website, service, or content, you do so at your own risk and you agree that AKDO will have no liability arising from your use of or access to any third-party website, service, or content.
- Disclaimers
The Website, and all included content, applications, and technologies, is provided on an “as is” basis without warranty of any kind, whether express or implied. AKDO SPECIFICALLY DISCLAIMS ANY AND ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE.
- Limitation on Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, AKDO SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOOD-WILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE WEBSITE OR ANY CONTENT OR WEBSITES LINKED TO FROM THE WEBSITE. IN NO EVENT SHALL AKDO’S AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE WEBSITE EXCEED ONE HUNDRED U.S. DOLLARS (U.S. $100.00).
- Governing Law and Jurisdiction
This Terms of Use shall be governed by the laws of the State of Connecticut, without respect to its conflict of laws principles. We each agree to submit to the personal jurisdiction of a state court located in Fairfield County, Connecticut or the United States District Court for Connecticut.
- How to Contact Us
If you have questions about this Terms of Use, you can contact us by email at marketing@AKDO.com.
- General Terms
Notification Procedures and Changes to this Terms of Use. From time to time, we may change this Terms of Use. We will provide notice to you if these changes are material. Notice may be by email to you at the last email address you provided us, by posting notice of such changes on our Website, or by other means, consistent with applicable law. Your continued use of the Website following such notice constitutes your acceptance of such changes. If you do not agree to the new terms, we ask that you discontinue accessing the Website.
Assignment. This Terms of Use, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by AKDO without restriction. Any attempted transfer or assignment in violation hereof shall be null and void.
Entire Agreement/Severability. This Terms of Use, together with the Privacy Policy, constitute the entire agreement between you and AKDO concerning the Website. If any provision of this Terms of Use is deemed invalid, then that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions of this Terms of Use will remain in full force and effect.
No Waiver. No waiver of any term of this Terms of Use shall be deemed a further or continuing waiver of such term or any other term, and our failure to assert any right or provision under this Terms of Use shall not constitute a waiver of such right or provision.
Terms of Payment
TERMS & CONDITIONS
CS.14 – 11.2024
- Introduction: These terms and conditions of sale (these “Terms”) govern the sale of materials by AKDO Intertrade, Inc. and AKDO Pacific LLC. (Herein after referred to as “AKDO”) to the customer named below (“Customer”).
- Prices: Prices are subject to change without notice.
- Claims and Warranty: Customer shall inspect all material immediately upon delivery and report any product damage or discrepancy to AKDO within 48 hours of delivery, before installation, cutting or other modification of material, in order to be considered for credit. Material quantity, color, shading, quality, finish, thickness, bevel and correctness of material must be checked upon delivery/receipt. Natural stone is a product of nature; therefore, no two pieces are exactly alike. Pits, fissures, veins, fossils and shading variations are inherent characteristics of natural stone. Though porcelain, ceramic, metal and glass products are man-made, variations will occur from lot to lot. Carpet pile crushing, matting, pilling, shedding, fuzzing, shading, soiling, and watermarking are not manufacturing defects and will not be considered for claims. Due to the process of dyeing carpet fibers, there may be variations in color between samples and the final product.
- Warranty Invalidation: AKDO will not accept claims for any reason after the material has been cut, modified or installed. Customer must dry-lay all product prior to installation. AKDO also highly recommends that natural stone products be sealed with a high quality penetrating sealant, following sealant company’s instructions. Specific questions or concerns regarding installation should be addressed to an installation professional. AKDO assumes no responsibility for any faulty installation.
- Payment: If the order is a special order item, refer to the payment terms outlined in the Special Order Agreement. For regular stock items:
- Visa, MasterCard, American Express Credit Card payment, ACH/Wire payment is required on delivery unless Customer has established a pre-approved line of credit with AKDO.
- Customer has 30 calendar days from the invoice date to report any discrepancy on the invoice to AKDO. If Customer does not report a discrepancy within 30 days, the invoice will be deemed accepted and due in full.
- Customer must remit payment to AKDO’s address printed on the invoice
- AKDO reserves the right to request an updated credit application for Customers that are pre-approved for a line of credit.
- AKDO reserves the right not to extend credit to credit applicants, or to modify or withdraw credit at any time, at AKDO’s sole discretion.
- Incorrect/Late Payments
- Late fees in the amount of 5% of the invoice amount will be assessed 5 days after the due date indicated on the invoice, at which time the account will be considered in default. Interest will accrue at the rate of 2.5% per month on all subsequent months the balance remains unpaid.
- Customer shall be responsible for all collection costs, including attorney’s fees, court costs and post judgment interest, if it is necessary for AKDO to take legal action on past due accounts.
- Holds: AKDO will hold materials for 5 business days. AKDO will automatically release materials after 5 business days unless Customer has provided a signed purchase order.
- Ordering Process:
- Customer calls AKDO or views AKDOboutique.com to verify stock availability and current price of material.
- Customer faxes or emails a purchase order to AKDO, or places order through AKDOboutique.com. AKDO does not accept verbal or email orders without an attached purchase order.
- Customer shall ensure that its purchase orders include Customer’s company name, billing address, ship-to address, contact, phone and fax number, material information (item number, name, size, and finish), quantity, unit of measure, price, detailed shipping instructions including ship date, and payment terms.
- Within 48 hours, AKDO will process Customer’s purchase order. AKDO will email or fax confirmation to Customer; Customer will review this conformation for accuracy.
- AKDO will hold purchase orders with backordered item(s) until the backordered item(s) become available unless Customer instructs AKDO via emailor fax to ship stocked material separately. Once backordered item(s) become available, normal order processing policies will apply.
- If orders exceed AKDO’s normal stock levels they may be treated as a Special Order, requiring a 50% non-refundable deposit.
- Orders are only considered valid once AKDO has sent Customer a confirmation.
- Shipments and Storage:
- Customer shall have 30 days from the day that its ordered materials are available at AKDO’s warehouse (and AKDO has so notified Customer) (the “Availability Date”) to finalize the sale and pick-up such materials or authorize AKDO to ship such materials to Customer. In the event that Customer does not pick-up or permit AKDO to ship ordered materials within such 30-day window, AKDO may charge Customer a 50% non-refundable deposit, and Customer may be required to pay AKDO $100 per month for each pallet or A-frame of material being stored beyond the 30-day window.
- AKDO shall retain a general lien on any such materials for any sums due from Customer on any account whatsoever, including storage charges and other fees incurred until such sum has been paid. In the event that AKDO is storing such materials and Customer fails to pick-up or permit AKDO to ship such materials for more than 60 days following the Availability Date, then AKDO may sell the goods and use the proceeds to recoup any such sums due, and return to the Customer any balance of the proceeds of such sale remaining (without any interest due on the same). AKDO may also bring suit for delinquent sums and charges without first exercising its right to sell.
- All shipments are quoted from AKDO’s warehouse(s) unless stated otherwise. Title passes onto the freight carrier upon pickup from AKDO’s facility, except deliveries that are made via AKDO vehicles, and unless the order is a Special Order with different shipping terms outlined in the Special Order Agreement.
- Orders requiring product to be transferred from one AKDO warehouse to another will include a fee of $1/sqft of material, in addition to the standard shipping fees, unless the local warehouse is out of stock or has insufficient stock to fulfill your order. Please note: a 20% cancellation fee will apply to any canceled transfer truck orders.
- AKDO is not responsible for freight costs, unless the order is a Special Order with different shipping terms outlined in the Special Order Agreement.
- AKDO will use common carrier service unless otherwise specified by Customer.
- All shipments via FedEx and UPS are subject to a handling charge of $10 per box plus applicable freight charges.
- Field tiles and select merchandise are only sold in full cartons.
- Returns: All returns must be pre-authorized by AKDO.
- AKDO will not accept any returns without an accompanying Return Authorization Form. Please mark the RA# clearly on the shipping documents. AKDO will determine final credit upon receipt and inspection. Please note that any returns that arrive damaged back to AKDO will not be credited to the dealer.
- A 20% restocking fee applies to all returns. Any authorized shipments received without proper paperwork will incur a 10% fee, in addition to the restocking fee.
- AKDO will not accept any returns freight collect. Returns must be freight prepaid by Customer.
- Returns will not be accepted after 30 days from the invoice date.
- Materials returned must be in resalable condition, and with the original packaging intact and undamaged.
- For any materials returned due to damage sustained during shipment, pictures of visible damage must be taken at time of delivery. Customer must not sign off on any deliveries showing visible damage, all issues must be reported to the freight company’s representative immediately at time of deliver.
- Returns Disclaimer: AKDO will not accept claims for any reason after material has been cut, modified, or installed. The customer has chosen to install their own surface covering product. Neither AKDO nor the manufacturer shall have any responsibility for damage to property or for personal injury resulting from or related to the installation process. The Customer has determined the appropriate product and measurements for their needs. Except as otherwise set forth in writing, AKDO disclaims all representations and warranties regarding the suitability of the product for its intended use or the accuracy of measurements. Please read all instructions with care before beginning installation. These instructions are considered a guide, to help prevent problems caused by errors in installation. The instructions should not be considered complete. Many details of installation are learned through experience and general construction knowledge, which we cannot provide. The installation guidelines are intended to be recommendations only, and they are not intended to serve as a step-by- step installation checklist. Selection of an experienced installer is the Customer’s sole responsibility. The Customer should consult with a professional installer to determine the best installation procedure for their project. Installers should refer to the most current industry standards and specifications for installation. The Customer assumes all risks of loss or damage in connection with the installation and use of the surface covering product.
- Returns Authorization Process:
- Call or email AKDO to obtain a return authorization.
- After reviewing the request, AKDO will email a Return Authorization form to Customer either accepting or declining Customer’s request.
- If accepted, Customer shall place a copy of the Return Authorization Form with the materials being returned and write the Return Authorization Number on the shipping documents.
- Following approval, should the material not be returned to AKDO within a 10-day period, AKDO reserves the right to cancel the RMA request and refuse acceptance of the return.
- Online Sales: AKDO does not permit companies other than AKDO to sell our products online, or for any prices for our products to be listed online other than on AKDOboutique.com. This helps protect our customer network from consumers price shopping and protects the value of the AKDO product.
- You have chosen to install your own AKDO product. Neither AKDO nor the manufacturer shall have any responsibility for damage to property or for personal injury resulting from or related to the installation process. You have determined the appropriate product and measurements for your needs. Except as otherwise set forth in writing, AKDO disclaims any and all representations and warranties regarding the suitability of the product for its intended use or the accuracy of measurements.
Please read all instructions with care before beginning installation. These instructions are considered a guide, to help prevent problems caused by errors in installation. The instructions should not be considered complete. Many details of installation are learned through experience and general construction knowledge, which we cannot provide. The installation guidelines are intended to be recommendations only, and they are not intended to serve as a step-by-step installation checklist.
Selection of an experienced installer is your sole responsibility. You should consult with a professional installer to determine the best installation procedure for your project. Installers should refer to the most current industry standards and specifications for installation. You assume all risks of loss or damage in connection with the installation and use of AKDO product.
- Entire Agreement: AKDO and Customer acknowledge that these Terms (i) set forth the entire agreement and understanding between the parties with respect to the sale of goods by AKDO, (ii) fully replace and supersede any prior understanding, promises or agreement between the parties with respect to the sale of goods by AKDO, and (iii) govern all sales of goods from AKDO to Customer. Notwithstanding the foregoing, AKDO and Customer agree that these Terms shall not supersede or replace AKDO’s “Special Order Agreement”, which, if executed, shall supplement these Terms with respect to special orders. In the event of a conflict between these Terms and the terms of a “Special Order Agreement”, the terms of the “Special Order Agreement” shall control with respect to special orders.
- Terms & Conditions are subject to change at any time. At the time of your purchase and/or deposit, visit www.akdo.com/terms to view current terms and conditions.
AKDO expressly disclaims any supplemental or contradictory terms or conditions offered by Customer, and AKDO and Customer acknowledge that these Terms supersede any such terms. Acceptance is limited to these Terms (and, if signed, the “Special Order Agreement”). For more information about Special Orders, please refer to AKDO’s Special Order Terms and Agreement Policies