Terms & Conditions
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.
These conditions were last updated
on 3 April, 2017. These conditions and policies
may be amended from time to time. Any
amendments to our Terms of Sale, Return Policy, and Privacy Policy will be
posted as a notification on our homepage.
© Copyright 2017 - Able Products
Inc.