The following is the terms of the agreement between The Grendel LLC (“Company”, or “The Grendel”) and the buyer (“Buyer”, “customer”, “you”) of goods or services through The Grendel’s Web site (the “Site”). If you do not agree to these terms, you will not be able to purchase anything, so please review these terms carefully:
1. Introduction. Buyer agrees to the terms and conditions outlined in this Online Contract ("Contract") with respect to the goods, services and information provided by or through the Site. This Contract constitutes the entire and only agreement between the Company and Buyer, and supersedes any and all prior or contemporaneous agreements, representations, warranties, and understandings with respect to the goods, services and information provided by or through the Site, and the subject matter of this Contract. Buyer agrees to review this Contract prior to purchasing anything and the purchase of a good or service shall be deemed acceptance of this Contract.
2. Setup and Payment. Buyer represents and warrants that (i) the credit card information supplied is true, correct and complete and (ii) charges incurred by the Buyer will be honored by the Buyer's credit card company and (iii) Buyer shall pay charges incurred by Buyer at the amounts in effect at the time incurred, including all applicable taxes. Buyer shall be responsible for all charges incurred through use of Buyer's password. Buyer agrees to keep his or her password confidential and to notify Company within 24 hours of any breach of this Contract or unauthorized use of the password. Company does not protect Buyer from unauthorized use of Buyer's password.
3. Copyright. The content, organization, gathering, compilation, magnetic translation, digital conversion and other matters related to the Site are protected under applicable copyrights, trademarks, and other proprietary (including but not limited to intellectual property) rights, and, the copying, redistribution, use or publication by a Buyer of any such content or any part of the Site is prohibited.
4. Editing, Deleting, and Modification. Company reserves the right in its sole discretion to edit or delete any information or content appearing on the Site and to remove any goods and services for sale. Upon notice published over the Service, Company may modify this Contract, or prices, and may discontinue or revise any or all aspects of the Site in its sole discretion and without prior notice. Modification of this Contract will be deemed effective upon publication on the Site with respect to transactions occurring after said date.
5. Right to Refuse. Company reserves the right in its sole discretion to refuse service at any time. Sale of any goods or services is subject to availability.
6. Indemnification. Buyer agrees to indemnify, defend and hold Company and its affiliates, licensors and suppliers harmless from any liability, loss, claim and expense, including reasonable attorney's fees, related to a Buyer's violation of this Contract or use of the Site.
7. Non-Transferable. Buyer's right to use the Service is not transferable and is subject to any limits established by Company or by Buyer's credit card company.
8. Disclaimer. THE SERVICE, CONTENT, GOODS AND SERVICES FROM OR THROUGH THE SERVICE ARE PROVIDED "AS-IS," "AS AVAILABLE," AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED (INCLUDING BUT NOT LIMITED TO THE DISCLAIMER OF ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE). THE SOLE AND ENTIRE MAXIMUM LIABILITY OF COMPANY, FOR ANY REASON, AND BUYER'S SOLE AND EXCLUSIVE REMEDY FOR ANY CAUSE WHATSOEVER, SHALL BE LIMITED TO THE AMOUNT PAID BY THE CUSTOMER FOR THE PARTICULAR ITEMS PURCHASED. COMPANY AND ANY OF ITS AFFILIATES, DEALERS OR SUPPLIERS ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN COMPANY AND BUYER. THIS SITE AND GOODS AND SERVICES WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. SOME STATE STATUTES MAY APPLY REGARDING LIMITATION OF LIABILITY.
9. Refund/Return Policy. If a product that is manufactured by The Grendel and purchased on our website is defective, the Buyer can return the original The Grendel product in its original package and condition within 21 days of receipt, to the below address. In such event, the Company shall provide the Buyer with a replacement product or credit for other purchases from the Site (if replacement product is not available, less shipping and handling charges incurred).
For those products distributed and sold by The Grendel which are not manufactured by The Grendel, all sales are FINAL. Please consult the manufacturer for any and all support questions for these products.It is very important that you immediately inspect the contents of the shipping package to evaluate the condition of the original packaging of any order received before opening the original packaging. Please be sure to verify the contents of your shipping package order as soon as you receive it, as opened product packages are NOT returnable, even if the item was sent to you by mistake. If you mistakenly ordered the wrong item and did not correct the mistake, we will accept the return, subject to the return policy above. If the mistake was ours, we will issue you a Return Merchandise Authorization (RMA) for the incorrect items and ship you the correct merchandise at no charge to you. If the incorrect items are not returned, you will not be credited for them.
Please notify The Grendel immediately via email to our customer service department at firstname.lastname@example.org. You must notify our customer service department immediately and in advance to obtain an RMA number and this must be done within 21 days of the purchase date. Once an RMA is obtained, please return the merchandise in its original packaging with the RMA number to:
(print RMA number Here)
PO Box 621970
Littleton, CO 80162-1970
NOTE: Refunds sent without an RMA number will not be accepted.
IMPORTANT DISCLAIMER FOR LARGE ITEMS, ITEMS NOT MANUFACTURED BY THE GRENDEL,
DROP SHIP ITEMS:
Many of the items offered on our Site are manufactured and distributed by the original manufacture. These items are usually drop- shipped by that manufacturer. The delivery time for these drop-ship items may take longer to receive than any The Grendel products. These items may be manufactured by but not limited to: Vastex, Wasatch. Note that in most cases, most of these drop-ship items are sold to you at a better cost (and with less chance for damage) by eliminating the extra shipping from the manufacturer to The Grendel and then to the customer. Please refer to the original manufacturer for estimated delivery times for these products.
10. Warranty and Liability. The products distributed and sold by The Grendel are warranted only to the extent of the original manufacturer's warranty, by the manufacturer, not The Grendel. Please consult the manufacturer for any and all support questions. The Grendel provides limited support for products and services exclusively manufactured by The Grendel. In those cases where the product is manufactured by The Grendel, any product found to be defective will be replaced upon prepaid return of unused defective product. The Grendel’s liability is limited to product replacement only. In no event will The Grendel be liable for indirect or consequential damages arising from the use or misuse of any of the products we sell or distribute. In general the manufacturer's warranties do not apply to defects caused by accidents, misuse, abuse, tampering, improper storage or out of date product. For more information regarding manufacturer's warranty, if there is any, please consult the manufacturer directly. Further, some information on our pages is quoted directly from manufacturer's web sites or other literature, and The Grendel assumes no liability for the veracity of these claims.
11. Order Cancellation Policy. Please immediately submit any cancellation via email to email@example.com.
Email cancellations must contain the following: First name, last name, order number, and email address. This information must be identical to the information originally submitted on your order. Please provide contact information so that we may contact you if we have questions in regards to canceling your order. Inability to contact you to confirm your cancellation may prevent the cancellation.
Every effort will be made to accommodate the cancellation of your order, provided your order has not been charged and/or shipped out. In the event that a cancellation was submitted (via email), and your order was shipped out or charged after that date, we may refund the complete balance charged including shipping. However, if the cancellation was documented as received after the order was shipped or charged, our normal refund/return policy will apply.
12. Use of Information. Company reserves the right, and Buyer authorizes Company, to the use and assignment of all information regarding Buyer’s use of the Site and all information provided by Buyer, subject to applicable law.
13. Miscellaneous. This Contract shall be treated as though it were executed and performed in Littleton, Colorado, and shall be governed by and construed in accordance with the laws of the United States of America and of the State of Colorado (without regard to conflict of law principles). Any cause of action of Buyer with respect to the Site must be instituted within six (6) months after any purchase or be forever waived and barred. All actions shall be subject to the limitations set forth in Section 8. The language in this Contract shall be interpreted as to its fair meaning and not strictly for or against any party. All legal proceedings arising out of or in connection with this Contract shall be brought solely in Littleton, Colorado, and Buyer expressly submits to the jurisdiction of said courts and Buyer consents to extra-territorial service of process. Should any part of this Contract be held invalid or unenforceable, that portion shall be construed consistent with applicable law as nearly as possible to reflect the original intentions of the parties and the remaining portions shall remain in full force and effect. To the extent that anything in or associated with the Site or the Company is in conflict or inconsistent with this Contract, this Contract shall take precedence. Failure of Company to enforce any provision of this Contract shall not be deemed a waiver of such provision nor of the right to enforce such provision.
14. Vastex Shipping. All Vastex equipment orders are final and exclude shipping which will be in accordance with the Vastex shipping policy. Vastex will ship all orders by freight collect. We will gladly estimate the shipping for you, and you pay the freight upon delivery. Just send an email to our orders department for a shipping estimate. These estimates will be based on zip code to zip code information, whether the location is residential or commercial (some shippers charge more for residential deliveries), and whether the location has lift/delivery accommodations.
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The Grendel Company
Providing education, service and support to the screen printing industry
PO Box 621970
Littleton, CO 80162-1970