TERMS & CONDITIONS

Last Updated October 1, 2023

Welcome to J-B Piano Company! By your use of this website, you agree to be bound by the following terms and conditions, which constitute a legally binding agreement between J-B Piano Company, referred to as “Company” and each user of this website, referred to as “User”, “Buyers” or “Sellers”.

 

1. Eligibility.

Use of this website is limited to parties that may lawfully enter into contracts to buy and sell goods and services under applicable law.

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2. Role of J-B Piano Company provides a service to sell, tune and refinish pianos for the company.

J-B Piano Company conducts transactions with Sellers and Buyers. J-B Piano Company is a direct reseller of refinished and used pianos and a direct seller of proprietary pianos. When J-B Piano Company is involved in the actual transaction of reselling pianos, the Company does not uphold original manufacturer warranties, unless specified in writing with the sale agreement. Buyers need to return to manufacturer’s for manufacturer warranties.

 

3. Buyer Responsibility.

We represent and warrant to all prospective Buyers that we have the right and ability to sell products, and that the description is accurate, current and complete, and is not misleading or otherwise deceptive. However, it is the responsibility of the Buyer to confirm such information to Buyer’s satisfaction prior to consummating any transaction and the responsibility of both Buyer and Company to negotiate and sign a legally binding agreement of purchase that appropriately protects their respective interests. Buyers use this website at their own risk.

 

4. Seller Responsibility.

We represent and warrant to all prospective Sellers that we have the right and ability to buy used products, and that the description given by the Seller is accurate, current and complete, and is not misleading or otherwise deceptive. It is the responsibility of the Seller to confirm such information to Company’s satisfaction prior to consummating any transaction and the responsibility of both Seller and Company to negotiate and sign a legally binding agreement of sale that appropriately protects their respective interests. Sellers use this website at their own risk.

 

5. Sales/Use Taxes.

For those transactions in which the piano is delivered to a State or international address, J-B Piano Company is obligated to collect and remit the sales tax. For all other transactions, it is the responsibility of the Reseller and Seller to determine whether sales or use taxes apply to a transaction and to collect, report and remit the correct tax to the appropriate tax authority. You agree that J-B Piano Company shall have no responsibility or obligation with respect to sales or use taxes, except as stated above with regard to the State in a direct sale or purchase transaction.

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6. No Manufacturer Warranties.

THIS WEBSITE AND ANY SERVICES OR PRODUCTS PROVIDED HEREBY ARE PROVIDED ON AN “AS-IS” BASIS. J-B PIANO COMPANY MAKES NO OTHER REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION:

a. THE IMPLIED WARRANTIES OF MERCHANT-ABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT;

b. THAT THE WEBSITE WILL MEET YOUR REQUIREMENTS, WILL ALWAYS BE AVAILABLE, ACCESSIBLE, UNINTERRUPTED, TIMELY, SECURE, OR OPERATE WITHOUT ERROR WITHIN THE CONTROL OF J-B PIANO COMPANY;

c. THE INFORMATION, CONTENT, MATERIALS, OR ITEMS INCLUDED ON THE WEBSITE WILL BE AS REPRESENTED BY J-B PIANO COMPANY, AVAILABLE FOR SALE, LAWFUL TO SELL, THAT COMPANY HAS GOOD TITLE TO THE ITEMS LISTED FOR SALE, OR THAT COMPANY OR BUYERS WILL PERFORM AS PROMISED;

d. ANY IMPLIED WARRANTY ARISING FROM COURSE OF DEALING OR USAGE OF TRADE; AND e. ANY OBLIGATION, LIABILITY, RIGHT, CLAIM, OR REMEDY IN TORT, WHETHER OR NOT ARISING FROM THE NEGLIGENCE OF J-B PIANO COMPANY. TO THE FULL EXTENT PERMISSIBLE UNDER APPLICABLE LAW, J-B PIANO COMPANY DISCLAIMS ANY AND ALL SUCH WARRANTIES.

 

7. General Release.

IF A DISPUTE ARISES BETWEEN J-B PIANO COMPANY (AND ITS AGENTS AND EMPLOYEES) FROM CLAIMS, DEMANDS, AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTES, J-B PIANO COMPANY AND BUYER OR SELLER AGREE ALL DISPUTES WILL BE SUBMITTED TO CONFIDENTIAL ARBITRATION IN THE COUNTY OF MARIN IN THE STATE OF CALIFORNIA, USA.

 

8. Limitation of Liability.

THE J-B PIANO COMPANY WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION DIRECT, INDIRECT, INCIDENTAL, PUNITIVE AND CONSEQUENTIAL DAMAGES, ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, THIS WEBSITE, ANY SERVICES OR PRODUCTS PROVIDED BY THIS WEBSITE, THE INABILITY TO USE THE SERVICES, OR THOSE RESULTING FROM ANY GOODS OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH THIS WEBSITE.

 

9. Applicable Law. This website, the services and products provided hereby are arranged, sponsored, or managed by J-B Piano Company in the State of California, USA. The laws of the State of California govern this Agreement and all of its terms and conditions, without regard to principles of conflicts of laws. You agree that any action at law or in equity arising out of or relating to these terms and conditions shall be submitted to confidential arbitration in Marin County, California, except that, to the extent you have in any manner violated or threatened to violate J-B Piano Company’s intellectual property rights, J-B Piano Company may seek injunctive or other appropriate relief in any state or federal courts in the state of California, and you consent to exclusive jurisdiction and venue in such courts. Arbitration under this agreement shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.

10. Additions and Changes.

J-B Piano Company reserves the right to add to or change the procedures, guidelines, terms and conditions applicable to this website at any time and in its sole discretion. The same will be effective upon posting to this website.

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Last Updated October 1, 2023