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Buying Carrying & Shipping Cases at
TERMS AND
CONDITIONS
HOW TO
ORDER:
Shipping/Receiving & Order Will Calls 7:30 AM - 3:30 PM Pacific Time Monday thru Friday. NO EXCEPTIONS.
Purchase
Orders from: STATE, FEDERAL GOVERNMENT & EDUCATIONAL INSTITUTIONS are also
welcome, please fax and mail a hard copy of your order, do not forget to include
contact names, phone & fax numbers for confirmation purposes. Please contact our
Sales Department for further details.
A sale
resulting from a quotation shall be subject to the terms and conditions stated
herein. Customer’s
purchase order is not subject to cancellation, change, reduction in amount,
suspension or deferment of deliveries except with Seller’s written consent and
upon terms that indemnify Seller against loss. A 1-1/2% per month service charge
will be added to all past due accounts. If Customer fails to make payments in
accordance with Seller’s terms then Seller may defer further shipments until
such payments are made or, at seller’s option, cancel unshipped balance of order
and seek other remedies in equity or law. PRICES:
Casefoam.com, at any time, may pass on any material cost increases to customer
on “blanket” orders. Seller shall immediately notify customer of any price
increase. Customer shall pay the new price on any parts for which it requests
release after date of notice.
RETURNS: The retail
cost of any missing components (e.g., foam inserts, accessories) will be
deducted from the refund amount. Make sure to send your item freight pre-paid
and to use the original packaging to ensure the product arrives in good
condition. All returns must be in like new condition (no scratches, dents, etc.)
Casefoam.com has the final decision whether the item(s) can be returned for full
refund based on the conditions outlined above. Product
Defects:
Defective merchandise may be returned for replacement or repairs. Please contact
our Customer Service Department at (800) 882-4730 ( USA ) or 909-613-1999 for
return authorization number (RMA) before shipping your merchandise. FedEx
First Overnight - by 8 a.m. or 8:30 a.m. next business day depending
on the destination zip code. FedEx
Priority Overnight - by 10:30 a.m. next business day FedEx
Standard Overnight - by 3 p.m. next business day FedEx
2Day - by 4:30 p.m. second business day FedEx
Express Saver - by 4:30 p.m. third business day
Delivery Failure:
Delivery dates are quoted in good faith, but are not guaranteed. We cannot
assume any risk or liability for delay or non-fulfillment of shipments due to
acts of God, war, strikes, breakdowns, fires, government orders, or other causes
beyond our control. A refund
or credit will be given only for the portion of the transportation charges
applicable to those packages in the shipment as to which there was a package
timely delivery failure by FedEx or UPS.
International Orders are always welcome and our Customer Service Department will
gladly help you find the most economical way to ship your order. Please
remember: FedEx, UPS and other carriers will not refund or give credit of any
kind as a result of, any loss, damage, delays, or failure to deliver the
merchandise caused by or resulting in whole or in part from: Perils of
the air, public enemies, criminal acts of any person(s) or entities, including,
but not limited to, acts of terrorism, public authorities acting with actual or
apparent authority, authority of law, local disputes, civil commotion, hazards
incident to a state of war, local or national weather conditions, national or
local disruptions in air or ground transportation networks (as determined solely
by us), strikes or anticipated strikes (of any entity, including, but not
limited to, other carriers, vendors or suppliers), natural disasters
(earthquakes, floods and hurricanes are examples of natural disasters),
conditions that present a danger to their personnel, and disruption or failure
of communication and information systems (including, but not limited to, our
systems). Damage or
loss of articles and the recipient accepts the shipment without noting the
damage on the shipper’s delivery record. The
buyer's failure to provide accurate delivery address information. Shipments
released without obtaining a signature if a signature release is on file. The
shipment was undeliverable or returned or the shipment was delayed due to an
incorrect address or ZIP code or the unavailability or refusal of an appropriate
person to accept delivery or sign for the package. PRODUCT
GUARANTEE:
PROPRIETARY DATA:
INSPECTION: The
advice, assistance and design of custom cases by our employees and agents are
based upon information you provide. Buyer has the final decision of
merchantability and fitness of our products for his particular purposes. We will
not accept any liability in the event of a damaged shipment.
EXCLUSIVE REMEDY:
YOU AGREE THAT OUR ENTIRE LIABILITY, AND YOUR EXCLUSIVE REMEDY, IN LAW, IN
EQUITY, OR OTHERWISE, WITH RESPECT TO ANY Casefoam.com' PRODUCT OR
SERVICE(S) PROVIDED UNDER THIS AGREEMENT AND/OR FOR ANY BREACH OF THIS AGREEMENT
IS SOLELY LIMITED TO THE AMOUNT YOU PAID FOR SUCH PRODUCTS OR SERVICE(S) DURING
THE TERM OF THIS AGREEMENT. IN NO EVENT SHALL Casefoam.com, ITS SUPPLIERS
AND CONTRACTORS (INCLUDING THIRD PARTIES PROVIDING PRODUCTS OR SERVICES AS PART
OF THE SERVICE FROM Casefoam.com) BE LIABLE FOR ANY INDIRECT, INCIDENTAL,
SPECIAL OR CONSEQUENTIAL DAMAGES EVEN IF Casefoam.com HAS BEEN ADVISED OF
THE POSSIBILITY OF SUCH DAMAGES. TO THE EXTENT THAT A STATE DOES NOT PERMIT THE
EXCLUSION OR LIMITATION OF LIABILITY AS SET FORTH HEREIN Casefoam.com's
LIABILITY IS LIMITED TO THE EXTENT PERMITTED BY LAW IN SUCH STATES.
Casefoam.com, its suppliers and contractors will not be liable for any indirect,
punitive, incidental or consequential damages, loss of income or profit, or
special damages, regardless of whether a claim for such damages is based on
warranty, contract, negligence, product delays, misdelivery, non-delivery,
failure to provide information or otherwise, loss or liability resulting from
acts of god; loss or liability resulting from errors, omissions, or
misstatements in any and all information of our product(s) or service(s)
provided under this agreement; loss or liability as a result of the application
of our dispute policy.
MODIFICATIONS TO OUR TERMS & CONDITIONS:
Except as otherwise provided in this Agreement, you agree, during the term of
this Agreement, that Casefoam.com reserves the right to unilaterally modify,
amend, change, including, but not limited to, prices, services, features of
service, and these Terms and Conditions without notice. Any such revision or
change will be binding and effective after posting of the revised Terms and
Conditions or change to the service(s) on Casefoam.com' Web site, or upon
notification to you by e-mail or United States mail. You agree to periodically
review our Web site, including the current version of these Terms and Conditions
available on our Web site, to be aware of any such revisions. By continuing to
purchase Casefoam.com products and services after any revision to this Agreement
or change in service(s), you agree to abide by and be bound by any such
revisions or changes. We are not bound by nor should you rely on any
representation by (i) any agent, representative or employee of any third party
that you may use to apply for our services; or in (ii) information posted on our
Web site of a general informational nature. No employee, contractor, agent or
representative of Casefoam.com is authorized to alter or amend the terms and
conditions of this Agreement.
SEVERABILITY:
You agree that the terms of this Agreement are severable. If any term or
provision is declared invalid or unenforceable, in whole or in part, that term
or provision will not affect the remainder of this Agreement; this Agreement
will be deemed amended to the extent necessary to make this Agreement
enforceable, valid and, to the maximum extent possible consistent with
applicable law, consistent with the original intentions of the parties; and the
remaining terms and provisions will remain in full force and effect. You and
Casefoam.com agree that any disputes related to the products and services
provided under this Terms and Conditions shall be governed in all respects by
and construed in accordance with the laws of the State of California , United
States of America , excluding its conflict of laws rules. We each submit to
exclusive subject matter jurisdiction, personal jurisdiction and venue of the
Superior Court of California, County of San Bernardino . If there is no
jurisdiction in the Superior Court of California, County of San Bernardino ,
then jurisdiction shall be in the United States District Court for the Southern
District of California. The
parties hereby waive any right to jury trial: WAIVER: No waiver of any provision of this Agreement shall be effective unless it is in writing and signed by an authorized representative of Casefoam.com. The remedies of Casefoam.com under this Agreement shall be cumulative and not alternative, and the election of one remedy for a breach shall not preclude pursuit of other remedies. The failure of a party, at any time or from time to time, to require performance of any obligations of the other party hereunder shall not affect its right to enforce any provision of this Agreement at a subsequent time, and the waiver of any rights arising out of any breach shall not be construed as a waiver of any rights arising out of any prior or subsequent breach. |
