Terms and ConditionsSales by Innovative Product Sales International “Seller” are governed by these Terms & Conditions, which may not be varied without the expressed written consent of the Seller. Our acceptance of your order is conditioned upon the application of these term and conditions to the order. Any terms and conditions that you may propose in connection with your order that are additional or different from these terms and conditions are hereby rejected.
1. PRICES: Prices are subject to change without notice and are exclusive of any shipping, handling, packaging or special request charges that might apply. Discounts are based on volume. All broken case volume is subject to a higher cost based on special packaging requirements.
2. TERMS OF DELIVERY: Seller’s products are sold ex-works, unless otherwise agreed to in writing. Risk of loss of Products shall pass to Buyer upon delivery to carrier at place of shipment. Title shall also pass to Buyer upon delivery.
3. TERMS OF PAYMENT: (Trade Only) Unless otherwise mutually agreed in writing, Seller’s terms for all Products sold are Net/30 days from invoice date (with approved credit). Accounts past due are subject to a 2% monthly late charge (24% per annum) on unpaid balance.
4. CLAIMS: a. Nonconforming orders: Buyer shall submit to Seller any and all claims for non conforming delivery of Products by written notice to Seller within 7 days of receipt of Products. Seller reserves the right to grant occasional acceptance of claims made beyond the 7 day period. b. Damages: Upon delivery of the Products, Buyer should examine the package for damage. Any damage should be noted on the carrier’s delivery receipt before signing. In the event of apparent or concealed damage or shortage, Buyer should retain all packaging and file a claim with the carrier. Seller is not responsible for damages after delivering products in good condition to the carrier.
5. RETURNS: To request a return please contact us by e-mail - [email protected] or by phone - 1-800-961-5804 x102 and include the order number and reason for request. If the return is a "damage" claim, please advise within 3 business days so we can initiate a claim with the carrier. No returns for "damage" will be accepted after 3 business days of receipt of goods. If the return is "defective", please e-mail photos if possible of the claim so we can document and offer quick resolution. In the event the return is damaged or defective, Seller will provide details on having the package returned. There is no restocking charge for any returns. If you ordered the item incorrectly or change your mind about an item, we will refund the purchase price of the unopened, restockable item, less shipping costs. Please be aware that when returning a product shipped via "Free Shipping", our actual outbound shipping costs will be deducted from your return. You will be responsible for the cost of returning the item. We will provide a Return Goods Authorization (RGA) number once the return is documented which will be used to identify the return. No returns will be accepted without an RGA# on the return package. Returned merchandise must be in first-quality, resalable condition and be shipped prepaid in its original packaging, packed within an outer shipping carton in order to receive a refund. No returns will be issued after 30 days. We do not accept returns on any special order items. For warranty claims, contact customer service - 1-800-961-5804 x102
6. WARRANTY- LIMITED LIFETIME - The nie wieder bohren mounting system carries a Lifetime Warranty and can be replaced on approved claims at no charge less S&H. If you have a claim contact us at [email protected] or 1-800-961-5804 x102. Please send images of the mounting system (glue side up) and image of the wall surface so that we can initiate a claim and also evaluate and provide tips on the issue. For all other parts, we offer a Lifetime Limited Warranty that if a product is confirmed upon inspection to be defective in materials or workmanship, Innovative Product Sales will either repair or replace the product or issue a refund if not available. Refunds will be for the original cost of the product only, less any shipping, handling, labor or associated costs. Buyer must have proof of purchase and have the product available for inspection to qualify for replacement. Seller will reserve the right to inspect prior to replacement or refund. Warranty claims do not include normal wear, improper use or installation errors. Seller warranty is limited to 1 year for commercial installations
a. Returned check: $75.00
b. Pallet charge: $5.00
8. FORCE MAJEURE: Seller shall not be liable for any delay in delivery or for non-delivery caused by the occurrence of any contingency beyond the control either of Seller or of suppliers to the Seller, including but not limited to failure or delay in transportation, acts of any government, judicial action, labor, fuel, raw material or machinery or technical failure.
9. CREDIT APPROVAL: Acceptance of your order and shipment and delivery of Products shall at all times be subject to the approval of Seller’s credit department. Seller may at any time decline to make any shipment or delivery except upon receipt of payment in advance or upon terms and conditions or security satisfactory to Seller. Seller is entitled to recover costs and attorney’s fees in the enforcement or defense of any rights under any order.
10. SELLER’S INTELLECTUAL PROPERTY: Buyer does not and shall not acquire ownership or any rights in Seller’s patents, inventions, technical data, copyrights, trademarks or other intellectual property rights under any order, regardless of when such patents, inventions, technical data or other intellectual property rights may be or have been issued, conceived, generated, or produced. All Seller patents, information, technical data, copyrights, trademarks and other intellectual property rights are reserved by Seller, and the same shall not be reproduced or used by Buyer for any purpose whatsoever without Seller’s written permission.
11. GOVERNING LAW: All orders shall be construed, interpreted and the rights of the parties determined in accordance with the laws of the state of North Carolina.
12. LIMITATIONS ON ACTIONS AND LIABILITY: The statute of limitations applicable to all Buyer’s claims arising under this agreement shall be one year from the date the claim accrues. In no event shall Seller be liable for incidental, indirect, special or consequential damages, whether based upon warranty, breach of contract, negligence, strict liability or any other legal theory.
13. ENTIRE AGREEMENT: These Terms and Conditions and Seller’s dealer policies published from time to time by Seller contain the entire agreement of the parties relating to the subject matter hereof and may not be waived, changed, modified, extended or discharged orally but only by agreement in writing and signed by the party against whom enforcement of any such waiver, charge, modification, extension or discharge is sought. If you have a current separate written dealer agreement with Seller (“Dealer Agreement”), the provisions of the Dealer Agreement will apply to all orders placed during the effective term of the Dealer Agreement, and to the extent that these Terms and Conditions conflict with the provisions of any such Dealer Agreement, the provisions of the Dealer Agreement will control.
14. WARRANTY TO RETAIL PURCHASER AND YOUR SERVICE REQUIREMENTS: We extend written warranties on our Products to your retail purchasers in accordance with the terms, conditions and limitations set forth in the Limited Warranty accompanying the Product or as published on our web site. Defective Products or defective parts of Products must be returned to the original Seller based on their returns policy. The Seller will require proof of purchase in order to receive replacement or credit from Innovative Product Sales. Seller will inspect to determine whether the Products are defective or has been damaged and otherwise excluded from warranty coverage. If the Product or part is found to be defective, Seller will replace it at no charge or issue credit for the original purchase price of the product (Sellers option). If it is determined that the Product has been damaged and/or is otherwise not covered by warranty, Seller will repair or replace it for a charge. Fulfillment of our warranty obligations to the retail purchasers identified in our Limited Warranty is our sole warranty obligation for our Products. You are not authorized to bind Seller to any warranty, representation or promise regarding the Products and you will defend and hold harmless Seller from any warranty, representation or promise that you or your agents make in respect of the Products.
15. INSTALLATION (where applicable for nie wieder bohren products) Proper maintenance is required to preserve all finishes. All products should be cleaned with a soft towel and mild soap and water mixture. Do not use any abrasive cleaners, detergents, polishes or any other harsh chemical as it may damage the finish. Proper detail must be followed in accordance with the manufacturer's installation instructions supplied with the products. If you experience any issues with installation, view our website for troubleshooting tips (www.nodrillingrequired.com). The adhesive system we use has been fully tested and is extremely strong provided the surface is properly prepared as noted in the "Surface Preparation" section. Be sure to clean your surface properly to ensure they are no scaling, chemicals, sealants, wax, grease or other debris which would cause the adhesive to not be able to directly bond to your surface. For hard scale removal it is recommended to first use a razor knife first to remove hard deposits. Mounting surface must also be flat to prevent continuous surface tension on the adhesive which can be damaging. A copy of the ADA testing document is available on request (Grab Bars are ADA compliant at 250lb rating per the ASTM specifications).