Last modified: June 24, 2016
Your submission of a purchase request is an offer by you to purchase the items selected at the prices indicated immediately prior to your submission of the request. This offer remains open until we email you to confirm that it has been accepted or that it has not been accepted (e.g., because an item has become unavailable).
Pricing errors may occur on the Website. We reserve the right to cancel any orders containing pricing errors, with no further obligations to you, even after your receipt of the order confirmation mentioned above or a shipping notice. We may, at our discretion, either contact you for instructions or cancel your order and notify you of the cancellation.
Items sold on the Website may be subject to tax. The amount of tax charged on your order will depend on various factors, including the items purchased and the shipment destination. Prior to submitting your purchase request, you may see an estimate of the amount of tax to be collected. Notwithstanding any indicated estimate, we reserve the right to collect the actual amount of tax that we are required to collect.
Title and Risk of Loss
Risk of loss and title of items purchased on the Website passes to you upon delivery of the items to the common carrier.
Orders are typically processed Monday through Friday. Any order placed after 12pm U.S. Pacific Time on Friday may be processed the following week. Please note, we do not ship on Saturdays, Sundays or major Holidays. Items ordered together are not necessarily shipped together (due to size and weight), and may be received separately. Shipping and handling fees are non-refundable. All orders are shipped by UPS. Please see UPS terms and conditions for their polices.
No Returns; Order Cancellation
All sales are final. No returns will be accepted after products are shipped.
In the event that you request to cancel an order placed with us, and we are able to process your request prior to shipment, we may cancel your order at our discretion.
LIMITED PRODUCT WARRANTY
The Company’s products, including FloodAvert, may be used in situations involving flooding or other man-made or natural disasters. Prevailing conditions in such situations are inherently unpredictable, and likely to involve damage to persons and/or property. While certain of the Company’s products may, in some circumstances and used properly, assist in mitigating such conditions, in no way can or does the Company suggest or imply that the products will prevent any or all damage from occurring during flood conditions or otherwise. Damage can, and likely will, occur in circumstances in which this product is used. Therefore, the limitations on warranty and liabilities described herein are critical terms to this purchase agreement. If you do not accept them, you cannot purchase the product.
For products manufactured by the Company, the Company warrants that for a period of one year from the date of shipment of the goods, the goods will materially conform to the Company’s published specifications in effect as of the date of shipment and will be free from material defects in material and workmanship.
EXCEPT FOR THE WARRANTY SET FORTH HEREIN, THE COMPANY MAKES NO WARRANTY WHATSOEVER WITH RESPECT TO THE GOODS, INCLUDING ANY (a) WARRANTY OF MERCHANTABILITY; (b) WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE; (c) WARRANTY OF TITLE; OR (d) WARRANTY AGAINST INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY; WHETHER EXPRESS OR IMPLIED BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE OR OTHERWISE.
The Company shall not be liable for a breach of the warranty set forth herein unless: (i) the buyer gives written notice of the defect, reasonably described, to the Company within 14 days of the time when the buyer first discovers or ought to have discovered the defect; (ii) the Company is given a reasonable opportunity after receiving the notice to examine the goods and the buyer (if requested to do so by the Company) returns the goods to the Company’s place of business at the Company’s cost for the examination to take place there; and (iii) the Company reasonably verifies the buyer’s claim that the Goods are defective. The Company shall not be liable for a breach of the warranty set forth herein if: (i) the buyer make any further use of the goods after giving such notice; (ii) the defect arises because the buyer failed to follow the Company’s oral or written instructions as to the storage, installation, commissioning, use or maintenance of the goods; or (iii) the buyer alters or repairs the goods without the prior written consent of the Company.
With respect to any goods subject of a warranty claim during the warranty period, the Company shall, in its sole discretion, either: (i) repair or replace the defective goods or (ii) credit or refund the price of the defective goods at the pro rata purchase price provided that, if the Company so requests, the buyer shall, at the Company’s expense, return the defective goods to the Company.
THE REMEDIES SET FORTH HEREIN SHALL BE YOUR SOLE AND EXCLUSIVE REMEDY AND THE COMPANY’S ENTIRE LIABILITY FOR ANY BREACH OF THE LIMITED WARRANTY SET FORTH HEREIN OR OTHERWISE IMPOSED ON THE COMPANY.
LIMITATION OF LIABILITY
IN NO EVENT SHALL THE COMPANY BE LIABLE TO BUYER OR ANY THIRD PARTY FOR ANY DAMAGES, DIMINUTION IN VALUE, LOSS OF USE, REVENUE OR PROFIT, OR FOR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES WHETHER ARISING OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE AND WHETHER OR NOT THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND NOTWITHSTANDING THE FAILURE OF ANY AGREED OR OTHER REMEDY OF ITS ESSENTIAL PURPOSE.
IN NO EVENT SHALL THE COMPANY’S AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT OR ANY SALE OF THE COMPANY’S PRODUCTS, WHETHER ARISING OUT OF OR RELATED TO BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EXCEED THE TOTAL OF THE AMOUNTS PAID TO THE COMPANY FOR THE GOODS SOLD.