Posted on 09/22/2009
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When you purchase a product on DirectSafes.com you are bound by the Direct Safes
terms and conditions of sale and by the Direct Safes Terms of Website Use. You
cannot change the Direct Safes Terms and Conditions of Sale and the Direct Safes
Terms and Conditions of Sale replace any terms and conditions included in your
purchasing documents, if any. Please review carefully.
PLEASE READ THIS DOCUMENT CAREFULLY! IT CONTAINS VERY IMPORTANT INFORMATION ABOUT
YOUR RIGHTS AND OBLIGATIONS, AS WELL AS LIMITATIONS AND EXCLUSIONS THAT MAY APPLY
TO YOU. THIS DOCUMENT CONTAINS A DISPUTE RESOLUTION CLAUSE.
These terms and conditions ("Agreement") apply to your purchase of products and/or
services and support ("Product") sold by Direct Safes, including its affiliates or
subsidiaries. By accepting delivery of the Product, you accept and are bound to
the terms and conditions of this Agreement. If you do not wish to be bound by
this Agreement, you must notify Direct Safes and return your purchase pursuant
to Direct Safes’ Return Policy. THIS AGREEMENT SHALL APPLY UNLESS (I) YOU HAVE
A SEPARATE PURCHASE AGREEMENT WITH DIRECT SAFES, IN WHICH CASE THE SEPARATE
AGREEMENT SHALL GOVERN; OR (II) OTHER DIRECT SAFES TERMS AND CONDITIONS APPLY
TO THE TRANSACTION.
1. Other Documents. This Agreement may NOT be altered, supplemented, or
amended by the use of any other document(s) unless otherwise agreed to in a
written agreement signed by both you and Direct Safes. If you do not receive
an invoice or acknowledgement in the mail, via e-mail, or with your Product,
information about your purchase may be obtained at
https://www.directsafes.com/mysafeslogin.cfm or by contacting your sales
representative.
2. Payment Terms; Orders; Quotes; Interest. Terms of payment are within
Direct Safes’ sole discretion, and unless otherwise agreed to by Direct
Safes, payment must be received by Direct Safes prior to Direct Safes’
acceptance of an order. Payment for the products will be made by credit
card, wire transfer, or some other prearranged payment method unless credit
terms have been agreed to by Direct Safes. Invoices are due and payable
within the time period noted on your invoice, measured from the date of the
invoice. Direct Safes may invoice parts of an order separately. Your order
is subject to cancellation by Direct Safes, in Direct Safes’ sole discretion.
Unless you and Direct Safes have agreed to a different discount, Direct Safes
is not responsible for pricing, typographical, or other errors in any offer by
Direct Safes and reserves the right to cancel any orders resulting from such
errors.
3. Shipping Charges; Delivery; Taxes; Title; Risk of Loss. Shipping and
handling are additional unless otherwise expressly indicated at the time of
sale. Title to products passes from Direct Safes or manufacturer to Customer
on shipment from Direct Safes’ or manufacturer’s facility. Loss or damage
that occurs during shipping by a carrier selected by Direct Safes is Direct
Safes’ responsibility. Loss or damage that occurs during shipping by a carrier
selected by the manufacturer is the manufacturer’s responsibility. Loss or
damage that occurs during shipping by a carrier selected by you is your
responsibility. You must notify the shipper before signing the receipt
documents if you believe any part of your purchase is missing, wrong or
damaged. Delivery will be provided according to the parameters requested
by the customer at the time of sale: if customer requests additional services
at the time of delivery, customer agrees to pay for those additional services.
Please contact Direct Safes prior to placing your order if you have any
question relating to delivery of your Product. See our Shipping Policy
for further details. If your Product ship-to location is in California,
unless you provide Direct Safes with a valid and correct tax exemption
certificate applicable to your purchase of Product and the Product ship-to
location, you are responsible for sales and other taxes associated with the
order. Shipping dates are estimates only. NO P.O. Box deliveries. Additional
charges may apply to remote deliveries.
4. Corrections: You can make corrections to your order after it is placed and
before the order has entered fulfillment by speaking with a Direct Safes
representative. Direct Safes will present any costs associated with the
corrections and you will have the option of accepting those costs or
cancelling your order.
5. Warranties. THE LIMITED WARRANTIES APPLICABLE TO PRODUCTS SOLD ON THE
DIRECT SAFES WEB SITE CAN BE FOUND ON THE MANUFACTURERS’ WEB SITES. DIRECT
SAFES MAKES NO WARRANTIES FOR SERVICE, SOFTWARE, OR NON-DIRECT SAFES BRANDED
PRODUCT, SERVICE, MAINTENANCE OR SUPPORT. SUCH PRODUCT, SOFTWARE, SERVICE,
MAINTENANCE OR SUPPORT IS PROVIDED BY DIRECT SAFES "AS IS" AND ANY THIRD-PARTY
WARRANTIES, SERVICES, MAINTENANCE AND SUPPORT ARE PROVIDED BY THE ORIGINAL
MANUFACTURER OR SUPPLIER, NOT BY DIRECT SAFES. DIRECT SAFES MAKES NO EXPRESS
WARRANTIES EXCEPT THOSE STATED IN DIRECT SAFES’ APPLICABLE DIRECT
SAFES-BRANDED WARRANTY OR SERVICE DESCRIPTION IN EFFECT ON THE DATE OF THE
INVOICE, PACKING SLIP OR ACKNOWLEDGEMENT. DIRECT SAFES-BRANDED WARRANTIES
AND SERVICES ARE EFFECTIVE ON PAYMENT IN FULL, AND DIRECT SAFES IS NOT
OBLIGATED TO HONOR ANY WARRANTY OR PROVIDE SERVICE UNTIL DIRECT SAFES RECEIVES
PAYMENT IN FULL. DIRECT SAFES MAY REQUEST CANCELLATION OF THIRD-PARTY-BRANDED
SOFTWARE LICENSES, SERVICES, MAINTENANCE OR SUPPORT IF DIRECT SAFES DOES NOT
RECEIVE PAYMENT. IF YOU PURCHASE THIRD-PARTY-BRANDED PRODUCT, SERVICES,
MAINTENANCE, OR SUPPORT, ADDITIONAL THIRD-PARTY TERMS AND CONDITIONS MAY
APPLY.
6. Software. All software is provided subject to a license agreement and
you agree that you will be bound by such license agreement in addition to
these terms. Title to software remains with the applicable licensor(s).
7. Return Policies; Exchanges. Direct Safes’ return policy can be found
at http://www.directsafes.com/TC-Return-Policy.cfm and you agree to those terms.
You must contact us directly before you attempt to return Product to obtain
a Return Material Authorization Number for you to include with your return.
You must return Product to the shipper in their original or equivalent
packaging. You are responsible for risk of loss, shipping and handling
fees for returning or exchanging Product. Additional fees may apply. If you
fail to follow the return or exchange instructions and policies provided by
Direct Safes, neither Direct Safes nor the manufacturer is responsible for
Product that is lost, damaged, modified or otherwise processed for disposal
or resale. At Direct Safes’ discretion, credit for partial returns may be
less than invoice or individual component prices due to bundled or
promotional pricing.
8. Changed or Discontinued Product. Direct Safes’ policy is one of
ongoing update and revision. Direct Safes may revise and discontinue Product
at any time without notice to you and this may affect information saved in
your online "cart." Direct Safes will ship Product that has the functionality
and performance of the Product ordered, but changes between what is shipped
and what is described in a specification sheet or catalog are possible. Parts
used in repairing or servicing Product may be new, equivalent-to-new, or
reconditioned.
9. Service and Support. Direct Safes has no obligation to provide service
or support until Direct Safes has received full payment for the Product or
service/support contract you purchased. Direct Safes is not obligated to
provide third-party branded service or support, or service or support for
any products or services that you purchased through a third-party and not
Direct Safes. You can e-mail our customer service desk at
sales@directsafes.com. The phone number for the manufacturer’s or for
Direct Safes’ customer service contact is listed along with your order
status online. Please see:
https://www.directsafes.com/mysafeslogin.cfm
10. Limitation of Liability. DIRECT SAFES DOES NOT ACCEPT LIABILITY BEYOND
THE REMEDIES SET FORTH HEREIN, INCLUDING BUT NOT LIMITED TO ANY LIABILITY
FOR PRODUCT NOT BEING AVAILABLE FOR USE, LOST PROFITS, LOSS OF BUSINESS OR
FOR LOST OR CORRUPTED DOCUMENTS, DATA OR SOFTWARE, OR THE PROVISION OF
SERVICES AND SUPPORT. EXCEPT AS EXPRESSLY PROVIDED HEREIN, DIRECT SAFES
WILL NOT BE LIABLE FOR ANY CONSEQUENTIAL, SPECIAL, INDIRECT, OR PUNITIVE
DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY
CLAIM BY ANY THIRD PARTY. YOU AGREE THAT FOR ANY LIABILITY RELATED TO THE
PURCHASE OF PRODUCT, DIRECT SAFES IS NOT LIABLE OR RESPONSIBLE FOR ANY
AMOUNT OF DAMAGES ABOVE THE AMOUNT INVOICED FOR THE APPLICABLE PRODUCT.
NOTWITHSTANDING ANYTHING IN THIS AGREEMENT TO THE CONTRARY, THE REMEDIES
SET FORTH IN THIS AGREEMENT SHALL APPLY EVEN IF SUCH REMEDIES FAIL THEIR
ESSENTIAL PURPOSE.
11. Governing Law. THE PARTIES AGREE THAT THIS AGREEMENT, ANY SALES THERE
UNDER, OR ANY CLAIM, DISPUTE OR CONTROVERSY (WHETHER IN CONTRACT, TORT, OR
OTHERWISE, WHETHER PREEXISTING, PRESENT OR FUTURE, AND INCLUDING STATUTORY,
CONSUMER PROTECTION, COMMON LAW, AND EQUITABLE CLAIMS) BETWEEN CUSTOMER AND
DIRECT SAFES arising from or relating to this agreement, its interpretation,
or the breach, termination or validity thereof, the relationships which
result from this agreement, Direct Safes’ advertising, or any related
purchase SHALL BE GOVERNED BY THE LAWS OF THE STATE OF CALIFORNIA, WITHOUT
REGARD TO CONFLICTS OF LAW.
12. Binding Arbitration. ANY CLAIM, DISPUTE, OR CONTROVERSY (WHETHER IN
CONTRACT, TORT, OR OTHERWISE, WHETHER PREEXISTING, PRESENT OR FUTURE, AND
INCLUDING STATUTORY, CONSUMER PROTECTION, COMMON LAW, INTENTIONAL TORT AND
EQUITABLE CLAIMS) BETWEEN CUSTOMER AND DIRECT SAFES, its agents, employees,
principals, successors, assigns, affiliates (collectively for purposes of
this paragraph, "Direct Safes") arising from or relating to this Agreement,
its interpretation, or the breach, termination or validity thereof, the
relationships which result from this Agreement (including, to the full
extent permitted by applicable law, relationships with third parties who
are not signatories to this Agreement), Direct Safes advertising, or any
related purchase SHALL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING
ARBITRATION ADMINISTERED BY THE NATIONAL ARBITRATION FORUM (NAF) under
its Code of Procedure then in effect (available via the Internet at
http://www.arb-forum.com, or via telephone at 1-800-474-2371). In the
event of any inconsistency or conflict between NAF Code of Procedure
and this Agreement, this Agreement shall control. The arbitration will
be limited solely to the dispute or controversy between customer and Direct
Safes. NEITHER CUSTOMER NOR DIRECT SAFES SHALL BE ENTITLED TO JOIN OR
CONSOLIDATE CLAIMS BY OR AGAINST OTHER CUSTOMERS, OR ARBITRATE ANY CLAIM
AS A REPRESENTATIVE OR CLASS ACTION OR IN A PRIVATE ATTORNEY GENERAL
CAPACITY. The individual (non-class) nature of this dispute provision
goes to the essence of the parties' arbitration agreement, and if found
unenforceable, the entire arbitration provision shall not be enforced.
This transaction involves interstate commerce, and this provision shall
be governed by the Federal Arbitration Act 9 U.S.C. sec. 1-16 (FAA). Any
award of the arbitrator(s) shall be final and binding on each of the
parties, and may be entered as a judgment in any court of competent
jurisdiction. Direct Safes will be responsible for paying any individual
customer arbitration fees. If any customer prevails on any claim that
affords the prevailing party attorneys' fees, or if there is a written
agreement providing for fees, the Arbitrator may award reasonable fees
to the prevailing party, under the standards for fee shifting provided
by law. Otherwise, each party shall pay for its own costs and attorneys'
fees, if any. Information may be obtained and claims may be filed with
the NAF at P.O. Box 50191, Minneapolis, MN 55405.
Shipping Policy
Return Policy
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