TERMS and CONDITIONS
By using this website, or ordering merchandise from it, you fully acknowledge and agree that you have read, understand, and agree to be bound by these Terms and Conditions. Please review these Terms and Conditions, and if you do not agree with them - please do not order from our website.
Our minimum order amount is $10.00.
ThermalFX.com, Inc., reserves the right to refuse or cancel any order at any time, for any reason.
We DO NOT DROP SHIP or SHIP ORDERS BLIND.
If you are a reseller, purchasing an item for your customer, you must contact us BEFORE you place an order for shipment to your customer.
Any information provided by you that appears to be specious, false or incomplete may delay the processing of your order.
Any or all automated or electronic orders and/or confirmations do not indicate acceptance of or an obligation to fulfill any order.
We use the information you provide about yourself when placing an order only to complete that order.
We do not share this information with outside parties except to the extent necessary to complete that order, ship the product and to confirm delivery.
PRICING OR TYPOGRAPHICAL ERRORS
Although reasonable efforts are used to ensure that this website will be current and will contain no errors or inaccuracies, no representations, warranties, guarantees or conditions (whether express or implied) are given as to the operation of this website or that this website and the information, content or materials included in this website will be error free or completely accurate or current at all times, or at any time.
While ThermalFX.com, Inc. strives to provide accurate product and pricing information for the products on this website, pricing or typographical errors may occur.
Such errors may occur on this website, in advertisements placed on this website or in external listings and links to this website.
We therefore reserve the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice (including after you have submitted your order).
Please note that such errors, inaccuracies or omissions may relate to product description, pricing and availability.
We also reserve the right to limit quantities (including after you have submitted your order).
In the event that any item is listed at an incorrect or different price or with incorrect information due to an error in pricing or product information, ThermalFX.com, Inc., shall have the right, at its sole discretion, to refuse or cancel any or all orders placed at any time.
Prices and availability of all products are subject to edit, change or cancellation at any time, without notice.
DAMAGES OR INJURIES
ThermalFX.com, Inc., WILL NOT BE LIABLE OR RESPONSIBLE FOR ANY DAMAGE OR INJURY CAUSED BY YOUR USE OF THE SITE.
ThermalFX.com, Inc., assumes no liability or responsibility for any direct, incidental, consequential, indirect or punitive damages or injuries, including but not limited to errors, omissions, typographical errors, delays in transmission, mistakes, interruptions, deletion of files, and delays in operation, a User's reliance on or use of any information, service or merchandise provided on or through the Site, or any failure of performance caused by or arising out of use of or access to any content or information contained in the Site, the content of any site, or sites hyper-linked to the Site, even if ThermalFX.com, Inc., is negligent and/or has been advised of the possibility of such damages.
You agree to defend, indemnify and hold harmless ThermalFX.com, Inc., and its affiliate companies, employees, directors, officers, agents, material or communication providers, and Internet Service Providers from any and all losses, liabilities, claims, expenses, damage awards, including, but not limited to attorneys' fees, that arise from any claim action, demand, by use of, or in connection with your posting or transmission of any content to the Site or any communication you send to ThermalFX.com, Inc., via the Site.
LIMITATION OF LIABILITY:
ANY and ALL PRODUCTS SOLD ON THIS WEBSITE ARE TO BE USED AT YOUR OWN RISK!
Under no circumstance is ThermalFX.com, Inc., it's owners, officers, employees or affiliates liable for any of the following:
- Any type of third party claim against you for damages.
- Any loss of or damage to your hardware or equipment, records, data, or any peripheral device or accessory connected to the purchase, installation or use of any of the products sold, exchanged or transferred from ThermalFX Inc.
- Any or all monetary or economic damages, lost profits, lost data, or lost savings, lost time or incidental damages.
- The proper or improper use or misuse of any or all of the products sold on our website.
We assume, and you imply, that you know what you are doing and have the knowledge and experience necessary to properly install or use the products you are purchasing from ThermalFX, Inc..
All items purchased from ThermalFX, Inc. include a 30 day warranty against manufacturer's defects in materials and workmanship, starting from the date of delivery.
This warranty applies only to the original purchaser of the item. This warranty does not apply to any item that has been modified, altered, or used in a manner other than that for which it was intended.
Products are not guaranteed or warranted as to compatibility with your components with regard to use, fit, function or usability. You alone are responsible for making certain that the parts you order from ThermalFX, Inc., will work with your system.
ThermalFX, Inc., reserves the right to repair or replace any or all warranted defective items or items suspected of being defective solely at our discretion.
Please carefully check your order with the enclosed packing slip.
Report any errors in shipping immediately by email or telephone.
We will not accept ANY claims for shortages or incorrectly shipped quantities or items after 3 business days from the time of delivery.
Your email notice to us will guarantee your claim if sent within the three day period from the time of delivery.
We offer a 30-Day money back guarantee on our products if they are in the same condition as they were when you bought them, including original packaging.
Exceptions are special ordered items not in stock, specially priced items that are closeouts, sold "AS IS" or one of a kind items, which will state what the specific warranty is, if any.
Return shipping back to us is at the customer's expense and is not refundable.
There may be a 20% restocking fee on any returned or canceled order.
Any axial fan ordered with optional connectors and returned for refund, will be subject to a 20% restocking fee.
Shipping costs are non-refundable unless the item is defective, lost or damaged in shipment.
There are no returns or refunds for custom or specially ordered items.
Please contact us by email, telephone or FAX, before you send a product back.
COPYRIGHTS AND TRADEMARKS:
The copyrights for all written and or graphic materials appearing on ThermalFX.com, are protected by international copyright laws.
The copyright or trademarks on these materials is held by ThermalFX, Inc., or by the original creator(s) of the materials.
None of the materials may be copied, posted, published, transmitted, modified, reproduced, and/or distributed in any form or by any means without the express written consent and permission from the owners and officers of ThermalFX, Inc.
All rights not expressly granted herein are maintained and reserved.
Any unauthorized use of the written or graphic contents present on ThermalFX.com, may violate copyright, trademark and other applicable laws and may result in criminal or civil suits or actions and possible subsequent penalties.
Governing Law and Jurisdiction:
Any dispute arising out of or related to these Terms and Conditions or the sales transaction between ThermalFX, Inc., and you the customer, shall be governed by the laws of the State of California, 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.
ThermalFX, Inc., and you, the Consumer consent to the exclusive jurisdiction and the venue of the Courts of the State of California to resolve any dispute between them related hereto, and both parties waive all rights to contest this exclusive jurisdiction and venue of those same Courts.
You, the Consumer furthermore agree to not bring any legal action or actions based upon any legal theories including contract, tort, equity or otherwise, of any kind against ThermalFX, Inc., that is more than one year after the date of the invoice in question.
If any of the provisions contained in this agreement are, or become 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 California.
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.
THE BOTTOM LINE:
To state it simply, we believe that NO SALE IS EVER FINAL.
- If you have a problem, just be honest with us about what is happening and what it is you want.
- If you fouled up, just say so.
- If we foul up we will tell you, too.