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INTRODUCTION:
The terms
and conditions which follow (the "Terms of Sale") control your legal rights
with respect to all products purchased online through inspectionplug.com.
All products are sold by Access Plug Flange, Inc.("APF") to you (the
"Customer"). You may have additional rights under the laws of your state. By
accepting delivery of products purchased through inspectionplug.com, you
agree to be bound by and accept these Terms of Sale. APF reserves the right
to alter these Terms of Sale at any time, without prior notice to Customers.
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OTHER DOCUMENTS DO NOT APPLY:
These terms
and conditions may NOT be altered, supplemented, or amended by the use of
any other document. Any attempt to alter, supplement or amend this document
or to enter an order for products which is made subject to additional or
altered terms and conditions will be null and void, unless otherwise agreed
to in a written agreement signed by both the Customer and an authorized
representative of APF.
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LIMITATION OF LIABILITY AND REMEDIES:
IN NO EVENT
WILL APF OR ITS SUBSIDIARIES, AFFILIATES, SUBCONTRACTORS OR SUPPLIERS BE
LIABLE FOR ANY OF THE FOLLOWING:
ACTUAL LOSS OR DIRECT DAMAGE THAT IS NOT LISTED; DAMAGES RELATING TO
RESELLER'S PROCUREMENT OF SUBSTITUTE PRODUCTS OR SERVICES (I.E., "COST OF
COVER"); OR INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES (INCLUDING DOWNTIME
COSTS OR LOST PROFITS).
THE REMEDIES IN THIS AGREEMENT ARE CUSTOMER'S SOLE AND EXCLUSIVE REMEDIES.
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PRICES:
Prices and
shipping charges are provided on Customer's order form. Only those customers
residing in the state of Texas will have sales tax added to their orders.
Unless Customer provides APF with a valid government or non-profit tax
exemption certificate, APF will withhold sales tax where applicable. Even if
APF does not withhold sales tax, Customer may be responsible to pay sales
tax in its state, county, or municipality.
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TERMS OF PAYMENT:
Terms of
payment will be established at APF's discretion. APF must receive payment
prior to its acceptance of Customer's order. Payment will be made by credit
card or valid Purchase Order. A valid Purchase Order may only be used for
shipments within the United States.
Customer is required to pay shipping and handling (see full shipment terms).
In the event of a calculation error in the total charge, APF will notify the
customer by telephone and/or email that the total charge had to be
recalculated. Upon notification, APF asks the customer to agree on the new
charge. If there was an overcharge, APF will repay the customer the
difference in the form of a credit. If additional payment is required and
customer agrees, APF will make a second charge on the customer's credit
card. If the customer does not agree to the new total charge, the customer
may cancel and APF will issue a full refund (including shipping and handling
and any applied taxes). Refunds are in the form of a credit.
Orders are not binding upon APF until accepted by APF.
Any quotation provided by APF will be binding on APF for the time period
identified in the quotation. If no time period is identified, the quotation
will be valid for 30 days after it is issued.
APF is not responsible for typographical mistakes, including but not limited
to mistakes affecting prices quoted for products offered through
inspectionplug.com. If Customer pays using a credit card, Customer's order
is subject to approval of the bank or other financial institution that
issued Customer's card. APF will not be liable if the bank refuses to
approve Customer's purchase or refuses to accept or honor Customer's credit
card. If Customer's card and purchase are accepted and approved, Customer
agrees to pay its obligations to its credit card issuer as required under
the terms of Customer's agreement with the issuer.
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CANCELLATION POLICY:
Once an
order is submitted online through inspectionplug.com, the order is
immediately processed. At this point the order is non-cancelable.
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SHIPMENT TERMS:
APF will
ship to Customer addresses in the 50 United States, the District of
Columbia, Puerto Rico, and Canada. APF is able to ship outside the United
States and Canada, however, APF is unable to ship to APO and FPO boxes. APF
will not ship to Post Office boxes. Prices do not include charges for
shipping, handling, or returns processing charges (see Returns). Customer
agrees to pay the full shipping charges. Title and risk of loss pass from
APF to Customer upon shipment from an APF-designated distribution facility
to Customer. Customer must sign for receipt of shipment unless s/he has made
special arrangements with the shipping carrier.
APF may deliver products in installments. Any delivery or shipment date
provided to Customer is APF's good-faith estimate. Customer acknowledges
that APF product availability may be limited, and particular products may
not be available for immediate delivery. APF will not be liable for any
loss, damage, cost, or expense related to any delay in shipment or delivery.
APF reserves the right to suspend shipment of particular products at APF's
discretion. APF agrees to notify Customer if APF chooses not to ship
particular products which have previously been ordered by Customer or in the
event shipment is delayed.
All orders received before 2:00 PM (Central Time) will be shipped the same
day. Orders submitted after 2:00 (or on a weekend or holiday) will be
shipped the next business day.
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EXPORT CONTROL:
Customer
acknowledges that products purchased through inspectionplug.com are subject
to United States export control laws and regulations. Customer agrees to
comply with all such laws and regulations.
Customers residing in Canada agree to pay all duty, taxes, and other charges
imposed by United States and/or Canada laws and any brokerage fees charged
by UPS or any shipment carrier.
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RETURNS PROCESS:
To return
products, contact APF's returns authorization representatives by Email at "sales@inspectionplug.com".
If a product was delivered in an inoperable condition, APF will arrange for
the product to be picked up by APF's designated returns carrier and returned
to APF at customer's expense. At its option, APF will repair or replace
inoperable products, or will refund the purchase price of the product and
any applied taxes in a form of a credit applied towards the customer's
credit card or account. All issued refunds do not include shipping and
handling charges. APF will pay for the expense of shipping a repaired unit
or a replacement unit back to the customer.
If you are returning your product for any other reason, you are responsible
for payment of return freight, as well as for any damage to the product
while in transit back to APF. APF recommends that Customers obtain insurance
for products they return to APF.
Upon receiving APF's approval to return a product, Customer will be assigned
a returns authorization number (called an RMA Number). Products will be
accepted only within ten (10) days after the RMA Number is issued. Only one
RMA Number will be issued per product. No RMA Number will be issued more
than fifteen (15) days after the date on which APF ships product to
Customer.
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RETURNS TERMS & CONDITIONS:
APF will
examine all products upon return. APF reserves the right to impose freight
and restocking charges equal to fifteen percent (15%) on Customers that
wrongly claim the products they are returning are inoperable.
APF reserves the right to refuse to accept returns that show excessive wear
and tear. APF reserves the right to charge Customer for any costs incurred
by APF in restoring returned product as necessary for the resale of product
as refurbished product.
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MISCELLANEOUS:
No
assignment: Customer may not assign its rights or duties under these Terms
of Sale.
Severability: If any provision of these Terms of Sale is deemed to be
unenforceable, illegal, or otherwise invalid, that provision and the
remaining provisions will be enforced to the greatest extent possible.
No oral modifications: These Terms of Sale may not be modified except in a
writing signed by Customer and APF.
Entire Agreement: These Terms of Sale are the only agreement between APF and
Customer relating to Customer's purchase of products using
inspectionplug.com, and supersede any prior or contemporaneous agreement or
representation.
Governing law/exclusive forum: The interpretation, construction, and
enforcement of these Terms of Sale will be governed by the domestic laws of
the State of Texas, excluding its conflicts of laws rules. Any action
requiring the interpretation, construction, or enforcement of these Terms of
Sale must be brought in a state or federal court in the federal judicial
district where the Customer resides or in Harris County, Texas.
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