PLEASE READ THIS DOCUMENT CAREFULLY. IT CONTAINS IMPORTANT INFORMATION ABOUT YOUR RIGHTS AND OBLIGATIONS AS WELL AS LIMITATIONS AND EXCLUSIONS THAT APPLY TO YOU.
WOOD-MIZER, LLC LIMITATION AND DISCLAIMER OF WARRANIES AND SALES TERMS AND CONDITIONS FOR PRODUCTS ORDERED ON INVOICE
THIS AGREEMENT CONTAINS THE LIMITATIONS AND DISCLAIMER OF WARRANTIES AND SALES TERMS AND CONDITIONS THAT APPLY TO THE WOOD-MIZER, LLC PRODUCTS AND ACCESSORIES AS LISTED ON YOUR INVOICE DIRECTLY FROM WOOD-MIZER, LLC, HAVING OFFICES AT 8180 WEST 10TH STREET, INDIANAPOLIS, INDIANA 46214, OR ONE OF ITS AUTHORIZED BRANCHES (WOOD-MIZER, LLC AND THE BRANCHES ARE HEREIN COLLECTIVELY REFERRED TO THE “COMPANY”) OR AUTHORIZED RESELLERS (INDIVIDUALLY A “RESELLER”).
THE TERM “PRODUCT” MEANS THE COMPANY PRODUCT(S) AND ACCESSORIES DESCRIBED IN YOUR INVOICE. PLEASE BE CERTAIN TO READ THE INDIVIDUAL WARRANTIES FOR EACH PRODUCT AND ASSESSORY CONTAINED IN THE SHIPPING CARTONS AND WHICH CAN ALSO BE FOUND AT COMPANY’S WEBSITE LOCATED AT: WWW.WOODMIZER.COM/US/WARRANTY-RETURN-POLICY
YOU AGREE THAT THIS AGREEMENT APPLIES TO YOUR PURCHASE OF THE PRODUCT. THIS DOCUMENT CONTAINS A DISPUTE RESOLUTION CLAUSE. PLEASE SEE SECTION 6 BELOW.
1 . General Terms of Sale
(a) Your total price for the Product will be stated on your invoice. Prices advertised are subject to change without notice or obligation prior to acceptance of your order. Prices advertised do not include shipping and handling, or applicable sales taxes, and these will be added to the price you pay. Any existing or new taxes or fees charged by any governmental authority will be added to your invoice.
(b) The Company will arrange to ship the Product to your address or you may mutually agree with the Company or a Reseller to designate the Product for pickup at the location as set forth on your Invoice. The title to the Product passes to you upon delivery to the carrier or your pickup and risk of loss passes to you upon delivery to the carrier or if you pick up the Product, upon pickup. The costs of shipping and handling will be shown on your invoice. The Company will inform you of the estimated shipment dates, but it will not be responsible for delays in delivery due to events beyond its control, including shortage of materials, labor strikes, transportation failures, or acts of God.
(c) You must examine the Product when you receive them. If any item is damaged or missing, you must notify the Company within five (5) days from the date of delivery.
2. Return Policy – 30-Day Money-Back Guarantee
(a) You may return most new equipment within thirty (30) days after you receive your equipment. Parts and blades may be returned up to 180 days from date of purchase, except for used blades which cannot be returned, by notifying the Company, returning the Product to the Company (shipping prepaid by you) and receive a full refund of your purchase price (less used blades, damaged parts, delivery fees and finance charges).
(b) Custom length blades can be returned if ordered wrong by customer. They can be reworked at the customer’s expense of $10.00 per blade if ordered length is too long. If ordered length is too short, $10.00 per blade and 10% restocking fee applies. Bands shorter than 144” for 11/4” or 158” on 11/2” cannot be returned. Standard length blades ordered wrong by the customer are returned @ 15% restocking fee.
(c) Parts being returned for stock must be in new, sellable condition and purchased by original purchaser. If the parts are not deemed re-sellable then you will be charged for the part and it will be return to you at your expense. You are responsible for proper packaging and damage to part.
(d) The Company will refund the original purchase price of the Product, and related sales taxes. SHIPPING & HANDLING, DELIVERY AND SIMILAR FEES (INCLUDING RELATED SALES TAXES) ARE NOT REFUNDABLE. YOU ARE RESPONSIBLE FOR AND BEAR THE RISK OF LOSS FOR ANY PRODUCT UNTIL THE COMPANY RECEIVES THEM. YOU WILL BE CHARGED SHIPPING AND HANDLING EXCEPT FOR WARRANTY ITEMS AND FOR ERRORS IN ORDER ENTRY CAUSED BY THE COMPANY. NOTWITHSTANDING THE FOREGOING, WARRANTY ITEMS DEEMED TO HEAVY AND REQUIRING A COMMON CARRIER WILL BE AT YOUR EXPENSE. YOU PAY ALL SHIPPING CHARGES FOR ITEMS ORDERED BY YOU IN ERROR.
(e) Returned Products and Accessories must be in the same condition as you received them. THIS RETURN POLICY IS NOT A WARRANTY. NOTE: The Company will not accept for return any products you purchased from a Reseller. Additional restrictions may apply. Please visit our web site for more information.
3. Product and Accessors Limited Warranty; Exclusions; Disclaimer of Warranties
(a) The Product warranties shall be governed by the Company’s warranty policies in effect on the date of shipment, including the exceptions and conditions included therein (the “Warranty Policy”). A copy of the Company’s current warranties and warranty policies are available at the Company’s web site at WWW.WOODMIZER.COM/US/WARRANTY-RETURN-POLICY and as of the date of shipping in the shipping containers for the Product. The Company shall have no obligation to you with respect to providing any warranty on any Product for which the Company has not received full payment from you. THE COMPANY’S WARRANTIES MAY BE TRANSFERRED, ASSIGNED OR PASSED THROUGH BY YOU. No representation or other affirmation of fact by representatives of the Company, whether verbal or in writing, including photographs, brochures, samples, models, or other sales aids, shall constitute a warranty or other basis for any legal action against the Company.
(b) THE LIMITED WARRANTIES SET FORTH IN THE WARRANTY POLICY IS THE ONLY WARRANTY APPLICABLE TO THE PRODUCT. ANY IMPLIED WARRANTY IS LIMITED IN DURATION TO THE LIMITED WARRANTY PERIOD DESCRIBED IN WARRANTY POLICY. NO ORAL OR WRITTEN INFORMATION (INCLUDING BUT NOT LIMITED TO THE LIMITED MONEY BACK GUARANTEE), OR ADVICE GIVEN BY THE COMPANY, ITS AGENTS OR EMPLOYEES SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF THIS LIMITED WARRANTY.
(c) The Company undertakes no responsibility for the quality of the Product or that the Product will be fit for any particular purpose for which you may be buying the Product, except as otherwise provided in this Agreement, and the Company disclaims all other warranties and conditions, express or implied. The right to return defective Product as described above, shall constitute the Company’s sole liability and your exclusive remedy in connection with any claim of any kind relating to the quality, condition or performance of any Product, whether such claim is based upon principles of contract, warranty, negligence or other tort, breach of any statutory duty, principles of indemnity or contribution, or otherwise.
(d) THE COMPANY (INCLUDING ITS SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS OR SUBCONTRACTORS, ALL OF WHICH ARE REFERRED TO HEREIN COLLECTIVELY AS THE “COMPANY AFFILIATES”) SHALL NOT BE LIABLE UNDER ANY CIRCUMSTANCE TO YOU OR ANY OTHER PARTY FOR ANY SPECIAL, CONSEQUENTIAL, INCIDENTAL OR EXEMPLARY DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE PRODUCT, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOST PROFITS, LOSS OF THE GOODS OR ANY ASSOCIATED EQUIPMENT, COST OF CAPITAL, COST OF SUBSTITUTE OR REPLACEMENT EQUIPMENT, FACILITIES OR SERVICES, DOWN TIME, YOUR TIME, LOST DATA, INJURY TO PROPERTY OR ANY DAMAGES OR SUMS PAID BY YOU TO THIRD PARTIES, EVEN IF THE COMPANY OR ANY OF THE COMPANY AFFILIATES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY WHETHER ANY CLAIM IS BASED UPON PRINCIPLES OF CONTRACT, WARRANTY, NEGLIGENCE, OR OTHER TORT, BREACH OF ANY STATUTORY DUTY, PRINCIPLES OF INDEMNITY OR CONTRIBUTION, THE FAILURE OF ANY LIMITED OR EXCLUSIVE REMEDY TO ACHIEVE ITS ESSENTIAL PURPOSE, OR OTHERWISE.
(e) IN NO EVENT SHALL THE COMPANY OR ANY COMPANY AFFILIATE BE LIABLE TO YOU OR ANY OTHER PARTY FOR LOSS, DAMAGE, OR INJURY OF ANY KIND OR NATURE ARISING OUT OF OR IN CONNECTION WITH THESE TERMS AND CONDITIONS IN EXCESS OF THE NET PURCHASE PRICE OF THE PRODUCT ACTUALLY DELIVERED TO AND PAID FOR BY YOU HEREUNDER.
(f) THE COMPANY DISCLAIMS ANY WARRANTIES OF NON-INFRINGEMENT WITH RESPECT TO THE PRODUCT AND NONE OF THE COMPANY OR ANY COMPANY AFFILIATE SHALL HAVE ANY DUTY TO DEFEND, INDEMNIFY, OR HOLD HARMLESS YOU FROM AND AGAINST ANY OR ALL DAMAGES OR COSTS INCURRED BY YOU ARISING FROM THE INFRINGEMENT OF PATENTS OR TRADEMARKS OR VIOLATION OF COPYRIGHTS BY ANY OF THE PRODUCT.
(g) THE COMPANY DOES NOT WARRANT THAT ITS EQUIPEMENT MEETS OR COMPLIES WITH THE REQUIREMENTS OF ANY PARTICULAR SAFETY CODE OR GOVERNMENTAL REQUIREMENTS.
(h) THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS OR THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.
(i) THE COMPANY RESERVES THE RIGHT TO CHANGE THE DESIGN OF ITS PRODUCTS FROM TIME TO TIME WITHOUT NOTICE AND WITHOUT OBLIGATION TO MAKE CORRESPONDING CHANGES IN OR TO ITS PRODUCTS PREVIOUSLY MANUFACTURED.
5. Technical Support
The Company will provide technical support for Products at no additional charge for ____________ days from the date of shipment. For Product, the scope of technical support consists of ________________________________________ (Describe services). Technical support for issues beyond the scope of this basic technical support may be available. The Company provides technical support via on-line, telephone and other methods. The Company may change the means through which it provides technical support at any time. THE COMPANY DOES NOT GUARANTEE ISSUE OR ERROR RESOLUTION FOR ALL PROBLEMS YOU EXPERIENCE WITH A PRODUCT AND ACCESSORIES.
6. Dispute Resolution
(a) You agree that any dispute between you and the Company will be resolved exclusively and finally by arbitration administered by the American Arbitration Association (AAA) and conducted under its rules, except as otherwise provided below. The arbitration will be conducted before a single arbitrator, and will be limited solely to the dispute between you and the Company. The arbitration shall be held at any reasonable location near your place of business by submission of documents, by telephone, on-line or in person. Any decision rendered in such arbitration proceedings will be final and binding on each of the parties, and judgment may be entered thereon in any court of competent jurisdiction. Should either party bring a dispute in a forum other than AAA, the arbitrator may award the other party its reasonable costs and expenses, including attorneys’ fees and disbursements, incurred in staying or dismissing such other proceedings or in otherwise enforcing compliance with this dispute resolution provision.
(b) YOU UNDERSTAND THAT YOU WOULD HAVE HAD A RIGHT TO LITIGATE DISPUTES THROUGH A COURT, AND THAT YOU HAVE EXPRESSLY AND KNOWINGLY WAIVED THAT RIGHT AND AGREED TO RESOLVE ANY DISPUTES THROUGH BINDING ARBITRATION.
(c) This arbitration agreement is made pursuant to a transaction involving interstate commerce, and shall be governed by the Federal Arbitration Act (9 U.S.C.A. Section 1 et seq.).
(d) For the purposes of this section, the term “dispute” means any dispute, controversy, or claim arising out of or relating to: (1) this Agreement, its interpretation, or the breach, termination, applicability or validity thereof, or (2) the purchase or use of any Product, accessory, service or otherwise from the Company; the term “Company” means the Company, its subsidiaries, affiliates, directors, officers, employees, beneficiaries, agents or assigns; the term “you” means you, the original purchaser, your agents, beneficiaries, or heirs.
This Agreement is governed by the laws of the State of Indiana, without giving effect to conflicts of law rules. You may not assign this Agreement without the Company’s prior written consent. The Company and its affiliates are intended beneficiaries of this Agreement. In case of any inconsistency between this Agreement and any other agreement, included with or relating to your Product, this Agreement shall take precedence. If any provision contained in this Agreement is or becomes invalid, illegal, or unenforceable in whole or in part, such invalidity, illegality, or unenforceability shall not affect the remaining provisions and portions of this Agreement.
AGREEMENT BETWEEN USER AND Wood-Mizer
The Wood-Mizer Web Site is comprised of various Web pages operated by Wood-Mizer.
The Wood-Mizer Web Site is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein. Your use of the Wood-Mizer Web Site constitutes your agreement to all such terms, conditions, and notices.
Wood-Mizer reserves the right to change the terms, conditions, and notices under which the Wood-Mizer Web Site is offered, including but not limited to the charges associated with the use of the Wood-Mizer Web Site.
LINKS TO THIRD PARTY SITES
The Wood-Mizer Web Site may contain links to other Web Sites ("Linked Sites"). The Linked Sites are not under the control of Wood-Mizer and Wood-Mizer is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Wood-Mizer is not responsible for webcasting or any other form of transmission received from any Linked Site. Wood-Mizer is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Wood-Mizer of the site or any association with its operators.
NO UNLAWFUL OR PROHIBITED USE
As a condition of your use of the Wood-Mizer Web Site, you warrant to Wood-Mizer that you will not use the Wood-Mizer Web Site for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the Wood-Mizer Web Site in any manner which could damage, disable, overburden, or impair the Wood-Mizer Web Site or interfere with any other party's use and enjoyment of the Wood-Mizer Web Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Wood-Mizer Web Sites.
USE OF COMMUNICATION SERVICES
The Wood-Mizer Web Site may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, "Communication Services"), you agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service. By way of example, and not as a limitation, you agree that when using a Communication Service, you will not:
- Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
- Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information.
- Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents.
- Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer.
- Advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages.
- Conduct or forward surveys, contests, pyramid schemes or chain letters.
- Download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner.
- Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.
- Restrict or inhibit any other user from using and enjoying the Communication Services.
- Violate any code of conduct or other guidelines which may be applicable for any particular Communication Service.
- Harvest or otherwise collect information about others, including e-mail addresses, without their consent.
- Violate any applicable laws or regulations.
Wood-Mizer has no obligation to monitor the Communication Services. However, Wood-Mizer reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. Wood-Mizer reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.
Wood-Mizer reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Wood-Mizer's sole discretion.
Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. Wood-Mizer does not control or endorse the content, messages or information found in any Communication Service and, therefore, Wood-Mizer specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized Wood-Mizer spokespersons, and their views do not necessarily reflect those of Wood-Mizer.
Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you download the materials.
MATERIALS PROVIDED TO Wood-Mizer OR POSTED AT ANY Wood-Mizer WEB SITE
Wood-Mizer does not claim ownership of the materials you provide to Wood-Mizer (including feedback and suggestions) or post, upload, input or submit to any Wood-Mizer Web Site or its associated services (collectively "Submissions"). However, by posting, uploading, inputting, providing or submitting your Submission you are granting Wood-Mizer, its affiliated companies and necessary sublicensees permission to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission.
No compensation will be paid with respect to the use of your Submission, as provided herein. Wood-Mizer is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in Wood-Mizer's sole discretion.
By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE Wood-Mizer WEB SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. Wood-Mizer AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE Wood-Mizer WEB SITE AT ANY TIME. ADVICE RECEIVED VIA THE Wood-Mizer WEB SITE SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION.
Wood-Mizer AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE Wood-Mizer WEB SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. Wood-Mizer AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
SERVICE CONTACT : firstname.lastname@example.org
Wood-Mizer reserves the right, in its sole discretion, to terminate your access to the Wood-Mizer Web Site and the related services or any portion thereof at any time, without notice. GENERAL To the maximum extent permitted by law, this agreement is governed by the laws of the State of Washington, U.S.A. and you hereby consent to the exclusive jurisdiction and venue of courts in San Mateo County, California, U.S.A. in all disputes arising out of or relating to the use of the Wood-Mizer Web Site. Use of the Wood-Mizer Web Site is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph. You agree that no joint venture, partnership, employment, or agency relationship exists between you and Wood-Mizer as a result of this agreement or use of the Wood-Mizer Web Site. Wood-Mizer's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Wood-Mizer's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Wood-Mizer Web Site or information provided to or gathered by Wood-Mizer with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Wood-Mizer with respect to the Wood-Mizer Web Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Wood-Mizer with respect to the Wood-Mizer Web Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent an d subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be drawn up in English.
COPYRIGHT AND TRADEMARK NOTICES:
All contents of the Wood-Mizer Web Site are: Copyright 2014 by Wood-Mizer LLC and/or its suppliers. All rights reserved.
The names of actual companies and products mentioned herein may be the trademarks of their respective owners.
The example companies, organizations, products, people and events depicted herein are fictitious. No association with any real company, organization, product, person, or event is intended or should be inferred.
Any rights not expressly granted herein are reserved.
NOTICES AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT
Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement under United States copyright law should be sent to Service Provider's Designated Agent. ALL INQUIRIES NOT RELEVANT TO THE FOLLOWING PROCEDURE WILL RECEIVE NO RESPONSE. See Notice and Procedure for Making Claims of Copyright Infringement.