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Terms and Conditions

Count On Tools Inc. ("Seller")
Standard Terms And Conditions of Sale


1. WARRANTY- Seller warrants that on the date of shipment the goods are of the kind and qualities described herein and are free of non-conformities in workmanship and material. This warranty does not apply to goods delivered by Seller but manufactured by others.

2. SHIPMENT, TITLE AND RISK OF LOSS- Unless the delivery terms of this contract expressly provide for F.O.B.destination, shipping/delivery will be F.O.B. Seller may make partial shipments.

3. TERMS OF PAYMENT- (a) Unless otherwise stated, the terms are Net 30 Days. All payments shall be in United States dollars. If shipment is delayed by Buyer, date of notice of readiness for shipment shall be deemed to be date of shipment for payment purposes.(b) On late payments, the contract price shall without prejudice to Seller's right to immediate payment, be increased by 1.5% per month on the unpaid balance, but not to exceed the maximum permitted by law.(c) If any time in Seller's judgment Buyer is unable or unwilling to meet the terms specified, Seller may require satisfactory assurance of full or partial payment as a condition to connecting or continuing manufacture or making shipment, and may, if shipment has been made, recover the goods from the carrier, pending receipt of such assurances.

4. NON-CANCELLATION - Buyer may not cancel or terminate for convenience or direct suspension of manufacture except with Seller's written consent and then only upon terms that will compensate Seller for it's engineering,fabrication and purchasing charges and any other costs relating to such cancellation, termination or suspension plus a reasonable amount for profit.

5. ATTORNEY FEES - Buyer shall be liable to Seller for any attorney and or collection fees and costs incurred by Seller in enforcing any of its rights as stated in this agreement.

6. DISPUTES - Either party may give the other party written notice of any dispute arising out of or relating to this contract and not resolved in the normal course of business. The parties shall attempt in good faith to resolve such dispute promptly by negations between executives who have authority to settle the dispute. If the matter has not been resolved within 60 days of the notice, either party may initiate non-binding mediation of the dispute.

7. CLAIMS - Claims for shortage, defective, or miss ordered merchandise must be made within 30 days of receipt of goods.

8. RETURNS - Authorization from Count On Tools is required prior to any return. All returns must be clearly marked with a return authorization number and a copy of the original invoice/packing slip to ensure proper credit. All returns of sale-able products must be shipped to Count On Tools, Inc. freight prepaid and are subject to a 25% restocking fee.

9. STATUE OF LIMITATIONS - To the extent permitted by applicable law, any lawsuit for breach of contract, including breach of warranty, arising out of the transaction covered by this contract, must be commenced no later than twelve(12) months from the date the cause of action accrued.

10. PRICES - In the event of a price increase or decrease, the price of goods on order will be adjusted to reflect such increase or decrease. This does not apply to a shipment held by request of Buyer. Goods already shipped are not subject to price increase or decrease. Orders on a bid or contract basis are not subject to this article.

11. HANDLING FEE - All orders will be charged a minimum handling fee.

12. INCOMING WIRE TRANSFER FEE - International accounts which are wire transferring funds will be charged the intermediary banking fee incurred per transfer.

13. PRODUCT AVAILABILITY - We cannot guarantee product availability and products, nonetheless, these items may not be available for immediate delivery. We reserve the right, without liability or prior notice, to revise, discontinue, or cease to make available any or all products or to cancel any order. If there is any revision, discontinuance, or cessation, we may, in our discretion, ship products which have substantially similar functionality and specifications to the products ordered or cancel your order.

14. TYPOGRAPHICAL ERRORS - We strive to make every piece of information as accurately as we could. In the event a product is listed at an incorrect price or with incorrect information due to typographical error or error in pricing or product information, we shall have the right to refuse or cancel any orders placed for products listed at the incorrect price. We shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card has been charged. If your credit card has already been charged for the purchase and your order is canceled, we shall immediately issue a credit to your credit card account in the amount of the charge.

15. PAYMENT AND IMPORTATION - Import duties and local taxes are NOT included in the quoted price of goods being delivered to any locations outside the USA. You will be responsible for the paying of any and all import duties and local taxes including any administration charges upon receipt.

16. ORDER ACCEPTANCE POLICY - Your receipt of an electronic or other form of order confirmation does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. Seller reserves the right at any time after receipt of your order to accept or decline your order for any reason or to supply less than the quantity you ordered of any item.

17. PRIVACY - We keep your personal information private and secure. When you make a purchase from our site, you provide your name, email address, credit card information, address, phone number, and a password. We use this information to process your orders, to keep you updated on your orders and to personalize your shopping experience.

Our secure servers protect your information using advanced encryption techniques and firewall technology.

To keep you informed about our latest offers, we may notify you of current promotions, specials and new additions to the Seller's site. You may unsubscribe from our newsletters by following the unsubscribe instructions in any email you receive from us.

When entering any of our contests or prize drawings, you provide your name, email address and mailing address. If you win, we will send the prize to the address entered and notify you by email. When you enter a contest or drawing you are also included in our newsletter list to receive notice of promotions, specials and new additions to the Seller's site. You may unsubscribe from this news list by following the unsubscribe instructions in any email received.

We use "cookies" to keep track of your current shopping session to personalize your experience and so that you may retrieve your shopping cart at any time.

18. TAXES - Our Store shall automatically charge and withhold the applicable sales tax for orders to be delivered to addresses within the same state. For orders shipped to other states, you are solely responsible for all sales taxes or other taxes.

19. LINKS - This site may contain links to other sites on the Internet that are owned and operated by third parties. You acknowledge that we're not responsible for the operation of or content located on or through any such site.

20. COPYRIGHT AND TRADEMARK NOTICE - Unless otherwise specified, all materials appearing on this site, including the text, site design, logos, graphics, icons, and images, as well as the selection, assembly and arrangement thereof, are the sole property of the Seller.  You may use the content of this site only for the purpose of shopping on this site or placing an order on this site and for no other purpose. No materials from this site may be copied, reproduced, modified, republished, uploaded, posted, transmitted, or distributed in any form or by any means without our prior written permission. All rights not expressly granted herein are reserved. Any unauthorized use of the materials appearing on this site may violate copyright, trademark and other applicable laws and could result in criminal or civil penalties.