TERMS OF SALE

(Please Scroll Down To Bottom Of Page To Accept The Terms)                                                                                                          

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.


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.


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.


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.


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.


CANCELLATION POLICY:

Once an order is submitted online through inspectionplug.com, the order is immediately processed.  At this point the order is non-cancelable.


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.


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.


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.


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.


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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