Terms and Conditions of Sale - Internet Sale Agreement
THESE TERMS OF SALE ARE A LEGAL AGREEMENT (hereinafter “Sale Agreement”) BETWEEN YOU, THE CUSTOMER, AND RADMEISTER INC., A DELAWARE CORPORATION, (Address 2312 Park Avenue #407 Tustin, CA 92782) FOR YOUR PURCHASE OF THE ITEM(S) REFLECTED IN YOUR ORDER.
PLEASE READ THIS AGREEMENT CAREFULLY. BY SUBMITTING YOUR ORDER:
1. YOU ACCEPT ALL OF THE TERMS OF THIS SALE AGREEMENT;
2. YOU ARE CONSENTING TO ENTER INTO THIS SALE AGREEMENT IN ELECTRONIC FORM;
3. YOUR CLICK SHALL CONSTITUTE YOUR ELECTRONIC SIGNATURE ACCEPTING THIS SALE AGREEMENT.
If you do not wish to accept this Sale Agreement, do not order any products through our website. THIS AGREEMENT SHALL APPLY UNLESS YOU HAVE A SEPARATE WRITTEN PURCHASE AGREEMENT WITH RADMEISTER, IN WHICH CASE THE TERMS OF THE SEPARATE WRITTEN AGREEMENT SHALL GOVERN.
The terms and conditions of this Sale Agreement are subject to change without prior notice, except that the terms and conditions posted on this webpage at the time the customer initially places or successfully modifies the order will govern the sale in question. In the event of any conflict between the terms and conditions on any customer purchase order form or invoice and this Sale Agreement, you agree that our invoice and this Sale Agreement shall control.
Orders, acceptance, cancellation, etc.
The customer is responsible for shipping and handling charges, sales fees, and all other taxes or fees associated with the order. By submitting an order, you declare that all personal or business information you have entered is valid.
Except with respect to out-of-stock items noted in the “Lack of Availability” section below, you cannot cancel or change an order once it has been accepted. All orders are expressly conditioned upon acceptance by RADMEISTER, and orders are not deemed to be finalized until accepted by RADMEISTER.
Any modification of the terms and conditions contained in this Sale Agreement will be effective only if it is in writing and signed by both the Customer and an authorized representative of RADMEISTER.
We will issue a confirming acknowledgment via e-mail for each order, however the order will not be charged to your credit card until you receive a shipping notification. The shipping notification will be issued by an e-mail when your order has been shipped. This shipping notification will constitute our acceptance of your order by RADMEISTER. At this time RADMEISTER only accepts and ships orders within the continental United States (at this time orders will not be accepted from Alaska or Hawaii). We cannot ship to P.O. Boxes or to APO or FPO addresses. If your credit card is charged for a purchase and your order is not received, we will take the appropriate action and/or issue credit to your credit card account
If a customer wants to cancel an order which is already placed, he has to pay order cancellation fees. The fees vary from case to case. All cancellation fees are listed below.
1. Storage charge - this imposes when 2 days pick up window is past, it is $20 per day.
2. Cancellation charge - this imposes when the customer cancels the order after the order is processed to warehouse, it is $30.00. However if the order is already shipped out, there will be no cancellation charge of $30.00, it will be out/inbound shipping and 15% re-stocking charge.
3. Changing order - this imposes when the order is processed to warehouse, and it is $15.00. Any changes, including changes on the zip code.
4. Warehouse handling charge - this imposes when the customer picks up the order from any warehouse or uses their own carrier to ship the order out from our warehouses, and it is $45.00.
5. Re-consignment charge - this imposes when the deliver address needs to be changed after the order is shipped out. Charges are vary and depend on where the order needs to be re-consigned to, so the charge can be obtained case by case and Operation dept needs to get this.
6. Residential charge $60 - this imposes when the order is delivered to residential area, this area is defined by carrier, comment from the customer such as road is wide enough to have 53" trailer pass by etc.. does not make the destination as commercial. As long as it is commercial address, there is no residential charge.
7. Lift Gate Charge - this imposes when the customer does not have capability to unload the freight from truck, and it is $110.
8. Construction Site Delivery charge $60 - this imposes when the order is delivered to construction site.
9. Re-delivery charge $70 - this imposes when there is no one available to receive the shipment upon carrier delivery.
10. Carrier Terminal pick up storage charge - this imposes when the customer does not pick up in certain pick up window after notification from carrier to the customer is given. The charge is $70 per day. Usually the pick up window is 2-3 days.
All prices on our website are listed in U.S. dollars. Prices do not include shipping, handling, or taxes, which shall be charged on all orders as applicable and will be calculated and shown at the time of your order. All prices are subject to change. RADMEISTER reserves the right to make adjustments due to changing market conditions, product discontinuation, supplier's price changes, errors in advertisements and other circumstances.
Lack of Availability
If an item you have ordered is not in stock after the order has already been placed you will be notified by a Consumer Service representative and offered the opportunity to:
1. Remove the out-of-stock item from your order and receive the in-stock items only.
2. Receive the in-stock items and wait for the out-of-stock item.
3. Receive a similar (substitute) item with different price.
4. Cancel your entire order.
You may cancel an order for out-of-stock items at any time prior to shipping by contacting our Consumer Service line as set forth below. We reserve the right to cancel orders for out-of-stock items at any time by giving e-mail notice to you.
Payment Terms and Conditions
All payments must be made by credit card. No other payment methods are currently accepted. Your rights as a cardholder are governed by your card-issuer agreement and not this Sale Agreement. If there is a discrepancy between our order receipt and you credit card statement, you agree to notify us within sixty (60) days after any discrepancy appears on your credit card statement or such discrepancy will be deemed waived. If we do not receive payment from your credit card issuer or its agent, you agree upon our demand to pay all amounts due. You are responsible for paying any sales, use, or other taxes imposed on your purchases. We will not be responsible for any unauthorized amounts billed to your credit card by a third party.
Products purchased for export purposes
If the product(s) that you are ordering are meant for purposes of export, you must obtain from the federal government, the appropriate export documentation before shipping the product(s) to a foreign country. In addition, any express warranties may vary or are potentially voidable if the product(s) are exported outside the United States. You should contact us with any questions regarding the exportation of our products.
Shipping and handling fees are different for all orders. They depend on customer locations and are calculated during the ordering process. As mentioned above, at this time RADMEISTER only accepts and ships orders within the continental United States. Please note that we will only ship to a verified billing address. We do not ship to PO Boxes. If you want your products to be shipped outside USA, or to Alaska, or Hawaii, please contact our Customer Support Department. Any loss or damage that occurs during shipping by a carrier selected by RADMEISTER is RADMEISTER's responsibility.
Our Return Policy
Please read our return policy.
When you visit our website, place an order or send e-mails to us, you are communicating with us electronically, and you consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on our website. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. Your consent to enter into this Sale Agreement electronically covers current transactions only. Future transactions will require additional consent. If you wish to have a copy of this Sale Agreement in paper form and you are unable to print a copy on your own computer system, we will provide you with a paper copy at no charge if you contact our Consumer Service line at the number below.
Disclaimer of Implied Warranties
TO THE FULLEST EXTENT ALLOWED BY LAW, THIS SALE AGREEMENT EXPRESSLY EXCLUDES ALL IMPLIED WARRANTIES, ORAL OR WRITTEN, INCLUDING, WITHOUT LIMITATION: (A) ANY IMPLIED WARRANTIES OF MERCHANTABILITY; AND (B) ANY AND ALL IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE. THERE ARE NO WARRANTIES THAT EXTEND BEYOND THE DESCRIPTION ON THE FACE THEREOF.
TO THE EXTENT AN IMPLIED WARRANTY CANNOT BE EXCLUDED UNDER APPLICABLE LAW, THE IMPLIED WARRANTY IS LIMITED IN DURATION TO THE APPLICABLE EXPRESS WARRANTY PERIODS. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, THE ABOVE LIMITATION MAY NOT APPLY, AND OTHER RIGHTS MAY EXIST AND MAY VARY FROM JURISDICTION TO JURISDICTION.
Limitation of Liability
TO THE FULLEST EXTENT ALLOWED BY LAW, UNDER NO CIRCUMSTANCES SHALL RADMEISTER, OR ANY OF RADMEISTER’S CURRENT OR FORMER OWNERS, OFFICERS, DIRECTORS, SHAREHOLDERS, SUCCESSORS, PREDECESSORS, AFFILIATES, PARENTS DIVISIONS, SUBSIDIARIES, BRANCHES, UNITS, PARTNERS, JOINT VENTURERS, CONTRACTORS, EMPLOYEES, AGENTS, AND ASSIGNS BE LIABLE FOR LOST REVENUE, PROFIT, BUSINESS INTERRUPTION, LOSS OF CAPITAL, OR FOR ANY SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES UNDER OR ARISING FROM THIS SALE AGREEMENT.
NOTWITHSTANDING ANYTHING ELSE IN THIS SALE AGREEMENT OR OTHERWISE, RADMEISTER SHALL NOT BE LIABLE WITH RESPECT TO ANY PURCHASE UNDER OR ARISING FROM OF THIS SALE AGREEMENT UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY, FOR ANY OF THE AMOUNTS IN EXCESS OF THE PURCHASE PRICE PAID BY THE CUSTOMER TO RADMEISTER.
RADMEISTER WILL NOT BE LIABLE FOR DAMAGES ARISING OUT OF OR RELATING TO MATERIALS OBTAINED THROUGH THE USE OF THIS WEBSITE, INCLUDING BUT NOT LIMITED TO, RELIANCE BY ANY PARTY ON SUCH MATERIALS; LOST DATA; OR DELAYS, BREAKDOWNS OR INTERRUPTIONS IN YOUR USE OF THIS WEBSITE (INCLUDING, WITHOUT LIMITATION, DELAYS, BREAKDOWNS OR INTERRUPTIONS DUE TO PROBLEMS WITH PHONE LINES OR MODEMS, ACTS OF GOD, FAILURE OF A TELECOMMUNICATIONS SERVICE PROVIDER TO PROVIDE SERVICE, OR THEFT OR UNAUTHORIZED ACCESS TO THE MATERIALS).
BECAUSE SOME STATES AND JURISDICTIONS DO NOT ALLOW LIMITATION OR EXCLUSION OF CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
Jurisdiction, Governing Law, and Choice of Law
RADMEISTER and the Customer unconditionally consent and agree that the jurisdiction and venue of any dispute between parties regarding the construction, interpretation, performance, and rights and remedies under this Sale Agreement, or any breach or threatened breach thereof, shall be exclusively be resolved in binding arbitration proceedings within Orange County, California, United States of America.
This Sale Agreement shall be deemed to have been made and accepted and is to be performed in Orange County, California, United States of America and the construction, interpretation, performance, and rights and remedies under this agreement shall be construed under and governed by the laws of the State of California, without regard to its internal choice of law rules.
Arbitration, Waiver of Trial by Jury
RADMEISTER and the Customer waive, to the extent permitted by law, the right to trial by jury, and instead RADMEISTER and the Customer unconditionally consent and agree that the jurisdiction and venue of any dispute between the parties regarding construction, interpretation, performance, and rights and remedies under this Website User Agreement, or any breach thereof, shall be submitted and be subject to, the exclusive jurisdiction of the American Arbitration Association (“AAA”) for binding arbitration conducted under the AAA’s applicable arbitration rules then pertaining (see www.adr.org), except as modified herein with respect to discovery , with a single neutral arbitrator. The arbitrator shall be selected within 30 business days from the date a party receives a demand for arbitration. The arbitration shall take place in the County of Orange, State of California, and the arbitrator shall apply California law (enforcement of this arbitration provision shall also be subject to and governed by California law). Prior to the commencement of arbitration, emergency relief is available from any court to avoid irreparable harm.
Each party shall initially pay all of their respective arbitrator’s and arbitration fees and all other costs unique to the arbitration; however, the prevailing party shall be entitled to its reasonable attorneys fees incurred therewith and to be reimbursed for its share of arbitration and arbitrators fees.
Each party is entitled to discovery of essential facts, documents and witnesses. Each party shall have the right to take depositions and to obtain additional discovery regarding the subject matter of the arbitration, and, use and exercise all of the same rights remedies, and procedures, and be subject to all the same duties, liabilities, and obligations in said arbitration as they would otherwise be entitled to under the California Code of Civil Procedure. The provisions of California Code of Civil Procedure § 1283.05 are hereby specifically incorporates into and made a part of this Website User Agreement by its reference.
The arbitrator shall have all the powers vested in a judge of the Superior Court of California, including the power to award provisional and equitable remedies.
Pursuant to California Code of Civil Procedure § 1290.4, the manner of service and/or notice, for all aspects of the arbitration, including but not limited to, the demand for arbitration, notice of hearing, notice of arbitration award, notice of ruling, the petition to confirm the arbitration award, and the hearing and notice of ruling, the petition to confirm the arbitration award, shall be deemed proper if service is made by first class mail at either the address of the parties as listed in this Website User Agreement, or at the last known mailing address of either of the parties.
The award of the arbitrator shall be enforced and is subject to judicial review pursuant to the provisions of California Code of Civil Procedure §§ 1285 through 1294.2.
THE ARBITRATOR SHALL NOT AWARD EITHER PARTY PUNITIVE, EXEMPLARY, INCIDENTAL, MULTIPLIED OR CONSEQUENTIAL DAMAGES WHERE SUCH LIMITATION OF DAMAGES IS NOT OTHERWISE PROHIBITED BY THE LAW OF THE APPLICABLE STATE OR JURISDICTION.
If any legal action or any arbitration or other proceeding is brought for the enforcement or interpretation of this Website User Agreement, or because of an alleged dispute, breach, threatened breach, default, misrepresentation in connection with any of the provisions of this Website User Agreement, the successful prevailing party or parties shall be entitled to recover its reasonable attorneys fees and other costs incurred in that action or proceeding, including arbitrator’s fees and arbitration fees and expenses, in addition to any other relief to which it or they may be entitled.
Term of Use Revisions
RADMEISTER may at any time revise this Website User Agreement by updating this posting. By using the radmeister.com website, you agree to be bound by any such revisions and should therefore periodically visit this page to determine the then current Terms of Website Use or Website User Agreement to which you are bound.
If any provision of this Website User Agreement is held to be illegal, invalid, or unenforceable under present or future laws, that provisions will be removed from this Website User Agreement and this Website User Agreement will be interpreted and enforced as if the illegal, invalid, or unenforceable provision had never been a part of this Website User Agreement and the remaining provisions will remain in effect and will not be affected by the illegal, invalid or unenforceable provision or its removal. Instead of the illegal, invalid or unenforceable provision, there will be added, as part of this Website User Agreement, a provision as similar in terms to the illegal, invalid or unenforceable provision as may be possible and still be legal and enforceable.
This Website is operated by RADMEISTER INC., a Delaware corporation, operating out of Orange County, California, in the United States of America. RADMEISTER makes no representation that the information in this website is appropriate or available for use in other locations, and access to the radmeister.com website from territories where the content of the website may be illegal is prohibited. Those who choose to access the website from other locations do so at their own risk and are responsible for compliance with applicable local laws.
RADMEISTER is always trying to show accurate and up-to-date information on this Website (radmeister.com), however, we can not guarantee that all product information is accurate.
RADMEISTER can not be liable for any errors in the content of Radmeister.com