Terms And Conditions
ACCEPTANCE OF CONTRACT TERMS
By accessing this web site and/or purchasing products from us, you agree that you have read, understood and agree to be bound by all of the provisions set forth herein and below (collectively, the "Terms and Conditions"), all of which constitute an agreement between you and FittingConnection, LLC. The unenforceability of any one of the Terms and Conditions shall not affect the enforceability of any of the other Terms and Conditions. The terms and conditions on any quotation, order acknowledgment, invoice or other form you receive from FittingConnection, LLC are incorporated into these Terms and Conditions by reference. These Terms and Conditions constitute the exclusive agreement between you and FittingConnection, LLC, except as otherwise agreed in writing signed by us. Our failure to assert a right or insist upon compliance with any term or condition shall not constitute a waiver of that right or excuse any subsequent noncompliance.
These Terms and Conditions are effective as of March 15, 2012. We reserve the right to change our terms without notice and by posting a revision on this web site. The new terms go into effect at the time of posting.
Shipping rates to Lower 48 U.S. States Only (Alaska & Hawaii Excluded)
Flat rate $7.50 shipping for all items.
Free UPS ground shipping on orders over $99.00 (excluding applicable sales tax).
Shipping rates for Alaska & Hawaii
Actual cost of shipping will be invoiced. For a quotation, please contact us by phone or email.
There is no minimum order.
At this time we can only accept credit cards (American Express, Discover, MasterCard, Visa).
Orders Shipping to the lower 48 U.S. States (Alaska & Hawaii Excluded)
When an order shipping to any of the lower 48 U.S. states is placed, we will charge your credit card for the order total (includes shipping & applicable sales tax).
Orders Shipping to Alaska or Hawaii
When an order shipping to Alaska or Hawaii is placed, we will initially charge your credit card for your order subtotal plus any applicable sales tax. When your order ships, your credit card will be charged for the applicable shipping cost.
Orders using Buyer's Shipping Account
Buyer may choose to use their shipping account with a FittingConnection designated carrier. Designated carriers are identified on the check out page. If the shipping option chosen by the Buyer is not available, the next fastest shipping option will be chosen. A handling charge may apply to items using the Buyer's shipping account.
We do our best to maintain sufficient stock to ship orders complete. If we do not have enough product to meet your order we will ship what is available and leave the order open until we can fill the rest of the order.
DAMAGE AND SHORTAGE CLAIMS
Please be sure to count the cartons you sign for and note any damage on the bill of Lading. Open your order immediately to check for any concealed damage. If damaged, the original carton should be kept for possible carrier inspection. Shortage or damage claims need to be reported within 5 days of delivery. To process a claim, we need your invoice number. Once we ship an order it’s consigned to the carrier. Please note: THEY are responsible for any shortage or damage incurred - until you sign a clear bill of receipt. Usually, carriers will not honor a claim if they have a signed receipt from you.
Unused NON-DEFECTIVE items in packages with part numbers clearly identified and in resaleble condition are subject to a 25% restocking charge and must be returned within 30 days of delivery date. DEFECTIVE items, may be returned at FittingConnection.net discretion for credit or replacement. No cash refunds will be given.
To make a return, please follow the following process.
Contact us through the email contact form on this site. We will send you a remittance number and form for inclusion in the package. The form will ask you to include the following information with the returned merchandise.
• Customer Name
• Original order number
• Invoice number
• Nature of problem
Credit will be issued within 30 days after the returned product is received and if inspection and traceability requirements are met. Credit will be null and void after one year from credit date.
PRODUCT SELECTION AND USE
These products are intended for use by qualified, experienced professionals, and the selection of appropriate products for the intended use must be made by persons knowledgeable in this field.
PURCHASES; PRICES; PAYMENT
Prices, title and risk of loss are F.O.B. our warehouse. Published prices don't include taxes, duties or shipping and may be changed without notice. American Express, Discover, MasterCard, and Visa are accepted. Credit card arrangements are subject to change. We reserve the right to correct typographic errors and reject orders. Applicable law may prevent the sale of some products in your area.
LIMITED PRODUCT WARRANTY
Our only warranty obligation is to replace any item proved defective in material or workmanship. ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR PURPOSE, ARE DISCLAIMED.
Information about products is as provided by our supplier. We make no warranty or representation concerning that information. SOME PRODUCTS SOLD BY US CONTAIN INGREDIENTS KNOWN TO THE STATE OF CALIFORNIA TO CAUSE CANCER AND BIRTH DEFECTS OR OTHER REPRODUCTIVE HARM. UPON REQUEST, WE WILL FURNISH YOU WITH MATERIAL SAFETY DATA SHEETS FOR HAZARDOUS SUBSTANCES AS DEFINED BY OSHA AND A LIST OF PRODUCTS OR SUBSTANCES KNOWN BY THE STATE OF CALIFORNIA TO CAUSE CANCER OR REPRODUCTIVE HARM.
Items sold by us may not meet certain government procurement requirements (such as those imposed by the Buy American Act). Upon request, we will provide you with origin information. If you require other information or have other special needs, please contact Sales and Buyer Service.
COUNTRY OF IMPORTATION AND ANTI-DIVERSION
Buyer represents that it is purchasing products from the U.S. and importing them to the country specified in the buyer and FittingConnection, LLC web form. Buyer agrees that the products will be shipped to the specified destination in compliance with the laws of such destination and the U.S., and that the products will not be directly or indirectly sold, exported, transferred, assigned, used, or otherwise disposed of in a manner which may result in any non-compliance with applicable U.S. laws and regulations relating to the product purchased by buyer. Any commodities, technology and software will be exported from the U.S. in accordance with the U.S. Export Administration Regulations and other applicable laws or regulations. Diversion contrary to U.S. law is prohibited. If requested by FittingConnection, LLC, buyer shall provide documentation satisfactory to FittingConnection, LLC verifying delivery at the designated country. Buyer further agrees to inform FittingConnection, LLC at the time of order of any North American Free Trade Agreement or other special documentation, packaging or product marking or labeling, but FittingConnection, LLC shall not be responsible for providing any such documentation, packaging, marking or labeling other than such documents that are necessary under U.S. export laws and regulations for export, unless FittingConnection, LLC expressly agrees to do so.
PERMITS, EXPORT, AND IMPORT LICENSES
The buyer is responsible for obtaining any licenses or other official authorizations that may be required by the country of importation and/or under the Export Administration Regulations, International Traffic in Arms Regulations, Toxic Substances Control Act, or other applicable laws or regulations.
SALES OR USE TAX YOU MAY OWE TO YOUR STATE
Each State is governed by specific requirements for sales/use tax. The buyer is responsible for sales and use taxes.
NO OTHER REPRESENTATIONS OR WARRANTIES
WE MAKE NO REPRESENTATION OR WARRANTY THAT PRODUCTS OFFERED FOR SALE ON THIS WEB SITE ARE LEGAL, AVAILABLE OR APPROPRIATE FOR YOUR PURPOSES OR FOR USE IN YOUR COUNTRY OR REGION. YOU ARE RESPONSIBLE FOR COMPLIANCE WITH LAWS GOVERNING YOUR USE OF THESE PRODUCTS. THIS WEB SITE IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. YOU HAVE THE SOLE RESPONSIBILITY FOR ADEQUATE PROTECTION AND BACKUP OF DATA AND/OR EQUIPMENT USED IN CONNECTION WITH THIS WEB SITE. YOU AGREE TO HOLD FITTINGCONNECTION, LLC HARMLESS FROM, AND YOU COVENANT NOT TO SUE FITTINGCONNECTION, LLC FOR, ANY CLAIMS BASED ON USE OF THIS WEB SITE.
LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES SHALL FITTINGCONNECTION, LLC BE LIABLE IN CONTRACT, WARRANTY, TORT OR OTHERWISE FOR ANY SPECIAL, EXEMPLARY, INCIDENTAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM YOUR PURCHASE OF ANY PRODUCTS FROM US OR ANY USE OF, OR THE INABILITY TO USE, ANY CONTENT ON THIS WEB SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL OUR LIABILITY EXCEED THE PURCHASE PRICE OF THE PRODUCTS YOU PURCHASE FROM US.
You warrant, represent and agree: (1) to comply with all laws; (2) that our sale and shipment of any product ordered by you will not, by export thereof, your legal status or otherwise, cause us to violate any law; and (3) to indemnify us against any losses and costs incurred from a failure by you to comply with any law or these terms and conditions or from any unlawful use by anyone of any product ordered by you.
TRADEMARKS AND COPYRIGHTS
FittingConnection, LLC® is registered trademarks of FittingConnection, LLC. Trademarks, brands and names identified with products sold on this web site are the property of their respective owners, not FittingConnection, LLC. Unless otherwise indicated, all material on this site is subject to a copyright owned by FittingConnection, LLC, all rights reserved. Except as expressly permitted by us, nothing on this web site confers any license in any property right, including without limitation, any right in any trademark or copyright of FittingConnection, LLC or any third party. Please contact us if you desire information to confirm any product certifications referenced on this web site.
WEB SITE USE
GRANT OF LIMITED USE LICENSE
FittingConnection, LLC grants you a limited, nonexclusive, non-transferable license to access and use this web site only in accordance with and for the purposes set forth in these Terms and Conditions. You do not have permission to access or use this web site in any way or for any purpose that involves a violation of these Terms and Conditions. FittingConnection, LLC retains the right to terminate your limited use license at will, at any time.
OWNERSHIP; SCOPE OF LICENSE
This web site is intended only for your use in deciding whether to purchase products from us and in purchasing products from us. You may access and make a limited number of copies of the frames or pages only as needed for this limited purpose. All title, ownership and other rights in and to this web site are owned or licensed from a third party by FittingConnection, LLC. Any unauthorized use, change of information, or interference with the availability of, access to proper working of or security measures on this web site is strictly prohibited.
DOWNLOADING; OTHER USE
Unless expressly permitted by us, any downloading, copying, mirroring, archiving, intercepting or redirecting of content from any part of this web site is strictly prohibited. Even if permitted by us, any other information from this web site does not give you title or any other rights thereto. Redistribution, making a derivative work from and any other commercial exploitation of any content on this web site or of any software you download from this web site are expressly prohibited. Using bots, spiders, other indexing agents or any other device to copy any part of this web site or use of any technology or other means to hide your identity when accessing this web site are also strictly prohibited. You agree you will impose only that load on this web site which is necessary for your use in deciding whether to purchase products from us and in purchasing products from us.
Any ideas you disclose to us shall be deemed the property of FittingConnection, LLC. We are free to use any such disclosure for any purpose and in any media without compensation, and you warrant that all "moral rights" in any such disclosure have been waived. FittingConnection, LLC reserves the right to regulate all content provided by third parties on this web site, but we are not responsible for that content. When participating in interactive portions of this web site, you represent that you have the right to use any information or content you upload or post and agree to abide by the following rules: (1) you will not provide infringing, defamatory, obscene, threatening, abusive, illegal or otherwise improper content; (2) you will not upload viruses or harmful components; (3) you will not use the web site to further any unlawful purpose or to violate the rights of any party; and (4) you will not provide content for a commercial purpose.
JURISDICTION AND CHOICE OF LAW
These Terms and Conditions shall be governed by and construed in accordance with the laws of the State of Kansas applicable to contracts made and to be performed in Kansas, without giving effect to conflict of law principles, and applicable federal law. Any personal information submitted will be subject to these laws, not those of any jurisdiction outside of the United States. You irrevocably consent to the exclusive jurisdiction of the courts located in Overland Park, Kansas in connection with any action arising out of or related to these Terms and Conditions or this web site. Notwithstanding the foregoing, proceedings to enforce the result of any such adjudication may be brought in any applicable forum.
Fitting Pro, LLC
6014 W 295th St
Louisburg, KS 66053-5115
United States of America