By accepting delivery of any item delivered from Circle D Specialties ("Circle D Specialties"), you ("Customer") agree to be bound by the terms and conditions listed below. You and Circle D Specialties agree that the following terms and conditions are the exclusive terms governing the sales transaction between Customer and Circle D Specialties. Any attempt to alter, supplement, modify or amend these terms and conditions by the Customer will be considered a material alteration of this agreement and, therefore, are null and void. In addition, these terms and conditions are subject to change at any time, without prior written notice. Therefore, please check these Terms and Conditions carefully each time you place an order with, or accept delivery of any goods from Circle D Specialties.
1. Return Merchandise Procedure
To return a item in compliance with Circle D Specialties' customer satisfaction guarantee, Customer must obtain a Return Merchandise Authorization ("RMA") number within the guarantee return period for the item (described above).
WHAT IS THE RMA PROCESS?
Once issued, RMA numbers are valid for 15 days within which return items must be received by Circle D Specialties. RMA numbers will not be extended or reissued. Customer should write the RMA number(s) on the shipping label of boxes containing the returned item.
Customer is solely responsible for shipping any returned item to Circle D Specialties. Customer agrees to use only legitimate commercial carriers that will provide proof of delivery and insurance for the entire value of the shipment. Customer agrees to bear all shipping and insurance charges and all risk of loss for the return item during return shipment. Customer agrees that all returned items will be 100% complete, in re-saleable condition, and will include the original packaging material, manuals, blank warranty cards, and other accessories provided by the manufacturer. If any component of the returned item is missing, Circle D Specialties' Return Merchandise Procedure will be breached and Circle D Specialties may in its sole and absolute discretion reject the entire return or choose to impose additional charges against Customer for replacement of the missing component(s).
ALL ITEMS SOLD "AS-IS" OR "WITH ALL FAULTS". CIRCLE D SPECIALTIES DISCLAIMS ALL WARRANTIES WITH REGARD TO THE INFORMATION PROVIDED ON THIS WEB SITE OR OTHER SITES "HOT LINKED" TO THIS SITE, INCLUDING ALL EXPRESS OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT WILL CIRCLE D SPECIALTIES BE LIABLE FOR ANY DIRECT, INCIDENTAL, SPECIAL, INDIRECT, CONSEQUENTIAL DAMAGES, OR PUNITIVE DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA, BUSINESS INTERRUPTION, SALES, OR PROFITS, WHETHER IN A CONTRACT, NEGLIGENCE, OR OTHER TORTIOUS ACTION, ARISING OUT OF ACCESS TO, USE OF, OR IN CONNECTION WITH THE USE, INABILITY TO USE, ACCURACY, SUITABILITY, OR PERFORMANCE OF THIS INFORMATION, EVEN IF CIRCLE D SPECIALTIES IS EXPRESSLY ADVISED ABOUT THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
ANY CLAIM RELATED TO THE INFORMATION ON THIS WEB SITE WILL BE GOVERNED BY THE LAWS OF TEXAS WITHOUT REGARD TO CONFLICTS OF LAW RULES. IN THE EVENT OF ANY DISPUTE REGARDING THIS WEB SITE, THE PARTIES IRREVOCABLY CONSENT TO EXCLUSIVE PERSONAL JURISDICTION AND VENUE IN THE COURTS IN HARRIS COUNTY IN THE STATE OF TEXAS, IN CONNECTION WITH ANY DISPUTE ARISING UNDER A STATE CLAIM INVOLVING THIS AGREEMENT OR WEB SITE AND TO THE FEDERAL DISTRICT COURTS, DISTRICT OF TEXAS, IN CONNECTION WITH ANY DISPUTE ARISING UNDER A FEDERAL CLAIM INVOLVING THIS AGREEMENT OR WEB SITE.
3. LIMITATION OF LIABILITY
IN ALL CIRCUMSTANCES CIRCLE D SPECIALTIES' MAXIMUM LIABILITY IS LIMITED TO THE PURCHASE PRICE OF THE ITEMS SOLD. CIRCLE D SPECIALTIES SHALL NOT, UNDER ANY CIRCUMSTANCES, BE LIABLE UPON A CLAIM OR ACTION IN CONTRACT, TORT, INDEMNITY OR CONTRIBUTION, OR OTHER CLAIMS RELATING TO THE ITEMS IT SELLS WHICH EXCEEDS THIS LIABILITY LIMIT. CIRCLE D SPECIALTIES SHALL NOT BE LIABLE FOR THIRD PARTY CLAIMS FOR DAMAGES AGAINST THE CUSTOMER, OR FOR MALFUNCTION, DELAYS, INTERRUPTION OF SERVICE, LOSS OF BUSINESS, LOSS OR DAMAGE TO EXEMPLARY DAMAGES, WHETHER OR NOT CIRCLE D SPECIALTIES HAS BEEN MADE AWARE OF THE POSSIBILITY OF SUCH CLAIMS OR DAMAGES.
4. GENERAL TERMS AND CONDITIONS
Orders: An order is not binding upon Circle D Specialties until it is accepted. Circle D Specialties must receive payment before it will accept an order. Payment for item(s) ordered is due prior to shipment. Customer can make payment by credit card, or some other method prearranged with Circle D Specialties. You agree to pay the amount(s) due as specified on the invoice, and you agree to pay interest on all past-due sums at a rate of 1.5% per month or the highest rate allowed by law, whichever is greater.
Your total cost for purchase of any item will include shipping and handling charges shown on Circle D Specialties invoice.
Title and Risk Of Loss
Circle D Specialties will arrange for shipment of ordered item(s) to the Customer, Free On Board (F.O.B.) shipping point, meaning Title to the item(s) and Risk Of Loss passes to the Customer upon delivery to the carrier. Circle D Specialties reserves a purchase money security interest in the item(s) until its receipt of the full amount due. Customer agrees to allow Circle D Specialties to sign appropriate documents on Customer's behalf to permit Circle D Specialties to protect its purchase money security interest. Circle D Specialties will advise Customer of estimated shipping dates, but Circle D Specialties will, under no circumstances, be responsible for delays in delivery, and associated damages, due to events beyond its reasonable control, including without limitation, acts of God or public enemy, acts of federal, state or local government, fire, floods, civil disobedience, strikes, lockouts, and freight embargoes.
Governing Law and Jurisdiction
Any dispute arising out of or related to these Terms and Conditions or the sales transaction between Circle D Specialties and Customer shall be governed by the laws of the State of Texas, without regard to its conflicts of law rules. Specifically, the validity, interpretation, and performance of this agreement shall not be governed by the United Nations Convention on the International Sale of Goods. Circle D Specialties and Customer consent to the exclusive jurisdiction and the exclusive venue of the State Courts of the State of Texas,Harris County, to resolve any dispute between them related hereto, and the parities waive all rights to contest this exclusive jurisdiction and venue of such Courts. Finally, the Customer also agrees not to bring any legal action, based upon any legal theory including contract, tort, equity or otherwise, against Circle D Specialties that is more than one year after the date of the applicable invoice.
If any provision contained in this agreement is or becomes invalid, illegal, or unenforceable in whole or in part, such invalidity, illegality, or unenforceability shall not affect the remaining provisions and portions of this agreement, and the invalid, illegal, or unenforceable provision shall be deemed modified so as to have the most similar result that is valid and enforceable under applicable laws of the State of Texas.
The failure of either party to require performance by the other party of any provision of this agreement shall not affect in any way the first party's right to require such performance at any time thereafter. Any waiver by either party of a breach of any provision in this agreement shall not be taken or held by the other party to be a continuing waiver of that provision unless such waiver is made in writing.
These terms and conditions, together with Circle D Specialties' invoice regarding the items ordered by Customer, are the complete and exclusive agreement between Circle D Specialties and Customer, and they supersede all prior or contemporaneous proposals, oral or written, understandings, representations, conditions, warranties, and all other communications between Circle D Specialties and Customer relating to the subject items. This agreement may not be explained or supplemented by any prior course of dealings or trade by custom or usage.