Terms of Sale and Return Policy
These terms and conditions govern the sale of Products (“Product” or “Products”) by Able Products Inc. (“Able” or “Seller”). These terms and conditions take precedence over Buyer’s supplemental or conflicting terms and conditions to which notice of objection is hereby given. Shipment of any products by Seller will be on these terms and conditions and no modification shall be effected by the acknowledgment or acceptance of any purchase order forms containing different terms and conditions from those set forth herein.
- Orders: All orders placed by Buyer are subject to acceptance by Seller. Once placed, orders may not be cancelled or rescheduled without Seller’s written consent. All accepted orders will identify the products, unit quantities, part numbers, and applicable prices of the Products being purchased.
- Prices and Taxes: The prices of the Products are specified on the website and in the confirmation email that Buyer receives. All prices and payments are based on U.S. dollars. Pricing for undelivered Products may be increased in the event of an increase in Seller’s cost, change in market conditions or any other causes beyond the Seller’s reasonable control. However, Buyer will be notified before any price increase will be implemented.
Unless otherwise agreed to in writing by Seller, all prices quoted are exclusive of transportation, insurance costs, and all taxes, including sales and use taxes of any jurisdiction. If required by law, Seller will collect and report taxes on Products sold, and Buyer otherwise agrees to indemnify and hold Seller harmless for any liability for tax in connection with the sale. When applicable, transportation and taxes will appear as separate items on Seller’s invoice.
- Availability: Every effort will be made by Seller to ensure accurate listing of Product availability on the website. Typically, orders can only be submitted through the website for Products that are currently in stock, so prompt shipment is assured. Use of the website Contact Form or other communication to request Products not currently in stock waives this assurance, as well as the pricing notice above. In the event of advance requests for Products not currently available, pricing will be maintained for future shipments if possible, or notice will be given as stated above.
- Payment and Fees: Payment may be made by check, money order, credit card, or wire transfer (all fees related to the foregoing to be paid by Buyer) in advance of Product shipment. If Buyer fails to make any payment when it is due, or if Seller has any reason to doubt Buyer’s financial solvency, Seller may suspend or cancel any or all purchase orders which Buyer opens but is unable or unwilling to pay promptly.
Current fees for credit card and wire transfer purchases will be disclosed during the checkout process, before payment is submitted. Fees for insufficient funds on a check or credit card transaction will be charged back to the Buyer at the rate of $35.00 (USD35.00) per transaction so returned or declined.
- Delivery and Title: The methods and routing of all shipments will be at the Seller’s discretion, unless the Buyer supplies explicit instructions. For all shipments made using the Buyer’s specified shipping account, title and risk of loss will pass to the Buyer upon delivery of the Product to the carrier. For shipments arranged by the Seller, title and risk of loss will also pass to the Buyer upon delivery of the Product to the carrier, dependent upon Buyer’s payment of all shipping costs, according to the shipping costs calculated during checkout. Seller is not liable for delays in delivery or for failure to perform due to causes beyond the reasonable control of the Seller, nor shall any carrier be deemed an agent of the Seller. A delayed delivery of any part of a shipped purchase order does not entitle Buyer to cancel other deliveries.
- Acceptance / Returns: All returns and exchanges of Products must be new, unused and contain all original packaging and other materials or accessories and be accompanied by a Return Merchandise Authorization (RMA). An RMA may be obtained from Seller’s website form located here, as long as this is submitted within 30 calendar days of Buyer’s receipt of shipment. Regardless of when the RMA is issued, all returns must be completed within 14 days of the issuance of the RMA. All returns (other than those referenced in the following section) will be subject to a restocking charge equivalent to 15% of the invoiced amount. Buyer must also pay all freight charges associated with shipping the Product back to Seller. Upon arrival at Seller’s facility, returned Products will be verified and Buyer will be notified of any discrepancies. If the returned Products are in a new and unused condition, and such Products contain all original packaging and other materials and accessories, a refund for the accepted Products will be issued for the value of the Products, less the restocking fee. Buyer may not under any circumstances return Customized Products (as defined below) or Products that have been installed, damaged, or altered in any way.
- Shortages/Discrepancies/Inspection/Warranty: Any shortages or discrepancies with Buyer’s purchase order must be reported to Seller within 10 calendar days of receipt of shipment, and should be noted to the carrier immediately upon delivery. (Any damaged goods should be documented to the carrier immediately upon delivery as well, to ensure a rapid claim approval for any such damages.) If Buyer notifies Seller of discrepancies within such 10-day period, Buyer may return the Products to Seller at no cost to Buyer. Any Product returned by Buyer must be new, unused and contain all original packaging and other materials or accessories and be accompanied by an RMA. An RMA may be obtained from Seller’s website located here. Any returns due to shortages or discrepancies will not be subject to the restocking fee referenced in the section above.
Able Products Inc. guarantees the products it manufactures or sells against defects in workmanship and material until shipped, insured, to the Buyer. Buyer should inspect all Products received immediately upon delivery to Buyer. Any alteration or modification of the product will void this warranty, as will faulty installation. Able’s obligation under this warranty is limited to the repair or replacement of defective products. No other warranty or remedy shall be provided. This warranty specifically does not guarantee payment or reimbursement of any damages other than repair or replacement of the product. Any claim under this warranty must be made in writing, within seven (7) days of receipt of the Product by the Buyer. Buyer must prepay shipping costs of all products returned to Able under this warranty. If it is determined that the product is defective in material and /or workmanship, the repair or replacement, at Able’s option, will occur at no charge, and return freight will be prepaid by Able. All other return of product to the Buyer will be at the Buyer’s expense. ABLE AND ITS AUTHORIZED AGENTS, EMPLOYEES AND REPRESENTATIVES SPECIFICALLY AND EXPRESSLY DISCLAIM ANY AND ALL OTHER WARRANTIES, INCLUDING THE WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE AND/OR ANY WARRANTY OF MERCHANTABILITY, THAT MIGHT OTHERWISE BE APPLICABLE UNDER ANY STATE OR FEDERAL LAW.
- Limited Liability of Able; Buyer’s Use and Selection of Products: Seller and its authorized agents, employees and representatives do not guarantee the performance of any Able Product in the customer’s use from anything other than defects in workmanship and material as provided for herein. Proper use by the customer is necessary for the effectiveness of the Product, as well as the safety of those using same. The Buyer is solely responsible to determine the suitability of any Able Product for any intended use. The Buyer assumes all risk and liability for use of any Able Product. Buyer specifically disclaims any consequential damages to person or property, damages for loss of use, lost time, loss of profit, lost income, loss of the Able Product itself and/or other incidental or consequential damages. Buyer also accepts the responsibility of removing from service any Product that becomes worn out, unusable, unfit for intended use, or defective in any way such as to make the Product a potential safety hazard. Seller is unable to undertake such obligations or responsibilities on behalf of the Buyer or any other user who is in sole possession and control of the Product. Similarly, Seller does not guarantee the performance of any Product in the Buyer’s use, as the Seller is unable to assure proper use by Buyer. Proper use and installation by Buyer is necessary for the effectiveness of the Product, as well as the safety of those using the Product.
- Customized Products: At times, and as available in the future, Buyer may order custom products (“Customized Product(s)”) created to certain specifications other than those shown on this website. Seller’s limited warranty terms do not apply to Customized Products. Any Product warranty provided by the manufacturer and/or supplier will be the Buyer’s sole remedy in these events. All Customized Products are sold on a “FINAL SALE” basis only, and no cancellations, returns, or refunds are allowed on any such Products.
- Force Majeure: Seller is not liable for failure to fulfill its obligations for any accepted purchase order or for delays in delivery due to causes beyond Seller’s reasonable control including, but not limited to, “Acts of God”, natural or artificial disaster, riot, war, strike, delay by carrier, acts or omissions of other parties, acts or omissions of civil or military authority, Government priorities, changes in law, material shortages, fire, strikes, floods, epidemics, quarantine restrictions, acts of terrorism, delays in transportation or inability to obtain labor, materials or Products through its regular sources. If a force majeure event occurs, Seller’s time frame for fulfillment shall be extended for a period equal to the time lost as a consequence of the force majeure event without subjecting Seller to any liability or penalty. Buyer’s time frame for requesting any RMA will be similarly extended in the event of any unforeseen service outage of the website or other means of contacting Seller, otherwise subject to the Terms above. In the event of force majeure, Seller may, at its option, cancel any remaining fulfillment of open orders, without any liability or penalty, by giving notice of such cancellation to the Buyer.
- Technical Assistance or Advice: If technical assistance or advice are offered or given to Buyer, such assistance or advice is given free of charge and only as an accommodation to Buyer. Seller shall not be held liable for the content or Buyer’s use of such technical assistance or advice, nor shall any statement made by any of Seller’s representatives in connection with the Products constitute a representation or warranty, express or implied.
- No Offset: Any delivery not in dispute (for damage during handling, for example) shall be paid for regardless of other disputes relating to other delivered or undelivered Product orders.
- Intellectual Property: Buyer shall have no right or interest in the trade names, trademarks, copyrights, patents, product names, or any other intellectual property rights of Seller, or any trademarks or service marks owned by suppliers to Seller. All materials contained on any website operated by Seller are subject to the ownership rights of Seller and its suppliers. Buyer shall have no right to copy or use any of the intellectual property of Seller or its suppliers without Seller’s express written permission.
- General Additions and Severability: (a) The laws of the State of Alabama will exclusively govern any dispute between Seller and Buyer and any disputes arising hereunder will be addressed and completed in the State of Alabama. (b) Buyer may not assign this Agreement without the prior written consent of Seller. Seller or its affiliates may perform the obligations under this Agreement. This Agreement is binding on successors and assigns. (c) Products, including software or other intellectual property, are subject to any applicable rights of third parties, such as patents, copyrights and/or user licenses. (d) The relationship between Buyer and Seller shall be that of an independent contractor. If any of the provisions contained herein are deemed illegal or unenforceable, such determinations shall not affect the validity of the remaining terms and conditions, and the remaining terms will continue in force and effect to the fullest extent permitted under applicable law. (e) Seller reserves the right to correct all typographical, computation or other errors in and from this website and on any related written correspondence so derived.
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