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TERMS
& CONDITIONS
General Information
OptiSource International maintains this
site for your personal entertainment, information, education,
and communication. Please feel free to browse the site.
You may download material displayed on the site for non-commercial,
personal use only, provided you also retain all copyright and
other propriety notices contained in the materials. You
may not, however, distribute, modify, transmit, reuse, report,
or use the contents of the site for public or commercial purposes,
including the text, images, audio, and video without OptiSource's
written permission.
Copyright/Trademark
Information
OptiSource is registered trademark of
OptiSource International, Inc. This entire website, copy,
images, logos, indicia, text, content, and unique method of
showcasing products is copyright 1994-2006 OptiSource International,
Inc. All trademarks appearing herein are acknowledged. Permission
to use documents delivered from this World Wide Web site and/or
server and related graphics is restricted. The name of OptiSource
International, Inc. or any of the above trademarks or logos
may not be used in advertising or publicity pertaining to distribution
of this information without specific, written prior permission.
The information contained in this website is subject to change
without notice. While OptiSource uses reasonable efforts
to include accurate and up-to-date information on the Site,
OptiSource makes no warranties or representations as to its
accuracy. OptiSource assumes no liability or responsibility
for any errors or omissions in the content on the Site.
You should assume that everything you
see or read on the Site is copyrighted or subject to trademark
protection, unless otherwise noted and may not be used except
as provided in these Terms and Conditions or in the text on
the Site without the written permission of OptiSource. OptiSource
neither warrants nor represents that your browsing of materials
displayed on the Site will not infringe rights of third parties
not owned by or affiliated with OptiSource.
Your access and use of the Site is also
subject to the following terms and conditions ("Terms and
Conditions") and all applicable laws. By accessing and
browsing the Site, you accept, without limitation or qualification,
the Terms and Conditions and acknowledge that any other agreements
between you and OptiSource are superseded and have no force
or effect.
Typographical
Errors
In the event a product is listed at an incorrect
price or with incorrect information due to typographical error
or error in pricing or product information received from our
suppliers, OptiSource shall have the right to refuse or cancel
any orders placed for product listed at the incorrect price.
OptiSource shall have the right to refuse or cancel any such
orders whether or not the order has been confirmed and your
credit card charged. If your credit card has already been charged
for the purchase and your order is canceled, OptiSource shall
immediately issue a credit to your credit card account in the
amount of the charge.
Your browsing of the Site is at your
risk. Neither OptiSource nor any other party involved in creating,
producing, or delivering the Site is liable for any direct,
incidental, consequential, indirect, or punitive damages arising
out of your access to, or use of, the Site. WITHOUT LIMITING
THE FOREGOING, EVERYTHING ON THE SITE IS PROVIDED TO YOU "AS
IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED,
INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. OptiSource
also assumes no responsibility, and shall not be liable for
any damages to, or viruses that may infect, your computer equipment
or other property on account of your access to, use of, or browsing
in the Site or your downloading of any materials, including,
but not limited to, data, text, images, video, or audio from
the Site.
Any communication or material you transmit to the Site by
electronic mail or otherwise, including but not limited to
any data, questions, comments, suggestions, and the like,
will be treated as non-confidential and non-proprietary. Anything
you transmit or post may be used by OptiSource or its affiliates
for any purpose, including but not limited to reproduction,
disclosure, transmission, publication, broadcast, and posting.
Furthermore, OptiSource is free to use any ideas, concepts,
know-how, or techniques contained in any communication you
send to the Site for any purpose whatsoever, including but
not limited to developing, manufacturing, and marketing products
using such information.
The trademarks, logos, and service marks
(collectively the "Trademarks") displayed on the Site,
are registered and unregistered Trademarks of OptiSource and
others. Nothing contained on the Site should be construed as
granting, by implication, estoppels, or otherwise, any license
or right to use any Trademark displayed on the Site without
the written permission of OptiSource or the third party owner
of such Trademark. Your misuse of the Trademark, or any content
on the Site, except as provided in these Terms and Conditions,
is strictly prohibited. You are also advised that OptiSource
will aggressively enforce its intellectual property rights to
the fullest extent of the law, including the seeking of criminal
prosecution.
OptiSource has not reviewed all of the sites linked to the
Site and is not responsible for the contents of any off-site
pages or any other sites linked to the Site. Your linking
to any other off-site pages or other sites is at your own
risk.
Every third party product you buy from
OptiSource is backed first by the product manufacture's warranty.
OptiSource's 30 day limited warranty against defects, may also
apply. OptiSource's 30 day limited warranty is a defective exchange
policy that provides for either repair or replacement (at our
sole discretion) of merchandise that has been confirmed as defective
by either the manufacture or OptiSource. OptiSource will
assist customers whenever possible in gaining satisfaction with
product manufactures. For assistance or to exchange a defective
product please call (800) 678-4768. We reserve the right
to refuse for return or charge a restocking fee for damaged
or incomplete returns. No returns will be accepted without an
RA number issued by OptiSource or when the product manufactures
or distributors return policies supersede ours.
There are no other express warranties
or conditions respecting the equipment. Implied warranties,
if any, are limited to the duration of the express warranty
provided herein. Some states do not allow limitations on how
long an implied warranty lasts so that the foregoing limitation
may not apply to you.
Limitation
of Liability
In no event shall OptiSource or any of
its subsidiaries or affiliates be liable for any indirect, special,
incidental or consequential damages including but not limited
to loss of use, loss of data, loss of business or profits. Some
localities do not allow the exclusion or limitation of incidental
or consequential damages, so the above limitation or exclusion
may not apply to you.
OptiSource may at any time revise these
Terms and Conditions by updating this posting. You are bound
by any such revisions and should therefore periodically visit
this page to review the then current Terms and Conditions to
which you are bound.
New Customer
Friendly Shipping Rates
We have implemented a new customer friendly
freight schedule based on the actual weight of your item and type of
service you need. Please call or see our web site for a quote.
Order Acceptance Policy
All orders are accepted in
accordance with the Terms and Conditions set forth below.
Following acceptance by Seller,
orders are not subject to cancellation or modification, except
upon written approval by Seller, and shall be subject to
cancellation charges as determined by Seller. OptiSource
International, Inc. reserves the right to correct and amend any
typographical errors.
All orders placed by the Buyer
whether over the internet, telephone or in written form are
binding. Buyer agrees that they are wholly responsible for the
actions of their employees, agents, or representatives. If an
employee of Buyer places an order unbeknownst to its management,
Buyer is responsible for said person's actions and Buyer assumes
all responsibilities whether authorized or not. Buyer is
responsible for the actions of their own employees, agents or
representatives.
Following written
acceptance/signing of a packages, Buyer agrees that they
authorized the purchase and accept the terms and conditions of
the sale with Seller. The Buyer's employee, agent or
representative is acting on behalf of the Buyer and by signing
and receiving the package, the Buyer is "agreeing to the terms
and conditions of this purchase" and is responsible for payment
of the package in question.
Ability to monitor and record
agreement to purchase. Buyer is hereby notified that for the
purposes of quality control, training, order and shipping
accuracy, that Seller may monitor "agreements to purchase."
This agreement is the policy of
the Seller. This policy supersedes any arrangement the Buyer
may have with a third party billing or buying group. This
policy is non-negotiable and cannot be modified or compromised
at any time by anyone including Seller's employees or any buying
group.
Return Policy
Goods will not be accepted for return without
an OptiSource return authorization number.
Claims for damages and shortages must be within 30 days of the
date of delivery.
There are absolutely no returns or exchanges allowed after 60
days of receiving date. Unsatisfactory product may be
exchanged within 60 days only.
REFUSED SHIPMENTS: All products
returned to Seller due to refusal of acceptance by Buyer,
without Seller's authorization, will be subject to a 25%
restocking and transportation charge.
Please contact customer service
for return authorization at 1-800-optisource or e-mail
customerservices@1-800-optisource.com. Please do not return
merchandise without prior authorization, for the package will
get refused. Special design and custom constructed or custom
formulated merchandise are not returnable.
Indemnity
The Buyer agrees to
indemnity and hold the Seller harmless for any expense or loss
arising out of, or resulting from the installation of said
product by Buyer, Buyer further agrees to indemnity and hold the
Seller harmless for any expense or loss, including expense or
loss to third parties, arising out of or resulting from the
failure to maintain, modify, or replace the equipment in
accordance with federal, state, local, or municipal codes,
regulations, or ordinances governing the equipment, its
installing, its maintenance or failure to follow manufacture's
guidelines.
