Terms And Conditions

Introduction

Welcome to Embers Fireplace and Grill Store, located at 7114 Moores Lane, Brentwood, Tennessee. 37027. These terms and conditions (“Terms”) govern your access to products, goods, and services (“Services”) offered on or through Embers Holdings, LLC d/b/a Embers Fireplace and Grill Store (“Embers”), whether in person or online at www.embersstore.com.

Please read these Terms carefully. By accessing or using our Services, you agree to be bound by these Terms. If you do not agree to these Terms, you must not use our Services.

Payment

You agree to pay the amount in full listed on your Sales Order by the delivery date of the Services.

Limited Warranty

EMBERS EXPRESSLY LIMITS THE DURATION OF THE IMPLIED WARRANTY OF MERCHANTABILITY AND IMPLIED WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE TO THE DURATION OF THE LIMITED WARRANTY PERIOD OF ONE (1) YEAR FROM THE DATE OF DELIVERY. EMBERS HEREBY EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTY OF MERCHANTABILITY AND IMPLIED WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE, AFTER EXPIRATION OF THE LIMITED WARRANTY PERIOD.

THIS LIMITED WARRANTY IS NON-TRANSFERRABLE AND APPLIES ONLY TO THE ORIGINAL CONSUMER PURCHASER, AND FOR MERCHANDISE WHICH HAS REMAINED AT THE ORIGINAL NON-COMMERCIAL DELIVERY SITE. EMBERS WARRANTS THAT THE PURCHASED MERCHANDISE WILL BE FREE FROM DEFECTS IN MATERIAL AND WORKMANSHIP FOR A PERIOD OF ONE (1) YEAR FROM THE DATE OF DELIVERY. TO OBTAIN SERVICE UNDER THIS LIMITED WARRANTY, YOU MUST GIVE NOTICE OF THE DEFECT WITHIN THE ONE (1) YEAR WARRANTY PERIOD TO EMBERS AT CUSTOMER SERVICE IN WRITING AT 7114 MOORES LN, BRENTWOOD, TENNESSEE. 37027, OR BY TELEPHONE AT (615) 309-7738.

Limitations of Warranty

THIS LIMITED WARRANTY DOES NOT COVER: 1) WEAR, FADING, OR SHRINKAGE OF ALL FABRICS; 2) DAMAGE DUE TO ALTERATIONS, MISUSE, ABUSE, OR ACCIDENTS; 3) DAMAGE OR DISCOLORATION CAUSED BY LIGHT; 4) NATURAL VARIATIONS IN THE COLOR OR GRAINING OF ALL PRODUCTS; 5) RIDGES OR ROUGH AREAS IN WICKER, MARBLE, AND NATURAL STONE; 6) MOLD, MILDEW, DIRT, OR PILLING; 7) FADING/OXIDIZED PAINT OR RUST; 8) IMPERFECTIONS, SMALL CRACKS, AND TEAK OIL IN NEW AND RECLAIMED TEAK; AND 9) DAMAGE DUE TO WIND. FAILURE TO FOLLOW CARE INSTRUCTIONS WILL VOID THE LIMITED WARRANTY.

IF YOU PROVIDE NOTICE DURING THE LIMITED WARRANTY PERIOD THAT THE PURCHASED MERCHANDISE IS NOT FREE FROM DEFECTS IN MATERIAL AND WORKMANSHIP FOR THE DURATION OF THIS LIMITED WARRANTY, EMBERS WILL AT OUR OPTION, EITHER (I) REFUND THE PURCHASE PRICE IN EXCHANGE FOR RETURN OF THE MERCHANDISE, OR (II) REPAIR OR REPLACE THE NON-CONFORMING MERCHANDISE.

Limitation of Liability:

EMBERS’ LIABILITY FOR ANY CLAIM ARISING FROM OR RELATED TO OUR SERVICES, WHETHER IN CONTRACT, TORT, OR OTHERWISE, IS LIMITED TO THE PURCHASE PRICE FOR THE GOODS. YOU AGREE THAT EMBERS IS NOT LIABLE FOR ANY INDIRECT, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES.

Governing Law and Venue

THESE TERMS AND OUR SERVICES SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF TENNESSEE, WITHOUT GIVING EFFECT TO ANY PRINCIPLES OF CONFLICTS OF LAW.

WITH RESPECT TO ANY DISPUTE ARISING OUT OF THESE TERMS AND SERVICES, YOU CONSENT TO THE PERSONAL JURISDICTION OF THE STATE AND FEDERAL COURTS HAVING JURISDICTION IN WILLIAMSON COUNTY, TENNESSEE, AND STIPULATE THAT VENUE FOR ANY LEGAL PROCEEDING ARISING OUT OF OUR SERVICES SHALL LIE EXCLUSIVELY IN WILLIAMSON COUNTY, TENNESSEE, FOR STATE COURT PROCEEDINGS, AND THE MIDDLE DISTRICT OF TENNESSEE FOR FEDERAL COURT PROCEEDINGS. FURTHER, YOU WAIVE ANY DEFENSE, WHETHER ASSERTED BY A MOTION OR PLEADING, THAT WILLIAMSON COUNTY, TENNESSEE, OR THE MIDDLE DISTRICT OF TENNESSEE IS AN IMPROPER OR INCONVENIENT VENUE.

Attorney’s Fees

IF WE HAVE TO PAY ANY MONIES OR HIRE AN ATTORNEY TO COLLECT PAYMENT FROM YOU, WE CAN RECOVER FROM YOU ALL OF OUR COLLECTION COSTS INCLUDING BUT NOT LIMITED TO REASONABLE ATTORNEY FEES, COURT COSTS, FILING FEES, INTEREST AND EXPENSES.

Assignment

You agree that you may not assign this agreement without the prior written consent of Embers.

Waiver

No waiver by Embers of any breach of these Terms is a waiver of any subsequent breach.

Entire Agreement

These Terms constitutes the entire agreement between Embers and yourself and supersedes all prior negotiations, representations, or agreements, whether oral or written.