1. Price
Orders are accepted subject to prices in effect at the time of shipment of this price list and prices are subject to change without notice. The published pricing schedule shows suggested list prices and is subject to a trade discount as determined by Aker Plastics Company Inc. (hereafter “Aker”). Orders will be invoiced at the price in effect at the time the orders are placed. Selling prices may be readjusted without notice during the year, for instance if transportation costs increase due to fuel surcharges.
2. Conditions of acceptance
The acceptance, shipment or delivery of any order is conditional upon approval of Aker’s credit department and upon these sales terms and conditions applying to the order and not any others, unless specifically agreed to in writing by Aker. Aker reserves the right to require satisfactory security for performance of the purchaser obligations prior to making shipment on any order. Any sold merchandise remains the property of Aker until full payment is received, in accordance with applicable laws, such as the Uniform Commercial Code — Sales in the United States.
3. Terms of payment
General payment terms are net 30 days. A rate of 2% monthly (26.82% per annum, compounded monthly) will apply on overdue accounts. No goods will be delivered to customers not complying with our sales and payment conditions.
4. Taxes
All prices published are exclusive of applicable taxes.
5. Lost merchandise
If, upon receipt, the recipient notices that certain products are missing, he must immediately notify our customer service department. The recipient must then indicate which products are missing on the delivery slip and countersign it. The enclosed bill of lading allows you to verify shipped and received merchandise.
6. Shipping damage
Damage occurring in transit is the responsibility of the carrier. Aker will not be held responsible for shipping damage. The product should be carefully examined by the user or installer at time of receipt to ensure it is damage free. If any damage is discovered, it should be noted on the freight bill, and a claim should be filed against the carrier as soon as possible. Inspection of the unit prior to installation is the responsibility of the installer or building contractor who acts on behalf of the user, or the user himself. They are responsible for ensuring that the unit is free of defect or damage. In the event of a problem, the unit must not be installed. Aker is not responsible for failures, costs, damages or claims that could have been discovered, repaired or avoided by proper inspection and testing prior to installation.
7. Returns
Aker has a selective and conditional merchandise return program. All returns must be approved and authorized by an Aker customer care advisor by issuing an RGA number. Any returned merchandise is liable for a 25% restocking fee and labor costs and freight charges, if necessary. Aker will only accept returns of current product (not discontinued) in standard finishes or colors accessories or options. The products must be less than 6 months old, in original condition and free of any permanent markings, degradation or signs of installation or wear and tear. Contact the Aker Customer Care Center for a copy of the complete return policy.
8. Color variations
Aker shall not be responsible for variations in granite color, wood grain, or color shades in the natural wood used; or for slight differences in color or texture of the material delivered in relation to the sample shown or provided to the purchaser. The purchaser may not use such differences to obtain
a price discount or to cancel the order.
9. Cancellation
Orders must be cancelled within 24 hours of receipt of Aker’s confirmation for acrylic product orders. Gelcoated fiberglass orders must be canceled within 72 hours prior to shipping. All cancellation requests must be made by fax and be confirmed by Aker.
10. Design and dimensions
Aker reserves the right to discontinue products at any time or change specifications and/or design without notice and without incurring obligation.
All dimensions are approximate and subject to change without notice.
11. Maintenance
Regular disinfection provides an effective defense against various types of bacteria that can develop in the deposits building up over time in all bathtubs and showers.
For daily maintenance cleaning, use a moist cloth and gentle liquid detergent.
For acrylic surfaces, occasional use of a special acrylic surface cleaner such as Lumashine or Lumacream will add luster and protect the finish.
Certain types of therapeutic products when added to bath water, or if applied non-diluted directly in the bath, may damage the unit finish. Test the product on a small inconspicuous surface prior to use.
Do not use abrasive cleaners, scrapers, metal brushes, or any items or products that could scratch or dull the surface.
12. Limited warranty
Aker offers the following express limited warranty on each of its products. This warranty extends only to the original owner/end-user for personal household use. For commercial uses, additional limitations apply.
Aker warrants acrylic units to be free from defects in workmanship and materials under normal use and service for a period of ten (10) years from the initial date of purchase by the owner/end-user, contractor or builder from an authorized dealer.
Aker warrants gelcoated fiberglass units to be free from defects in workmanship and materials under normal use and service for a period of three (3) years from the initial date of purchase by the owner/end-user, contractor or builder from an authorized dealer.
Aker warrants ABS to be free from defects in workmanship and materials under normal use and service for a period of three (3) years from the initial date of purchase by the owner/end-user, contractor or builder from an authorized dealer.
Aker warrants polystyrene shower kits, tub wall kits, utility tubs and accessories to be free from defects in workmanship and materials under normal use and service for a period of one (1) year from the initial date of purchase by the owner/end-user, contractor or builder from an authorized dealer.
Aker warrants whirlpool motors/pumps to be free from defects in workmanship and materials under normal use and service for a period of five (5) years from the initial date of purchase by the owner/end-user, contractor or builder from an authorized dealer.
Aker warrants whirlpool and air systems (except perimeter air system check valves that have a 10-year warranty – see below) to be free from defects in workmanship and materials under normal use and service for a period of two (2) years from the initial date of purchase by the owner/end-user, contractor or builder from an authorized dealer.
Aker warrants electrical components to be free from defects in workmanship and materials under normal use and service for a period of two (2) years from the initial date of purchase by the owner/end-user, contractor or builder from an authorized dealer.
Aker warrants Barrier Free Package Components to be free from defects in workmanship and materials under normal use and service for a period of one (1) year from the initial date of purchase by the owner/end-user, contractor or builder from an authorized dealer.
Aker warrants shower doors and trim kit (in chrome or satin stainless steel) to be free from defects in workmanship and materials under normal use and service for a period of ten (10) years from the initial date of purchase by the owner/end-user, contractor or builder from an authorized dealer.
Aker warrants ceramic cartridges for faucets against any leaks resulting from normal use by the owner/end-user, contractor or builder for a limited lifetime.
Aker warrants thermostatic cartridges to be free from defects in workmanship and materials under normal use and service for a period of five (5) years from the initial date of purchase by the owner/end-user, contractor or builder from an authorized dealer.
Aker warrants faucet finishes to be free from defects in workmanship and materials under normal use and service by the owner/end-user, contractor or builder. Aker offers a lifetime warranty on its Chrome, Polished Brass and Brushed Nickel finishes.
Aker warrants the factory treated wood parts to be free of all material or workmanship defects under normal use and service for a period of two (2) years from the initial date of purchase by the owner/end-user, contractor or builder from an authorized dealer.
Aker warrants grab bars to be free of all material or workmanship defects under normal use and service for a period of four (4) years from the initial date of purchase by the owner/end-user, contractor or builder from an authorized dealer.
Any product reported to the authorized dealer or to Aker as being defective within the warranty period will be repaired or replaced (with a product of equal value) at the option of Aker. Costs for freight associated with shipping of replacement product/parts might be charged to customer. In no event will Aker be liable for the cost of repair or replacement of any installation materials, including but not limited to, tiles, marble, etc. This warranty extends to the original owner/end-user and is not transferable to a subsequent owner.
Neither the distributor, authorized Aker dealer nor any other person has been authorized to make any affirmation, representation or warranty other than those contained in this warranty; any affirmation, representation or warranty other than those contained in this warranty shall not be enforceable against Aker or any other person.
Aker reserves the right to modify this warranty at any time, it being understood that such modification will not alter the warranty conditions applicable at the time of the sale of the products in question.
13. Limitations
This warranty shall not apply following incorrect operating procedures, breakage or damages caused by fault, carelessness, abuse, misuse, misapplication, improper maintenance, alteration or modification of the unit, as well as chemical or natural corrosion, accident, fire, flood, act of God or any other casualty. This warranty shall not apply to stain or malfunction caused by ferrous water, hard water or salty water.
The owner/end-user of the product covered by this warranty is entirely responsible for its proper installation and electrical wiring. Aker neither installs nor supervises the installation, nor hires a contractor for this purpose, and consequently cannot be held responsible for any defect, breakage or damage caused thereby or resulting thereof, either directly or indirectly. The owner/end-user must provide access to the components of the product as described in the installation guide, so that Aker can execute the warranty specified herein.
If such access is not available, all expenses to provide said access will be the responsibility of the owner/end-user.
This warranty does not apply to products or equipment not installed or operated in accordance with instructions supplied by Aker and all applicable rules, regulations and legislation pertaining to such installations.
Aker strongly recommends that its products-for example, but without limitation, shower doors and other items—be installed by professionals with experience in bathroom products. Installation of shower doors by an inexperienced person may result in glass breakage and, consequently, cause personal injury or death.
Aker is not liable for any costs, damages or claims resulting from the purchase of products that do not fit through openings or existing structures. Aker is not liable for any costs, damages or claims resulting from defects that could have been discovered, repaired or avoided by inspection and testing prior to installation.
Aker is not liable for personal injuries or death to any person or for any direct, special, incidental or consequential damage, loss of time, loss of profits, inconvenience, incidental expenses, labor or material charges, or any other costs resulting from the use of the product or equipment or pertaining to the application of the present warranty, or resulting from the removal or replacement of any product or element or part covered by this warranty.
EXCEPT AS OTHERWISE PROVIDED ABOVE, AKER MAKES NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE OR COMPLIANCE WITH ANY CODE.
In any case, Aker cannot be liable for any amount over and above the purchase price paid for the product by the owner/end-user, contractor or builder.
14. Commercial Limitations
In addition to the above conditions and limitations, the warranty period for products installed for commercial applications or used in commercial ventures is of one (1) year from the initial date of purchase by the owner/end-user, contractor or builder from an authorized dealer. Aker is not responsible for loss of use or profit under any circumstances.
If the product is used as a display, Aker standard warranty applies and the warranty period begins when the product is placed on display. This warranty gives the owner/end-user specific legal rights. The owner/end-user may also have other rights which vary from one state and/or province to another.
15. Warranty service
In order to obtain service provided under this warranty during regular business hours, contact the dealer or distributor who sold the unit, or Aker directly. Aker will provide the warranty service described above when the following conditions have been met: (1) the failure is of the nature or type covered by the warranty; (2) the user has informed an authorized Aker Agent or Warranty Service Department representative of the nature of the problem during the warranty period; (3) conclusive evidence (e.g., proof of purchase or installation) is provided to the foregoing by the user proving that the failure occurred or was discovered within the warranty period; and (4) an authorized independent service person or company representative has been permitted to inspect the product during regular business hours within a reasonable time after the problem was reported by the user.
Aker’s warranty obligation shall be discharged upon tender of replacement or repair. The purchaser refusal to accept the tender terminates Aker’s warranty obligation.
Aker products are certified by one or more of the following certification agencies:
- UL
- IAPMO
- ULI
- INTERTEK (ETL)
- WARNOCK HERSEY
Certain models are pending certification approval. Certification may be ended by Aker or certification agencies without notice.
The symbol ® / R indicates a registered trademark of MAAX US Corp.
The symbol TM indicates a trademark of MAAX US Corp.
© MAAX US Corp., 2008