CORRIDOR PADDLEBOARDS LLC
Privacy policy
Our Commitment to Your Privacy
CORRIDOR PADDLEBOARDS LLC respects your privacy. We are particularly sensitive to privacy issues on the Internet and therefore we provide this Privacy Policy so you know about our online information practices and understand how we treat the information we receive about you from the Internet.
The Information We Collect
In general, you can browse our Web site without telling us who you are or revealing any personal information about yourself. We are, however, able to determine your IP address. We use your IP address to help diagnose problems with our server, to administer our Web site, to measure the use of our Web site and to improve the content of our Web site. In short we use your IP to gather aggregate demographic information. There are a few places where we give you an opportunity to provide us your personal information. This refers to information that lets us know the specifics of who you are. When you engage in certain activities on our web site, such as ordering a product, entering a contest or sweepstakes, filling out a survey, sending us feedback, requesting owners and parts manuals or registering your product online, we may ask you to provide certain information. If you choose to share any personal information with us, you will see that the amount and type of personal information we request depend on how you use our Web site. It is completely optional for you to engage in these activities. If you elect to engage in these activities, however, we may ask that you provide us personal information, such as your first and last name, mailing address (including zip code), email address, telephone and facsimile numbers, and other personal identifying information. When ordering products on our web site, you may be asked to provide a credit card number. Depending upon the activity, some of the information we ask you to provide is identified as mandatory and some as voluntary. If you do not provide the mandatory data with respect to a particular activity, you will not be able to engage in that activity.
The Way We Use Information
We may use your personal information for particular purposes such as processing your order or for marketing research and other marketing purposes and for providing you with the latest product and promotional information and other information that might be useful to you. We may use your personal information to deliver information to you and to contact you regarding administrative notices. We may share this information with CORRIDOR PADDLEBOARDS LLC affiliates, dealers or other business partners to support your customer relationship with the CORRIDOR PADDLEBOARDS LLC. We must release your credit card information to the card-issuing bank to confirm payment for products purchased on our web site; release your address information to the delivery service to deliver products that you ordered; and provide order information to third parties that help us provide customer service. We will not give or sell this information to any other company for its use in marketing or solicitation.
Our Commitment to Security of Your Personal Information
We want you to have continuing trust in CORRIDOR PADDLEBOARDS LLC and in our products and services and, so, we have put in place reasonable physical, electronic and managerial procedures to safeguard and secure your personal information.
In order to most efficiently serve you, credit card transactions and order fulfillment are handled by established third party banking, processing agents and distribution institutions. They receive the information needed to verify and authorize your credit card or other payment information and to process and ship your order.
Unfortunately, no data transmission over the Internet or any wireless network can be guaranteed to be 100% secure. As a result, while we strive to protect your personal information, you acknowledge that: (a) there are security and privacy limitations of the Internet which are beyond our control; (b) the security, integrity and privacy of any and all information and data exchanged between you and us through our web site cannot be guaranteed; and (c) any such information and data may be viewed or tampered with in transit by a third party.
By using this Web site you are agreeing to the terms of the CORRIDOR PADDLEBOARDS LLC Privacy Policy.
We reserve the right to modify our privacy policy as business needs require. We will post such changes on our Web site.
Privacy policy
Our Commitment to Your Privacy
CORRIDOR PADDLEBOARDS LLC respects your privacy. We are particularly sensitive to privacy issues on the Internet and therefore we provide this Privacy Policy so you know about our online information practices and understand how we treat the information we receive about you from the Internet.
The Information We Collect
In general, you can browse our Web site without telling us who you are or revealing any personal information about yourself. We are, however, able to determine your IP address. We use your IP address to help diagnose problems with our server, to administer our Web site, to measure the use of our Web site and to improve the content of our Web site. In short we use your IP to gather aggregate demographic information. There are a few places where we give you an opportunity to provide us your personal information. This refers to information that lets us know the specifics of who you are. When you engage in certain activities on our web site, such as ordering a product, entering a contest or sweepstakes, filling out a survey, sending us feedback, requesting owners and parts manuals or registering your product online, we may ask you to provide certain information. If you choose to share any personal information with us, you will see that the amount and type of personal information we request depend on how you use our Web site. It is completely optional for you to engage in these activities. If you elect to engage in these activities, however, we may ask that you provide us personal information, such as your first and last name, mailing address (including zip code), email address, telephone and facsimile numbers, and other personal identifying information. When ordering products on our web site, you may be asked to provide a credit card number. Depending upon the activity, some of the information we ask you to provide is identified as mandatory and some as voluntary. If you do not provide the mandatory data with respect to a particular activity, you will not be able to engage in that activity.
The Way We Use Information
We may use your personal information for particular purposes such as processing your order or for marketing research and other marketing purposes and for providing you with the latest product and promotional information and other information that might be useful to you. We may use your personal information to deliver information to you and to contact you regarding administrative notices. We may share this information with CORRIDOR PADDLEBOARDS LLC affiliates, dealers or other business partners to support your customer relationship with the CORRIDOR PADDLEBOARDS LLC. We must release your credit card information to the card-issuing bank to confirm payment for products purchased on our web site; release your address information to the delivery service to deliver products that you ordered; and provide order information to third parties that help us provide customer service. We will not give or sell this information to any other company for its use in marketing or solicitation.
Our Commitment to Security of Your Personal Information
We want you to have continuing trust in CORRIDOR PADDLEBOARDS LLC and in our products and services and, so, we have put in place reasonable physical, electronic and managerial procedures to safeguard and secure your personal information.
In order to most efficiently serve you, credit card transactions and order fulfillment are handled by established third party banking, processing agents and distribution institutions. They receive the information needed to verify and authorize your credit card or other payment information and to process and ship your order.
Unfortunately, no data transmission over the Internet or any wireless network can be guaranteed to be 100% secure. As a result, while we strive to protect your personal information, you acknowledge that: (a) there are security and privacy limitations of the Internet which are beyond our control; (b) the security, integrity and privacy of any and all information and data exchanged between you and us through our web site cannot be guaranteed; and (c) any such information and data may be viewed or tampered with in transit by a third party.
By using this Web site you are agreeing to the terms of the CORRIDOR PADDLEBOARDS LLC Privacy Policy.
We reserve the right to modify our privacy policy as business needs require. We will post such changes on our Web site.
CORRIDOR PADDLEBOARDS LLC
Terms of Use
Welcome to the CORRIDOR PADDLEBOARDS LL Web site. By using the CORRIDOR PADDLEBOARDS LLC Web site YOU AGREE TO BE BOUND BY ITS TERMS OF USE (explained below) and all disclaimers and terms and conditions that appear elsewhere on the CORRIDOR PADDLEBOARDS LLC Web site.
CORRIDOR PADDLEBOARDS LLC reserves the right to make changes to the CORRIDOR PADDLEBOARDS LLC Web site and its Terms of Use and Legal Notices at any time. Each time you use the CORRIDOR PADDLEBOARDS LLC Web site, you should visit and review the then current Conditions of Use and Legal Notices that apply to your transactions and use of this site. If you are dissatisfied with the CORRIDOR PADDLEBOARDS LLC Web site, its content or Terms of Use and Legal Notices, you agree that your sole and exclusive remedy is to discontinue using the CORRIDOR PADDLEBOARDS LLC Web site.
Tampering with the site, misrepresenting the identity of a user, using buying agents or conducting fraudulent activities on the site are prohibited.
Disclaimers and Limitation of Liability
By using the CORRIDOR PADDLEBOARDS LLC Web site, you expressly agree that use of the CORRIDOR PADDLEBOARDS LLC Web site is at your sole risk. The CORRIDOR PADDLEBOARDS LLC Web site is provided on an "AS IS" and "as available" basis. Neither CORRIDOR PADDLEBOARDS LLC nor its respective officers, directors, employees, agents, third-party content providers, designers, contractors, distributors, merchants, sponsors, licensors or the like (collectively, "Associates") warrant that use of the CORRIDOR PADDLEBOARDS LLC Web site will be uninterrupted or error-free. Neither CORRIDOR PADDLEBOARDS LLC nor its Associates warrant the accuracy, integrity or completeness of the content provided on the CORRIDOR PADDLEBOARDS LLC Web site or the products or services offered for sale on the CORRIDOR PADDLEBOARDS LLC Web site. Further, CORRIDOR PADDLEBOARDS LLC makes no representation that content provided on the CORRIDOR PADDLEBOARDS LLC Web site is applicable to, or appropriate for use in, locations outside of the United States. CORRIDOR PADDLEBOARDS LLC and its Associates specifically disclaim all warranties, whether expressed or implied, including but not limited to warranties of title, merchantability or fitness for a particular purpose. No oral advice or written information given by CORRIDOR PADDLEBOARDS LLC or its Associates shall create a warranty. Some states do not allow the exclusion or limitation of certain warranties, so the above limitation or exclusion may not apply to you.
Under no circumstances shall CORRIDOR PADDLEBOARDS LLC or its Associates be liable for any direct, indirect, incidental, special or consequential damages that result from your use of or inability to use the CORRIDOR PADDLEBOARDS LLC Web site, including but not limited to reliance by you on any information obtained from the CORRIDOR PADDLEBOARDS LLC Web site that results in mistakes, omissions, interruptions, deletion or corruption of files, viruses, delays in operation or transmission, or any failure of performance. The foregoing Limitation of Liability shall apply in any action, whether in contract, tort or any other claim, even if an authorized representative of CORRIDOR PADDLEBOARDS LLC has been advised of or should have knowledge of the possibility of such damages. By this agreement, user acknowledges that this paragraph shall apply to all content, merchandise and services available through the CORRIDOR PADDLEBOARDS LLC Web site.
Intended for Users Over 13
The CORRIDOR PADDLEBOARDS LLC Web site is intended for use by individuals 13 years of age or older. The CORRIDOR PADDLEBOARDS LLC Web site is not directed for use by children under the age of 13. Users under the age of 13 should get the assistance of a parent or guardian to use this site.
Product Display/Colors
The CORRIDOR PADDLEBOARDS LLC Web site attempts to display product images shown on the site as accurately as possible. However, we cannot guarantee that the color you see matches the product color, as the display of the color depends, in part, upon the monitor you are using.
Errors on Our Site
Prices and availability of products and services are subject to change without notice. Errors will be corrected where discovered, and CORRIDOR PADDLEBOARDS LLC reserves the right to revoke any stated offer and to correct any errors, inaccuracies or omissions including after an order has been submitted and whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, CORRIDOR PADDLEBOARDS LLC will issue a credit to your credit card account in the amount of the charge. Individual bank policies will dictate when this amount is credited to your account. If you are not fully satisfied with your purchase, you may return it in accordance with CORRIDOR PADDLEBOARDS LLC's Return Policy.
Pricing Policy
Online prices and selection generally match those in our stores, but may vary. Prices and offers are subject to change.
Paying for Your Order
You may pay for your orders with PayPal or major credit cards issued in the United States of America.
Generally, credit and debit cards are not charged until we either ship the item(s) to you or confirm store availability (at which time you will be charged only for the goods we have actually shipped along with any appropriate taxes or shipping charges). However, we may pre-authorize your order amount with your credit or debit card issuer at the time you place the order, which may have an effect on your available credit line. When paying for a preorder with a debit card you will be charged at the time you place your preorder. Please contact your credit card issuer for more information.
If you ordered a special delivery item, you will be charged once a delivery time is confirmed. For digitally delivered orders, your credit or debit card will be charged at the time that you initiate the download of the product.
Validating Your Order
After you place an order using our shopping cart, we will check the information you give us for validity, by verifying your method of payment or shipping address. We reserve the right to reject any order you place with us, and/or to limit quantities on any order, without giving any reason. If we reject your order, we will attempt to notify you using the e-mail address you have given us with the order.
Your credit or debit card will normally not be charged if we reject an order, but we will process a refund if the charge has been made against your card.
Order Acceptance/Confirmation
Your receipt of an electronic or other form of order confirmation does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. The CORRIDOR PADDLEBOARDS LLC Web site reserves the right at any time after receipt of your order to accept or decline your order for any reason.
Return Policy
All sales made through Seller’s web site are subject to Seller’s return policy. All items of normal merchandise may be returned within thirty days for a full refund when the items are in a new and unused condition. Special orders may be returned in a new and unused condition for a refund of the purchase price minus a 10% return charge.
Order Limitations/Limited Quantities
CORRIDOR PADDLEBOARDS LLC may, at its own discretion, limit or cancel quantities purchased per person, per household or per order. CORRIDOR PADDLEBOARDS LLC also reserves the right to reject any order you place with us. These restrictions may include orders placed by the same CORRIDOR PADDLEBOARDS LLC Web site account, the same credit card, and orders that use the same billing and/or shipping address. In the event we make a change to an order, we will attempt to notify you by contacting the e-mail and/or billing address provided at the time the order was made. CORRIDOR PADDLEBOARDS LLC reserves the right to limit or prohibit sales to dealers.
Shipping
All orders placed on this site are subject to product availability and will be shipped according to CORRIDOR PADDLEBOARDS LLC's shipping policies.
In the rare event that your order never arrives, notification of lost items must be received within 60 days from receipt of the shipping confirmation e-mail.
Please review the Shipping & Deliveries page in our Help section for additional information on shipping times, rates and policies.
Termination of Use
CORRIDOR PADDLEBOARDS LLC may, in its sole discretion, terminate your account or your use of the CORRIDOR PADDLEBOARDS LLC Web site at anytime. You are personally liable for any orders that you place or charges that you incur prior to termination. CORRIDOR PADDLEBOARDS LLC reserves the right to change, suspend or discontinue all or any aspects of the CORRIDOR PADDLEBOARDS LLC Web site at any time without prior notice.
Terms of Use
Welcome to the CORRIDOR PADDLEBOARDS LL Web site. By using the CORRIDOR PADDLEBOARDS LLC Web site YOU AGREE TO BE BOUND BY ITS TERMS OF USE (explained below) and all disclaimers and terms and conditions that appear elsewhere on the CORRIDOR PADDLEBOARDS LLC Web site.
CORRIDOR PADDLEBOARDS LLC reserves the right to make changes to the CORRIDOR PADDLEBOARDS LLC Web site and its Terms of Use and Legal Notices at any time. Each time you use the CORRIDOR PADDLEBOARDS LLC Web site, you should visit and review the then current Conditions of Use and Legal Notices that apply to your transactions and use of this site. If you are dissatisfied with the CORRIDOR PADDLEBOARDS LLC Web site, its content or Terms of Use and Legal Notices, you agree that your sole and exclusive remedy is to discontinue using the CORRIDOR PADDLEBOARDS LLC Web site.
Tampering with the site, misrepresenting the identity of a user, using buying agents or conducting fraudulent activities on the site are prohibited.
Disclaimers and Limitation of Liability
By using the CORRIDOR PADDLEBOARDS LLC Web site, you expressly agree that use of the CORRIDOR PADDLEBOARDS LLC Web site is at your sole risk. The CORRIDOR PADDLEBOARDS LLC Web site is provided on an "AS IS" and "as available" basis. Neither CORRIDOR PADDLEBOARDS LLC nor its respective officers, directors, employees, agents, third-party content providers, designers, contractors, distributors, merchants, sponsors, licensors or the like (collectively, "Associates") warrant that use of the CORRIDOR PADDLEBOARDS LLC Web site will be uninterrupted or error-free. Neither CORRIDOR PADDLEBOARDS LLC nor its Associates warrant the accuracy, integrity or completeness of the content provided on the CORRIDOR PADDLEBOARDS LLC Web site or the products or services offered for sale on the CORRIDOR PADDLEBOARDS LLC Web site. Further, CORRIDOR PADDLEBOARDS LLC makes no representation that content provided on the CORRIDOR PADDLEBOARDS LLC Web site is applicable to, or appropriate for use in, locations outside of the United States. CORRIDOR PADDLEBOARDS LLC and its Associates specifically disclaim all warranties, whether expressed or implied, including but not limited to warranties of title, merchantability or fitness for a particular purpose. No oral advice or written information given by CORRIDOR PADDLEBOARDS LLC or its Associates shall create a warranty. Some states do not allow the exclusion or limitation of certain warranties, so the above limitation or exclusion may not apply to you.
Under no circumstances shall CORRIDOR PADDLEBOARDS LLC or its Associates be liable for any direct, indirect, incidental, special or consequential damages that result from your use of or inability to use the CORRIDOR PADDLEBOARDS LLC Web site, including but not limited to reliance by you on any information obtained from the CORRIDOR PADDLEBOARDS LLC Web site that results in mistakes, omissions, interruptions, deletion or corruption of files, viruses, delays in operation or transmission, or any failure of performance. The foregoing Limitation of Liability shall apply in any action, whether in contract, tort or any other claim, even if an authorized representative of CORRIDOR PADDLEBOARDS LLC has been advised of or should have knowledge of the possibility of such damages. By this agreement, user acknowledges that this paragraph shall apply to all content, merchandise and services available through the CORRIDOR PADDLEBOARDS LLC Web site.
Intended for Users Over 13
The CORRIDOR PADDLEBOARDS LLC Web site is intended for use by individuals 13 years of age or older. The CORRIDOR PADDLEBOARDS LLC Web site is not directed for use by children under the age of 13. Users under the age of 13 should get the assistance of a parent or guardian to use this site.
Product Display/Colors
The CORRIDOR PADDLEBOARDS LLC Web site attempts to display product images shown on the site as accurately as possible. However, we cannot guarantee that the color you see matches the product color, as the display of the color depends, in part, upon the monitor you are using.
Errors on Our Site
Prices and availability of products and services are subject to change without notice. Errors will be corrected where discovered, and CORRIDOR PADDLEBOARDS LLC reserves the right to revoke any stated offer and to correct any errors, inaccuracies or omissions including after an order has been submitted and whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, CORRIDOR PADDLEBOARDS LLC will issue a credit to your credit card account in the amount of the charge. Individual bank policies will dictate when this amount is credited to your account. If you are not fully satisfied with your purchase, you may return it in accordance with CORRIDOR PADDLEBOARDS LLC's Return Policy.
Pricing Policy
Online prices and selection generally match those in our stores, but may vary. Prices and offers are subject to change.
Paying for Your Order
You may pay for your orders with PayPal or major credit cards issued in the United States of America.
Generally, credit and debit cards are not charged until we either ship the item(s) to you or confirm store availability (at which time you will be charged only for the goods we have actually shipped along with any appropriate taxes or shipping charges). However, we may pre-authorize your order amount with your credit or debit card issuer at the time you place the order, which may have an effect on your available credit line. When paying for a preorder with a debit card you will be charged at the time you place your preorder. Please contact your credit card issuer for more information.
If you ordered a special delivery item, you will be charged once a delivery time is confirmed. For digitally delivered orders, your credit or debit card will be charged at the time that you initiate the download of the product.
Validating Your Order
After you place an order using our shopping cart, we will check the information you give us for validity, by verifying your method of payment or shipping address. We reserve the right to reject any order you place with us, and/or to limit quantities on any order, without giving any reason. If we reject your order, we will attempt to notify you using the e-mail address you have given us with the order.
Your credit or debit card will normally not be charged if we reject an order, but we will process a refund if the charge has been made against your card.
Order Acceptance/Confirmation
Your receipt of an electronic or other form of order confirmation does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. The CORRIDOR PADDLEBOARDS LLC Web site reserves the right at any time after receipt of your order to accept or decline your order for any reason.
Return Policy
All sales made through Seller’s web site are subject to Seller’s return policy. All items of normal merchandise may be returned within thirty days for a full refund when the items are in a new and unused condition. Special orders may be returned in a new and unused condition for a refund of the purchase price minus a 10% return charge.
Order Limitations/Limited Quantities
CORRIDOR PADDLEBOARDS LLC may, at its own discretion, limit or cancel quantities purchased per person, per household or per order. CORRIDOR PADDLEBOARDS LLC also reserves the right to reject any order you place with us. These restrictions may include orders placed by the same CORRIDOR PADDLEBOARDS LLC Web site account, the same credit card, and orders that use the same billing and/or shipping address. In the event we make a change to an order, we will attempt to notify you by contacting the e-mail and/or billing address provided at the time the order was made. CORRIDOR PADDLEBOARDS LLC reserves the right to limit or prohibit sales to dealers.
Shipping
All orders placed on this site are subject to product availability and will be shipped according to CORRIDOR PADDLEBOARDS LLC's shipping policies.
In the rare event that your order never arrives, notification of lost items must be received within 60 days from receipt of the shipping confirmation e-mail.
Please review the Shipping & Deliveries page in our Help section for additional information on shipping times, rates and policies.
Termination of Use
CORRIDOR PADDLEBOARDS LLC may, in its sole discretion, terminate your account or your use of the CORRIDOR PADDLEBOARDS LLC Web site at anytime. You are personally liable for any orders that you place or charges that you incur prior to termination. CORRIDOR PADDLEBOARDS LLC reserves the right to change, suspend or discontinue all or any aspects of the CORRIDOR PADDLEBOARDS LLC Web site at any time without prior notice.
CORRIDOR PADDLEBOARDS LLC
TERMS OF SALE
1. Payment Terms. All sales are PAYABLE BY CASH AT THE TIME OF DELIVERY unless otherwise indicated on the face of the invoice. Payments on an approved open account are due and payable on the 10th of month following purchase. If any past due amounts appear on Buyer's account, then cash discounts are not allowed. In case of transfer of business by Buyer, insolvency of Buyer, or suit or action against Buyer begun by any credit, then the account becomes immediately due. All payments apply first to accrued service charges, then to costs, expenses and penalties, and then to oldest past due invoices.
2. Service Charge. Amounts unpaid by the end of the month following purchase are past due and incur a SERVICE CHARGE of 1.75% per month (an ANNUAL PERCENTAGE RATE of 21%). Service Charges are compounded monthly.
3. Collection. If the account is referred to an attorney for collection, then Buyer agrees to pay reasonable attorneys fees and court costs. If a Bond or lien is involved, then Seller shall also recover from the bond or lien (a) all service charges assessed against Buyer, and (b) reasonable attorney fees and court costs incurred (i) attempting to collect from Buyer or surety, or (ii) realizing on liens. A lien includes mechanics, material, construction, or other type of lien. A bond includes a payment, performance, or other kind of bond (such as a bond under the federal Miller Act, as amended, and its successors, or any state, municipal or other government bond law, or any private bond). A $10.00 charge is assessed on each returned check. Buyer agrees to pay expenses incurred in realizing on liens and security interests, and all penalties assessed by law.
4. Delay. Seller is not responsible for delays caused, or contributed to, by (a) accidents, (b) strikes, (c) riots, (d) shortage of material or labor at the producing mill, (e) carrier shortages, (f) interference with, obstruction or blocking of transportation routes, (g) damage to the carrier, (h) damage to goods by carrier, or (i) other causes beyond Seller's control. No claims for loss or damage will be allowed Buyer. Seller shall execute order as soon as the cause of delay is removed and conditions permit. If delays are excusable, then Seller's increased cost of performance (including cost of expedited orders) shall be added to the contract price. If Buyer shall not, after notice, immediately consent to the increased price, then Seller has the right to cancel the unshipped portion of the order.
5. Cancellation. An order shall not be cancelled except by mutual consent. Seller is not required to consent to cancellation if Seller agreed to purchase the goods from a supplier who fails or refuses to cancel the order.
6. Quantity Variation. Unless otherwise specifically agreed in writing, Seller can increase or decrease the quantity by not more than 10% when necessary to (a) avoid waste, (b) avoid breaking customary shipping units, (c) allow for breakage, or (d) allow for size of equipment.
7. Returns. All sales made through Seller’s web site are subject to Seller’s return policy. All items of normal merchandise may be returned within thirty days for a full refund when the items are in a new and unused condition. Special orders may be returned in a new and unused condition for a refund of the purchase price minus a 20% return charge.
8. Shipment. Unless otherwise stated on face of invoice, Seller is only required to deliver goods to carrier at place of shipment and is not required to deliver goods to destination. After delivery, costs incurred and risk of loss are for Buyer's account. An authorized agent for the Buyer will check in, verify, and sign for all goods shipped to the Buyer or the Buyer's jobsite.
9. Claims. Claims for shortage or damage are not allowed unless made at time of delivery. Shipment is F.O.B. Seller, and Buyer shall resolve all claims for shortage or damage directly with carrier unless Buyer in writing requests Seller to assist in claim resolution. All other claims are waived by Buyer unless Buyer notifies Seller in writing within ten days after delivery of goods.
10. Security Interest. Buyer agrees that Seller retains a Security interest in the goods until Seller is paid in full. The goods are described in the face of the invoice. Buyer will sign any documents and pay all fees necessary to perfect Seller's Security Interest.
11. Law. The terms of sale shall be construed according to Idaho law. The Buyer and Seller agree that the jurisdiction and forum shall be the courts of Idaho, and venue shall be in Boise, Idaho. 12. Errors. Seller may correct at any time all extension and price errors on an order, acknowledgement or invoice.
13. Retainage. Seller is not liable for retainage unless the goods are being installed by the Seller.
14. Acceptance. This document modifies all prior terms of sale unless timely objection to modification is made in writing to Seller. Acceptance is limited to the terms of sale set forth in this document. Seller objects to any additional terms of the Buyer.
15. Authority of Sales Personnel. No sales person or agent of the Seller, other than the Seller's credit manager, has any authority to change the terms of sale set forth in this document.
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DISCLAIMER AND LIMITATION OF WARRANTIES AND REMEDIES
1. Manufacturer Warranty. If goods supplied by Seller are covered by an assignable warranty of a manufacturer, then Seller assigns to the Buyer all such assignable warranties. Buyer is solely responsible to determine the nature and scope of the manufacturer's warranty.
2. Seller Warranty.
A. Applicable Manufacturer Warranty. In the event the manufacturer does provide a warranty of any kind or nature of the goods, then Seller (i) supplies the goods "AS IS AND WITH ALL DEFECTS," and (ii) makes no warranties either express or implied regarding title, quality or conformity of the goods, including the warranty of merchantability or fitness for a particular purpose, except the following express warranties: (a) the title conveyed is good, and its transfer rightful; (b) the goods shall be delivered free of any security interest, lien or encumbrance, except for Seller's lien rights and security interest, and (c) the goods to be shipped will conform to the description, grade, and condition of the goods invoiced according to applicable grading rules.
C. No Manufacturer Warranty. In the event the manufacturer does not provide a warranty of any kind or nature, then Seller (in addition to the warranty in the preceding paragraph) warrants that the goods are and shall be free of all defects in material or workmanship for a period of one (1) year from the date of the invoice.
3. Remedies. The Buyer's exclusive remedies for a breach of any warranty by Seller is to return the goods to Seller for a refund of the purchase price, or repair, or replacement. All goods returned to Seller shall be shipped to "FOB Seller", and Seller shall return ship the goods "FOB Seller". Seller has the exclusive right to select the remedy. Seller may select any one of the remedies irrespective of whether the nonconforming goods have been incorporated into or installed upon a project or job.
4. Limitation of Liability. Seller expressly excludes liability for (i) consequential damages, tort damages, strict liability damages, and liquidated damages, (ii) any costs related to the removal of any goods for return to Seller, and (iii) any costs related to the installation of repaired or replacement goods.
5. Use or Installation of Goods. Unless Seller actually uses or installs the goods, Seller is not responsible for, and makes no representations regarding, the use or method of installation of the goods. If Seller does use or install the goods, then Seller is liable only for Seller's breach of contract or negligence, and is not under any circumstances liable for acts or omissions of any other party (including owner, contractor, subcontractor, design professional, or agent).
TERMS OF SALE
1. Payment Terms. All sales are PAYABLE BY CASH AT THE TIME OF DELIVERY unless otherwise indicated on the face of the invoice. Payments on an approved open account are due and payable on the 10th of month following purchase. If any past due amounts appear on Buyer's account, then cash discounts are not allowed. In case of transfer of business by Buyer, insolvency of Buyer, or suit or action against Buyer begun by any credit, then the account becomes immediately due. All payments apply first to accrued service charges, then to costs, expenses and penalties, and then to oldest past due invoices.
2. Service Charge. Amounts unpaid by the end of the month following purchase are past due and incur a SERVICE CHARGE of 1.75% per month (an ANNUAL PERCENTAGE RATE of 21%). Service Charges are compounded monthly.
3. Collection. If the account is referred to an attorney for collection, then Buyer agrees to pay reasonable attorneys fees and court costs. If a Bond or lien is involved, then Seller shall also recover from the bond or lien (a) all service charges assessed against Buyer, and (b) reasonable attorney fees and court costs incurred (i) attempting to collect from Buyer or surety, or (ii) realizing on liens. A lien includes mechanics, material, construction, or other type of lien. A bond includes a payment, performance, or other kind of bond (such as a bond under the federal Miller Act, as amended, and its successors, or any state, municipal or other government bond law, or any private bond). A $10.00 charge is assessed on each returned check. Buyer agrees to pay expenses incurred in realizing on liens and security interests, and all penalties assessed by law.
4. Delay. Seller is not responsible for delays caused, or contributed to, by (a) accidents, (b) strikes, (c) riots, (d) shortage of material or labor at the producing mill, (e) carrier shortages, (f) interference with, obstruction or blocking of transportation routes, (g) damage to the carrier, (h) damage to goods by carrier, or (i) other causes beyond Seller's control. No claims for loss or damage will be allowed Buyer. Seller shall execute order as soon as the cause of delay is removed and conditions permit. If delays are excusable, then Seller's increased cost of performance (including cost of expedited orders) shall be added to the contract price. If Buyer shall not, after notice, immediately consent to the increased price, then Seller has the right to cancel the unshipped portion of the order.
5. Cancellation. An order shall not be cancelled except by mutual consent. Seller is not required to consent to cancellation if Seller agreed to purchase the goods from a supplier who fails or refuses to cancel the order.
6. Quantity Variation. Unless otherwise specifically agreed in writing, Seller can increase or decrease the quantity by not more than 10% when necessary to (a) avoid waste, (b) avoid breaking customary shipping units, (c) allow for breakage, or (d) allow for size of equipment.
7. Returns. All sales made through Seller’s web site are subject to Seller’s return policy. All items of normal merchandise may be returned within thirty days for a full refund when the items are in a new and unused condition. Special orders may be returned in a new and unused condition for a refund of the purchase price minus a 20% return charge.
8. Shipment. Unless otherwise stated on face of invoice, Seller is only required to deliver goods to carrier at place of shipment and is not required to deliver goods to destination. After delivery, costs incurred and risk of loss are for Buyer's account. An authorized agent for the Buyer will check in, verify, and sign for all goods shipped to the Buyer or the Buyer's jobsite.
9. Claims. Claims for shortage or damage are not allowed unless made at time of delivery. Shipment is F.O.B. Seller, and Buyer shall resolve all claims for shortage or damage directly with carrier unless Buyer in writing requests Seller to assist in claim resolution. All other claims are waived by Buyer unless Buyer notifies Seller in writing within ten days after delivery of goods.
10. Security Interest. Buyer agrees that Seller retains a Security interest in the goods until Seller is paid in full. The goods are described in the face of the invoice. Buyer will sign any documents and pay all fees necessary to perfect Seller's Security Interest.
11. Law. The terms of sale shall be construed according to Idaho law. The Buyer and Seller agree that the jurisdiction and forum shall be the courts of Idaho, and venue shall be in Boise, Idaho. 12. Errors. Seller may correct at any time all extension and price errors on an order, acknowledgement or invoice.
13. Retainage. Seller is not liable for retainage unless the goods are being installed by the Seller.
14. Acceptance. This document modifies all prior terms of sale unless timely objection to modification is made in writing to Seller. Acceptance is limited to the terms of sale set forth in this document. Seller objects to any additional terms of the Buyer.
15. Authority of Sales Personnel. No sales person or agent of the Seller, other than the Seller's credit manager, has any authority to change the terms of sale set forth in this document.
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DISCLAIMER AND LIMITATION OF WARRANTIES AND REMEDIES
1. Manufacturer Warranty. If goods supplied by Seller are covered by an assignable warranty of a manufacturer, then Seller assigns to the Buyer all such assignable warranties. Buyer is solely responsible to determine the nature and scope of the manufacturer's warranty.
2. Seller Warranty.
A. Applicable Manufacturer Warranty. In the event the manufacturer does provide a warranty of any kind or nature of the goods, then Seller (i) supplies the goods "AS IS AND WITH ALL DEFECTS," and (ii) makes no warranties either express or implied regarding title, quality or conformity of the goods, including the warranty of merchantability or fitness for a particular purpose, except the following express warranties: (a) the title conveyed is good, and its transfer rightful; (b) the goods shall be delivered free of any security interest, lien or encumbrance, except for Seller's lien rights and security interest, and (c) the goods to be shipped will conform to the description, grade, and condition of the goods invoiced according to applicable grading rules.
C. No Manufacturer Warranty. In the event the manufacturer does not provide a warranty of any kind or nature, then Seller (in addition to the warranty in the preceding paragraph) warrants that the goods are and shall be free of all defects in material or workmanship for a period of one (1) year from the date of the invoice.
3. Remedies. The Buyer's exclusive remedies for a breach of any warranty by Seller is to return the goods to Seller for a refund of the purchase price, or repair, or replacement. All goods returned to Seller shall be shipped to "FOB Seller", and Seller shall return ship the goods "FOB Seller". Seller has the exclusive right to select the remedy. Seller may select any one of the remedies irrespective of whether the nonconforming goods have been incorporated into or installed upon a project or job.
4. Limitation of Liability. Seller expressly excludes liability for (i) consequential damages, tort damages, strict liability damages, and liquidated damages, (ii) any costs related to the removal of any goods for return to Seller, and (iii) any costs related to the installation of repaired or replacement goods.
5. Use or Installation of Goods. Unless Seller actually uses or installs the goods, Seller is not responsible for, and makes no representations regarding, the use or method of installation of the goods. If Seller does use or install the goods, then Seller is liable only for Seller's breach of contract or negligence, and is not under any circumstances liable for acts or omissions of any other party (including owner, contractor, subcontractor, design professional, or agent).