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Terms
and Conditions
1. Purchase
& Sale
Usage of any of the Climate Control Systems websites (hearthtools.com,
Aireze.com, allmist.com, Climatecontrolsystem.org and surfus.com) will
constitute acknowledgement and agreement of the Terms & Conditions as described
on the document. By placing an order through any of Climate Control Systems
websites you consent and agree to all the terms and conditions contained in this
document.
2. Purchase
Price
Our website(s) listed prices do not include
value-add, sales, use, excise or other similar applicable taxes. Buyers shall
pay the total purchase price plus applicable shipping, handling, value-add, and
any sales, use, excise or other similar taxes resulting from the purchase of
products.
Shipments OUT SIDE OF THE USA
Climate Control Systems will not be responsible for Foreign Duty
tax/Brokerage Fee if any. Fees will need to be paid at Pickup location by the
consumer.
3. Order Acceptance Policy (right to refuse service)
Your online receipt or other form of order confirmation does not signify
our acceptance of your order, nor does it constitute confirmation of our offer
to sell. Climate Control Systems reserves the right at any time after receipt
of your order to accept or decline your order for any reason. All orders
placed must obtain pre-approval with an acceptable method of payment, as
established by our credit and fraud avoidance department. We may require
additional verifications or information before accepting any order. A credit
card dispute charge is not acceptable. If there is anything wrong with the
merchandise, please contact customer service for more information.
4. Order
Processing Time
Climate Control Systems tries to expedite all orders. Orders usually ship within
12-48 business hours. We do not guarantee all orders will be shipped according
to our usual process due to back orders, out of stock and/or credit card
verification. For Special orders, after your order passes credit verification,
please allow 1-3 weeks for the product to be sent to Climate Control Systems.
Please be aware that there are conditions such as back ordered Product and
trouble shooting which can delay the ship date for your order. Orders will not
be processed on our non working days and holidays. Please keep in mind that for
orders being sent to an address other than the billing address, verification of
the alternate address will need to be confirmed prior to the release of the
order. This may cause delays in order processing time.
5. Title,
Risk of Loss and Damage
Unless otherwise specified in writing in this document, the shipping terms are
FOB shipping point. Title and risk of
loss and damage to the product(s) shall pass to you upon delivery of products to
the carrier at shipping point. You need to notify Climate Control Systems upon
receipt of the goods for any claims resulting from goods damaged, tampered,
and/or loss in transit. Climate Control Systems will file a shipping claim with
the carrier.
6.
Inspection
You as the buyer are liable for inspection of the product(s) upon delivery. You
will need to notify Climate Control Systems of any defects or discrepancies in
the products as delivered within seventy-two (72) hours of delivery. Without
such notification, it will be deemed that you have accepted the product(s) as
delivered.
7. Product
Warranty - Component
Most products found Defective On Arrival (DOA) within
30 days from the invoice date may be returned for replacement. You are liable
for the freight charges for sending any items back to Climate Control Systems
for replacement. Climate Control Systems reserves the right to replace defective
parts with equivalent parts, new or re-conditioned, as we deem necessary.
Products that are found defective after thirty (30) days CAN NOT be Returned
Unless otherwise NOTED at time of sale of product. Defective Control boards MUST
be returned within 7 days from the invoice date in authorized by Climate Control
Systems.
Excludes:
Products that have been subjected to abuse, misuse,
alteration, neglect or unauthorized repair, installation, additions,
improvements, attachment shall be deemed to be a waiver of product warranty and
shall render this warranty null and void. Climate Control Systems will return
such out of warranty products to you at your expense.
Repaired or replaced products shall be returned to you via Ground Service within
the 48 contiguous United States, freight prepaid by you. You will be liable for
any additional charge as a result of upgrading the shipping method per your
request.
Climate Control Systems MAKES NO OTHER WARRANTIES, EXPRESSED OR IMPLIED,
INCLUDING ANY WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE OR OF
MERCHANTABILITY. IN NO EVENT SHALL Climate Control Systems BE LIABLE FOR
INDIRECT, SPECIAL OR CONSEQUESTIAL DAMAGES SUCH AS LOSS OF PROFIT OR BUSINESS
OPPORTUNITIES, AND IN NO EVENT SHALL Climate Control Systems LIABILITY EXCEED
THE PURCHASE PRICE OF THE PRODUCT(S).
9. Return
Policies –
Climate Control Systems
will not accept any product(s) for any type of return unless covered by a
written return authorization issued by Climate Control Systems. You will be
liable for any applicable miscellaneous charges listed below. All products
returned must be in resalable condition.
Climate Control Systems does not accept any
liability for any products not purchased through
Climate Control Systems, which are returned in conjunction with products
or components being sent for repair, replacement, or refund. You shall be held
liable for any additional shipping charge associated with sending such items
back to you.
Shipping, handling, insurance, labor, service/finance charges are not
refundable.
Custom order parts are non-refundable.
Shipments OUT SIDE OF THE USA
Climate Control Systems will not refund Shipping or Foreign Duty
tax/Brokerage Fee if any on Return orders.
Within 30
days from invoiced date:
Non-Defective products can be
returned with original packaging box unopened and in resalable condition. 15%
restocking fee will apply for return for credit/exchange. No returns for
non-defective product will be accepted once the original packaging box is
opened.
Defective products can be returned with the original packaging box in resalable
condition and complete accessories. 15% restocking fee will apply for return for
credit/exchange. No returns will be accepted for defective products if the
original packaging is damaged and/or missing accessories.
See each sites return policy
for more information
10. Return
Merchandise Procedure
All products returned must be identified with a RMA number issued by Customer
Service representative at Climate Control Systems.
Products returned to Climate Control Systems
without a RMA number will be considered an unauthorized return.
Climate Control Systems may choose, at its
discretion, to refuse to accept the unauthorized return(s). You will be held
liable for any charges associated with sending any unauthorized returned
product(s) back to you Climate Control Systems
is not responsible for any loss or damage of unauthorized return products.
Return product to
Climate Control Systems:
1. Obtain a
Return Merchandise Authorization (RMA) number Please fill out the RMA form
linked on each of our websites Return policy page.
2. Fill out the RMA form completely by providing the invoice number,
date, serial number and reason for return.
3. A RMA number will be issued via email within 24-48 business hours,
valid for 15 days.
RMA number will be void if
Climate Control Systems does not
receive the returned product within 15 days from the RMA issued date.
Return Merchandise Shipping
Instruction
1. Freight must be prepaid and insured by customer.
2. Valid RMA number must be clearly marked on shipping label or outside
of packing box.
3. Original packaging with complete accessories, including cables,
manuals and drivers will need to be returned, unless otherwise instructed by an
Climate Control Systems
RMA representative. Please do not write on original packaging.
If the customer does not comply with the above listed requirements, customer may
be subject to a service charge and possible delay of RMA processing. The
remaining product warranty may be deemed void and null at
Climate Control Systems
discretion.
Return products may be shipped back to you un-repaired, and
subject to various charges under the following circumstance:
a.
$30.00 charge plus return freight:
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Products that were not purchased from Climate Control Systems;
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Products with void warranty due to unauthorized addition/deletion/alteration
of parts;
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Return without proper authorization, documentation, packaging, and
accessories.
b.
$25.00 testing fee plus $15.00 handling, and return freight for returned
component products with no defect found.
c. $45.00 testing fee plus $15.00 handling, and return freight for return
system products with no defect found.
d.$65.00 labor charge per hour, plus parts and return freight for
repairing products that are out of warranty for any reason.
For products returned to
Climate Control Systems
after 30 days from invoice date, and covered by manufacturer warranty,
Climate Control Systems
will assist customer to forward return products to manufacturer for
warranty service.
11. Damaged On Arrival
Climate Control Systems
packages all products sold with extreme care. Any
product damaged in transit as a result of improper handling by carrier must be
reported within 48 hours from the time of receipt per following guidelines: Upon
product arrival, notify carrier as soon as you notice any physical damage of
products and packaging box to preserve any claim right against the carrier.
Notify Climate Control Systems within 48 hours
via email or telephone, between the hours of
9AM
to 5PM
(PST), Tuesday through Friday.
Email address: Tracking@climatecontrolsystems.org.
In cases of physical damage by the carrier, you need to keep the merchandise in
the original packing materials for claim purposes. Climate Control Systems
will instruct you on the necessary procedures to
follow. Climate Control Systems will send a
replacement after the claim has been settled. Replacement will be sent via
Ground Service, unless otherwise requested, in which case you will be liable for
any added charges resulting from upgrading the shipping method.
12.
Unauthorized Returns & Refuse Shipments
If customer wrongfully refuses to accept the product(s), or return product(s)
without legal excuse or authorization, you will be held liable, as liquidated
damages and in lieu of the enforcement of this contract, a sum equal to 15% of
the sales price, plus any shipping and handling charges incurred. Climate
Control Systems
may choose, at its discretion, to refuse to accept
the unauthorized returns. You will be held liable for any charges associated
with sending any unauthorized returned product(s) back to you. Climate Control
Systems is not responsible for any loss or
damage for unauthorized refused/return products.
13. Cancel
Orders -
You may request a cancellation of your order, provided the order has not been
released to our warehouse.
Please call during our business hours to cancel your order. Please do not
request cancellation order via email, as we may not receive it in time. If your
account has already been charged, you will receive a credit back to your account
within approx. 3-5 business days.
14. Back
Orders - Component & System Orders
Climate Control Systems
will notify you by email with the ETA (Estimated Time
of Arrival). Your order will be shipped within 24 business hours after we
receive the stock. Items that are back ordered or unavailable can cause delays.
We will email the customer to recommend an alternate choice if for some reason
the initial component selected is no longer available or discontinued.
15.
Change Orders - Component & System Orders
You may request a change order, provided the order has not been released to our
warehouse.
Please call or email during business hours to change your order.
16.
Order Status
Climate Control Systems
will do everything possible to keep you informed of
your order via e-mail. Your tracking number will be emailed to you once the item
is shipped.
17.
Shipping
Due to UPS and FedEx’s
limitations on service, Climate Control Systems
does not ship to P.O. Box addresses. Climate Control
Systems reserves the right to ship orders from
other locations besides our main warehouse. With this in mind, we do not
guarantee that your order will arrive before the normal scheduled time that you
choose for your shipping method. Please note that we only ship on weekdays.
Shipments OUT SIDE OF THE USA
Climate Control Systems will not be responsible for Foreign Duty
tax/Brokerage Fee if any. Fees will need to be paid at Pickup location by the
consumer.
18.
Jurisdiction and Venue
You agree that any legal action brought against Climate Control Systems. shall
be governed by the laws of the State of
California
without regard to its conflict of law principles. You agree that the sole
jurisdiction and venue for any litigation arising from your use of or orders
made on the Climate Control Systems websites shall be an appropriate federal or
state court located Madera County California.
19.
Miscellaneous
Climate Control Systems
may revise these terms and conditions at any time by
updating the Climate Control Systems website(s).
By using Climate Control Systems websites, you agree to be bound by the terms
hereof and by any such revisions. This document supersedes all prior agreements,
whether oral or written, and shall not be amended except by Climate Control
Systems. Climate Control Systems employees or
affiliates have no authority to make representations, warranties or promises
that are not contained in this document. The failure of Climate Control Systems
to enforce at any time or for any period of time the
terms of this document shall not be construed as a waiver of such terms or the
right to enforce each term contained herein, thereafter.
If a court of competent jurisdiction holds any terms contained in this document
invalid, such holding shall not affect the validity of any other term. This
document and all questions of interpretation, performance, enforcement and the
rights and remedies of the parties hereunder shall be determined in accordance
with the laws of the State of
California, USA. Any legal action
or proceeding arising from or relating to this document or the transaction
described herein shall be brought and maintained in state court in Madera
County, California or in the Federal District Court for the Northern District of
California, and the parties consent to the jurisdiction of these courts. No
action, regardless of form, arising out of or related to the transaction
described in this document may be brought by either party more than one year
after the cause of action arises, or in the case of non-payment, more than two
years after the date of this document.
The foregoing Terms and Conditions of Sales are current as of
2/01/2007
and are subject to change by Climate Control Systems. at any time without
notice.
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