Terms of service

Lead Times

• Shipping time for items ordered is as indicated on item detailed page.
• Lead times are subject to change. If the item is backordered our Customer Service team will reach out to you within 1-3 business days using the contact information on file.

Sale Exclusions*

Although we sometimes offer extra discounts during promotional periods, some brands are excluded due to manufacturer advertising and selling policies. Please call us for further details.

If you try to use a discount code and it does not work, it is probably because that brand/item is excluded. Feel free to contact us for more information or custom quotes.

Product and Price Accuracy

• Focal Point takes every measure to ensure that the products, their descriptions and prices are accurate at all times. There may be errors from time to time on the products, their descriptions or prices and Focal Point is not responsible for errors or misrepresentations that may appear on the site.
• Please note that the color of any picture on www.focalpointhardware.com will appear slightly different based upon the display settings and resolution settings of the computer being used.
• All pictures on www.focalpointhardware.com should be regarded as product renderings only, hence there may be small details that differ from product to image. Please contact us with any questions prior to ordering.
• Here at Focal Point, we try our best to keep all model numbers, images and descriptions up to date and accurate there are times when errors occur. We order product based on MODEL NUMBER, so if you see a discrepancy, please ask so we may clarify.
• If we cannot process an order as it appears on the website, for example if there is a price error, Focal Point reserves the right to cancel the order. You will be notified, and a full refund will be issued.

Shipping Policy

• A $14.99 handling fee will be added to all orders under $149.00
• We are currently unable to ship outside of the United States or to APO/FPO/DPO, PO Box addresses or hotels
• We offer free shipping on most items over $149.00 in the 48 contiguous United States. We are able to ship to Canada, Hawaii and Alaska for an additional fee. Please contact us for additional details.
• Our free deliveries are curbside, which means the shipment will be delivered to the curbside, driveway or near your building.
• All freight deliveries require a signature for release. Parcel deliveries may also be subject to a signature release.
• For any special requests, such as inside delivery, white glove service, etc., please contact our Customer Service department prior to placing your order.
• Any additional charges billed by the shipping company for services not requested by FocalPointHardware.com such as reconsignment, re-delivery for missed appointment, storage fees, etc. are the responsibility of the customer.
• There may be exceptions to the free shipping rules. They will be so indicated at checkout or during processing (see next 2 points)
• Additional shipping fees will apply to “remote” locations accessible only by boat or by air, i.e., Alaska, Hawaii, Martha’s Vineyard, Florida Keys, etc.  The additional shipping fees will be quoted after the order is reviewed by our shipping department. Our customer service team will contact you with the quote. You can contact us requesting a quote to these “remote” location by emailing info@FocalPointHardware.com 
• Due to the rising costs of shipping and business overall, some orders (including but not limited to sauna rocks, single toilets and small vanities or cabinets) will be automatically canceled. If your order is canceled and you wish to re-order and pay the S/H to cover, please reach out to info@focalpointhardware.com

Return / Exchange Policy: (Click Here)

Product Inspection/Shipment Damages

Focal Point does everything it can to ensure that your items arrive to you safely. Unfortunately, there are times when merchandise is damaged in-transit. If you have received defective merchandise, please follow these instructions:

• Inspect your package carefully as soon as it arrives and note the condition of the box.
• Freight Shipments should be inspected for damages IMMEDIATELY. If your item/s is damaged, please note the damages on the drivers POD (proof of delivery) and notify us within 24 hours. Any damage claim made after 24 hours of truck delivery will be denied!
• Parcel Shipments should be inspected for damages IMMEDIATELY. If your item/s is damaged, you must contact us within 24 hours. Any damage claim made after 24 hours of parcel delivery will be denied!

• Please keep all packaging materials, as you may need to repack the items for the return shipping. Returns that do not come in their original packaging materials may not be honored.
• Failure to follow these procedures will exclude your ability to return/exchange damaged merchandise.

Website Accessibility

Focal Point Hardware does everything we can to make our website accessible and usable for everyone. If you are having difficulty navigating or using our site or find a feature that you think is not fully accessible to people with disabilities, please contact our customer service line (718-336-6900 x 3) or email us at info@focalpointhardware.com and a with suggestions for improvement. Furthermore, we receive and use data from our 3rd party vendors and while we do not control the data sent and used, we do our best to suggest and encourage accessible and user friendly data. 

Terms & Conditions

These Terms and Conditions of Sale (the “Terms”) establish the rights, obligations, and remedies of Focal Point Plumbing & Hardware, and/or its wholly owned affiliates (“Seller”) and the buyer (“Buyer”), form the entire agreement between Seller and Buyer, and apply to all sales transactions between Seller and Buyer unless otherwise specifically agreed to in writing by both parties. All prior oral or written agreements, including, but not limited to, terms in Buyer’s purchase order, which are different from or in addition to these Terms are not binding on Seller unless expressly accepted in writing by Seller’s duly authorized representative. 

 

PRICE: 

All prices are subject to change unless otherwise noted on Seller’s applicable quotation. Quotations are valid for thirty (30) days.

Due to the current volatility in the market, any Sales Order that is not PAID IN FULL at the original Sales Order date may be subject to price or freight increases. Buyer will be invoiced at prices in effect at the time of shipment.

All taxes, transportation costs, duties and other charges are in addition to quoted prices. The amount of any sales, excise, or other taxes, if any, applicable to the goods shall be added to the purchase price and shall be paid by Buyer unless Buyer provides Seller with a valid tax exemption certificate. 

 

PAYMENT: 

Buyer shall pay for the Goods at the time of order. The seller requires a minimum 50% deposit at the time of order which must be maintained as goods are delivered.

In the event of a late payment, Seller is entitled to treat Buyer’s entire account(s) as immediately due and payable without notice or demand. All past due amounts will be subject to a service charge accruing at a rate of up to 1.5% per month. Buyer shall not be allowed to retain or holdback payment and Buyer’s payment obligations are not contingent on any event. Buyer’s receipt of payment or funds from any third party shall in no way relieve Buyer’s obligations to pay Seller. Buyer is not entitled to set-off any amounts due to Seller by Buyer in connection with any transaction governed by these Terms. Buyer’s credit application to Seller is hereby incorporated by reference.

“Wholesale” accounts may be established with alternative payment terms. Terms will be set forth in writing.

 

CANCELLATION: 

Buyer may not cancel or modify an order without the written consent of Seller and payment by Buyer of all applicable cancellation or re-stocking fees.

 

SHIPMENT: 

Risk of loss will transfer to Buyer upon tender of products and/or parts (“Goods”) to Buyer, Buyer’s representative or common carrier. The cost of any special packaging or handling caused by Buyer’s requirements or requests will be added to the amount of Buyer’s order. If Buyer causes or requests a delay of shipment or if Seller ships or delivers an order erroneously as a result of inaccurate, incomplete, or misleading information supplied by Buyer or Buyer’s agents or employees, all storage and other additional costs and risk will be borne by Buyer. 

  

DELIVERY: 

Seller will make a good faith effort to deliver Goods in accordance with Buyer’s schedule. Seller assumes no responsibility or liability for Seller’s or Seller’s delivery agents non-performance caused by a force majeure event including, but not limited to an act of God, war, labor disputes, civil unrest, accidents, pandemics, the inability to obtain materials or Goods, delays of carriers, contractors or suppliers, or any other causes beyond Seller’s control. All deliveries are curbside only.

 

INSPECTION AND ACCEPTANCE: 

Buyer shall examine all Goods upon receipt and prior to installation. All claims for damage, shortage, and errors in shipment or improper delivery must be made to Seller in writing within two (2) business days of delivery, after which date Buyer will be deemed to have accepted the Goods and will have no right to reject the Goods or to revoke acceptance. Buyer must make any claims for billing errors or adjustments to Seller in writing within ten (10) business days from the invoice date. Claims not received in writing within such period of time will be waived by Buyer. 

 

RETURNS: 

Within 30 days of purchase, Buyer may return any Goods which Seller stocks and which are not special order items if: (i) the Goods are in new condition, suitable for resale in undamaged original packaging and with all original parts; and (ii) the Goods have not been used, installed, modified, rebuilt, reconditioned, repaired, altered, or damaged. All returns are subject to a minimum of 25% re-stocking fee, unless otherwise agreed to by Seller. Special orders or non-stock Goods may be returned if the manufacturer is willing to accept the return and Buyer agrees to reimburse Seller for any restocking or cancellation fees charged by the manufacturer. 

 

COMPLIANCE WITH EXPORT CONTROL LAWS: 

Buyer warrants that it is not subject to U.S., EU, or UN sanctions, including, but not limited to, being identified on the U.S. Specially Designated Nationals (SDN) List, or more than 50 percent owned by an SDN. Buyer further acknowledges that Goods are subject to U.S. export control laws and regulations and cannot be exported, reexported, or transferred except in compliance with such laws and regulations. If Seller delivers Goods to Buyer within the United States, Buyer expressly assumes any and all duties and liability associated with subsequent export of the Goods, including but not limited to determining export licensing requirements, obtaining all required authorizations, and submitting Electronic Export Information, if required. In such case, Seller shall not be named as the Exporter of Record with respect to the Goods. 

 

WARRANTIES:   

Seller warrants only title to the Goods sold to Buyer. All other warranties are those extended by the product manufacturer. Seller assigns to Buyer any and all manufacturer warranties and will assist Buyer to obtain repair, replacement, or other applicable remedy for a breach of warranty made known to Seller during the warranty period. Seller offers no additional warranties.

    

Warranty Exclusions: These warranties shall be void if there has been misuse, accident, modifications, unsuitable physical or operating environment, improper maintenance, storage, or installation of the goods. SELLER DISCLAIMS ALL OTHER EXPRESS OR IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND/OR FITNESS FOR USE OR A PARTICULAR PURPOSE EVEN IF KNOWN BY SELLER. SELLER MAKES NO REPRESENTATION, WARRANTY, OR PROMISE THAT THE PRODUCTS OR SERVICES WILL CONFORM TO ANY APPLICABLE LAWS, ORDINANCES, REGULATIONS, CODES OR STANDARDS, INCLUDING BUT NOT LIMITED TO LOW LEAD OR LEAD FREE LAWS OR REGULATIONS, EXCEPT AS SPECIFIED AND AGREED TO IN WRITING BY AN AUTHORIZED REPRESENTATIVE OF SELLER. 

 

INDEMNIFICATION: 

Each party (“Indemnitor”) shall indemnify, defend and hold harmless the other party and its employees, officers, directors, and agents (each an “Indemnitee”) from any suit, cause of action, arbitration/mediation proceeding, judgment, or claim (“Claim”) for damages to property or bodily injury, loss of life, infringement, liability of any nature, costs, fines, penalties, and expenses, including reasonable attorney fees and any other cost of litigation (“Damages”) to the extent caused directly by the negligent act or omission or intentional misconduct of the Indemnitor. Indemnification shall not apply to Damages proximately caused by the negligence of Indemnitee. 

 

LIMITATION OF LIABILITY: 

IN NO EVENT SHALL SELLER BE LIABLE FOR SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, STATUTORY, LIQUIDATED, OR INDIRECT DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFIT, REVENUES, CAPITAL, BUSINESS OPPORTUNITY OR DOWNTIME COSTS, ARISING OUT OF THE SALE OF GOODS AND/OR SERVICES TO BUYER. This limitation shall apply regardless if the claimed damages arise from breach of contract, breach of warranty, tort, strict liability, or any other legal theory. 

 

SEVERABILITY: 

These Terms will be construed as if prepared jointly by the parties hereto and any uncertainty or ambiguity will not be interpreted against any one party. If any provision contained in these Terms is held to be unenforceable then such provision will be given effect in such reduced form as may be decided by a court of competent jurisdiction, provided that, if any provision should be declared unenforceable or invalid for any reason, such unenforceable or invalid provision will be severed from the remainder of these Terms without affecting the enforceability or validity of the remaining provisions. 

 

NON-WAIVER: 

The failure of Seller to insist upon the strict performance of any of these Terms will not be deemed to be a waiver of any of the rights or remedies of Seller, nor of its right to insist upon strict performance of such term or of any other term in the future. No waiver of any of these Terms will be valid unless in writing signed by a duly authorized representative of Seller. 

 

DISPUTE RESOLUTION: 

The parties shall attempt in good faith to resolve promptly any dispute arising out of or relating to these Terms by negotiation between executives who have authority to settle the dispute. The executives must be at a higher level of management than the persons with direct responsibility for administration of these Terms. If a dispute cannot be resolved by negotiation, then either party may bring a legal action in accordance with below section of these Terms. 

 

GOVERNING LAW: 

For Goods and/or services delivered within the United States, all disputes related to or arising out of a Buyer’s order shall be governed by the laws of the jurisdiction where the applicable Goods are delivered and/or services are performed, excluding the rules on the conflict of laws. For Goods and/or services delivered outside of the United States, all disputes related to or arising out of Buyer’s order shall be governed by the laws New York, excluding the rules on the conflict of laws. Any legal action related to or arising out of Buyer’s order shall be brought in the relevant state or federal court in such jurisdiction. The United Nations Convention on Contracts for the International Sale of Goods, and any successor thereto, shall not apply.