Terms and Conditions
These terms are between AS Hanging Systems (Seller) and purchaser (Buyer) of products offered for sale by Seller and delivered to the Buyer (Products).
Shipments: Products may ship from either of West Chazy, NY (United States) or Brossard, QC (Canada) and will typically travel by FedEx. Multiple freight routings will be offered so Buyer may match timeliness of need against routing expense. Shipments may be scheduled for future deliveries and staged for construction project timing. Seller will coordinate with Buyer for the shipment of especially large and complex orders.
Delivery of Products may be suspended in whole or in part in case of such event’s that are out of Seller’s control. Seller shall not be liable for damages or delays caused by occurrences beyond its control. This includes, but is not limited to, such causes as fire, material shortages, strikes, lockouts, war and acts of God.
Minimum Order: Orders will have a minimum shipping charge of $20. "Drop Shipments" may be requested, however the minimum order condition applies to each Drop Ship location.
Quantities: It is the responsibility of the Buyer to establish the proper amount or quantities needed for any single job or project. Assistance and estimates to that end, provided by Seller’s staff, do not transfer this responsibility to Seller.
Prices & Availability: Prices and Product availability are subject to change at any time and without notice. Seller reserves the right to make substitutions or changes in design or materials. Seller will make every effort, but is not bound to, substitute with Products of equal or higher quality or performance.
In the event of a discrepancy between unit price and extensions and totals, unit price supersedes. Stenographic and clerical errors and omissions are subject to correction.
Refused Orders: Seller reserves the right to refuse or cancel an order at any time for no reason and without cause. Seller will inform the Buyer within a reasonable time period if the order is not accepted. Seller cannot be held liable for any direct or indirect damage arising from such refusal.
Be advised. Seller manages a short list of geographies from which an order may not be placed, and to which an order will not be shipped. Such orders will be refused. In such case no reason will be given.
Freight and Ownership: All shipments are FOB Seller’s warehouse(s). Risk of loss or damage to the Products passes to the Buyer upon delivery to the freight carrier at the shipping point of origination.
Buyer agrees to protect the Seller from loss of Products purchased from Seller until such time as payment for material has been completed. This protection will take the form of insurance covering all risks (such as, but not limited to, fire, theft, vandalism, accidents, and Acts of God). Such coverage will be in force from time of delivery until one of two benchmarks (Ownership Transfer), 1) time of payment in full, or, 2) until such time as material has been installed into project. Buyer agrees to provide proof of coverage when requested. Seller retains title of material until Ownership Transfer.
Credit, Payments, Bonds: Unless communicated in writing by Seller to Buyer, sales transactions are paid for by Buyer in advance of shipment. On large orders, and particularly in the case of custom goods, Seller may require advance payment or satisfactory security even when a Buyer would otherwise benefit from credit on account. Such actions are the sole discretion of the Seller. In the event the Buyer fails to make such advance payments or provide security as requested, deliveries may be curtailed without additional Seller obligation.
When requested by Seller, Buyer agrees to provide a copy of the payment bond provided to the project owner related of the project within which the Products will be installed.
Buyer agrees to pay all costs of collection if it becomes necessary for the Seller to initiate collection procedures.
Back charges or offsets against payments and outstanding invoices are not permitted by reason of any alleged defect unless and until it is agreed to in writing by the Seller.
Product Limited Warranty: Seller warrants, 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) 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 is unable to perform due to events the Buyer or Seller is 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.
Seller has no obligation to honor any warranty whatsoever until such time as the Product has been paid for in full and received by the Seller.
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, 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.
Seller only agrees to furnish Products and assumes no responsibility for the inability of the Products to meet the requirements of any project specification or compliance with an architect’s plan. Product performance is strictly limited to those specifications currently communicated, at the time of the sale, on the individual product level at the Seller’s web site, www.ASHanging.com.
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.
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 and unused/uninstalled, 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.
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.
Returns: See "Claims". In no circumstance will return of Product be accepted without a RMA issued by the Seller. All attempted deliveries, without a RMA will be refused at Seller’s warehouse.
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. No failure or delay on the part of the Seller in exercising any right, power or privilege shall act as a waiver of any other right, power or privilege. No single or partial exercise shall limit any other right, power or privilege. Rights or remedies of Seller are cumulative of any other rights or remedies that the Seller may otherwise have.
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 Customers. Additional information will be available at www.ASHanging.com.
AS Hanging Systems, its logo, Casso are trademarks of AS Hanging Systems. Footprintless, Boardless, Contempo , =AS= and Hang with the Best are registered trademarks of AS Hanging Systems. © 2013 AS Hanging Systems. All rights reserved.
Revised Nov. 2012