AS HANGING SYSTEMS
Terms & Conditions

These terms are between AS Hanging Systems, Inc. (Seller) and purchaser (Buyer) of products offered for sale by Seller.

Terms: Net due in 30 days, service charge of the higher of 1% per month compounded monthly (annual rate of 12.68%) or the highest rate permitted by law. Collection costs and all penalties permitted by law will be assessed on late payment.

Shipments: Shipments from Brossard, QC, CAN, typically travel by UPS or FedEx and generally ship within 24 hours. Some products may ship from Plattsburgh, NY, and will typically travel by UPS or FedEx and generally ship within 24 hours. All packaged goods ship from Plattsburgh, NY.

Minimum Order: Orders from the Open Stock Division will have a minimum shipping charge of $15. Orders of packaged goods will be limited to full cartons per sku and a minimum order size (before freight charges) of $200.00, while orders below $500.00 will incur a $20.00 service charge.

Freight: All shipments are FOB Seller’s warehouse.

Drop Shipments: Minimum order size applies to each drop ship location.

Claims: Always inspect all in-bound shipments upon receipt. Buyer assumes all risk of loss or damage to products in transit once signed for as complete and received in good condition. In the event of loss or damage, notify the carrier immediately, refuse the products upon delivery attempt and mark the bill of lading as “damaged” and/or “missing items”.

a) Damaged Package: If damaged products are accepted from the carrier, such damage should be noted on the carrier delivery record. Please save the product and original packaging and notify Seller immediately to arrange for a carrier inspection and a pick-up of damaged products. Please notify Seller at AS Hanging Systems Customer Service (Phone: 450-619-7999 or Email: info@ASHanging.com) of damaged products WITHIN THE FIRST 5 DAYS of receipt. Damaged merchandise will only be exchanged for the exact product, or in the event the same product is no longer available, the Seller may substitute product of similar or greater grade, at the discretion of the Seller.

b) Non-Damaged/Not Defective - Unused/uninstalled merchandise: Please contact Seller within 15 days of original delivery date. If Buyer has non-defective merchandise, which is unopened, Seller will issue a returned materials authorization (RMA) and will provide Buyer an address to ship the product, at Buyer’s expense. All returns will incur a 20% restocking fee. Package goods will be accepted in full cartons only as returned material.

c) Non-Damaged/Not Defective - Used/installed merchandise: Seller will NOT accept returns on merchandise that has been used/installed and is not defective.

d) Defective Products: See “Product Limited Warranty”. If Covered Party has received defective merchandise, Buyer must contact Seller within 5 days of knowledge of condition for replacement of defective merchandise. However, all defective product claims must be made during the Limited Warranty Period. Only defective product will be replaced. All replacements will be made with the same product, or in the event the same product is no longer available, the Seller may substitute product of similar or greater grade, at the discretion of the Seller.

Prices: Prices are subject to change without notice.

Returns: See “Claims”. In no circumstance will product be accepted without a RMA issued by the Seller. All attempted deliveries, without a RMA will be refused at Seller’s warehouse.

Liability: The Seller is not responsible for any consequential damages incurred or to be incurred in connection with any products sold, including but not limited to the cost of labor, the lost productivity, delay damages, management time, capital costs, materials, installation, freight, or any other costs incurred or to be incurred, without limitation. The Buyer recognizes and understands that the obligation of the Seller to only replace product found to be defective is the sole remedy arising out of the Terms and Conditions.

Product Limited Warranty: Seller warrants, that when its products are stored properly prior to installation, properly installed according to Seller’s published installation instructions, used for its intended purpose, and correctly maintained after installation, the Product will be free from defects in material and workmanship for a period of one (1) year (the “Limited Warranty Period”) from the date of purchase. This Product Limited Warranty extends only to (i) to the first purchaser of the Product; (ii) the first owner of the structure to which the Product is installed and to (iii) the first transferee of said structure (the “Covered Party”). Seller is not responsible for damages caused by misuse, abuse, accidents, unauthorized service or parts, or improper installation. Except for the Product Limited Warranty expressed here, Seller disclaims all other warranties, either express or implied, including implied warranties of merchantability or fitness for a particular purpose, other than those warranties implied by and incapable of exclusion, restriction or modification under applicable law. The term of any implied warranties that cannot be disclaimed are limited to this Product Limited Warranty and Limited Warranty Period. Seller and the Buyer’s maximum liability to the other is limited to the purchase price the Buyer paid for products or services plus interest as allowed by law. Neither the Buyer nor the Seller is liable to the other if the Buyer or Seller are unable to perform due to events the Buyer or Seller are not able to control, such as acts of God, or for property damage, personal injury, loss of use, interruption of business, or other consequential punitive or special damages, however caused, whether for breach of warranty, contract, tort (including negligence), strict liability or otherwise, other than those damages that are incapable of limitation, exclusion or restriction under applicable law.

If during the Limited Warranty Period, any Product proves to be defective, Seller, in its sole discretion, shall replace the defective Product. Seller’s replacement of the defective Product SHALL BE THE SOLE EXCLUSIVE REMEDY available to the Covered Party with respect to any defect. Seller will not refund or pay any costs in connection with labor or accessory materials.

WARNING
Seller’s products shall be installed and used only as indicated in Seller’s product installation guides and training materials. Installation guides are available at www.ASHanging.com and from your Seller’s customer service representative. Improper installation, misuse, misapplication or other failure to completely follow Seller’s instructions and warnings may cause product malfunction, property damage, serious bodily injury and/or death.

Indemnity: Buyer shall indemnify Seller for any liability that results from an error or omission by Buyer or its agent or employee. In the event Buyer resells Product to its customer (Customer), the Buyer and Seller shall cooperate to resolve any Customer dispute to the reasonable satisfaction of the Customer.

Dispute Resolution: All disputes and claims between the Buyer and the Seller shall be resolved by an action brought in the state or province of the party who is responding to the claim. Any dispute shall be resolved through binding arbitration under the Commercial Arbitration Rules of the American Arbitration Association.

General: The Buyer may not assign this Terms and Conditions without the Seller’s written consent. If there is any inconsistency between this Terms and Conditions and any other agreement included with or relating to products or services purchased from the Seller, this Terms and Conditions shall govern. This Terms and Conditions may not be modified, altered or amended without the written agreement of the Seller. Any additional or altered terms attached to the order shall be null and void, unless expressly agreed to in writing by the Seller. If any terms of this Terms and Conditions is illegal or unenforceable, the legality and enforceability of the remaining provisions shall not be affected or impaired.

Privacy: The Seller respects the Buyer’s right to privacy and will take all appropriate steps to keep personal information confidential. Please see our Privacy Policy Statement.

Customer Service and Store Support: Seller will provide telephone support related to product knowledge and installation tips to Buyer’s personnel via toll-free telephone support from 9:00 a.m. to 5:00 p.m. EST. Buyer will handle all service and support to its respective retail customers. Additional information will be available at www.ASHanging.com