Kobayashi Workflow LLC, d/b/a Kobayashi Bar, the rules that govern orders, shipping, warranty, and your use of kobayashibar.com.
These Terms apply to commercial and business purchasers ("Purchaser") of Kobayashi Bar products. By placing an order through kobayashibar.com, Purchaser represents that they are entering into this agreement on behalf of a business or commercial entity and have authority to bind that entity.
By purchasing from kobayashibar.com, you agree to the terms outlined below. These Terms apply to all orders, communications, and transactions conducted through our site or direct correspondence.
By placing an order, checking the acceptance box at checkout, or otherwise using kobayashibar.com, Purchaser acknowledges that they have read, understood, and agreed to these Terms. Electronic acceptance through the checkout process, including by selecting any acceptance checkbox, constitutes a legally binding agreement under the federal E-SIGN Act and the California Uniform Electronic Transactions Act, with the same force and effect as a handwritten signature.
Kobayashi Bar units are designed for commercial environments such as bars, restaurants, and hotels. While residential use is possible, installation must be handled by a licensed contractor or plumber.
Once a unit is delivered to the customer or their agent, Kobayashi Bar is not liable for any damages, malfunctions, or injuries resulting from improper handling, installation, modification, or misuse. Structural alterations void all warranties.
All units are made to order unless explicitly listed as in-stock. Lead times are typically 6-8 weeks but may fluctuate based on production capacity. Once production begins, orders cannot be canceled or altered.
All lead times are estimates only and do not constitute guaranteed delivery dates. Kobayashi Bar shall not be liable for any delays in production, fulfillment, or delivery caused by manufacturing capacity, supplier availability, freight carrier performance, customs or import processing, natural disasters, government action, labor disputes, or any other circumstance beyond its reasonable control. Under no circumstances shall Kobayashi Bar be liable for lost profits, lost revenue, missed openings, missed events, business interruption, substitute equipment costs, or any other consequential or incidental damages arising from a delay. Purchaser is solely responsible for planning installation, opening, and event timelines with sufficient buffer to accommodate variances in lead time.
All prices are listed in U.S. Dollars (USD). Payment is required in full at the time of purchase unless otherwise agreed in writing. Kobayashi Bar reserves the right to adjust pricing prior to checkout and order confirmation.
Shipping costs are either calculated at checkout or invoiced separately once the delivery address is confirmed. Customers are responsible for all applicable shipping fees, import taxes, customs duties, and related charges.
Once a unit is marked as delivered by the shipping carrier, responsibility transfers to the customer. Damage or loss during transit must be reported to the carrier within 48 hours. Kobayashi Bar is not responsible for carrier delays, missed delivery appointments, or storage fees.
Our warranty policy is covered under our Lifetime Guarantee. For full details on what is and is not covered, please visit kobayashibar.com/lifetime-guarantee/.
EXCEPT FOR THE EXPRESS WARRANTY SET FORTH IN THE LIFETIME GUARANTEE, KOBAYASHI BAR MAKES NO WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, WITH RESPECT TO ANY PRODUCT SOLD. KOBAYASHI BAR SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING, USAGE, OR TRADE PRACTICE.
NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY KOBAYASHI BAR, ITS EMPLOYEES, AGENTS, DEALERS, OR REPRESENTATIVES SHALL CREATE ANY WARRANTY OR IN ANY WAY EXPAND THE SCOPE OF THE LIMITED WARRANTY PROVIDED IN THE LIFETIME GUARANTEE. PURCHASER ACKNOWLEDGES THAT IT HAS NOT RELIED ON ANY WARRANTY, REPRESENTATION, OR STATEMENT OTHER THAN THOSE EXPRESSLY SET FORTH IN THESE TERMS AND THE LIFETIME GUARANTEE.
PURCHASER ACKNOWLEDGES THAT IT IS PURCHASING THE PRODUCT BASED ON ITS OWN INDEPENDENT INSPECTION, EVALUATION, AND JUDGMENT, AND NOT IN RELIANCE ON ANY WARRANTY OR REPRESENTATION OTHER THAN THE LIFETIME GUARANTEE.
Kobayashi Bar reserves the right to modify product dimensions, features, or materials without notice in the interest of product improvement or supply availability. These changes do not constitute grounds for cancellation or refund.
All designs, product renderings, media, and written content on kobayashibar.com are the sole property of Kobayashi Bar and may not be reproduced or used without written permission.
To the fullest extent permitted by law, Kobayashi Bar disclaims any liability for direct, indirect, incidental, special, punitive, or consequential damages resulting from the use, installation, malfunction, delay, or inability to use any product sold, including but not limited to lost profits, lost revenue, business interruption, loss of goodwill, loss of data, or substitute equipment costs, regardless of the legal theory asserted, whether in contract, tort, strict liability, warranty, or otherwise, and even if Kobayashi Bar has been advised of the possibility of such damages.
IN NO EVENT SHALL KOBAYASHI BAR'S TOTAL CUMULATIVE LIABILITY TO PURCHASER, WHETHER ARISING OUT OF OR RELATED TO THESE TERMS, THE PRODUCT, OR ANY THIRD-PARTY CLAIM, EXCEED THE TOTAL AMOUNT PAID BY PURCHASER FOR THE SPECIFIC PRODUCT GIVING RISE TO THE CLAIM. THIS LIMITATION APPLIES REGARDLESS OF THE NUMBER OR NATURE OF CLAIMS AND SHALL SURVIVE ANY TERMINATION, REFUND, OR EXPIRATION OF THESE TERMS.
The parties acknowledge that the pricing of Kobayashi Bar products reflects this allocation of risk, and that without these limitations the price of the product would be materially higher.
It is the customer's responsibility to inspect all items upon delivery. Claims related to missing components, visible damage, or incorrect items must be made in writing to Kobayashi Bar within five (5) business days of delivery. After this period, Kobayashi Bar assumes no responsibility for such claims.
Notwithstanding the foregoing, damage or loss during transit must be reported to the freight carrier within 48 hours of delivery in accordance with Section 5.
Kobayashi Bar is not liable for any failure to perform or delay in performance due to circumstances beyond its reasonable control, including but not limited to natural disasters, pandemics, government actions, labor strikes, supply chain disruptions, transportation issues, acts of war or terrorism, civil unrest, or cyberattacks.
Kobayashi Bar does not provide installation, plumbing, or design services. Any technical recommendations or specifications offered are informational only. It is the sole responsibility of the purchaser or their contractor to ensure compatibility, safety, and code compliance.
By purchasing from Kobayashi Bar, you ("Purchaser") agree to indemnify, defend, and hold harmless Kobayashi Workflow LLC, its affiliates, officers, agents, and employees from and against any and all claims, suits, demands, damages, losses, costs, expenses, attorney's fees, settlements, or judgments arising out of or related to:
(a) the use, installation, modification, resale, removal, or storage of any Kobayashi Bar product after delivery;
(b) any injury, death, or property damage to any third party, including but not limited to staff, contractors, patrons, guests, or licensees of the Purchaser, occurring in connection with the use, presence, installation, or environment of a Kobayashi Bar product;
(c) any breach of these Terms by Purchaser or by any party acting under Purchaser's direction or control;
(d) any failure to comply with applicable plumbing, electrical, building, health, or safety codes during installation or operation;
(e) any claim brought by a third party alleging defects in installation, integration, modification, or design of the surrounding bar or venue.
Purchaser's duty to defend Kobayashi Bar arises upon tender of any claim, regardless of fault, and is independent of any other obligation under these Terms.
Notwithstanding the foregoing, this indemnification shall not extend to claims arising from Kobayashi Bar's sole gross negligence or willful misconduct, as determined by final judgment of a court of competent jurisdiction or arbitrator. The word "sole" is intentional: any allegation that Purchaser, its agents, contractors, or third parties contributed in any way to the underlying conduct shall not relieve Purchaser of its indemnification obligations under this Section.
Purchaser acknowledges that Kobayashi Bar products are sold for use in commercial environments where third parties, including employees, patrons, contractors, and visitors, will interact with the product. Purchaser assumes full responsibility for:
(a) the safe installation, anchoring, sealing, and operation of the product;
(b) the training and supervision of all personnel using or maintaining the product;
(c) the maintenance of premises liability and general liability insurance sufficient to cover any third-party claims arising at the venue where the product is installed;
(d) compliance with all applicable workplace safety, health code, and accessibility regulations.
Purchaser waives any right to seek contribution or indemnity from Kobayashi Bar for any third-party claim arising from Purchaser's failure to fulfill the obligations set forth in this Section, except to the extent such waiver is prohibited by law.
Kobayashi Bar's role is limited to the manufacture and delivery of the product as specified. Kobayashi Bar makes no representation regarding the suitability of any specific installation environment, and Purchaser is solely responsible for verifying that the product is appropriate for its intended use and location.
Our return and replacement policy is covered in our Return Policy, including our 30-day money-back guarantee and damaged-part replacement process.
Your data is handled in accordance with our Privacy Policy and Cookie Policy, which describe what we collect, how we use it, and how to exercise your rights.
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.
(a) Mandatory Arbitration. Any dispute, claim, or controversy arising out of or relating to these Terms, the purchase of any Kobayashi Bar product, the use or installation of any product, or any communications between Kobayashi Bar and Purchaser, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory ("Dispute"), shall be resolved exclusively by binding individual arbitration administered by the American Arbitration Association ("AAA") under its Commercial Arbitration Rules then in effect.
(b) Location and Procedure. The arbitration shall be conducted in Los Angeles County, California, before a single arbitrator. The arbitrator shall have exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability, or formation of this arbitration agreement, including any claim that all or any part of it is void or voidable. Judgment on the award may be entered in any court of competent jurisdiction.
(c) Class Action Waiver. PURCHASER AND KOBAYASHI BAR AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON'S CLAIMS AND MAY NOT PRESIDE OVER ANY FORM OF CLASS OR REPRESENTATIVE PROCEEDING. THE ARBITRATOR MAY AWARD RELIEF ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY'S INDIVIDUAL CLAIM.
(d) Exceptions. Notwithstanding the foregoing, either party may bring an individual action in small claims court for disputes within the court's jurisdiction, and either party may seek injunctive or other equitable relief in a court of competent jurisdiction to protect its intellectual property rights or confidential information.
(e) Survival. This Section shall survive any termination, refund, or expiration of these Terms and the purchase relationship between the parties.
(f) Severability of Arbitration Provision. If the class action waiver in subsection (c) is found to be unenforceable, the entirety of this arbitration provision shall be null and void, and the parties shall litigate any Dispute in accordance with Section 19 (Governing Law). Otherwise, if any other portion of this arbitration provision is found unenforceable, that portion shall be severed and the remainder shall be enforced.
These Terms shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflict of laws principles. Subject to the arbitration provisions in Section 18, any disputes shall be resolved in the state or federal courts located in Los Angeles County, California, and the parties consent to the exclusive jurisdiction and venue of those courts.
The United Nations Convention on Contracts for the International Sale of Goods does not apply to these Terms.
To the fullest extent permitted by applicable law, any claim or cause of action arising out of or related to these Terms, the purchase of any Kobayashi Bar product, or the use or installation of any product must be brought within one (1) year after the cause of action accrues, regardless of any statute or law to the contrary. Any claim not brought within this period shall be permanently barred.
In the event of any arbitration, action, or proceeding arising out of or relating to these Terms, the prevailing party shall be entitled to recover its reasonable attorneys' fees, expert witness fees, arbitration costs, and other costs and expenses, in addition to any other relief to which it may be entitled.
Kobayashi Bar reserves the right to modify these Terms at any time by posting a revised version on kobayashibar.com. The "Last updated" date at the top of these Terms indicates when they were last revised. Continued use of the website or placement of any new order after the posting of revised Terms constitutes acceptance of the revised Terms. For any individual order, the Terms in effect at the time the order was placed shall govern that order.
(a) Severability. If any provision of these Terms is held to be invalid, illegal, or unenforceable by a court or arbitrator of competent jurisdiction, the remaining provisions shall continue in full force and effect, and the invalid provision shall be enforced to the maximum extent permitted by law.
(b) Entire Agreement. These Terms, together with the Lifetime Guarantee, Return Policy, Privacy Policy, and Cookie Policy, constitute the entire agreement between Kobayashi Bar and Purchaser with respect to the subject matter herein and supersede all prior or contemporaneous oral or written communications, proposals, representations, warranties, and understandings. No purchase order, acknowledgment, terms, or other document submitted by Purchaser shall modify these Terms unless expressly agreed in writing and signed by an authorized representative of Kobayashi Bar.
(c) Assignment. Purchaser may not assign or transfer any of its rights or obligations under these Terms without the prior written consent of Kobayashi Bar. Any attempted assignment in violation of this Section shall be null and void. Kobayashi Bar may assign these Terms in connection with a merger, acquisition, sale of assets, or by operation of law without consent.
(d) No Waiver. The failure of Kobayashi Bar to enforce any provision of these Terms shall not constitute a waiver of that or any other provision. No waiver shall be effective unless in writing and signed by an authorized representative of Kobayashi Bar.
(e) Notices. Any notice required or permitted under these Terms shall be in writing and sent to info@kobayashibar.com (for notices to Kobayashi Bar) or to the email address provided by Purchaser at the time of purchase (for notices to Purchaser). Notice shall be deemed received upon transmission, provided no delivery failure notification is received.
(f) Independent Contractors. The parties are independent contractors. Nothing in these Terms creates a partnership, joint venture, agency, franchise, or employment relationship between the parties.
(g) Headings. Section headings are for convenience only and shall not affect the interpretation of these Terms.
(h) Construction. These Terms have been negotiated at arm's length between sophisticated commercial parties and shall not be construed against the drafting party. Any rule of construction to the effect that ambiguities are to be resolved against the drafting party shall not apply to the interpretation of these Terms.
(i) Survival. All provisions of these Terms that by their nature should survive termination, expiration, or completion of the purchase relationship shall survive, including without limitation Sections 7 (Disclaimer of Implied Warranties), 10 (Limitation of Liability), 14 (Indemnification & Defense), 15 (Third-Party Claims), 18 (Dispute Resolution), 19 (Governing Law), 20 (Statute of Limitations), and 21 (Attorney's Fees).
For questions or concerns about these Terms, contact us at info@kobayashibar.com or +1 424-395-2929.