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Sanford and Son? Services Inc Terms and Conditions of
Use
PLEASE READ THESE TERMS AND CONDITIONS OF USE ("USER AGREEMENT") VERY
CAREFULLY.
TERMS AND CONDITION
OF SALE
TERMS AND CONDITION OF USE
BY VISITING, BROWSING, SHOPPING, ACCESSING OR
OTHERWISE USING THIS WEB SITE (THE "SITE") OPERATED BY Sanford and Son? Services Inc YOU AGREE
TO BE BOUND BY THESE TERMS AND CONDITIONS.
Important Information About This Legal
Contract
You agree to this User Agreement, and
all of its terms and conditions, by visiting, browsing, shopping, accessing or
otherwise using the Site. These terms and conditions are subject to change
without prior notice at any time, in Sanford and Son? Services Inc's sole discretion. By
visiting, browsing, shopping, accessing or otherwise using the Site after a
change has been posted to the Site, the Customer accepts that change. Customers
should check this User Agreement and the Privacy Pledge frequently
Acceptance of Contract Terms
This User Agreement, and all of its terms and conditions,
constitute a legal contract between you and Sanford and Son? Services Inc (References to "you"
or "your" shall relate to a customer of Sanford and Son? Services Inc or other party that
visits, browses, shops, accesses or otherwise uses the Site (the "Customer");
references to "Sanford and Son? Services Inc" shall relate to Sanford and Son? Services Inc and its affiliates.)
By visiting, browsing, shopping, accessing or otherwise using this site
("Site"), you acknowledge that you have read, understood, and agree to be bound
by this User Agreement and comply with all applicable laws and regulations,
including U.S. export and re-export control laws and regulations. If you do not
agree to this User Agreement, as it may be changed by Sanford and Son? Services Inc from time to
time, do not use this Site. The material provided on this Site is protected by
law, including, but not limited to, United States copyright law and
international treaties. This Site is controlled and operated by Sanford and Son? Services Inc
from its offices within the United States. Sanford and Son? Services Inc makes no representation
that materials in the Site are appropriate or available for use in other
locations, and access to them from territories where their contents are illegal
is not authorized. Those who choose to access this Site from other locations do
so on their own initiative and are responsible for compliance with applicable
local laws.
Any claim relating to, and the use of, this Site and the
materials contained herein is governed by the laws of the state of OH
without regard to conflict of law rules. You consent to jurisdiction of the
federal and state courts located in DELAWARE County, OH to hear any such
claims.
Access, Interference and Linking
Sanford and Son? Services Inc grants you a limited license to access and make
personal use of the Site and not to download (other than page caching) or modify
it, or any portion of it, except as provided below under "Use Restrictions," or
with express written consent of Sanford and Son? Services Inc.
The following activity on the
Site is expressly prohibited: Any non-personal or commercial use of any robot,
spider, other automatic device, or manual process to monitor or copy portions of
the Site or the content contained herein without prior written permission by
Sanford and Son? Services Inc; collection or use of any product listings, descriptions, or
prices, from the Site for the benefit of another merchant that supplies products
competitive with or comparable to those offered on the Site; and, Any use of,
visits to, or other action that imposes an unreasonable or disproportionately
large load on the Site, or otherwise interferes with its proper and timely
functioning.
Any unauthorized use terminates the license granted by
Sanford and Son? Services Inc.
You are granted a limited, revocable, and nonexclusive right
to create a hyperlink to the home page of the Site so long as the link does not
portray Sanford and Son? Services Inc, its affiliates, or their products or services in a false,
misleading, derogatory, or otherwise offensive matter. You may not use any
Sanford and Son? Services Inc logo or other proprietary graphic or trademark as part of the link
without express written permission.
Sanford and Son? Services Inc does not review or control
third-party sites that link to or from the Site, and is not responsible for the
contents of any third-party sites linked to or from the Site.
Use Restrictions
The copyright in all material provided on this Site is held by
Sanford and Son? Services Inc or by the original creator of the material. Except as stated
herein, none of the material may be copied, reproduced, distributed,
republished, downloaded, displayed, posted or transmitted in any form or by any
means, including, but not limited to, electronic, mechanical, photocopying,
recording, or otherwise, without the prior written permission of Sanford and Son? Services Inc
or the copyright owner. Permission is granted to display, copy, distribute and
download the materials on this Site for personal, non-commercial use only,
provided you do not modify the materials and that you retain all copyright and
other proprietary notices contained in the materials. This permission terminates
automatically if you breach any of these terms or conditions. Upon termination,
you must immediately destroy any downloaded or printed materials. You also may
not, without Sanford and Son? Services Inc 's prior written permission, "mirror" any material
contained on this Site on any other server. Any unauthorized use of any material
contained on this Site may violate copyright laws, trademark laws, the laws of
privacy and publicity, and communications regulations and statutes.
All
trademarks and registered trademarks are the sole property of their respective
owners. Photographs courtesy of respective manufacturers. Sanford and Son? Services Inc and the
Circle of Service logo are trademarks of Sanford and Son? Services Inc Copyright © 2002
Sanford and Son? Services Inc.
Microsoft and the Passport Logo are either registered
trademarks or trademarks of Microsoft Corporation in the United States and/or
other countries and are used under license from Microsoft.
Limitation of Liability
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO,
NEGLIGENCE, SHALL Sanford and Son? Services Inc BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL,
INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOSS OF DATA
OR PROFIT, ARISING OUT OF THE USE, OR THE INABILITY TO USE, THE MATERIALS ON
THIS SITE, EVEN IF Sanford and Son? Services Inc OR A Sanford and Son? Services Inc AUTHORIZED REPRESENTATIVE
HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOUR USE OF MATERIALS
FROM THIS SITE RESULTS IN THE NEED FOR SERVICING, REPAIR OR CORRECTION OF
EQUIPMENT OR DATA, YOU ASSUME ANY COSTS THEREOF. SOME STATES DO NOT ALLOW THE
EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE
LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. Springs, garage door springs, are
very dangerous. Garage door springs can cause severe injury, severe damage,
and/or death. By purchasing springs,torsion or extension sold by Sanford and
Son? Services Inc., THE BUYER ASSUMES ALL LIABILITY ASSOCIATED WITH THE
INSTALLATION,REPAIR, ADJUSTMENT OF THE SPRINGS PURCHASED BY THE BUYER. Sanford
and Son? is not responsible for ANY damage, ANY injury, ANY death related to the
installation of the springs purchased by Sanford and Son? Services
Inc.
Arbitration
By
accessing the Site and using the information therein available and/or by
purchasing any products or services made available through this Site, you agree
with Sanford and Son? Services Inc, its service providers, agents, employees, successors,
assigns, affiliates, parents, subsidiaries and any content provider or offer or
of goods or services on this Site or through any other associated activity, that
ANY CLAIM OR DISPUTE UNDER THE USER AGREEMENT AND ANY CLAIM OR DISPUTE THAT YOU
MAY HAVE AGAINST ANY OF THESE PERSONS OR ENTITIES, WHETHER RELATED TO THE
DESCRIBED TRANSACTIONS OR OTHERWISE, INCLUDING THE ENFORCEABILITY OF THIS
ARBITRATION AGREEMENT, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING
ARBITRATION under the Code of Procedure of ARBITRATION-FORUM.COM (the "Code") in
effect at the time the claim is filed. The Code is available at
http://www.arbitration-forum.com or can be obtained by calling 1-800-753-9448.
Notwithstanding any choice of law provision included in this User Agreement,
this arbitration agreement is subject to the Federal Arbitration Act (9 U.S.C.
§§ 1-16) and the New York Convention on the Enforcement of Arbitration Awards (9
U.S.C. §§ 201-208 or as codified in the jurisdiction where enforcement of the
award is sought). Hearings shall be held as provided by the Code and if any
In-person Hearing is required, it shall be held in Sunbury, OH. Each party
shall bear its own cost of any legal representation, discovery, or research
required to complete arbitration.
Privacy
Please
review our Privacy Notice, which also governs your visit to this Site.
You
are responsible for maintaining the confidentiality of your account and password
and for restricting access to your computer, and you agree to accept
responsibility for all activities that occur under your account or password. If
you are under 18, you may use the Site only with a parent or guardian.
Sanford and Son? Services Inc reserves the right to refuse service, terminate accounts, remove
or edit content, or cancel orders in its sole discretion.
Communications to Sanford and Son? Services Inc
Any communication or material you transmit to the Site by
electronic mail or otherwise, including any data, questions, comments,
suggestions, or the like is, and will be treated as, non-confidential and
non-proprietary. Anything you transmit or post may be used by Sanford and Son? Services Inc for
any purpose, including but not limited to reproduction, disclosure,
transmission, publication, broadcast, and posting. Furthermore, Sanford and Son? Services Inc is
free to use any ideas, concepts, know-how, or techniques contained in any
communication you send to Sanford and Son? Services Inc or the Site for any purpose whatsoever,
including but not limited to developing, manufacturing and marketing products
using such information.
Copyright Complaints
If you believe that your work has been copied in a way that
constitutes copyright infringement, please
contact:
Sanford and Son? Services Inc
4145 State Route 61
Sunbury OH, 43074
Phone:
8882645034
Fax: 7409360039
Email: customerservice@sanfordandsondoors.com
Disagreement with These Terms and
Conditions
If you disagree with any of the
terms and conditions of this User Agreement, please do not visit, browse, shop,
access or otherwise use this Site.
Sanford and Son? Services Inc Terms
and Conditions of Sale
PLEASE READ THESE TERMS AND CONDITIONS OF SALE
("SALE AGREEMENT") VERY CAREFULLY.
THE CUSTOMER AGREES TO BE BOUND BY THIS SALE
AGREEMENT AND ACCEPTS ITS TERMS AND CONDITIONS (UNLESS THE CUSTOMER HAS SIGNED A
SEPARATE FORMAL PURCHASE AGREEMENT WITH Sanford and Son? Services Inc. IN WHICH CASE THE
SEPARATE AGREEMENT SHALL GOVERN).
Important Information About This Legal
Contract
This Sale Agreement is a legal
contract between the Customer and Sanford and Son? Services Inc. The Customer accepts this Sale
Agreement by making a purchase, placing an order, or otherwise shopping on the
Site. (References to "you" or "your" shall relate to the Customer; references to
"Sanford and Son? Services Inc" shall relate to Sanford and Son? Services Inc and its affiliates.) The terms and
conditions of this Sale Agreement are subject to change without prior notice,
except that the terms and conditions posted on the Site at the time the Customer
initially places or modifies an order will govern the order in
question.
This Sale Agreement constitutes the entire agreement
between the Customer and Sanford and Son? Services Inc relating to the purchase or sale of goods
or services on the Site. The Sale Agreement may only be modified or terminated
with regard to goods or services that have been purchased or sold on the Site in
a writing signed by Sanford and Son? Services Inc. Electronic records (including signatures),
that are otherwise valid, shall be accepted under the Sale Agreement. The
Customer consents to receiving electronic records, which may be provided via a
web browser or e-mail application connected to the Internet; consumers may
withdraw consent to receiving electronic records or have the record provided in
non-electronic form by contacting Sanford and Son? Services Inc at the address provided
below.
In the event of any conflict between the terms and
conditions stated on your purchase order and this Sale Agreement or any terms
and conditions on our invoice, you agree that the provisions of this Sale
Agreement and our invoice shall control.
Governing Law
THIS AGREEMENT AND ANY SALES HEREUNDER SHALL BE GOVERNED BY THE
LAWS OF THE STATE OF OH, WITHOUT REGARD TO CONFLICTS OF LAWS RULES. THE
CUSTOMER CONSENTS TO THE JURISDICTION OF THE FEDERAL OR STATE COURTS LOCATED IN
DELAWARE COUNTY, OH FOR PURPOSES OF ANY SUIT, ACTION OR PROCEEDING ARISING
OUT OF THIS SALE AGREEMENT.
Title; Risk of Loss
Title to goods herein being purchased is retained by the seller
until goods are paid for by the purchaser and at that time title passes to the
purchaser. Loss or damage that occurs during shipping by a carrier selected by
Sanford and Son? Services Inc is Sanford and Son? Services Inc's responsibility. Loss or damage that occurs
during shipping by a carrier selected by Customer is Customer's responsibility.
Title to software will remain with the applicable licensor(s).
Export Sales
If
goods herein being purchased are being purchased for purposes of export, the
Customer must obtain from the federal government certain export documentation
before shipping to a foreign country. In addition, manufacturers' warranties for
exported goods may vary or even be null and void for goods exported outside the
United States. The Customer should inquire further regarding any questions. Any
and all liability is only for the products purchased.
General Legal Disclaimer
Sanford and Son? Services Inc HEREBY EXPRESSLY DISCLAIMS ALL WARRANTIES EITHER
EXPRESSED OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF
MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THIS DISCLAIMER BY
Sanford and Son? Services Inc IN NO WAY AFFECTS THE TERMS OF THE MANUFACTURER'S WARRANTY, IF
ANY.
Internet Disclaimer
Internet connectivity requires access services from an Internet
access provider. Contact your local access provider for rates, terms and
conditions.
56K Disclaimer
56K modems are capable of 56Kbps downloads, however, current
regulations limit download speed to 53Kbps.
Third-Party Product and Y2K
Disclaimer
All products sold by Sanford and Son? Services Inc
are third party products and are subject to the warranties and representations
of the applicable manufacturers, including but not limited to Y2K compliance.
Accordingly, Sanford and Son? Services Inc makes no representation or warranty with respect to
the Y2K compliance of products sold.
Pricing and Information
Disclaimer
All pricing subject to change. For
all prices, products and offers, Sanford and Son? Services Inc reserves the right to make
adjustments due to changing market conditions, product discontinuation,
manufacturer price changes, errors in advertisements and other extenuating
circumstances. High volume bids are welcome!
While Sanford and Son? Services Inc uses
reasonable efforts to include accurate and up-to-date information on the Site,
Sanford and Son? Services Inc makes no warranties or representations as to the Site's accuracy.
Sanford and Son? Services Inc assumes no liability or responsibility for any errors or omissions
in the content on the Site.
Limitation of Liability
Sanford and Son? Services Inc WILL NOT BE LIABLE FOR LOST PROFITS, LOSS OF
BUSINESS OR OTHER CONSEQUENTIAL, SPECIAL, INDIRECT, OR PUNITIVE DAMAGES, EVEN IF
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY THIRD PARTY
EXCEPT AS EXPRESSLY PROVIDED HEREIN. Sanford and Son? Services Inc WILL NOT BE LIABLE FOR
PRODUCTS OR SERVICES NOT BEING AVAILABLE FOR USE OR FOR LOST OR CORRUPTED DATA
OR SOFTWARE. CUSTOMER AGREES THAT FOR ANY LIABILITY RELATED TO THE PURCHASE OF
PRODUCTS OR SERVICES, Sanford and Son? Services Inc IS NOT LIABLE OR RESPONSIBLE FOR ANY AMOUNT
OF DAMAGES ABOVE THE AGGREGATE DOLLAR AMOUNT PAID BY CUSTOMER FOR THE
PURCHASE(S) UNDER THIS AGREEMENT.
Arbitration
ANY
CLAIM, DISPUTE, OR CONTROVERSY (WHETHER IN CONTRACT, TORT, OR OTHERWISE, WHETHER
PREEXISTING, PRESENT OR FUTURE, AND INCLUDING STATUTORY, COMMON LAW, INTENTIONAL
TORT AND EQUITABLE CLAIMS) arising from or relating to this Sale Agreement, its
interpretation, or the breach, termination or validity thereof, the
relationships which result from this Sale Agreement (including, to the full
extent permitted by applicable law, relationships with third parties who are not
signatories to this Sale Agreement), Sanford and Son? Services Inc's advertising, or any related
purchase SHALL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION
ADMINISTERED BY THE NATIONAL ARBITRATION FORUM (NAF) under the Code of Procedure
of ARBITRATION-FORUM.COM (the "Code") in effect at the time the claim is filed.
The Code is available at http://www.arbitration-forum.com or can be obtained by
calling 1-800-753-9448. Notwithstanding any choice of law provision included in
this Sale Agreement, this arbitration agreement is subject to the Federal
Arbitration Act (9 U.S.C. §§ 1-16) and the New York Convention on the
Enforcement of Arbitration Awards (9 U.S.C. §§ 201-208 or as codified in the
jurisdiction where enforcement of the award is sought). Hearings shall be held
as provided by the Code and if any In-person Hearing is required, it shall be
held in Sunbury, OH. Judgment on the award rendered by the arbitrator(s) may
be entered by any court having jurisdiction. Each party shall bear its own cost
of any legal representation, discovery, or research required to complete
arbitration.
Orders; Payment Terms; Interest;
Taxes
Orders are not binding upon Sanford and Son? Services Inc
until accepted by Sanford and Son? Services Inc. Terms of payment are within Sanford and Son? Services Inc's
sole discretion. Invoices are due and payable within the time period noted on
the invoice, measured from the date of the invoice. Sanford and Son? Services Inc may invoice
parts of an order separately. Customer agrees to pay interest on all past-due
sums at the highest rate allowed by law. The Customer is responsible for sales
and all other taxes associated with the order.
Freight Policy
Shipping and handling charges on all orders vary; contact your
Sanford and Son? Services Inc account manager for our most current and competitive rates,
options and shipping specials. For the Customer's protection, we ship only to
the verified billing address of the Customer's credit card. In some
circumstances, international shipping may be available. Email us for details.
Return Policy
The following refund policy applies to all products except
those stating their own refund policy with the product
description:
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Sanford and Son? Services Inc offers a
30 days return policy on selected items based on manufacturer
return policies. For further information not listed, please contact your
Sanford and Son? Services Inc account manager. |
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Please click on
Returns/Exchange in the Navigation Menu for the Return and Exchange
Information form. All Merchandise Returns must include the Return and
Exchange Information form. If the product is returned without the Return
and Exchange Information form, credit may be issued depending on
condition(at the discretion of Sanford and Son?) of return. |
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All products returned MUST:
be 100 percent complete, contain ALL original boxes and packing materials,
have original UPC codes on the manufacturer boxes, contain all manuals,
blank warranty cards and other accessories and documentation provided by
the manufacturer. |
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You are responsible for
shipping charges on returned items. |
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Sanford and Son? Services Inc strongly
recommends you fully insure your return shipment in case it is lost or
damaged and you use a carrier that can provide you with proof of delivery
for your protection. |
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If merchandise arrives
damaged: it is best to REFUSE it back to the carrier attempting delivery.
If you accept the package make sure it is noted on the carrier's delivery
record in order for Sanford and Son? Services Inc to file a damage claim. Save the
merchandise AND the original box and packing it arrived in, notify
Sanford and Son? Services Inc immediately to arrange for a carrier inspection and a pick
up of damaged merchandise. If you do not notify Sanford and Son? Services Inc of damaged
goods within the first 15 days of arrival, our regular return policy will
override any claim of damage, and will fall under all current manufacturer
restrictions. Call 8882645034 or your Sanford and Son? Services Inc account manager to
arrange for carrier inspection and a pick up of damaged merchandise.
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DEFECTIVE returns can be
returned directly to Sanford and Son? Services Inc within 30 days from the
invoice date, at Sanford and Son? Services Inc's discretion for: credit, replacement,
exchange or repair. Please click on Returns/Exchange in the Navigation
Menu for the Return and Exchange Information form. All Merchandise Returns
must include the Return and Exchange Information form. If the product is
returned without the Return and Exchange Information form, credit may be
issued depending on condition(at the discretion of Sanford and Son?) of
return.Customers are responsible for return postage. |
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Manufacturer restrictions
do apply and are outlined in our detailed policy. Any item that is missing
the UPC can ONLY be replaced with the same item. After 30 days,
all manufacturers' warranties apply. |
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NON-DEFECTIVE returns can
be accepted directly by Sanford and Son? Services Inc within 30 days from the
invoice date, at Sanford and Son? Services Inc's discretion for: credit, exchange. Please
click on Returns/Exchange in the Navigation Menu for the Return and
Exchange Information form. All Merchandise Returns must include the Return
and Exchange Information form. If the product is returned without the
Return and Exchange Information form, credit may be issued depending on
condition(at the discretion of Sanford and Son?) of return.Customers are
responsible for all shipping charges back to Sanford and Son? Services Inc. Ship all items
securely with insurance and/or delivery confirmation as Sanford and Son?
Services Inc is NOT responsible for items lost/damaged in shipping it to
Sanford and Son? Services Inc. Credits will be issued less our shipping
expenses and a 10 percent restocking fee. |
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Sanford and Son? Services Inc can accept
returns of the following items for exchange, replacement or credit.:
(Sanford and Son? Services Inc exceptions). DEFECTIVE merchandise can be returned to
Sanford and Son? Services Inc within 30 days from the invoice date, at the
Sanford and Son? Services Inc's discretion for: credit or exchange. Customers are
responsible for all shipping charges back to Sanford and Son? Services Inc. Please click
on Returns/Exchange in the Navigation Menu for the Return and Exchange
Information form. All Merchandise Returns must include the Return and
Exchange Information form. If the product is returned without the Return
and Exchange Information form, credit may be issued depending on
condition(at the discretion of Sanford and Son?) of return.Pack and seal
your return merchandise securely with delivery confirmation and/or
insurance. Sanford and Son? Services Inc. is not responsible for items
lost/damaged/stolen in return shipment. Additional manufacturers may be
added to this list as: manufacturer policies change, manufacturer goes out
of business or in the case of specially ordered items.
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Sanford and Son? Services Inc reserves the right to authorize product
returns beyond 30 days from the invoice date.
*Free shipping on all accessories, remote transmitters, parts, the 3800 RJO opener, LGO Operators, MH5011 Operators, and
ate operators in the United States with Standard Shipping Methods. [Expedited Shipping, Doors and all other Operators(Commercial and Residential) Excluded]
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