BY PLACING AN ORDER FOR PRODUCTS OR SERVICES FROM THIS WEBSITE, YOU AFFIRM THAT YOU ARE OF LEGAL AGE TO ENTER INTO THIS AGREEMENT, AND YOU ACCEPT AND ARE BOUND BY THESE TERMS AND CONDITIONS. YOU AFFIRM THAT IF YOU PLACE AN ORDER ON BEHALF OF AN ORGANIZATION OR COMPANY, YOU HAVE THE LEGAL AUTHORITY TO BIND ANY SUCH ORGANIZATION OR COMPANY TO THESE TERMS.
These terms and conditions apply to the purchase and sale of products and services through Triplett.com. These Terms are subject to change without prior written notice at any time, at our sole discretion.
SHIPMENTS; DELIVERY; TITLE AND RISK OF LOSS. All shipments are made F.O.B. origin. You will pay shipping, taxes and handling charges unless otherwise specified. Title and risk of loss shall pass to you when products are delivered to Carrier. Shipping and delivery dates are estimates only and cannot be guaranteed. We are not liable for any delays in shipments.
PRICES AND PAYMENT TERMS. (a) All prices, discounts, and promotions posted on this Site are subject to change without notice. Posted prices do not include taxes or charges for shipping and handling. All such taxes and charges will be added to your total price and will be itemized in your shopping cart and in your order confirmation email. (b) Payment by credit card only. You represent and warrant that (i) the credit card information you supply to us is true, correct and complete, (ii) you are duly authorized to use such credit card for the purchase, (iii) charges incurred by you will be honored by your credit card company, and (iv) you will pay charges incurred by you at the posted prices, including shipping and handling charges and all applicable taxes, if any, regardless of the amount quoted on the Site at the time of your order.
CANCELLATION. All orders must be accepted by us or we will not be obligated to sell the products to you. We may choose not to accept orders at our sole discretion, even after we send you a confirmation email with your order number and details of the items you have ordered.
RETURNS AND REFUNDS. Except for any products designated on the Site as non-returnable, we will accept a return of the products for a refund of your purchase price, less any original shipping and handling costs, provided such return is made within 30 days of delivery with valid proof of purchase and provided such products are returned in their original condition. To return products, you must call 1-800-874-7538 or e-mail firstname.lastname@example.org to obtain a Return Merchandise Authorization ("RMA") number before shipping your product. No returns of any type will be accepted without an RMA number.
You are responsible for all shipping and handling charges on returned items unless otherwise specified. You bear the risk of loss during shipment. Returns may be subject to a restocking fee.
Refunds are processed within approximately 21 business days of our receipt of your merchandise. Your refund will be credited back to the same payment method used to make the original purchase on the Site.
DESIGN CHANGES. Triplett and its suppliers reserve the right to change product design or specifications at any time without notice.
LIMITED WARRANTY & LIMITATION OF LIABILITY.
Triplett extends the following warranty to the ORIGINAL purchaser that the product will be free from defects in workmanship and material for a period of one year from the date of purchase (receipt required). Some Triplett items carry a warranty longer than one year. Ordinary wear and tear, or damage from abuse, neglect or alterations are not covered by this warranty. Triplett’s sole liability and purchaser’s sole remedy for a product failure under this limited warranty, and for any and all claims arising out of the purchase and use of the goods, shall be limited to the repair or replacement of the defective Triplett/Byte Brothers/GEM product.
To obtain repair or replacement service under this limited warranty, the purchaser must contact Triplett directly for a Return Authorization Number (RMA) by phone (800) 874-7538 or email email@example.com
LIMITATION OF LIABILITY. IN NO EVENT SHALL WE BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, PUNITIVE, EXEMPLARY OR OTHER SPECIAL DAMAGES INCLUDING WITHOUT LIMITATION DAMAGE FOR LOSS OF PROFITS, LOSS OF DATA OR COST OF PROCUREMENT OF GOODS ARISING FROM ITS PERFORMANCE OF, OR FAILURE TO PERFORM THE SERVICES OR ITS BREACH OF ANY OF THE TERMS OF THIS AGREEMENT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EVEN IF THE PARTY AGAINST WHOM THE LIABILITY IS SOUGHT TO BE IMPOSED HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSS.
IN NO EVENT SHALL OUR AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT, WHETHER ARISING OUT OF OR RELATED TO BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EXCEED THE AMOUNTS PAID BY YOU FOR THE PRODUCTS OR SERVICES SOLD THROUGH THE SITE.
GOVERNING LAW AND JURISDICTION. All matters arising out of or relating to these Terms are governed by and construed in accordance with the laws of the State of New Hampshire without giving effect to any choice or conflict of law provision or rule (whether of the State of New Hampshire or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than those of the State of New Hampshire.
WAIVER OF JURY TRIAL. EACH PARTY IRREVOCABLY AND UNCONDITIONALLY WAIVES, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ANY RIGHT IT MAY HAVE TO A TRIAL BY JURY IN ANY LEGAL ACTION, PROCEEDING, CAUSE OF ACTION OR COUNTERCLAIM ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE TRANSACTIONS CONTEMPLATED HEREBY. EACH PARTY CERTIFIES AND ACKNOWLEDGES THAT (A) NO REPRESENTATIVE OF THE OTHER PARTY HAS REPRESENTED, EXPRESSLY OR OTHERWISE, THAT THE OTHER PARTY WOULD NOT SEEK TO ENFORCE THE FOREGOING WAIVER IN THE EVENT OF A LEGAL ACTION, (B) IT HAS CONSIDERED THE IMPLICATIONS OF THIS WAIVER, (C) IT MAKES THIS WAIVER KNOWINGLY AND VOLUNTARILY, AND (D) IT HAS DECIDED TO ENTER INTO THIS AGREEMENT IN CONSIDERATION OF, AMONG OTHER THINGS, THE MUTUAL WAIVERS AND CERTIFICATIONS IN THIS SECTION.