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THETONYRYAN.COM
Terms and Conditions of Sale
THE TERMS AND CONDITIONS OF SALE ARE LIMITED TO THOSE CONTAINED HEREIN.
ANY ADDITIONAL OR DIFFERENT TERMS IN ANY FORMS DELIVERED BY CUSTOMER ARE
HEREBY DEEMED TO BE MATERIAL ALTERATIONS AND NOTICE OF OBJECTION TO THEM
AND REJECTION OF THEM IS HEREBY GIVEN.
BY ACCEPTING DELIVERY OF THE PRODUCTS AND SERVICES DESCRIBED IN THETONYRYAN.COMS
INVOICE OR OTHER THETONYRYAN.COM DOCUMENTATION, CUSTOMER AGREES TO
BE BOUND BY AND ACCEPTS THESE TERMS AND CONDITIONS OF SALE UNLESS
CUSTOMER AND THETONYRYAN.COM HAVE SIGNED A SEPARATE AGREEMENT, IN
WHICH CASE THE SEPARATE AGREEMENT WILL GOVERN.
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Important Information About These Terms and Conditions of
Sale
These terms and conditions of sale constitute a binding contract between you
("Customer") and THETONYRYAN.COM. Customer accepts these terms
and conditions of sale by making a purchase, placing an order or otherwise
shopping on THETONYRYAN.COMs Website (the "Site"). These terms
and conditions of sale are subject to change without prior notice, except that
the terms and conditions of sale posted on the Site at the time Customer
initially places or modifies an order will govern the order in question.
These terms and conditions of sale constitute the entire agreement between
Customer and THETONYRYAN.COM relating to the terms and conditions of sale
of products and services on the Site. Customer consents to receiving electronic
records, which may be provided via a Web browser or e-mail application connected
to the Internet; individual consumers may withdraw consent to receiving
electronic records or have the record provided in non-electronic form by
contacting THETONYRYAN.COM at the address provided below.
Customer may issue a purchase order for administrative purposes only. Additional
or different terms and conditions contained in any such purchase order will be
null and void. Customer agrees that the terms and conditions of sale contained
herein and in THETONYRYAN.COM’s invoice or other documentation will
control. No course of prior dealings between the parties and no usage of trade
will be relevant to determine the meaning of these terms and conditions of sale
or any purchase order or invoice related thereto.
Governing Law
THESE TERMS AND CONDITIONS OF SALE AND ANY SALE HEREUNDER WILL BE GOVERNED BY
THE LAWS OF THE STATE OF NORTH CAROLLINA, WITHOUT REGARD TO CONFLICTS OF LAWS
RULES. ANY ARBITRATION, ENFORCEMENT OF AN ARBITRATION OR LITIGATION WILL BE
BROUGHT IN PITT COUNTY, NORTH CAROLINA AND CUSTOMER CONSENTS TO THE JURISDICTION
OF THE FEDERAL AND STATE COURTS LOCATED IN PITT COUNTY, NORTH CAROLINA AND
SUBMITS TO THE JURISDICTION THEREOF AND WAIVES THE RIGHT TO CHANGE VENUE.
CUSTOMER FURTHER CONSENTS TO THE EXERCISE OF PERSONAL JURISDICTION BY ANY SUCH
COURT WITH RESPECT TO ANY SUCH PROCEEDING.
Title; Risk of Loss
If Customer provides THETONYRYAN.COM with Customer’s carrier account
number or selects a carrier other than a carrier that regularly ships for THETONYRYAN.COM,
title to products and risk of loss or damage during shipment passes from THETONYRYAN.COM
to Customer upon shipment from THETONYRYAN.COM’s facility. For all other
shipments, title to products and risk of loss or damage during shipment passes
from THETONYRYAN.COM to Customer upon receipt by Customer. Notwithstanding
the foregoing, title to software will remain with the applicable licensor(s) and
Customers rights therein are contained in the license agreement between such
licensor(s) and Customer. THETONYRYAN.COM retains a security interest in
the products until payment in full is received. Customer will be responsible for
all shipping and related charges.
Export Sales
If this transaction involves an export under the Export Administration
Regulations, the commodities, technology and/or software sold or distributed
under these terms and conditions of sale exported from the United States by THETONYRYAN.COM
were exported in accordance with the Export Administration Regulations.
Diversion, use, export or re-export contrary to United States law is prohibited.
The commodities, technology and/or software sold or distributed under these
terms and conditions of sale may not be exported or re-exported to Cuba, Iran,
Iraq, Libya, Sudan, North Korea or Syria or to entities and persons that are
ineligible under United States law to receive United States commodities,
technology and/or software. In addition, manufacturers warranties for exported
products may vary or may be null and void for products exported outside the
United States.
Warranties
Customer understands that THETONYRYAN.COM is not the manufacturer of the
products purchased by Customer hereunder and the only warranties offered are
those of the manufacturer, not THETONYRYAN.COM. In purchasing the
products, Customer is relying on the manufacturers specifications only and is
not relying on any statements, specifications, photographs or other
illustrations representing the products that may be provided by THETONYRYAN.COM
or its affiliates. In connection with services, neither affiliates of THETONYRYAN.COM
nor third party service providers are agents of THETONYRYAN.COM and THETONYRYAN.COM
has no obligation or liability arising from any services performed by or any
warranty, if any, made by, such service providers. THETONYRYAN.COM AND ITS
AFFILIATES HEREBY EXPRESSLY DISCLAIM ALL WARRANTIES EITHER EXPRESS OR IMPLIED,
RELATED TO PRODUCTS SOLD OR SERVICES PROVIDED BY THIRD PARTIES OR AFFILIATES OF THETONYRYAN.COM,
INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A
PARTICULAR PURPOSE, OR WARRANTY OF NONINFRINGEMENT. THIS DISCLAIMER DOES NOT
AFFECT THE TERMS OF THE MANUFACTURERS WARRANTY, IF ANY.
Pricing Information; Availability Disclaimer
All pricing is subject to change. THETONYRYAN.COM reserves the right to
make adjustments to pricing, products and service offerings for reasons
including, but not limited to, changing market conditions, product
discontinuation, product unavailability, manufacturer price changes and errors
in advertisements. All orders are subject to product availability. Therefore, THETONYRYAN.COM
cannot guarantee that it will be able to fulfill Customer’s orders.
Limitation of Liability
NEITHER THETONYRYAN.COM NOR ITS AFFILIATES WILL BE LIABLE FOR LOST
PROFITS, LOSS OF BUSINESS OR ANY CONSEQUENTIAL, SPECIAL, INDIRECT OR PUNITIVE
DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY
ANY THIRD PARTY. NEITHER THETONYRYAN.COM NOR ITS AFFILIATES WILL BE LIABLE
FOR PRODUCTS NOT BEING AVAILABLE FOR USE OR FOR LOST OR CORRUPTED DATA OR
SOFTWARE OR THE PROVISION OF SERVICES BY THIRD PARTIES. CUSTOMER AGREES THAT FOR
ANY LIABILITY RELATED TO THE PURCHASE OF PRODUCTS OR SERVICES PROVIDED BY THETONYRYAN.COM
OR ITS AFFILIATES, NEITHER THETONYRYAN.COM NOR ITS AFFILIATES WILL BE
LIABLE OR RESPONSIBLE FOR ANY AMOUNT OF DAMAGES IN EXCESS OF THE LESSER OF: (A)
THE DOLLAR AMOUNT PAID BY CUSTOMER FOR THE PRODUCT(S) OR SERVICE(S) GIVING RISE
TO THE CLAIM; OR (B) $50,000.
THETONYRYAN.COM will not be responsible for any delays in delivery which
result from any circumstances beyond its control, including without limitation,
product unavailability, carrier delays, delays due to fire, severe weather
conditions, failure of power, labor problems, acts of war, terrorism, general
insurrection, acts of God or acts of any government or agency. Any shipping
dates provided by THETONYRYAN.COM are estimates only.
Third Party Services
Customer acknowledges and agrees that, in some instances, THETONYRYAN.COM
and its affiliates are resellers of services and are not the provider of those
services. In those cases, the third party service provider is the only party
responsible for providing services to Customer. In those cases, Customer will
look solely to the third party service provider for any loss, claims or damages
arising from or relating to the purchase or provision of such services. Customer
hereby releases THETONYRYAN.COM and its affiliates from any and all claims
arising from or relating to the purchase or provision of any such services by
third party service providers. Services may be subject to tax.
Arbitration
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 the products
or services sold pursuant to these terms and conditions of sale, the
interpretation or application of these terms and conditions of sale or the
breach, termination or validity thereof, the relationships which result from
these terms and conditions of sale (including, to the full extent permitted by
applicable law, relationships with third parties who are not signatories
hereto), or THETONYRYAN.COMs advertising and marketing (collectively, a
“Claim”) WILL BE RESOLVED, UPON THE ELECTION OF THETONYRYAN.COM,
CUSTOMER OR THIRD PARTIES INVOLVED, EXCLUSIVELY AND FINALLY BY BINDING
ARBITRATION. If arbitration is chosen, it will be conducted pursuant to the
Rules of the American Arbitration Association, with offices in Chicago,
Illinois. If arbitration is chosen by any party with respect to a Claim, neither
THETONYRYAN.COM nor Customer will have the right to litigate that Claim in
court or to have a jury trial on that Claim or to engage in pre-arbitration
discovery, except as provided for in the applicable arbitration rules or by
agreement of the parties. Further, Customer will not have the
right to participate as a representative or member of any class of claimants
pertaining to any Claim. Notwithstanding any choice of law provision
included in these terms and conditions of sale, this arbitration agreement is
subject to the Federal Arbitration Act (9 U.S.C. §§ 1-16). The arbitration
will take place in Chicago, Illinois. Any court having jurisdiction may enter
judgment on the award rendered by the arbitrator(s). Each party will bear its
own cost of any legal representation, discovery or research required to complete
arbitration. The existence or results of any arbitration will be treated as
confidential. Notwithstanding anything to the contrary
contained herein, all matters pertaining to the collection of amounts due to THETONYRYAN.COM
arising out of sales hereunder will be exclusively litigated in court rather
than through arbitration.
Orders; Payment Terms; Interest; Taxes
Orders are not binding upon THETONYRYAN.COM until accepted by THETONYRYAN.COM.
Terms of payment are within THETONYRYAN.COMs sole discretion. Invoices
are due and payable within the time period specified on the invoice, measured
from the date of invoice. THETONYRYAN.COM may invoice Customer separately
for partial shipments. Customer agrees to pay interest on all past-due sums at
the lower of one and one-half percent (1 1/2%) per month or at the highest rate
allowed by law. Customer is responsible for, and will indemnify and hold THETONYRYAN.COM
harmless from, any applicable sales, use, transaction, excise or similar taxes
(but not taxes imposed or measured by THETONYRYAN.COMs net income), and
from any federal, state or local fees or charges (including, but not limited to,
environmental or similar fees), imposed on, in respect of, or otherwise
associated with the order. Customer must claim any exemption from such taxes,
fees or charges and must provide THETONYRYAN.COM with the necessary
supporting documentation at the time of purchase. Any sales, use or other
applicable tax or fees or assessments is based on the location to which the
order is shipped. In the event of a payment default, Customer will be
responsible for all of THETONYRYAN.COMs costs of collection, including
court costs, filing fees and attorneys fees.
Return Privileges
- Please contact THETONYRYAN.COM Customer Relations at 252-347-9608 9
a..m-5p.m. EST or via email at orders@THETONYRYAN.COM,
to obtain a Return Merchandise Authorization (RMA) before shipping product
back to THETONYRYAN.COM. This will expedite and help ensure the proper
action or credit upon processing.
- In order to expedite a return, please have the following information on
hand when requesting an RMA number: Customer number, invoice number, serial
number, reason for return, action to take (replacement/repair/return/credit)
and whether the box has been opened or is manufacturer sealed. Click here to
request an RMA online.
- Please return all products 100% complete including all original
manufacturer boxes with the UPC code and packing materials, all manuals,
blank warranty cards, accessories and any other documentation included with
the original shipment. RMA approval is contingent upon, among other things,
the products being 100% complete.
- Customer is responsible for shipping charges to THETONYRYAN.COM’s
distribution center for all products being shipped for return, exchange or
replacement. Products exchanged or replaced will be shipped by THETONYRYAN.COM
to Customer, at THETONYRYAN.COMs expense, using the same shipping
method as was used by Customer to ship the original products back to THETONYRYAN.COM.
If the carrier selected by Customer is not used by THETONYRYAN.COM, a
comparable shipping method will be selected.
- Customer is responsible for all risk of loss and damage to products being
shipped for return, exchange or replacement. Please fully insure return
shipment in case of loss or damage. Please use a carrier that is able to
provide you with proof of delivery such as UPS, Federal Express or Airborne
Express. This is for your protection as well as to ensure quick action on
your return.
- Return privileges vary by manufacturer. Please contact THETONYRYAN.COM
Customer Relations at sales@THETONYRYAN.COM
for details.
- Return shipping address:
THETONYRYAN.COM
Attn: Returns Department
(Place your RMA number on this line)
209 S. Baywood Lane
Greenville, NC 27858
Failure to return a product within the applicable return period will be deemed
to be an acceptance of the product.
Damaged Products
If Customer receives damaged products, please refuse the products upon original
delivery attempt. If damaged products are accepted from the carrier, such damage
should be noted on the carrier delivery record. Please save the product and the
original box and packaging and notify THETONYRYAN.COM immediately to
arrange for a carrier inspection and a pick up of damaged products. Please
notify THETONYRYAN.COM Customer Relations at sales@THETONYRYAN.COM
of damaged products WITHIN THE FIRST 10 DAYS of receipt. Timely receipt of this
information is necessary for THETONYRYAN.COM to file a damage claim.
Check Payment Policy
THETONYRYAN.COM does not accept personal checks.
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