|
|
|
HORTONPARTS.COM TERMS AND CONDITIONS OF USE
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS WEBSITE.
Your use of this Horton Automatics Division of Overhead Door Corporation ("Horton") website (the "Website")
is expressly conditioned on your acceptance of the following terms and conditions (this "Agreement"). If you
do not agree with any part of the Agreement, you must not use the Website. If you use the Website, you agree
to be bound by the terms of this Agreement.
- Modifications. Horton may modify the terms of this Agreement
at any time in its sole discretion, without advance notice. The most up-to-date version of this Agreement will
always be available for review on the Website. Your continued use of the Website after any such amendment
constitutes your agreement to be bound by the modified Agreement.
- Ownership of Content. The original information and all other
material that Horton provides on the Website (the "Content") is wholly owned by or licensed to Horton. The Website
contains copyrighted material, trademarks, and other information protected by intellectual property laws. Any unauthorized use
of the Content may violate applicable intellectual property and other laws.
- Permitted and Prohibited Uses. You are permitted to view and
download the Content only for your personal and non-commercial use. Except to the extent required for the limited
purpose of reviewing the Content or retaining a printed copy of a transaction confirmation, you are prohibited from any
reproduction, adaptation, distribution or display of the Content. You may not modify the Content or use the Content on any
other website or networked computer environment for any purpose. You must retain all copyright and trademark notices, including
any other proprietary notices, contained in the Content. [To the extent that any portion of the Website allows you to post or
transmit any material, you are prohibited from posting or transmitting any unlawful, threatening, libelous, defamatory, obscene,
pornographic or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise
to civil liability, or otherwise violate any law.]
- Links and Third Parties. Horton may provide links from the
Website as a convenience to our visitors. Horton has no control over the content posted at these sites and makes
no representations about any content or material available at these locations. Links are not intended to imply
sponsorship, affiliation or endorsement of the linked website or any content or material on such website. If you
believe that Horton has provided a link to a website that contains infringing or illegal content or material,
please notify us so that we may evaluate whether (in our sole discretion) to disable or remove such link.
- Risk of Loss; Accuracy of Information. You expressly agree
that your use of the Website is at your sole risk, and that you assume full responsibility and risk of loss
resulting from the downloading and/or use of the Content. Although Horton strives to ensure the accuracy of the
information presented on the Website, Horton cannot guarantee the accuracy, truthfulness or reliability of any
information provided on or by means of the Website.
- THIS WEBSITE IS MADE AVAILABLE TO YOU "AS IS," WITHOUT ANY
WARRANTIES WHATSOEVER ABOUT THE NATURE, CONTENT OR ACCURACY (EITHER WHEN POSTED OR AS A RESULT OF THE PASSAGE OF
TIME) OF ANY MATERIAL AT THE SITE, AND WITHOUT ANY REPRESENTATIONS OR GUARANTEES. IN ADDITION, HORTON MAKES NO
WARRANTIES, REPRESENTATIONS OR GUARANTEES THAT THIS WEBSITE WILL BE SECURE, ACCESSIBLE CONTINUOUSLY AND WITHOUT
INTERRUPTION, VIRUS FREE, OR ERROR FREE.
HORTON HEREBY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, ORAL OR WRITTEN, INCLUDING, WITHOUT
LIMITATION, ANY AND ALL IMPLIED WARRANTIES OF MERCHANTABILITY, REASONABLE CARE, ACCURACY, FITNESS FOR A
PARTICULAR PURPOSE (WHETHER OR NOT HORTON KNOWS OR HAS BEEN ADVISED OF ANY SUCH PURPOSE), AND ANY AND ALL
WARRANTIES OF TITLE AND/OR NON-INFRINGEMENT.
IN NO EVENT WILL HORTON BE LIABLE TO YOU FOR ANY CONSEQUENTIAL, INCIDENTAL OR SPECIAL DAMAGES, INCLUDING
WITHOUT LIMITATION LOST PROFITS, EVEN IF YOU CLAIM TO HAVE NOTIFIED HORTON ABOUT SUCH DAMAGES, OR FOR ANY
CLAIMS BY ANY THIRD PARTIES.
- Sale terms: With regard to any purchases of Horton Products
made through the Site:
- LIMITED WARRANTY: Horton warrants to you that all products and components manufactured by Horton and
purchased by you through this Website shall be free from defects in material and workmanship under normal
use and service for a period of twelve months following your purchase. Unless otherwise specifically agreed
in writing by Horton, Horton’s sole obligation under this limited warranty is limited to repair or replacing
at its option any parts which shall be returned to the Horton within the above warranty period, with
transportation charges prepaid, and which after examination, shall be determined by Horton to be defective.
Any labor and shipping charges are excluded and will be your responsibility. Said warranty shall apply to
the original purchaser only, and shall not apply to any product or component which has been installed,
altered, or repaired by any person not expressly authorized in writing for such purpose by the Horton,
or which has been damaged or deteriorated due to misuse, neglect, accident, failure to provide maintenance,
normal wear and tear, or acts of God or any other cause beyond the reasonable control of Horton. The
aforesaid warranty is made expressly in lieu of other warranties, expressed or implied, and in lieu of
any other obligations or liabilities on the part of Horton Automatics, and Horton Automatics neither
assumes nor authorizes any person to assume for it any other liability or obligations in connection
with the sale of such products.
- LIMITATION OF LIABILITY: THERE IS NO WARRANTY OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE,
NOR IS THERE ANY OTHER WARRANTY, EXPRESSED OR IMPLIED, EXCEPT AS SPECIFICALLY STATED ABOVE. HORTON SHALL
NOT BE LIABLE FOR SPECIAL OR CONSEQUENTIAL DAMAGES, NOR FOR CLAIMS OF ANY THIRD PARTY AGAINST YOU. YOU
GUARANTEE THAT AAADM CERTIFIED INSTALLERS WHO ARE FULLY KNOWLEAGEABLE ABOUT THE HORTON PRODUCTS AND/OR
COMPONENTS PURCHASED WILL PERFORM THE INSTALLATION OF SUCH PRODUCTS AND/OR COMPONENTS AND COMPLETE ANY
PERTINENT ADJUSTMENTS TO THE DOOR SYSTEM TO COMPLY WITH ANSI 156.10, 156.19 AND 156.27, AND ANY OTHER
APPLICABLE STANDARDS OR REGULATIONS.
- RETURNS: No products may be returned for credit or exchange without Horton ' prior written approval.
Transportation charges on returned products must be prepaid by you.
- ACCEPTANCE: All orders are subject to final written acceptance by Horton; accepted orders shall be
governed solely by the standard terms and conditions set forth in these terms and conditions. Purchase
amounts may be charged against your account or Credits Card as applicable.
- TAXES: We do not include any tax as part of our price unless it required by law. If taxes are required
by law, the tax will be passed to the purchaser in addition to the price shown at the time of check-out.
- PRICES: Horton’s regular prices in effect at time of shipment shall be applicable. Horton's prices
as shown are for prompt acceptance and are subject to change at any time without notice.
- DELIVERIES: Unless otherwise quoted or arranged in writing with Horton, all shipments are F.O.B.
Horton Automatics' point of manufacture. All freight costs and risk of loss in transit are borne by you.
Horton makes no representation or commitment as to the time required for delivery and/or installation.
Any delivery dates shown are estimates only, and should not be relied upon.
- DAMAGED FREIGHT CLAIMS: Damaged freight on Collect Freight Shipments is your sole responsibility.
Follow the guidelines provided by your freight carrier to address any delay, damage or other issues.
Damaged freight on any shipment agreed in writing to be undertaken and prepaid by Horton must be indicated
on bill of lading at the time the freight is received at the delivery point by the freight company and
immediately reported to K2 Logistics and Horton’s Customer
Care Department. Concealed damage must be reported to K2 Logistics and Horton Automatics Customer Care
Department within 7 days or the claim will not be accepted.
- PAYMENT: Except as otherwise noted or agreed in writing between the parties, terms of payment are
cash with order with bill of lading attached. You agree to pay sight draft within (5) days after date
of shipment F.O.B., Seller's point of manufacture. SUBJECT TO CREDIT APPROVAL, in Horton’s sole discretion,
THE FOLLOWING TERMS MAY BE AVAILABLE, SUBJECT TO HORTON AUTOMATICS’ SOLE DISCRETION: 2% 20 days, Net 40.
Interest at legal maximum rate will be charged on past due balances. Credit card and other forms of
electronic payment are acceptable.
- FORCE MAJEURE: Horton is not responsible for any failure or delay in performance caused by strikes,
riots, war, governmental restrictions and regulations, acts of God, or any cause beyond reasonable control
of Seller.
- ASSIGNMENT: Horton Automatics may assign, subcontract and/or sublet any or all of this agreement to
Horton Automatics' parent, subsidiaries, divisions or affiliates and to Seller's authorized distributors
or agents for the purpose of supplying material and/or in conjunction with performance.
- Credit Card Payment Terms: With regard to making any purchase
through the Website with a Credit Card:
- These terms and conditions apply to all credit card payments made (whether online, by telephone,
or in any other manner) to Horton. These terms and conditions also apply to Electronic Communications
(whether or not in connection with a credit card payment). In addition to these terms and conditions,
the Horton Privacy Policies apply to your use of any Horton website. Current copies of these privacy
policies may be found at: _____________. By making a credit card payment to Horton, or by requesting
Electronic Communications, you accept these terms and conditions. Horton may amend these terms and
conditions at any time by posting the amendment on its website at least 30 days prior to the effective
date of change.
- As used in these terms and conditions:
- “Product” means any product provided by Horton;
- “Electronic Communications” means any electronic orders, confirmations or communications sent
by Horton to you or by you to Horton; and
- “Credit cards” includes both credit cards and debit cards.
- By entering your credit card information:
- You are stating that you are an authorized user of the credit card and that the associated
information entered (account holder name, account number, billing address, etc.) is accurate;
- You authorize Horton to charge the amount of the final product cost plus shipping and any
taxes (which may or may not be identified or quoted at the time of your order or in any subsequent
confirmation or other Electronic Confirmation) to your credit card; and
- You authorize Horton to return to your credit card any funds due to you by Horton resulting
from any approved return of any Product.
- For each transaction, in addition to the charge you have authorized, your credit card issuer and
network may assess their customary transaction or handling charge, if any. If a charge is declined or
reversed by the credit card issuer or network, you agree to pay us a service charge and to reimburse us
for all reasonable costs of collection. Your credit card issuer may also assess its customary charge for
such transactions. If your credit card issuer or network does not honor an online payment transaction,
then we have the right to charge the amount of any such transaction to your account or to collect the
amount from you. If your credit card issuer or network does not honor an online payment transaction,
we may terminate any or all orders for Products, and we may terminate your right to participate in the
online payment program.
- By clicking “Submit,” you are consenting to be bound to these Terms and Conditions and to receive
a one-time confirmation of your payment electronically to the email address you have provided to us.
- Technical Requirements for Electronic Communications:
- In order to make credit card payments online or receive Electronic Communications, you must have
access to a personal computer with a 128 bit JavaScript enabled browser, internet access and a valid
email account supported by software that enables you to receive Electronic Communications. In order to
store Electronic Communications on paper, you will need a printer connected to your computer. You also
may store them in your offline files or in an electronic storage device. Horton is not required to
provide paper copies of any Electronic Communication you have previously authorized.
- You agree to provide us, and keep current, a valid email address. If any Electronic Communication
is returned to us as undeliverable, you agree that we may (but are not required to) deliver such
communication in paper form to the most recent mailing address you have provided for your account.
- By authorizing a credit card payment online, or by requesting Electronic Communications, you
confirm that your system meets these requirements, that you have the capability to access and download
or print electronic disclosures, and that your email address is current and valid.
- If you have authorized “Electronic Only” communications, then the following additional terms apply:
- You understand and agree that Horton may provide you with all Electronic Communications exclusively
online.
- At your request, we will provide you with paper copies of Communications that we provide you
electronically.
- You may elect to withdraw your consent to receive Electronic Communications (other than
confirmation of online credit card payments) at any time by providing Horton notice in writing at the
following address:
Horton Automatics
4242 Baldwin Blvd,
Corpus Christi, TX 78405
C/O Accounting Department
- If you give or withdraw consent by writing to us, there may be a delay in implementing your request.
|