This Terms of Sale Agreement (this “Agreement”) constitutes a binding legal contract between the customer (“you”) and Forno Bravo. By ordering any product or service either directly from Forno Bravo or through fornobravo.com, you signify your acceptance of this Agreement.
Any order cancelled by you after the Product has been shipped must be returned to the Forno Bravo facility in California at your expense and must be received by Forno Bravo and inspected for damage before Forno Bravo will issue a refund. You will be responsible for any and all Product damage incurred during shipping from your location back to Forno Bravo. All order cancellations that are returned to Forno Bravo without any shipping or handling damage are subject to a 20% re-stocking fee on the purchase price of the item.
Customer’s Own Shipper
Forno Bravo expressly disclaims any responsibility for damaged caused to Forno Bravo Product by anyone other than a shipping company chosen, arranged and paid for by Forno Bravo, including but not limited to shipping companies arranged and paid for by you or your representative. In the event of damage to Forno Bravo Product caused by you and your shipper, the Product warranty shall be void and you must file any and all damage claims with your shipping company and/or insurance company. Forno Bravo shall repair or replace the damaged products at a fair and reasonable cost.
Disclaimer of Warranties
YOU ACKNOWLEDGE BY YOUR USE OF FORNO BRAVO PRODUCTS THAT YOUR USE OF THE PRODUCTS AND ANY RELIANCE UPON THEM IS AT YOUR SOLE RISK. FORNO BRAVO EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES OF ANY KIND OTHER THAN THE WRITTEN FORNO BRAVO WARRANTY CONTAINED IN THE PRODUCT OPERATION AND INSTALLATION MANUAL, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, QUALITY, PERFORMANCE, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. SOME STATES DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES SO THESE LIMITATIONS MAY NOT APPLY TO YOU.
Waiver and Limitation of Liability
YOU HEREBY ACKNOWLEDGE THE UNDERSTANDING THAT FORNO BRAVO WILL NOT BE RESPONSIBLE OR LIABLE FOR ANY FORM OF CONSEQUENTIAL, INCIDENTAL, STATUTORY, PUNITIVE, EXEMPLARY OR INDIRECT DAMAGES OF ANY KIND INCLUDING BUT NOT LIMITED TO POTENTIAL LOST BUSINESS AND ANY AND ALL COSTS INCURRED RECEIVING, UNLOADING, MOVING AT YOUR LOCATION AND INSTALLING FORNO BRAVO PRODUCTS. Follow all instructions and heed all warnings contained in the product installation and operation manual. If you lost your Product manual, you can find it by clicking here or contacting Forno Bravo.
YOU AGREE TO DEFEND, INDEMNIFY AND HOLD COMPLETELY HARMLESS FORNO BRAVO FROM AND AGAINST ANY AND ALL CLAIMS, DAMAGES, COSTS, AND EXPENSES, INCLUDING ATTORNEYS’ FEES, ARISING FROM OR RELATED TO YOUR USE OF ANY ITEMS PURCHASED DIRECTLY FROM FORNO BRAVO OR THROUGH FORNOBRAVO.COM.
Governing Law and Venue
This Agreement, the entire relationship between you and Forno Bravo, and any litigation or other legal proceeding between you and Forno Bravo (whether grounded in tort, contract, law or equity) shall be governed by and construed in accordance with the laws of the State of California, without giving effect to its choice of law rules.