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Outdoor Fire and Patio

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Conditions of Use

Warranty:

Outdoor Fire and Patio is not a manufacturer of products. Any and all warranties provided for any products sold or distributed by Outdoor Fire and Patio shall be limited to those expressly provided by the manufacturer of those producs. Should you have a warranty issue, please contact outdoorfireandpatio@gmail.com for a return authorization number (RA). The RA number will be emailed or faxed to you along with the address to ship the products too. The RA number must be clearly marked on all packages shipped to OutDoorFireandPatio. No returns will be accepted without a return authorization number clearly marked on the outside of the package.

There will be NO returns on custom orders, i.g. Bowls, Concrete bowls, Copper Bowls, Stainless Steel Bowls, Bamboo Poles, propane tanks that the seal has been broken including fire rings that have been used. All packages and products must be shipped prepaid to the address provided with your return authorization (RA). Any package returned without an RA number clearly marked on each package or opened packages will be voided from warranty or returns. The cost of the refused shipment will not be paid by the customer. The returned product will be inspected. If Outdoor Fire and Patio or manufacturer determines the product is defective it will be replaced or repaired at the sole discretion of Outdoor Fire and Patio or manufacturer. If the item was replaced or repaired under warranty, all shipping costs will be reimbursed to the customer for returns to Outdoor Fire and Patio.

Any projected times or quoted dates are not guaranteed as per Outdoor Fire and Patio. Dates given are an estimated time of arrival only. Outdoor Fire and Patio will not be accountable for late delivery of any products mentioned by any employee.

Installation:

Outdoor Fire and Patio: will provide installation instructions for the product(s) and can also be downloaded from our home page of our web site under (Important Links) PDF files. We reccomend that installation of the product(s) are to be done by qualified, licensed, electricians, gas fitters etc… It is your responsibility to meet and comply with your State’s licensing and contracting requirements and regulations of installation of products provided by Outdoor Fire and Patio. Failure to do so may result in voided manufactures terms, fines and penalties from the state you are installing product(s) in. It is NOT Outdoor Fire and Patio’s Responsibility in knowing your local Municipality Codes, Laws or Regulations. OutDoorFireandPatio will not be held responsible for any failure or damage(s) or personal damage due from improper or unlicensed installation of product(s) provided by OutDoorFireandPatio. Any tampering or altering of products provided by OutDoorFireandPatio will be voided immediately and warranty canceled including returns.
Outdoor Fire and Patio DOES NOT cover, or reimburse, any additional cost or fees inquired from any future repair or replacement of components for any reason. This will be covered in full from the customer.

Payments:

Outdoor Fire and Patio: All payments for orders are to be cleared funds prior to shipping of any product(s). All time frames for shipping are projected dates only. Generally we offer a (3) business day delivery but some orders could be (5) to (10) business days or more. Custom orders can take up to 4-6 weeks for delivery this includes RCM 1 & RCM2 and automated tiki torches, Copper Bowls, Stainless Steel bowls and Concrete bowls. All special / custom orders are based on supply and demand, this would include, concrete bowls, copper bowls, stainless steels bowls, tiki torches, remote controlled units, (RCM1) (RCM2) and bamboo products. Delivery dates can fluctuate due to freight companies pick-up and transportation schedules. Outdoor Fire and Patio does not guarantee any delivery dates. Outdoor Fire and Patio will not be held responsible in any way due to late delivery of product(s) or loss of product(s) made between the freight company and Outdoor Fire and Patio or outside manufacturer distributor. Purchasing customer will accept the cost of return shipping to manufacturer (Outdoor Fire and Patio) in the event of any return product under returned products terms & condition mentioned with-in.
NOTE: Shipping charges and a 15% Restocking Fee inquired by a canceled order AFTER items have begun production or have already shipped out will be covered by the customer. These inquired fees will be taken out of your refund or canceled order.

Certifications/Inspections:

At this time there is no category for Decorative Outdoor Fire and Patio Features by UL (underwriters laboratories) or AGA/CSA (American gas association, Canadian Standards Association) so our kahuna series torches, automated tiki torches, remote control fire module have no certification. All of the parts used in the manufacturing of these products are made with UL or AGA/CSA or equivalent certified materials. The above companies are working on creating the guidelines for a "Decorative Outdoor Fire and Patio category. As soon as they do we will the St if not the only company with both our automated tiki torches & fire modules certified & approved. It is the sole responsibility of the customer to know and meet any local, county, or state codes and inspection requirements for the installation of fire features. We will assist in any way we can but the cost and procedure to meet those requirements is solely the responsibility of the customer. Since custom outdoor fire features is a relatively new concept, most local governments have no or very vague codes for installation requirements. We have found that in most cases the municipalities follow the handbook NFPA 58 (liquefied petroleum gas code) where they do not have a specific code pertaining to outdoor fire features.

Typographical Errors:

In the event that an Outdoor Fire and Patio product is mistakenly listed with a typographical or pricing error, OutdoorFireandPatio.com reserves the right to refuse or cancel such orders placed for product with typographical or pricing errors, whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, OutdoorFireandPatio.com shall issue a credit to your credit card account in the amount that was charged to your credit card for the product with typographical or pricing errors.

Litigation:

Any legal disputes are to be addressed in the jurisdiction of Las Vegas, Nevada for adjudication of any disputes and / or claims between the customer and Governing Company, Maui Fire, LLC DBA: Outdoor Fire and Patio. Customers, Contractors will pay out of pocket to meet there court dates in the State of Nevada, City of Las Vegas. If no representative appears in court it will be noted that by default Outdoor Fire and Patio wins there case. Customer will pay for any and all legal cost incurred through arbitration and Attorney Fees including loss of cost to the company, Interest, Merchant Fee's and Product. It is Outdoor Fire and Patio’ interest to meet specific requirements to our customer, Vendor, Dealer, or contractor. We value your business and strive to maintain a professional relationship and look forward to many years of continuing business.The terms and conditions herein may be altered from time to time by Outdoor Fire and Patio or governing Company, Maui Fire, LLC. In the event this occurs we will provide an updated notice on our web site under warranty's.

Funds:

All payments are to be cleared of funds prior to delivery. After funds have been cleared your order will be posted for commencement. Any returned checks (NSF) Non Sufficient Funds will be charged a $35.00 fee.
Any cancellation or charge back of credit card after processing or receiving product (s) is unlawful and litigation will be commenced immediately.
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              Terms & Conditions

              Warranty

              Outdoor Fire and Patio clearly acknowledges and agrees that it is not a product producer. Any and all warranties granted by Outdoor Fire and Patio for any items sold or distributed by them shall be restricted to those specifically provided by the manufacturer of such products. Outdoor Fire and Patio expressly disclaims any and all other warranties, whether expressed or implied, and whether arising by operation of law, course of dealing, usage, trade, or otherwise, and expressly excludes and declines any and all implicit guarantees, including, but not limited to, the merchantability and suitability for specific uses.

              Liability Restriction

              Outdoor Fire and Patio does not and will not accept any liability for the use of, or flaws in, any items supplied or distributed by Outdoor Fire and Patio (the “Products” on OutDoorFireandPatio.com (the “Site” It is recognized and acknowledged that communication with Outdoor Fire and Patio”s technical sales personnel is solely offered to aid in the identification of the Products. The technical sales personnel at Outdoor Fire and Patio do not and will not take any responsibility or liability for the installation or usage of any Products. To guarantee correct selection and installation of any of the Products, as well as compliance with local rules and ordinances, the client is urged to seek the aid of a certified licensed installer. We clearly disclaim and shall not be liable for any claims for damage, injury, cost, or expense sustained or incurred as a consequence of or otherwise resulting from the installation or use of any of the Products. Outdoor Fire and Patio and its employees, officers, directors, owners, and agents shall be indemnified, defended, and held harmless from and against any such claims for damage, injury, or expense sustained or incurred as a consequence of, caused by, or otherwise related to the installation or use of any Products ordered by the customer.

              TERMS AND CONDITIONS OF USE

              Conditions of Use

              BEFORE USING THIS WEBSITE, PLEASE READ THE ENTIRE TERMS AND CONDITIONS OF USE CAREFULLY. All users of this site acknowledge that access to and use of this site is subject to the terms and conditions listed below, as well as any other relevant laws. Please do not use this site if you do not agree to these terms and conditions.

              Copyright

              The whole content of this website, including but not limited to text, images, and code, is protected as a collective work under US and other copyright laws and is the property of Outdoor Fire and Patio. The collection comprises works licensed to Outdoor Fire and Patio. ALL RIGHTS RESERVED, 2012, Outdoor Fire and Patio. Permission is given to electronically copy and print hard copy elements of this site solely for the purpose of placing an order with OutDoorFireandPatio.com or purchasing items from OutDoorFireandPatio.com. You may view and, subject to any explicitly stated limitations or prohibitions associated with specific material, download or print portions of the material from the various areas of the site for your own non-commercial use, or to place an order with OutDoorFireandPatio.com or buy OutDoorFireandPatio.com products. Any additional utilization of the material of this site, included but not limited to reproduction, distribution, display, or transmission, is strictly forbidden unless allowed by WoodlandDirect.com. You also agree not to alter or remove any proprietary notices from anything obtained through the site.

              Trademark

              All trademarks, service marks, and trade names used on OutDoorFireandPatio.com are registered trademarks or trademarks of Woodland Direct Inc.

              Disclaimer of Warranties

              This site, its materials, and its products are provided "as is" and without any express or implied warranties of any kind. To the greatest extent permissible by applicable law, OutDoorFireandPatio.com excludes any and all guarantees, express or implied, including, yet not particularly, the implied warranties of merchantability, suitability for a particular purpose, and non-infringement. OutDoorFireandPatio.com makes no assurance or guarantee regarding whether the website's operations will be consistent or flawless, that errors will be corrected, or that this site or the server on which it is hosted are without viruses or other potentially damaging components. OutDoorFireandPatio.com makes no guarantees or claims regarding the contents on this site, including their legitimacy, precision, sufficiency, practicality, rapidity, trustworthiness, or other characteristics. Because certain jurisdictions do not allow warranty limits or exemptions, the limitations listed below may not apply to you.

              Limitation of Liability

              OutDoorFireandPatio.com will not be liable for any special or consequential damages arising from using or failure to utilize the information of this website or the functioning of the products, even if OutDoorFireandPatio.com was conscious of the possibility of such losses. Because relevant law may not allow a limitation or exclusion of liability or accidental or consequential losses, the foregoing restriction or exclusions might not be applicable to you.

              Typographical Mistakes

              If an OutDoorFireandPatio.com product is mistakenly listed with a typographical or pricing error, OutDoorFireandPatio.com reserves its right to decline or revoke such orders placed for such products, regardless of whether the order has been verified and the credit card utilized was charged. If a credit card has already been used for the transaction and your order has been canceled, OutDoorFireandPatio.com will reimburse your credit card account in the amount billed to your credit card for the product with typographic or price mistakes.

              Termination

              These terms and conditions apply to you after you visit the site and/or complete the registration or purchasing procedure. OutDoorFireandPatio.com has the right to cancel these terms and conditions, in whole or in part, at any time and for any reason. Copyright, Indemnification, Disclaimer, Trademark, Miscellaneous, and Limitation of Liability sections will survive any termination.

              Notice

              OutDoorFireandPatio.com might send you notice by e-mail, general notice on the site, or other reliable manner to the address you have supplied to WoodlandDirect.com.

              Miscellaneous

              Your use of this site is governed in all respects by the laws of the state of Michigan, United States of America, without regard to choice of law provisions, and not by the 1980 United Nations Convention on contracts for the international sale of goods. You agree that any legal activity arising out of or pertaining to this site (including, but not limited to, the purchase of OutDoorFireandPatio.com items) shall be brought in the state or federal courts situated in Macomb County, Michigan. Any cause of action or claim you may have with regard to the site (including, but not restricted to, the purchase of OutDoorFireandPatio.com items) must be brought within one (1) year of the occurrence of the claim or cause of action. The failure of OutDoorFireandPatio.com to insist on or ensure strict performance of any part of this agreement shall not be interpreted as a waiver of that provision or right. Neither the parties' course of conduct nor trade custom shall act to change any of these terms and conditions. Without notice to you, OutDoorFireandPatio.com may assign its rights and responsibilities under this Agreement to any person at any time.

              Use of Site

              Abuse in any way or form on the site is absolutely prohibited, whether by e-mail, chat, or the use of obscene or abusive language. It is unlawful to impersonate anybody, including an OutDoorFireandPatio.com or other authorized employee, host, or representative, as well as other members or visitors to the site. You are not permitted to upload, distribute, or otherwise publish through the site any content that is libelous, defamatory, profane, dangerous, invading of privacy or publicity rights, abusive, illegal, or otherwise unacceptable, which may constitute or promote a criminal offense, contravene the rights of any party, or otherwise give rise to liability or violate any law. You are not permitted to post commercial content on the site or use it to persuade people to join or become members of any other commercial online service or other organization.

              Disclaimer Regarding Participation

              OutDoorFireandPatio.com does not and cannot verify all messages and materials submitted to or made by site users, and are not responsible for the content of these communications and materials. You recognize that by allowing you to read and share user-generated content on the site, OutDoorFireandPatio.com is only serving as a passive conduit for such distribution and assumes no duty or liability for any contents or activity on the site. However, OutDoorFireandPatio.com retains the right, in its sole judgment, to block or eliminate interaction or content that are (a) abusive, slanderous, or profane, (b) fraudulent, deceitful, or misleading, (c) in infringing on another's copyright, trademark, or other proprietary right, or (d) offensive or otherwise unacceptable to OutDoorFireandPatio.com.

              Indemnification

              You agree to compensate, safeguard, and maintain harmless OutDoorFireandPatio.com, its managers, executives, staff members, agents, licensors, and vendors (collectively the "Service Providers" against any and all losses, expenditures, damages, and costs, including acceptable attorneys' fees, caused by a breach of these terms and conditions or any action related to your user account (including negligent or wrongful conduct) by you or anyone else using the site employing your username and password.

              Third-Party Connections

              OutDoorFireandPatio.com may link to third-party websites in an effort to bring more value to our users. OutDoorFireandPatio.com has no control over these connected sites, which all have unique privacy and data gathering procedures outside of OutDoorFireandPatio.com. These linked sites are provided solely for your convenience, and you visit them at your own risk. Nonetheless, OutDoorFireandPatio.com aims to maintain the integrity of its web site and the links put onto it, and as such, requests any feedback not just on its own site, but also on sites to which it connects (especially if a specific link does not function).