TERMS AND CONDITION OF SALE
PLEASE READ THESE TERMS AND CONDITIONS OF SALE ("SALES 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 OLDE MILL CABINET SHOPPE. 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 OLDE MILL CABINET SHOPPE. 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 "OLDE MILL CABINET SHOPPE" shall relate to OLDE MILL CABINET SHOPPE 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 OLDE MILL CABINET SHOPPE 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 OLDE MILL CABINET SHOPPE. 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 OLDE MILL CABINET SHOPPE 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.
THIS AGREEMENT AND ANY SALES HEREUNDER SHALL BE GOVERNED BY THE LAWS OF THE STATE OF PA, WITHOUT REGARD TO CONFLICTS OF LAWS RULES. THE CUSTOMER CONSENTS TO THE JURISDICTION OF THE FEDERAL OR STATE COURTS LOCATED IN YORK COUNTY, PA 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 OLDE MILL CABINET SHOPPE is OLDE MILL CABINET SHOPPE'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).
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
OLDE MILL CABINET SHOPPE 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 OLDE MILL CABINET SHOPPE IN NO WAY AFFECTS THE TERMS OF THE MANUFACTURER'S WARRANTY, IF ANY.
Pricing and Information Disclaimer
All pricing subject to change. For all prices, products and offers, OLDE MILL CABINET SHOPPE reserves the right to make adjustments due to changing market conditions, product discontinuation, manufacturer price changes, errors in advertisements and other extenuating circumstances. While OLDE MILL CABINET SHOPPE uses reasonable efforts to include accurate and up-to-date information on the Site, OLDE MILL CABINET SHOPPE makes no warranties or representations as to the Site's accuracy. OLDE MILL CABINET SHOPPE assumes no liability or responsibility for any errors or omissions in the content on the Site.
Limitation of Liability
OLDE MILL CABINET SHOPPE 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. OLDE MILL CABINET SHOPPE 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, OLDE MILL CABINET SHOPPE 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.
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), OLDE MILL CABINET SHOPPE's advertising, or any related purchase SHALL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION in effect at the time the claim is filed. Any dispute relating in any way to your to products you purchase through OLDE MILL CABINET SHOPPE shall be submitted to confidential arbitration in York, PA, except that, to the extent you have in any manner violated or threatened to violate OLDE MILL CABINET SHOPPE's sales policy rights,
OLDE MILL CABINET SHOPPE may seek injunctive or other appropriate relief in any state or federal court in the state of York, PA, and you consent to exclusive jurisdiction and venue in such courts. Arbitration under this agreement shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrators award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise. Each party shall bear its own cost of any legal representation, discovery, or research required to complete arbitration. 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 OLDE MILL CABINET SHOPPE until accepted by OLDE MILL CABINET SHOPPE. Terms of payment are within OLDE MILL CABINET SHOPPE's sole discretion. Invoices are due and payable within the time period noted on the invoice, measured from the date of the invoice. OLDE MILL CABINET SHOPPE 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. Your purchase of any products implies your understanding of use and acceptance of full responsibility for safety and health issues potentially resulting from the use of any product.
A 10% discount is available on Behlen products when ordering in case quantities. When placing an order, please state if it is for a business address or a residential address. We must differentiate Business Delivery from Residential Delivery for Federal Express. FedX charges $1.40 more for residential deliveries, even if the business is in your name. We will assume your address is Residential if not stated otherwise. Also, please differentiate your Business Name from Personal, especially on payments. If your business uses Purchase Order Numbers, kindly provide them at the time of ordering. We must have a Tax Exempt form on file for Pennsylvania Tax Exempt orders. Master Card, Visa, Discover, Money Orders, Personal & Business Checks (US Funds ONLY) or COD are accepted. COD's incur an extra charge above and beyond other shipping charges, these depend on what we are charged. Certificates are also available.
Shipping and handling charges on all orders vary. A preferred or selected shipping method may not be available for all items per order. For example, selecting the US Postal Service (as the preferred shipping method) may not be an available option for hazardous material items due to carrier rules and regulations. Unless otherwise selected or requested, our policy is to ship all orders via the least expensive way for the customers convenience. Please contact your OLDE MILL CABINET SHOPPE account manager for our most current and competitive rates, options and shipping specials. For the Customers protection, we ship only to the verified billing address of the Customers credit card. All orders generally take 2-3 business days to process and ship. Exceptions include but are not limited to: limited supply, out of stock items, backordered items, special order/hard to get items, supplier delays, shipping carrier delays, etc. We will ship multiple item orders in their entirety. Requests for partial order (items on hand) shipment can be made during checkout.
The following refund policy applies to all products except those stating their own refund policy with the product description:
We back our products. If you are not satisfied, goods may be returned with prior approval. We reserve the right to deduct freight and handling charges and to assess a 15% restocking fee. Unused products only. No return of books or tools. All returns must be made within 15 days of our shipping and received back to us in good condition. For further information not listed, please contact your OLDE MILL CABINET SHOPPE account manager.
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.
You are responsible for all shipping charges on returned items.
OLDE MILL CABINET SHOPPE 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
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 OLDE MILL CABINET SHOPPE to file a damage claim. Save the merchandise AND the original box and packing it arrived in, notify OLDE MILL CABINET SHOPPE immediately to arrange for a carrier inspection and a pick up of damaged merchandise. If you do not notify OLDE MILL CABINET SHOPPE 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 your OLDE MILL CABINET SHOPPE account manager at 717-755-8884.
DEFECTIVE returns can be returned directly to OLDE MILL CABINET SHOPPE within 15 days from the invoice date, at OLDE MILL CABINET SHOPPE's discretion for: credit, replacement, exchange or repair.
NON-DEFECTIVE returns can be accepted directly by OLDE MILL CABINET SHOPPE within 15 days from the invoice date, at OLDE MILL CABINET SHOPPE's discretion for: credit, exchange. All NON-DEFECTIVE returns are subject to a 15% percent restocking fee.
NON-REFUNDABLE: Plans/Measured Drawings, books and tools.