TERMS & CONDITIONS OF SALE
Limit of Liability
Non-transferable liability extends to the original purchaser of company’s products only. To the maximum extent permitted by law, in no event shall company be liable for any indirect, incidental, special, exemplary, or consequential damages arising out of or in connection with the use of company’s products, whether or not company has been advised of the possibility of such damages or from any communications, interactions, or meetings with the original purchaser, or other users of company’s website or products, on any theory of liability (including contract, tort, including negligence, or howsoever otherwise) arising out of, in connection with, or resulting from the use of company’s products, to an extent greater than the amount spent for purchase of products related any such claim by you, the original purchaser seeks.
Right to Terminate Registered User of Company’s Website Accounts
Being a registered user of company’s website is a privilege which is extended solely at the discretion of the company, and may be terminated at any time without cause, notification, or notification of cause.
We accept payments via Visa, MasterCard, American Express Credit and Debit cards, Apple Pay and Google Pay wallets, as well as ACH transfer from a personal or business checking accounts. Payment is accepted in US dollars only.
Prepaid Shipping. All domestic shipments will be shipped prepaid. Prepaid shipping will typically be, but shall not be limited to, either the U.S. Postal Service’s 1st Class or Priority Mail Service, UPS Ground, or FedEx Ground, with the choice of carrier being solely at the company’s discretion.
International Shipping. Customer will specify in written communication (paper or electronic) who the shipper will be, the class of service, to be used and how payment for shipping is to be made. Payment for shipping outside of the 50 United States shall be billed to a customer’s credit/debit card or direct account with the specified shipper. Customer assumes all responsibility for customs clearance as well as any applicable duties and tariffs. Customer accepts that all sales shipping internationally become final and non-refundable at the point possession of shipment passes to the shipping company.
Returns Shipping. Returns necessary due to shipping error or product defect will be shipped at company’s expense, via a call tag. Returns for reasons of the customer’s responsibility, are to be returned at customer’s expense with a return merchandise authorization #.
Delivery Dates. Such dates are always an approximation, and beyond the control of company, therefore company incurs no liability for shipper’s failure to comply with shipper’s estimate of delivery date(s) provided to the company, which company has communicated to the customer.
Ex Works Delivery Status. Unless otherwise agreed to by company and customer, all deliveries shall be considered ‘ex works’.
Collection of Sales Tax
Company will collect 8.25% sales tax for all shipments made to a location within the State of Texas, unless customer has provided company with a signed State of Texas form 01-339, available on our Literature & Forms page for those purchasing for resale or as an exempt non-profit. By purchasing company’s products, customer acknowledges and accepts all responsibility for any sales tax liability that may arise within another state jurisdiction, and agrees to indemnify company for any expenses, including legal or accounting fees, that may arise from customer’s failure to fulfill any such obligation within jurisdictions outside of the State of Texas.
Order Cancelations / Refunds / Returns
Customer Initiated Order Cancelation. Order cancellation may only be initiated by telephone contact with an employee of the company AND a company employee confirms the order has not already shipped and can be stopped, which they will confirm via email. Leaving a telephone message DOES NOT CONSTITUTE telephone contact. Only speaking with a company employee constitutes telephone contact. Order cancellation is considered to have occurred once employee of company has emailed order could and has been stopped prior to shipment. Every attempt will be made to effect such a cancellation when requested, but there is no assurance that such a stoppage will be possible, or that a company employee will be accessible by phone in time to do so, and company assumes no responsibility or liability should timely accessibility not be possible. We strongly urge all customers to check that your order is accurate before you submit it.
Company Initiated Order Cancelation. If you cannot be contacted about your order using the contact details you provided with the order after making reasonable attempts to contact you regarding any aspect of your order requiring clarification, we will cancel your order and refund money paid.
Delivery Fee Refunds. These fees will not be refunded if merchandise is returned because of change of mind or ordering incorrect item.
Returns Policy. Returns require a return merchandise authorization #. Customer may contact company via email or telephone to request a return merchandise authorization. If return is due to company error, company will pay the cost of return shipping. If reason for return is customer’s responsibility, customer will pay the cost of return shipping.
Method and Destination of Refunds. All refunds will be made via the same method of payment that paid for the purchase being refunded.
Governing Law and Jurisdiction
These term and any dispute of any sort that might arise between a customer and the company, will be interpreted in accordance with the law of and under the jurisdiction of the courts of the State of Texas and the United States of America, consistent with the Federal Arbitration Act, without regard to any conflict-of-law or other principles that provide for the application of the law of another jurisdiction.
Copyrights and Trademarks
All content of company’s website shall be considered copyrighted via specification in these terms and conditions, with the exception of that which may be copyrighted by, or be a salesmark or trademark of others. Any inclusion of the language or images that are the copyrights, salesmarks, or trademarks of others are utilized solely for informational or point of reference purposes only, and shall not be considered to be either explicit or implied endorsement of company’s products.
Posting Our Website Content to Social Media. Any content of company’s website to a third party website does not transfer any copyright, salesmark, or trademark rights from company to the aforementioned third party.
Company Posting of Reviews to Third Party Websites. Company reserves the right to repost any reviews or comments posted to company’s website to third parties’ websites without prior permission of customer posting such reviews or comments.
Posting to Company’s Pages on Third Party Websites. Company reserves the right to moderate, without notice being given, all postings to company’s pages on third party websites, and to incorporate or repost such content onto this website.