NOTE

All products are made of natural materials, and therefore some variation in color and thickness is to be expected.
Colors may appear differently due to outstanding circumstances such as light exposure, weather, etc. Concrete is not a guaranteed non-staining surface. The concrete itself is indestructible, but staining can occur if spills from juices, oils, wine, or other liquids containing acids are not cleaned up quickly. Cutting boards should always be used when chopping or preparing foods. Miniscule, or what are referred to as hairline cracks, are nearly inevitable in a concrete kitchen. They don’t always occur, but they can develop. The cracks tend to be non-structural and are a result of the natural shrinkage of the concrete. They are commonly viewed as inherent characteristics of the concrete and not as flaws. All our concrete pieces have steel bar and concrete fiber, to reinforce it, so that if a crack develops, the structure of the piece is not compromised.

1. Acceptance of Orders.

1.1 All orders are subject to acceptance by Seller at Seller’s designated locations. Sales representatives have authority to transmit orders, but are not authorized to accept orders or otherwise bind Seller in any way.

1.2 Seller reserves the right to withdraw Goods from sale and modify these Conditions without prior notice.

1.3 Orders that contain terms which conflict with these Conditions shall be considered rejected without further notice to the originator.

1.4 In the event of a shortage of Goods, Seller reserves the right to allocate available Goods among customers in its own discretion.

2. Title, Shipment and Risk of Loss.

2.1 Unless otherwise agreed, all sales are FOB Seller’s shipping point, and title and risk of loss or damage transfers to Buyer at that point.

2.2 Carriers are chosen by Seller.

2.3 Goods may not be returned to Seller without express written consent of Seller. 

2.4 Any delivery period specified by Seller is based on the time of concluding the agreement and prevailing circumstances and, to the extent depending on performance of third parties, on the information provided by those third parties; provided, however, any such delivery period and / or implementation period is not a deadline and Seller shall not be liable for any delays

3. Prices and Payment Terms.

3.1 Prices quoted are for the Goods described for one order and one billing.

3.2 Prices applicable are those in effect at the time of acceptance of the order.

3.3 Taxes (except Seller’s income tax), special handling, shipping charges, insurance, and other similar charges are additional and paid by Buyer.

3.4 Payment in Full is due prior to production. All the above to be paid in U.S. dollars in immediately available funds, without set off or deduction. 3.5 Delinquent payments shall be subject to post maturity charges of one and one-half percent per month or the highest rate permitted by law at the point of delivery.

3.6 A delinquent Buyer shall pay Seller’s reasonable costs of collection, including attorney’s fees and court costs. Seller may increase prices at any time without prior notice. In the event of a price decline, Seller shall have no liability or obligation to refund any portion of payment resulting from prior sales.

4. Warranty and Limitation of Liability.

4.1 Representations regarding the composition and performance of the Goods are believed reliable, but SELLER MAKES NO WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, REGARDING SUCH INFORMATION OR GOODS EXCEPT THAT SELLER WARRANTS THAT IT HAS GOOD TITLE TO THE GOODS AND THE GOODS WILL CONFORM TO THEN CURRENT SPECIFICATIONS AT THE TIME OF SHIPMENT. SELLER EXPRESSLY DISCLAIMS THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. 4.2 Any samples, drawings, pictures or models shown to, or otherwise viewed by, Buyer are only indications of the respective products and are not intended to provide any representation of the final Goods. 

4.3 Seller’s liability for breach of the above warranty, whether at law, in tort or in contract, shall not exceed the cost to Buyer of the defective Goods.

4.4 IN NO EVENT WILL SELLER BE LIABLE TO BUYER FOR INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, WHETHER OR NOT SELLER HAS BEEN ADVISED OF THE POSSIBILITY OF SAME.

5. Claims.

5.1 Claims made against Seller in connection with defective Goods must be made in writing upon signature acceptance on the date of delivery or they are waived by Buyer and will not be considered by Seller.

5.2 Claims for short shipments must be made within three (3) days of delivery or they are waived.

5.3 Buyer’s sole remedy for defective Goods shall be in accordance with applicable Seller policies.

5.4 Defective Goods are subject to inspection and review by Seller prior to adjustment of the claim.

5.5 ANY LEGAL ACTION AGAINST SELLER IN CONNECTION WITH THE SALE OF GOODS, INCLUDING BUT NOT LIMITED TO QUANTITY, PRICES, PRODUCT PERFORMANCE, OR BREACH OF WARRANTY, UNDER ANY THEORY, MUST BE COMMENCED WITHIN SIX (6) MONTHS OF THE DATE OF INVOICE. THEREAFTER, SUCH SUITS ARE BARRED, OTHER STATUTES OF LIMITATIONS NOTWITHSTANDING. Buyer agrees to this limitation of actions by placing an order with Seller.

6. Force Majeure.

6.1 Seller’s performance under any order accepted pursuant to these Conditions shall be excused in the event of fire, explosion, flood, severe weather, accident, strike, governmental act, embargo, shortages of raw materials or fuel, computer system failure, war or military action, riot, civil disturbance or any other event beyond the control of Seller or which materially affects the economic basis of the bargain (“force majeure”). 6.2 Seller’s performance in the event of a force majeure shall be excused for so long as the cause continues, without liability. If the force majeure shall continue unabated for ninety (90) consecutive days, Seller may, at its option, cancel any order so affected without liability.

7. Intellectual Property.

7.1 Buyer agrees that no right, title, or interest in any intellectual property is transferred by this sale of Goods from Seller.

8. Assignability.

8.1 Orders accepted by Seller may not be assigned or otherwise transferred by Buyer without the prior written consent of Seller, which may be withheld in Seller’s sole discretion.

8.2 Any attempt to so assign or transfer shall not relieve Buyer of its obligation to accept and pay for Goods which it ordered.

9. Entire Agreement.

9.1 These Conditions supersede all prior inconsistent undertakings by Seller and/or Buyer, written or oral.

9.2 Orders placed through electronic means are subject to these terms in addition to any other agreements concerning electronic procedures, and if there are inconsistencies between such other agreements and these Conditions, the terms hereof shall control.

10. Governing Law; Consent to Jurisdiction and Venue. 

10.1 These Conditions shall be governed by the laws of the State of California, and the courts of California shall have exclusive jurisdiction without reference to the choice of law, conflicts of law, or principles of any other state or country which might otherwise be applied. BUYER HEREBY CONSENTS TO JURISDICTION, PERSONAL AND OTHERWISE, OF SUCH COURTS, AND HEREBY WAIVES ANY OBJECTIONS OF ANY NATURE TO VENUE IN SUCH COURTS.

11. Miscellaneous.

11.1 These Conditions shall be binding on and inure to the benefit of the respective successors and permitted assigns of the parties; provided, however, that Buyer shall not assign its rights or obligations under the Conditions without Seller’s prior written consent.

11.2 No waiver of any provision of these Conditions by Seller shall be valid unless the same is in writing and signed by Seller.

11.3 Seller reserves the right to unilaterally modify or amend any portion of these Conditions at any time without prior notice.

11.4 The current version of these Conditions and any modifications or amendments supersede all prior versions of these Conditions. The most current version of these Conditions may be found at Seller’s website (www.wwoo.nl/us/) and is otherwise available upon request.

Shipping/Delivery Terms & Conditions

WWOO Concrete Outdoor Kitchens, LLC cannot be held responsible for delays in transit. Products will be on pallets and enclosed in an OSB plywood crate.

ANY damages in shipment must be declared and stated on the shipping manifest/delivery receipt with shipping carrier at the time of accepted delivery. Pallet damage requires visual inspection of its contents. Immediate inspection with driver present is highly recommended. Without documentation upon acceptance of delivery, WWOO is not responsible for any damages and signee may be responsible for cost of replacement pieces.

If contents cannot be inspected immediately, note on carrier’s paperwork must read: “Crate damage, subject to inspection” and list damages.