All of Umeke Market (the “products”) are made and sold by Manufacturer and subject to the following terms and conditions. Manufacturer inform Buyer that all product are sold in its raw stage and are therefore fragile in nature, sensible to temperature above zero and perishable. Baking instructions are printed on the flap of each box and the ingredient statement is listed on the bottom of each box. Nutritional information is available on our wed site under technical data.
ORDERING PROCESS.
Manufacturer will strive to fill all orders 100%. However, Manufacturer may from time to time fill orders at 96% average. Manufacturer may deliver products in several lots.
Ordering lead time.
Manufacturer requires up to 21business days lead time for shipping of products from it plant.
Confirmation.
Manufacturer’s customer service department will inform Buyer by e-mail the departure date and provide a tracking number. No order will become effective until it is accepted and confirmed by Manufacturer. The Buyer is responsible to track the arrival date and time of the goods in order to place them immediately in a freezer.
Order Changes.
No order changes are allowed once orders are confirm by the Manufacturer.
RETURN POLICY AND RISK OF LOSS.
In no event are products to be returned to Manufacturer. Products leave Manufacturer in pristine frozen condition packaged with the amount of dry ice sufficient to reach its final destination under normal transit time to reach its destination. Product thawing may at times occur during shipping when transit delays takes place or when the product is not received by the Buyer upon the first delivery and place in the freezer immediately. Such delay happens beyond the control of the Manufacturer. Manufacturer accepts no liability or responsibility for partial or full damages or total spoilage of the product. Due to the fragility of this products, Manufacturer herein inform Buyer that once the product is ordered, there is no return and no refund.
Buyer bears the sole risk of all loss or damage to or destruction of the products from and after the time and the place the products are picked up or delivered to the carrier, which ever occurs first, and regardless of whether or not Buyer may have the right to reject or rightfully revoke acceptance of the products. The risk of damage, spoilage or total loss takes place about 1 in 10 shipment due to transit delays, weather conditions or delay when the Buyer does not place the goods in the freezer upon the first delivery attempt from the carrier. Do not order unless you are willing to assume 100% of this risk as there will be no return accepted and no refund whatsoever.
BUYER’S RESPONSIBILITIES.
Buyer shall place frozen product in the freeze immediately upon receipt to avoid or minimize deterioration or spoilage if none of these has already happens during shipping. Buyer shall store the product between zero and -5ºF.
OWNERSHIP OF PRODUCT.
All products sold by Manufacturer are sold FOB Manufacturer’s warehouses. All the costs of transportation shall be borne by the Buyer and ALL RISK OF LOSS OR DETERIORATION OR DAMAGE PASSES TO THE BUYER WHEN THE PRODUCTS ARE DELIVERED TO THE CARRIER. When the products are delivered directly to the Buyer or to their carrier, whichever first occurs, transfer of ownership and the transfer of title to the products occur at that point.
Transit time.
Transit lead-time is determined from point of shipping to Buyer’s final destination. Customer service will advise the Buyer of the estimated transit time. Any transit times provided by Manufacturer are estimates only and do not constitute any warranty or guarantee. Buyer is responsible to track the shipment once the tracking number is provided.
CLAIM AGAINST CARRIER (S).
Only the legal owner of the products, hence Buyer, will file any claims for spoilage and/or damage against the carrier(s). Manufacturer shall not be responsible for any spoilage or damage of any kind once the products are placed in hands of a carrier, and Manufacturer shall have no obligation to file any claim against any carrier for spoilage or damage.
INGREDIENT DECLARATION.
Buyer Awareness On Product Specifications and Ingredient Statement.
All products are manufactured within the established Manufacturer’s specifications and may change without prior notice at any time. Ingredients may be substituted from time to time and therefore will affect prior ingredient content declaration. Buyer may inquire at any time about current changes and/or updates or may visit our web site for the most current ingredient contents. All products are sold by weight.
Declaration On Pits, Shells and traces of peanuts.
Product containing fruits may occasionally contain whole pits or a fragment of it. Products containing nuts may occasionally contain nut shell fragments. All of Manufacturer’s products may contain traces of peanuts. Further, the product is made in processing equipment that is in contact with peanuts and an environment where peanuts are stored in. Manufacturer is hereby informing Buyer that the findings of occasional pits, shells, or fraction of and traces of peanuts do not constitute a defect in product or product liability. If Buyer is allergic to peanuts or any other ingredients listed on the ingredient statement, do not order or consume this product. Further, Buyer assumes all risk should harm or injury is cause to someone in association with allergies when feeding the product to others whom may be allergic to the ingredients contain in the product.
WARRANTIES.
MANUFACTURER WARRANTS AND GUARANTEES THAT ANY AND ALL PRODUCTS SOLD UNDER THIS TERMS OF SALE ARE FIT AND SUFFICIENT FOR THE PURPOSES INTENDED: THAT THEY ARE MERCHANTABLE, AND THAT THE PRODUCTS ARE NOT ADULTERATED OR MISBRANDED OR UNSAFE, WITHIN THE MEANING OF THE FEDERAL FOOD, DRUG AND COSMETIC ACT OR ANY OTHER RELATED FEDERAL, STATE OR COUNTY LAWS. MANUFACTURER SHALL REPLACE ANY PRODUCTS WHICH PROVE TO HAVE ANY MANUFACTURING DEFECT OR WHICH DO NOT MEET SPECIFICATIONS.
GOVERNING LAW.
The laws of the State of Hawaii will govern these Terms. Any suit, action, litigation, and/or proceeding in connection herewith will be brought and prosecuted solely and exclusively in the State or Federal Court located in Honolulu, Hawaii, United States of America. Both parties consent to the jurisdiction of such courts.
FORCE MAJEURE.
Manufacturer shall be liable for any failure to perform its obligations if such failure is due to fires, floods, strikes, work stoppages, accidents, wars, embargoes and other governmental actions or regulations that would prohibit either party from ordering or furnishing products, acts of God or any other cause beyond the control of Manufacturer.
ACKNOWLEDGEMENT AND AGREEMENT
Buyer, by ordering products from Manufacturer and accepting the Manufacturer’s sales order confirmation, accepts and agrees to these Terms. Purchasing products from Manufacturer constitutes the continuing agreement of Buyer to these Terms. Acceptance of these Terms by Buyer is expressly limited to the exact terms contained herein from page 1 to 3