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Terms and Conditions - Strategic Retail Concepts

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TERMS AND CONDITIONS

The Terms and Conditions (“Agreement”) set forth below constitute all of the non-pricing terms and conditions between the Buyer and Strategic Retail Concepts, LLC (SRC).  Such terms automatically become effective and control your transaction with SRC upon your order being approved and accepted by SRC by written approval at SRC’s offices in Sapulpa, Oklahoma.  No course of prior dealing between the Buyer and SRC shall supersede the current version of these Terms and Conditions.

THE FOLLOWING TERMS AND CONDITIONS ARE SUBJECT TO THE QUALIFICATION THAT THEY ARE APPLICABLE TO THE FULLEST EXTENT ALLOWED BY THE LAW GOVERNING THE TRANSACTION. IF THE GOVERNING LAW PROHIBITS A TERM OR CONDITION SET FORTH BELOW, THEN IT SHALL BE UNENFORCEABLE TO THE EXTENT PROHIBITED, BUT THE REMAINDER OF THE TERMS AND CONDITIONS SHALL CONTINUE TO APPLY.


Limited Warranty

SRC warrants Goods manufactured by it will leave its facility free from defects in material and workmanship, which warranty is for one (1) year following the date of shipment, and if any of the Goods are found by SRC to meet this warranty criteria, such Goods will, at SRC’s option, be replaced or repaired at SRC’s cost of materials (“limited warranty”). SRC and Buyer agree that Buyer’s sole and exclusive remedy for any legal claim of Buyer arising out of the condition of the Goods shall be the repair or replacement as outlined in this limited warranty.  This limited warranty is in lieu of all other, express or implied, warranties, and constitute the complete remedy for any claims Buyer has or may have regarding the Goods or the transaction. SRC is specifically not responsible to Buyer or anyone else for Goods which may be sold by SRC to Buyer, but which are not manufactured or assembled by SRC.  Labor or other non-material costs or expenses involved in the removal or installation of any SRC repaired or replaced Goods shall be the responsibility of the Buyer. SRC’s warranty does not apply to any Goods which are or become damaged, defective, deficient or otherwise fail during, or as a result of, installation, modification, improper or unintended use of the Goods (included but not limited to use of unauthorized parts or attachments), or adjustment or repair performed by anyone other than SRC or one of SRC’s authorized agents.

 

Inspect All Goods Upon Delivery

Open and inspect all Goods for any defect or damage immediately upon delivery.  If a defect or damage is found or suspected,

  • Save all packing materials;
  • If possible, take a picture of the defective or damaged Good and packaging;
  • DO NOT continue to handle or attempt to install the Goods;
  • Preserve the condition of the Goods and packaging in their delivered state until SRC can inspect same or give you directions ion what to do next;
  • Notify us within five (5) business days of delivery of any discovered or suspected defect of

the Goods delivered to you pursuant to your order and this Agreement; and,

  • Call 1-866-597-7265 option 1, to notify us of any defective or damaged Goods.

If you fail to comply with the above, your limited warranty rights will be waived or otherwise unenforceable by you, but the other terms and conditions shall continue to apply to and be enforceable against you. If the defect or damage to the Goods is such that a diligent and comprehensive inspection of the Goods at time of delivery would not have allowed a reasonable person familiar with the Goods to have discovered same, then Buyer’s rights under this Agreement shall not be deemed waived by the Buyer unless the Buyer fails to submit in writing to SRC within thirty (30) calendar days following delivery notice of the defect or damage and the basis for Buyer’s claim hereunder. If the governing law does not allow the waiver of a claim, as herein-above provided, or allows for claims outside of the limited warranty, all such written formal claims (whether an Arbitration filed complaint or a lawsuit filed in a Court of Law) must be filed and file marked on or before twelve (12) months of the date of delivery of the subject Goods. If the discovery rule is required to apply by the governing law, then any allowed claim for, based upon or arising out of defects in material, defects in workmanship, the transaction of the sale and purchase of the Goods, or for breach of the SRC’s warranty or sales terms shall be brought within one (1) year from the date the alleged breach or other basis for Buyer’s claim was discovered or from the date a reasonable person familiar with the Goods and acting prudently in diligently in inspecting the Goods or the transaction should have discovered the basis for the Buyer’s claim, whichever occurs first.


Arbitration

To the fullest extent allowed by applicable law (the law determined to be controlling over this transaction, which rebuttable presumption shall be Oklahoma Law), any Buyer’s claims, of whatever nature or type, and all remedies available to Buyer under such allowed claims shall be brought in Arbitration, which shall be binding arbitration, and shall be governed by the Federal or American Arbitration Act, with discovery limited to Buyer’s transaction from which the claim arises and only as permitted by an Arbitrator’s written Order of Discovery. If a claim is not submitted to Arbitration within the time limits provided herein-above, the claim shall be barred by the statute of limitations from being brought in either Arbitration or a Court of Law.  


Limitation of Liability

SRC’s liability (whether under the theories of breach of contract or warranty, failure to warn, negligence, strict liability, or any other legal or equitable theory of recovery) for claims of Buyer arising out of the condition of the Goods, the instructions or installation of the Goods by or through  Buyer, or the installation of the Goods by SRC, For the transaction of the sales and purchase of the Goods, shall be, to the fullest extent allowed by applicable law, limited to repairing or replacing parts confirmed by SRC to be defective or damaged at time of shipmen, or at SRC’s sole discretion and option, to refund the purchase price of the product or parts.  At SRC’s request, Buyer will send, at Buyer’s expense, any allegedly defective parts to SRC.  If SRC confirms the damage or defect to which SRC’s warranty applies (that is, the damage or defective condition existed at time of shipment) and is solely the fault of SRC, SRC will either credit the Buyer for the return delivery charge, based on normal shipping, or reimburse that charge to Buyer, at SRC’s option.


Disclaimer and Waiver of Consequential and Other Damage Remedies

In no event shall SRC be liable for any unforeseeable, incidental, special or consequential damages arising out of or in connection with the purchase, handling of or the installation of its Goods, including, without limitation, such damages resulting from any step in the transaction resulting in your receipt of the Goods ordered, or resulting from the SRC website or any statements, terms or conditions on such website, or from any defects of material, workmanship or in the installation instructions discovered by Buyer after delivery is made to Buyer, and for a breach of any obligation or warranty imposed on SRC by this Agreement, by law or arising out of your transaction with SRC (collectively, “Event”). Consequential damages for purposes of these Terms and Conditions shall include, without limitation, those damages or losses and expenses which result from an Event, such as loss of use, lost income or profit, or non- medical losses sustained as the result of injury to any person or non-repair/replacement losses resulting from property damage, or loss of or sustained as the result of work stoppage or material or delivery unavailability at the anticipated cost used to price Buyer’s Order.  Buyer shall indemnify SRC against all liability, damages, cost or expense which may be sustained by SRC for Buyer’s demands or other actions to seek or obtain the remedies hereby disclaimed, waived or released by Buyer. Buyer further indemnifies and holds SRC harmless for all personal injuries or property damage caused by, resulting from, or touching upon the unloading, unpacking, setting up, and/or installation of the Goods by or on behalf of Buyer.


Privacy

We keep your personal information private and secure (see “information we share”, below).  When you make a purchase from our site, you provide your name, email address, credit information, address, phone number and a password. We use this information to process your orders, to keep you updated on your orders and to personalize your shopping experience.

Our secure servers protect your information by using advanced encryption techniques and firewall technology.

To keep you informed about our latest offers, we may notify you of our current promotions, specials and new additions to our product line.  You may unsubscribe from emails by following the unsubscribe instructions in any email you receive from us or by contacting us as follows:                                            .

We use “cookies” to keep track of your current shopping session to personalize your experience and so that you may retrieve your shopping cart at any time.


Security Policy

SRC is committed to providing a safe and secure shopping experience for our customers.  We are dedicated to assuring that all payment information, including credit card number, name, address, etc. is encrypted via Secure Socket Layer (SSL) during order checkout.  SSL is industry standard technology that ensures all information sent to us remains private and cannot be read over the internet by any third parties during transmission.  All credit card information is process via a secure payment gateway which protects all personal information.  We value the safety of the personal information for every customer and every transaction that goes through our website.  

 

Information We Share 

We contract with other companies to provide services such as credit card processing and shipping services.  We provide these companies with only the information they inform us that they need to perform their services. Our arrangement with them requires that they assure us that they are taking adequate steps to ensure your privacy is protected.  These companies are prohibited from using your information for their own marketing or from sharing this information with other parties.

 

Links and Privacy on other Web Sites

This site may contain links to other sites on the Internet that are owned and operated by third parties.  These sites operate independently of SRC and have established their own privacy and security policies.  Please consult each site’s privacy policy as SRC is not responsible for the actions of third parties. SRC is not vouching for, responsible for or making a recommendation regarding the third party found on the links at other sites. You agree to independently verify these third parties and satisfy yourself of the safety and product or services provided by these third parties.

 

Payment Options

We gladly accept the following credit cards: Visa, MasterCard, American Express, and Discover.  There is no surcharge for using your credit card to make purchases.  All personal information is encrypted by our secure server to ensure that any transaction that you place with us is safe.  In addition, SRC does not capture the funds from your card until your items are available and ready to be shipped.   If you are using a debit card, please note that your bank may hold your funds once your purchase has been pre-authorized during the checkout process.

Prior to ordering, please confirm that your billing address provided matches the address that appears on your current credit card statement.  Incorrect information will cause a delay in processing your order.  Please note that all orders placed with a credit/debit card are subject to review and cancellation by SRC, at SRC’s sole discretion.

 

Taxes

SRC shall automatically charge and withhold applicable sales tax for orders to be delivered to addresses within the state of Oklahoma.  For orders shipped to other states, you are solely responsible for all sales tax, use tax or other applicable taxes, unless any governmental authority mandates (now or in the future) otherwise, whereupon, the Buyer hereby agrees that this Agreement shall be automatically modified or amended to meet the requirements of any governmental mandate applicable to the contemplated transaction. Buyer agrees automatically to be bound by the modifications caused by any government mandate applicable to Buyer’s transaction.  Buyer will provide SRC with any and all tax exemption certificates or other requested documentation, acceptable to the appropriate taxing authorities, where such taxing authority requires or request such documents from SRC or Buyer.

We will do our best to assure that taxes quoted are correct.  Should an erroneous quote be provided, we will notify you of such error before finalizing and shipping order.  You will be responsible for all applicable taxes regardless of the amount quoted on this Web site at the time of your order.

 

Colors

We have done our best to accurately display the colors of the Goods on our Web site.  However, because the colors you see depends on the type of monitor you have, we cannot guarantee that your monitor’s display of any color will be accurate.

To obtain a sample of one of our laminate finishes at no charge, please call 1-866-597-7265, option 1 or e-mail us at customerservice@srcok.com.

 

Typographical Errors

In the event a Good is listed at an incorrect price due to typographical error or mistake, SRC shall have the right to refuse or cancel any orders placed for the Good listed at the incorrect price.  SRC 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, SRC shall diligently issue a credit to your credit card account in the amount of the incorrect price.


Returns

Goods may not be returned for credit without SRC’s prior written consent, and may be subject to a twenty-five percent (25%) restocking charge. Please contact us at 1-866-597-7265, option 1, to obtain authorization for the return. All transportation charges for returned Goods are the sole responsibility of the Buyer. Returned Goods are subject to SRC’s inspection and will not be considered for acceptance for credit unless they are, (i) in SRC’s sole discretion, in "like new" condition, and (ii) returned to SRC within sixty (60) days from the date of shipment. The Buyer hereby agrees that it will not debit SRC’s account for any return, regardless of the reason for such return, unless agreed to by SRC, in writing. Returned products must be in original packaging, in as-new condition with the packing slip, with all warranty cards, manuals and accessories. Please allow approximately 10 business days for your return to be processed once it has arrived at our warehouse.


Termination, Cancellation and Changes    

Once production has started on your Order, it cannot be terminated, cancelled or modified, or shipment deferred, except with SRC’s written consent and subject to conditions set forth by SRC in its written Consent, which automatically shall include indemnifying SRC against any losses, liability and expenses incurred by SRC and which could include such items as commitments or orders placed by SRC to third parties and lost profit on work in process and contract value of products or parts completed and ready for shipment.


Shipping F.O.B.

Although SRC has the option of using whatever carrier it deems appropriate, unless SRC has a written agreement with Buyer otherwise, large items will typically be delivered by Common Carrier.  For smaller items, UPS may be used as the delivery company.  Shipments will be delivered to or as close to the Buyer’s property line (driveway, dock, back door) provided the location is deemed accessible by the delivering freight carrier.  The driver is not responsible to unload to the curb, so it is highly recommended that you have someone to help you unload your goods from the truck.  You will be given a reasonable time frame to unload freight.  SRC will charge Buyer for shipping, at the time Buyer places their order.  Buyer must pay for the shipping before the order will be shipped.  Please call 1-866-597-7265, option 1, with any questions regarding shipping.

Unless expressly specified to the contrary, all shipping dates are based upon current availability of materials, present production schedules, and prompt receipt of all necessary information. SRC will not be liable for any damage, loss, fault, expense or freight charges arising out of delays in shipment or other nonperformance of this agreement caused by or imposed by: (a) strikes, fires, disasters, riots, acts of God, (b) acts of Buyer, (c) shortages of labor, fuel, power, materials, supplies, transportation, or manufacturing facilities, (d) governmental action, (e) subcontractor delay, or (f) any delay which, in whole or in part, was caused by factors outside of CW’s reasonable control.


Installation of the Shipped Goods

Installation of the shipped goods are at Buyer’s own risk, and Buyer hereby indemnifies and holds SRC harmless for all claims, causes of action, or any other injuries or damages or remedies sought against SRC as a result of, arising from, caused by, or touching upon the instructions to build or the building of such goods.  Buyer should have and agrees to have a qualified person review the building instructions, the material received, and the safety of the project and construction, prior to installation. Then, Buyer agrees to have a qualified person do the actual installation and fully inspect the safety of the installed and constructed good. You should notify us if the installer has any safety concerns regarding installation or the Good, as installed, and you and your installer should stop installation or takes steps to mitigate the safety concerns until your concerns have been fully resolved. 

 

Patent Infringement

In no event shall SRC be liable for damages arising from infringement or alleged infringement of patents or copyrights. In the event that Buyer should be enjoined from using any of the Goods purchased pursuant to this Agreement, SRC, at its option, shall promptly either (i) secure termination of the injunction and procure for Buyer the right of use of such Goods without any obligation or liability, or (ii) replace said Goods with non-infringing materials or modify same to become non-infringing, all at SRC’s expense, or (iii) remove said Goods at SRCs expense and refund the purchase price of the infringing Goods to Buyer. THIS SHALL BE BUYERS EXCLUSIVE REMEDY AGAINST SRC WITH RESPECT TO PATENT OR COPYRIGHT INFRINGEMENT PROCEEDINGS OR INJUNCTIONS. The sale of Goods hereunder does not convey to Buyer any license or copyright under any proprietary or patent rights of any manufacturer. SRC shall not have any liability if the alleged infringement is based upon the use or application of the Goods in combination with other Goods and Buyer shall indemnify SRC therefore. Buyer, by ordering the Goods from SRC, and upon SRC accepting said Order. Waives and releases SRC from all other liability or remedies for infringement of intellectual property rights and for any liability for incidental or consequential damages caused by or arising from such infringement.


Copyright and Trademark Notice

Unless otherwise specified, all materials appearing on this site, including the text, site design, logos, graphics, icons, and images, as well as the selection, assembly and arrangement thereof, are the sole property of SRC, Copyright © 2013, ALL RIGHTS RESERVED.  You may use the content of this site only for the purpose of shopping on this site or placing an order on this site and for no other purpose.  No materials from this site may be copied, reproduced, modified, republished, uploaded, posted, transmitted, or distributed in any form or by any means, without our prior written permission by SRC.  All rights not expressly granted herein are reserved.  Any unauthorized use of the materials appearing on this site may violate copyright, trademark and other applicable laws and could result in criminal or civil penalties.

 

Changes in Terms and Conditions

No verbal attempt by either SRC or Buyer to modify, waive or otherwise change these Terms and Conditions, will be effective or enforceable against SRC. However, SRC reserves the right to modify or update these Terms and Conditions, in writing, at any time without notice or prior notice of any modifications or updates.  For this reason, we encourage you to review these terms and conditions each time you visit this site.

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