Kaiborg Studios, LLC

Terms and Conditions

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY.  BY ORDERING PRODUCTS FROM KAIBORG, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS DESCRIBED HEREIN AND ALL TERMS INCORPORATED BY REFERENCE.  IF YOU DO NOT AGREE TO ALL OF THESE TERMS, DO NOT ORDER PRODUCTS FROM KAIBORG.

Kaiborg reserves the right to change or modify any of these terms and conditions at any time and in its sole discretion. Any changes or modification will be effective immediately upon posting of the revisions and shall apply to all acts or omissions occurring after the effective date of the revised terms and conditions. You waive any right you may have to receive specific notice of such changes or modifications. By ordering products following the posting of changes or modifications, you will confirm your acceptance of such changes or modifications.

Terms of Sale

The following terms and conditions of sale ("Sale Terms") apply to your purchases of any products from Kaiborg, except to the extent that you have entered into a separate written agreement with Kaiborg that supersedes some or all of these Sale Terms. These Sale Terms are subject to change without prior written notice at any time, in Kaiborg’s sole discretion. By placing an order for products, you agree to be bound by and accept the terms and conditions in effect at the time of such order. Other than as specifically provided in any separate written agreement between you and Kaiborg, these terms and conditions may NOT be altered, supplemented, or amended by the use of any other document(s), and all sales are expressly conditioned upon your agreement to these terms and conditions.

  1. Orders

Kaiborg designs and manufactures unique products for each customer based upon customer specifications and Kaiborg’s expertise, aesthetic principles, and independent judgment.  Not all customer product requests are reasonable, practicable, or consistent with Kaiborg’s aesthetic principles, and Kaiborg reserves the right to reject or ignore any request for any reason or for no reason.  

For those requests to which Kaiborg chooses to respond, Kaiborg will provide a price quote within a reasonable time period after receiving the request and obtaining from you sufficient information and specifications, including but not limited to design goals and personal measurements.  The price quote will include the cost, overhead, and profit charges for all materials, labor, and other expenses anticipated to complete the project. It may also include a date range of estimated completion.  The price quote will not include shipping, third-party fees including but not limited to PayPal fees, or any other associate costs or fees.  The price quote will be valid for fourteen (14) days.  Within fourteen (14) days of issuing the price quote, Kaiborg must receive a written acceptance of the price quote along with the down payment described in section (b) below, or the order will not be processed and you will have to re-submit the request.      

Kaiborg will use its best efforts to reasonably accommodate requested design changes made by you after Kaiborg has begun work on an order, and it reserves the right to modify the terms of the order stated in the price quote depending upon the design changes requested.  Kaiborg reserves the right to cancel an order at any time for any reason or for no reason.        

  1. Payment Terms

Kaiborg currently accepts payment only by PayPal.  From the time a price quote is accepted by you in writing, Kaiborg requires a non-refundable down payment of 30% of the price quote to be paid within seven (7) days.  From the time Kaiborg notifies you in writing that an order is completed and ready for shipment, the total remaining balance owed must be paid within seven (7) days.  Kaiborg is not obligated to begin any work on an order unless and until it receives the down payment.  An order will not be shipped unless and until Kaiborg receives the full amount of the remaining balance.  All orders or products not paid for in full within thirty (30) days of your receipt of the written notice of completion are forfeited by you, and Kaiborg may discard, recycle, re-use, sell, or otherwise do as it sees fit with any such orders or products or component parts thereof.  

All down-payments are non-refundable unless (a) Kaiborg receives written notice from you cancelling the order before Kaiborg begins any work on or incurs any costs in connection with the order, or (b) Kaiborg elects to cancel an order after a down payment has been received from you and before Kaiborg begins any work or incurs any costs in connection with the order.          

  1. Shipping Terms and Policies

All orders are shipped FOB Shipping Point. Title to products passes from Kaiborg to you upon shipment, and we are not responsible for any shipping delays, problems, or damage once the order has been shipped. You are solely responsible for selecting an adequate and appropriate carrier, shipment method, and shipping insurance policy. You are required to procure shipping insurance that will cover, at a minimum, the full value of the order. You are solely responsible for compliance with all domestic and international shipping laws, regulations, taxes, tariffs, and other legal requirements that may apply to your shipment of Kaiborg products. Kaiborg will use its best efforts to reasonably comply with your shipment selections and specifications.          

  1. Limited Warranty and Repairs

Kaiborg products come limited warranty to the original purchaser be free from defects in material or workmanship for a period of ninety (90) days from the date of shipment. This warranty does not cover defects or damage caused during shipment or that are due to improper use, installation, alteration, accident or any other event beyond the control of Kaiborg. Defects or damage resulting from misuse, abuse or negligence will void this warranty. This warranty does not cover normal wear and tear. This warranty does not cover repair or cleaning of soiled or unsanitary products. Kaiborg reserves the right to charge a reasonable cleaning fee or simply return unrepaired any products that arrive for warranty service in a soiled or unsanitary condition. Kaiborg products are intended for entertainment only. Unless Kaiborg agrees otherwise, products are not intended to withstand unusual or high-stress environments, conditions, or uses. This warranty does not cover repairs requested because a customer's measurements have changed after the order has been placed. This warranty is nontransferable and is expressly limited to the repair or replacement of the defective product.

During the warranty period, Kaiborg will repair or replace the defective part or product that is returned to Kaiborg at no cost to the original purchaser.  Shipping charges and insurance are not covered and are the responsibility of the original purchaser.  Kaiborg reserves the right to make substitutions to warranty claims if replacement parts or components are unavailable or obsolete.  Kaiborg will not be liable for loss of use of the product or other consequential or incidental costs, expenses or damages incurred by the consumer or any other user.  

THIS LIMITED WARRANTY IS EXPRESSLY IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE TO THE FULLEST EXTENT PERMITTED BY LAW.

Limitation of Liability

KAIBORG WILL NOT BE LIABLE FOR LOST PROFITS, LOSS OF BUSINESS OR OTHER CONSEQUENTIAL, SPECIAL, INDIRECT, OR PUNITIVE DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY YOU OR ANY THIRD PARTY EXCEPT AS EXPRESSLY PROVIDED HEREIN. TO THE FULL EXTENT PERMITTED BY LAW, KAIBORG’S LIABILITY SHALL BE LIMITED TO THE AMOUNT ACTUALLY PAID FOR THE PURCHASE OF KAIBORG PRODUCTS.

Indemnity

You agree to indemnify and hold harmless Kaiborg and Kaiborg’s parents, subsidiaries, affiliates, officers, directors, consultants, suppliers, contractors, agents and employees from any loss, expense, and damage, including but not limited to reasonable attorneys’ fees, arising out of or relating in any way to any claim or demand made, asserted, or threatened by any other person or entity and that arises out of or relates to your conduct or failure to act or your use of Kaiborg products, including but not limited to claims or demands relating to any violation or alleged violation of others’ intellectual property rights, violation or alleged violation of any other rights of another, and violation or alleged violation of any law or regulation.

Age Restriction

Kaiborg only sells products to adults. If you are under 18, you may visit Kaiborg’s online media only with involvement of a parent or guardian. Kaiborg reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in its sole discretion.

Trademark and Copyright

The Kaiborg logo is a registered trademark of Kaiborg Studios, LLC and may not be copied, imitated or used, in whole or in part, without the prior written permission of Kaiborg. You may not use any metatags or any other "hidden text" utilizing "Kaiborg" or any other name, trademark or product or service name of Kaiborg or its subsidiaries without our prior written permission.

All Kaiborg products are copyright Kaiborg Studios, LLC.  You may not create derivative works intended for resale, commercial use, or distribution; distribute parts or copies of parts; or take credit for creation of the product or any part of the product without exclusive written permission.  

Electronic Communications

When you visit any of Kaiborg’s online media or send e-mails to Kaiborg, you are communicating with Kaiborg electronically. You consent to receive communications from Kaiborg electronically.  Kaiborg will communicate with you by e-mail. You agree that all agreements, notices, disclosures and other communications that Kaiborg provides to you electronically satisfy any legal requirement that such communications be in writing.

Governing Law and Forum

Any dispute arising out of or related to the purchase or use of Kaiborg products shall be governed by the laws of the State of Oregon without regard to rules governing conflict of laws. You agree that any action arising out of or related to the purchase or use of Kaiborg products shall be commenced and prosecuted in Oregon Circuit Court for Multnomah County, or in the United States Federal District Court for the District of Oregon, Portland Division.