Terms and Conditions
TERMS AND CONDITIONS OF SALE
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE. All users of this site agree that access to and use of this site are subject to the following terms and conditions and other applicable law. If you do not agree to these terms and conditions, please do not use this site.
The Terms and Conditions of Sale contained herein (the “Agreement”) constitute the entire agreement between Stanchion World (“Seller”) and the party that places an order of any kind with Seller (“Buyer”), and shall control all purchases of Products and Services (as herein after defined) by Buyer from Seller. Although Seller has used reasonable efforts to accurately illustrate and describe its Products and Services in its advertising material, such illustrations and descriptions are for the sole purpose of identifying the Products and Services, and do not express or imply an affirmation of fact that the Products and Services will conform to their respective illustrations or descriptions. No form of acceptance of Buyer’s order except Seller’s written or electronic acknowledgment provided to Buyer shall constitute valid acceptance, any such acceptance is expressly conditioned on Buyer’s assent to the terms hereof and the exclusion of all additional or different terms, and Seller hereby gives notice of its objection to any additional or different terms proposed by Buyer in its purchase order or elsewhere, except as may be set forth in a written agreement expressly superseding these terms. Seller hereby reserves the right to correct clerical or typographical errors made by its employees at any time.
1.1 Product(s) shall mean any product(s) identified on:
a. Seller’s proposal and/or quotation
b. In the event of inconsistency between the purchase order, proposal, quotation and/or order acknowledgement, the final correspondence between Seller and Buyer will supersede all other documents unless Buyer has notified Seller of inaccuracy.
1.2 Seller shall give Buyer prior notice of proposed alterations to product(s) that Seller deems necessary to comply with applicable safety standards and/or other statutory requirements and of any other alterations it might make that do not materially affect the quality or performance of the products specified by Buyer. If Buyer does not consent to any such alteration within fifteen (15) days following receipt of notice, Seller shall have the right, by written notice to Buyer, to cancel the order.
1.3 Buyer shall inform all third parties to whom it may supply products of all information regarding the use and safe handling of the products that Seller has provided Buyer.
2. ORDERS AND PRICES
2.1 Unless otherwise agreed in writing by Seller, all quotations for products may be withdrawn or varied at any time for any reason, and shall be deemed withdrawn at the expiration of one calendar month from the date of issue.
2.2 Purchase orders will only be accepted from schools or government agencies, all other purchase orders will be rejected. All other orders must be placed online and paid with credit card at the time of checkout. Buyer will pay any balance of purchase order within thirty (30) days of receiving products.
2.3 Prices charged will be those current at the time of delivery of the products. Seller may increase its prices at any time to account for increase in cost to Seller or for any faulty or improper specifications of products by Buyer.
2.4 Any notice or instruction from Buyer received subsequent to Seller’s acknowledgment which has the effect of changing the specifications, scope of work or other terms shall be effective only upon an appropriate adjustment in the price and/or delivery date and the written acceptance of any such change by the Seller.
2.5 Any requested modifications to products by Buyer must be approved by Buyer within fifteen (15) days of receiving sample or artwork. If Buyer does not notify Seller of approval within specified time the order will be canceled.
2.6 All prices quoted are exclusive of any tax, duty, shipping, or other fee imposed upon the transaction by any Federal, state or local government of the United States and/or foreign government authority; all such fees shall be paid by Buyer and are in addition to the price quoted or invoiced (unless Buyer shall present an exemption certificate acceptable to the taxing authorities); in the event Seller is required to prepay any such tax, duty, or other fee, Buyer will reimburse Seller promptly upon request.
3. SHIPPING, DELIVERY AND COMPLETION OF SERVICES
3.1 Unless otherwise agreed in writing by Seller, Buyer agrees that orders are available for immediate shipment unless otherwise specified on purchase order. Ship complete requirements must be noted on purchase order. If Seller agrees to deliver Products to a location other than its premises, it shall await Byer’s instructions, and offloading will be at Buyer’s risk and expense. Buyer shall be billed accordingly for all material costs as well as shipping and handling charges.
3.2 Shipments pursuant to an International Supply Contract may be subject to the issuance of a license or other permit by the United States Commerce Department, United States Department of State and/or other United States department or agency. Acceptance of all such orders is conditioned upon and subject to the issuance of such license and/or permit; in the event that Seller or manufacturer is unable to obtain such license(s) or permit(s), Seller may cancel such order and shall have no further liability to Buyer.
3.3 Seller will attempt to deliver products by the date, or within the period, agreed upon by Buyer and Seller; however, such dates or periods are good faith estimates, and Seller will not be liable for failure to deliver by such date or within such period. Seller may defer delivery or completion until all payments due by Buyer have been received. Products may be delivered by Seller in advance of any agreed date upon giving reasonable notice to Buyer.
3.4 Seller will attempt to comply with reasonable requests by Buyer for the postponement of delivery, but shall be under no obligation to do so. Where delivery is postponed for reasons other than Seller’s default, Buyer shall pay the expenses associated with the delay, including a reasonable charge for storage and transportation.
4. CANCELLATION; DEFERRAL
4.1 Seller may defer delivery of products and/or consider the order cancelled if Buyer fails to make any payment due under the order or hereunder, is unable to meet its debts as they become due or becomes insolvent, files a petition, or has a petition filed against it, for bankruptcy under any bankruptcy laws, enters into any arrangement or composition with creditors, makes an assignment for the benefit of creditors or goes or is put into liquidations. Cancellation of the order shall not relieve Buyer from its obligations which shall have accrued prior to such cancellation.
4.2 Orders accepted y Seller can only be canceled by Buyer with the agreement of Seller, and Seller’s acceptance of the cancellation will be binding only if in writing. In the event that an order is agreed to be canceled, Buyer will be liable for any costs or expenses incurred by Seller from the date of the order through the date of the cancellation, and for all loss or damage resulting from the cancellation.
5. LIMITED WARRANTY; LIMITATION ON LIABILITY
5.1 Seller warrants to the original Buyer that the products, when delivered or shipped, will be free from defects in material and workmanship, and will be in accordance with any applicable specifications, and that the warranty period shall commence on the date of original delivery or shipment and extend through ninety (90) days from said date. Buyer shall carefully examine the quality of the products upon delivery or shipment and provide the Seller with a written confirmation (via email, fax, or letter) of any visible defect, damage, loss or shortage within two (2) days of receipt of the products, or receipt of the invoice or other proof of dispatch.
5.2 Buyer has fifteen (15) days from invoice date to provide written confirmation (via email, fax or letter) of any concealed damage found upon receipt of shipment. At the request of Seller, Buyer shall authorize Seller’s employees or agents to inspect the products. Seller’s warranty obligations hereunder are subject to Buyer’s timely compliance with the provisions of this Paragraph 5.1. Sellers’ liability is limited to: repairing, replacing, or paying for the repair or replacement of products that prove defective in material and/or workmanship, and/or do not perform in accordance with applicable specifications. Where Seller agrees to repair or replace, or have repaired or replaced products, any time specified for delivery or completion in the order will be extended for such period as the Seller may reasonably require.
5.3 Where the products are in accordance with Buyer’s specifications, then responsibility for the design and feasibility of such specifications is that of the buyer. Buyer agrees that Seller shall not be liable under any warranty applicable to the products for any nonconformity in the products if Buyer’s specifications are faulty or improper. Buyer will indemnify Manufacturer, not Seller, against any infringement of intellectual property rights, and the associated losses, damages and expenses, including attorney’s fees, in this or any other country arising from its faulty or improper specifications.
5.4 As a condition to the warranty provided for herein, Buyer shall prepay the shipping charges for all products returned to seller for repair and shall be responsible for all insurance, packing, crating, handling, and other transportation costs in connection therewith. Unless otherwise agreed to in writing by Seller, when any product is returned to Seller for repair, Buyer shall be responsible for all damages resulting from improper packing, crating or handling, and for any loss in transit, notwithstanding any defect or nonconformity in the product. Seller will pay the return shipping charges to Buyer with respect to products that prove to be defective in material and/or workmanship (in each case as determined by Seller).
5.5 If, in Seller or manufacturer’s judgment, a repair or replacement requires on-site evaluation or service by manufacturer’s representatives, the costs of travel, lodging and meals of manufacturer’s representatives shall be at Buyer’s expense.
5.6 This warranty is exclusive and in lieu of any and all other warranties, express or implied, in law or in fact, orally or in writing, including, without limitation, the implied warranties of merchantability and of fitness for a particular purpose.
5.7 Voiding of Warranty will occur if any of the below actions are taken: abuse, alteration, customer abuse/misuses, neglect, Acts of God and failure to use the product(s) under normal operation conditions or within respective specified ratings, failure to use product(s) according to operating instructions provided by manufacturer, lack of routine care and maintenance or taking proper precautions as indicated in operational or maintenance instructions, any attempts made to repair, dismantle, alter, modify, replace or attempt to do the same by any person other than an Authorized Representative of Manufacturer, without prior written authorization by Manufacturer or Seller, voids this warranty in its entirety and Seller shall have no further obligations to Buyer under any warranty of any kind whatsoever.
5.8 Seller’s Aggregate Liability in damages or otherwise shall not exceed the payment, if any, received by seller for the unity of product which is the subject of the claimant dispute. In no event shall Seller be liable, whether in contract, in tort, under warranty, in negligence or otherwise f, for loss of use, interruption of business, lost profits, or incidental, consequential, punitive or special damages of any kind whatsoever, ho so ever caused even if Seller has been advised of the possibility of such damages. Seller is not responsible for any consequential or other damage to any peripheral equipment resulting for the use of products. The misuse or mis-application of Seller equipment is not covered under warranty. The price state for the products is based upon and in consideration for limiting Sellers’ liability as herein provided.
5.9 Buyer agrees to indemnify, defend, and hold harmless Seller, its officers, directors, employees, agents, licensors and suppliers (collectively the "Service Providers") from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of these terms and conditions or any activity related to Buyer’s account (including negligent or wrongful conduct) by Buyer or any other person accessing the site using Buyer’s Internet account.
6. PAYMENT AND RISK OF LOSS
6.1 Unless otherwise agreed in writing by Seller, full payment shall be made by Buyer in the form of check or credit card no later than the due date specified on the invoice. Payment is due at the time of ordering, unless Seller has agreed to specific Payment Terms by buyer.
6.2 If at any time Buyer is delinquent in the payment of any invoice, Seller may demand payment of all outstanding balances, whether due or not, and/or cancel any outstanding orders prior to shipment. Seller may suspend performance of its obligations if it reasonably believes that Buyer will not make payments in accordance with paragraph 6.1. Buyer shall not be entitled to withhold payment of any invoice by reason of a right of setoff or a claim against Seller.
6.3 Seller shall not be liable for any special or consequential damages that result from the use of, or the inability to use, the materials on this site or the performance of the products, even if Seller has been advised of the possibility of such damages. Applicable law may not allow the limitation of exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to Buyer.
7. DATA AND INTELLECTUAL PROPERTY RIGHTS
7.1 Unless otherwise agreed in writing by Seller, all technical data and intellectual property rights in products originated by or on behalf of Seller, which Seller discloses to Buyer, are and shall remain proprietary to Seller. Buyer agrees not to disclose any such data to any third party, including its affiliates, nor copy, loan, transfer or use it for any purpose other than as intended by Seller.
7.2 All intellectual property rights in software supported by Seller shall remain vested in Seller or in the licensor.
7.3 The entire content included in this site, including but not limited to text, graphics or code is copyrighted as a collective work under the United States and other copyright laws, and is the property of Stanchion World. The collective work includes works that are licensed to Stanchion World. Copyright 2003, Stanchion World ALL RIGHTS RESERVED. Permission is granted to electronically copy and print hard copy portions of this site for the sole purpose of placing an order with Stanchion World or purchasing Stanchion World products. You may display and, subject to any expressly stated restrictions or limitations relating to specific material, download or print portions of the material from the different areas of the site solely for your own non-commercial use, or to place an order with Stanchion World or to purchase Stanchion World products. Any other use, including but not limited to the reproduction, distribution, display or transmission of the content of this site is strictly prohibited, unless authorized by Stanchion World. You further agree not to change or delete any proprietary notices from materials downloaded from the site.
7.4 All trademarks, service marks and trade names of Stanchion World used in the site are trademarks or registered trademarks of Stanchion World
8. FORCE MAJEURE
8.1 In addition to any excuse provided by Sections 2-613 through 2-615 of the Uniform Commercial Code, or any other applicable law, Seller shall be excused from any liability, loss or damage to Buyer or any other person for cancelling or suspending orders due to delays in delivery arising from events beyond Seller’s control, regardless of whether or not such events were foreseeable by either party when the products were ordered. Such uncontrollable events include, but are not limited to: Act of God, war, governmental or regulatory restrictions, fires, floods, explosions, strikes, lock-outs, labor disturbances, trade disputes, damage to or destruction of products, breakdown of machinery, delivery delays and shortages of labor and/or raw materials.
9. GENERAL TERMS
9.1 The validity, interpretation, and performance of this Agreement shall be controlled by and construed under the laws of the State of Florida, excluding choice of law rules thereof. Any dispute between Buyer and Seller shall be settled by binding arbitration in Pinellas County, Florida in accordance with the rules then prevailing of the American Arbitration Association, and judgment upon the award rendered may be entered in any court having jurisdiction thereof, with no right of appeal there from.
9.2 Any cause of action or claim Buyer may have with respect to the site (including but not limited to the purchase of Seller’s products) must be commenced within one (1) year after the claim or cause of action arises. Seller’s failure to insist upon or enforce strict performance of any provision of these terms and conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these terms and conditions. Seller may assign its rights and duties under this Agreement to any party at any time without notice to Buyer.
9.3 The headings in this Agreement are inserted for convenience only, and are not intended to affect the interpretation or construction of the terms and conditions.
9.4 In the event that any of the terms of this Agreement become or are declared to illegal by any court of competent jurisdiction or arbitrator(s), such term(s) shall be null and void. All remaining terms of this Agreement shall remain in full force and effect.
9.5 This Agreement constitutes the entire agreement between the parties hereto concerning the subject matter of this Agreement, and there are no understandings, agreements, representations, conditions, warranties, or other terms, express or implied, which are not specified herein. This Agreement may only be modified by a written document executed by authorized representatives of Seller and Buyer. No writing executed on behalf of Seller shall be valid unless signed by an officer of Seller.
9.6 Neither this Agreement nor any rights hereunder shall be assigned or otherwise transferred by Buyer (by operation of law or otherwise) without the prior written consent of Seller. This Agreement shall bind and inure to the benefit of the successors and permitted assigns of the parties.
9.7 Seller may deliver notice to you by means of e-mail, a general notice on the site, or by other reliable method to the address Buyer provided to Seller.
9.8 Harassment in any manner or form on the site, including via e-mail, chat, or by use of obscene or abusive language, is strictly forbidden. Impersonation of others, including a Stanchion World or other licensed employee, host, or representative, as well as other members or visitors on the site is prohibited. Buyer may not upload to, distribute, or otherwise publish through the site any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law. Buyer may not upload commercial content on the site or use the site to solicit others to join or become members of any other commercial online service or other organization.
9.9 Seller does not and cannot review all communications and material posted to or created by users accessing the site and is not in any manner responsible for the content of these communications and materials. Buyer acknowledges that by providing Buyer with the ability to view and distribute user-generated content on the site, Seller is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the site. However, Seller reserves the right to block or remove communications or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright, trademark or; other intellectual property right of another or (d) offensive or otherwise unacceptable to Seller in its sole discretion.
9.10 In an attempt to provide increased value to our visitors, Seller may link to sites operated by third parties. However, even if the third party is affiliated with Seller, Seller has no control over these linked sites, all of which have separate privacy and data collection practices, independent of Seller. These linked sites are only for Buyer’s convenience and therefore access them at Buyer’s own risk. Nonetheless, Seller seeks to protect the integrity of its web site and the links placed upon it and therefore requests any feedback on not only its own site, but for sites it links to as well (including if a specific link does not work).
9.11 These terms and conditions are applicable to you upon your accessing the site and/or completing the registration or shopping process. These terms and conditions, or any part of them, may be terminated by Stanchion World without notice at any time, for any reason. The provisions relating to Copyrights, Trademark, Disclaimer, Limitation of Liability, Indemnification and Miscellaneous, shall survive any termination.
RETURNS AND RESTOCKING FEE POLICY
While we try out best to ensure that every order received is completely satisfactory, we understand it is sometimes necessary to return item(s). Please take a moment to review our standard Returns and Restocking Fee Policy.
1. When Your Order Arrives
Upon receipt of your shipment, please be sure to open all boxes and check the contents immediately for defects and/or inaccuracies. Stanchion World Customer Service must be notified of any shipment discrepancies excluding damages within 30 days of invoice date. Failure to do so voids Buyer’s right to return product(s).
2. General Returns Procedure
Prior to returning or refusing any item(s), please contact Stanchion World Customer Service at 1-800-801-7691 to obtain a Return Merchandise Authorization (RMA) number along with shipping instructions. All product returns must be sent prepaid and insured. Stanchion World reserves to the right to refuse any return that does not have a Return Merchandise Authorization. Return Merchandise Authorizations are valid for thirty (30) days from the date of issue and will expire on the thirty first (31st) day. Any shipment(s) returned without a valid Return Merchandise Authorization will be refused accordingly.
3. Products Damaged During Shipment
If packaging appears damaged, carton should be refused. If you cannot refuse carton in question, please make a note on the Proof of Delivery of noted damage. Customer Service must be contacted within forty eight (48) hours, two (2) days of receipt of shipment in order for Seller to file a claim with carrier.
If packaging is fine, but a “Concealed Damage” is found, Customer Service must be notified within fifteen (15) days of receipt of shipment.
4. Defective or Incorrect Product(s)
Seller will only accept a return if a Return Merchandise Authorization (RMA) number has been issued and the item(s) is returned in the original packaging or adequate/protective packaging. The item(s) must be brand new, never used condition and contain all the contents shipped with the original order. Any item(s) returned used and/or damaged not having been reported as such upon issuance of RMA number are not eligible for return.
Special product orders/custom items may only be returned if defective, damaged, or incorrectly processed by Stanchion World or the manufacturer. Customer ordering errors are not eligible for return.
Summary of Non-Returnable Items:
- Custom item(s) incorrectly ordered by Buyer
- Item(s) that have been installed
- Item(s) that are not brand new and/or item(s) that are missing from original order
- Item(s) not adequately packaged
- Item(s) altered from original state
5. Applicable Restocking Fees for Incorrectly Ordered Product(s)
Incorrectly ordered item(s), excluding custom item(s) which are not eligible for return, require the obtaining of an RMA number. Contact our Customer Service department for an RMA number along with shipping instructions. The RMA number must be obtained within thirty (30) days from invoice date. RMA is valid for thirty (30) days and will expire on the thirty first (31st) day. No return will be accepted without a valid RMA number. RMAs will not be issued and returns may not be made after thirty (30) days from the date of invoice.
THESE ITEM(S) WILL INCUR A 25% RESTOCKING FEE PLUS THE COST OF INBOUND AND OUTBOUND FREIGHT. These charges will be deducted from the credit/refund issued.
Item(s) returned after thirty (30) days from the RMA number issuance will be refused accordingly.
Due to the substantial cost incurred on returned shipments, Stanchion World will adhere strictly to this policy.
*Stanchion World reserves the right to modify Terms and Conditions and Return Policy without notice*