UPS Protection Terms and Conditions of Sale
PLEASE READ THESE TERMS AND CONDITIONS OF SALE (SALE AGREEMENT) 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 UPS Protection, INC., 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 UPS Protection, INC. 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 “UPS Protection, INC.” shall relate to UPS Protection, Inc. 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 UPS Protection, INC. relating to the purchase or sale of goods or services we offer. The Sale Agreement may only be modified or terminated with regard to goods or services that have been purchased or sold in a writing signed by UPS Protection, INC.
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 CALIFORNIA, WITHOUT REGARD TO CONFLICTS OF LAWS RULES. THE CUSTOMER CONSENTS TO THE JURISDICTION OF THE FEDERAL OR STATE COURTS LOCATED IN ORANGE COUNTY, CALIFORNIA FOR PURPOSES OF ANY SUIT, ACTION OR PROCEEDING ARISING OUT OF THIS SALE AGREEMENT.
Title-Risk of Loss
Title to goods herein being purchased passes to the purchaser upon delivery of the goods to the purchaser, unless otherwise specified. Loss or damage that occurs during shipping by a carrier selected by UPS Protection, INC. is UPS Protection, INC responsibility. Loss or damage that occurs during shipping by a carrier selected by Customer is Customer’s responsibility.
UPS Protection INC., 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 UPS Protection, INC. IN NO WAY AFFECTS THE TERMS OF THE MANUFACTURER’S WARRANTY, IF ANY.
Pricing and Information Disclaimer
All pricing subject to change without notice. For all prices, products and special offers, UPS Protection, INC. reserves the right to make adjustments due to changing market and inventory conditions, product discontinuation, manufacturer price changes, errors in advertisements and other extenuating circumstances.
While UPS Protection, INC. uses reasonable efforts to include accurate and up-to-date information on the Site, UPS Protection, INC. makes no warranties or representations as to the Site’s accuracy. UPS Protection, INC. assumes no liability or responsibility for any errors or omissions in the content on the Site.
Limitation of Liability
UPS Protection, INC. 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. UPS Protection, INC. 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, UPS Protection, INC. is not liable or responsible for any amount of damages.
Orders Payment Terms Taxes
Orders are not binding upon UPS Protection, INC. until accepted by UPS Protection, INC.. Terms of payment are within UPS Protection, INC.’s sole discretion. Invoices are due and payable within the time period noted on the invoice, measured from the date of the invoice. UPS Protection, INC. may invoice parts of an order separately. The Customer is responsible for any applicable sales and all other taxes associated with the order.
Freight Policy
All orders 150 pounds or less will be shipped via ground transportation within the 48 continental states and Canada unless other means are specified. Shipping and handling charges on all other orders vary based upon product weight and number of items ordered – UPS Protection, INC. will contact customer to offer our most current and competitive rates and shipping options available for orders over 150 lbs.. For the Customer’s protection, we ship only to an address that can be verified according to our standards. In some circumstances, international shipments to Canada may require additional tax import duties that are the sole responsibility of the customer.
Warranty Policy
UPS Protection, INC. offers a 1-2 YEAR limited replacement only warranty on all refurbished products sold from date of Invoice. ÊUPS Protection, INC. offers a 1 year limited replacement only warranty on all brand new battery kit products sold from date of Invoice. All products to be found defective by a UPS Protection, INC Technician within warranty period will be replaced by UPS Protection, INC. Customers must obtain a Return Merchandise Authorization (RMA) number before shipping your product back to UPS Protection, INC. Products being returned for replacement will not be accepted without a valid RMA number.
This limited warranty does not cover product against cosmetic imperfections or damage due to (1) acts of God, accident, misuse, abuse, negligence or modifications of this product, (2) improper operation or maintenance of this product, (3) connection to improper voltage supply, or (4) attempted repair by any party.
All NON-DEFECTIVE returns or incorrectly ordered products requesting credit are subject to RMA approval at the sole discretion of UPS Protection, INC and subject to a 20% percent restocking fee of total invoiced amount.
For faster service, please have the following information on hand when calling UPS Protection, Inc. customer services: customer name, invoice number, serial number(s). o Shipping charges on items to be returned are the customer’s responsibility; UPS Protection, INC. will pay for shipping on replacement item(s).
If you receive damaged merchandise, 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 UPS Protection, INC. to file a damage claim. Save the merchandise AND the original box and packing it arrived in, notify UPS Protection, INC. immediately to arrange for a carrier inspection and a pick up of damaged merchandise. If you do not notify UPS Protection, INC. of damaged goods within the first 15 days of arrival, our regular warranty policy will override any claim of damage. Contact Customer Service at 800.755.0080 to arrange for carrier inspection and a pick up of damaged merchandise. Items determined to be DEFECTIVE must be returned directly to UPS Protection, INC. within 30 days from RMA issuance date, to UPS Protection, INC’s for replacement or credit at the discretion of UPS Protection, INC. In instances where UPS Protection, INC cannot supply the equivalent replacement product purchased because of product availability, we will offer comparable alternative or credit refund upon receipt RMA product.
Check payment policy
UPS Protection, INC. will accept a cashiers check, money order, company check or personal check on all approved COD and pre-pay orders, subject to verification.
Credit Cards
Credit card charges are submitted upon receipt of order. UPS Protection, INC. does not apply any surcharge for credit cards. We will not share this information with anyone outside our company whatsoever except as required by law or when investigating abuses of our Acceptable Use Policy. Users may opt-out of receiving future email mailings upon ordering.