Política de envío
Pr-Drive Fasteners
Effective Date: 1/1/2021
Last Modified: 1/1/2021
- Acceptance of the Terms of Sale
The Terms of Sale govern the sale of products (“Products”) by Pro-Drive Fasteners, its affiliates, and any of its third-party vendors and/or service providers (“Company”, “we”, “us”, or “Seller”) to Customer (“you” or “Buyer”).
Please read the Terms of Sale carefully. By purchasing Products from Seller, you accept and agree to be bound and abide by the Terms of Sale. If you do not agree to the Terms of Sale, you must not attempt to purchase Products from Seller.
- Orders
All orders placed by Customer are subject to the acceptance of the orders by Seller.
- Order Additions or Modifications
You may combine orders. If a combined order will require shipment to multiple destinations, Seller will charge an additional $10.00 processing fee. If a combined order will require shipment to only one destination, no additional processing fee will be charged.
An order may be modified at Seller’s sole discretion upon request from Customer. An order cannot be modified after the order has been processed. You may contact Seller to request an order modification by calling (307) 223-7343 or emailing admin@ProDriveHD.com.
- Order Cancellations
An order may be cancelled at Seller’s sole discretion upon request from Customer. An order cannot be cancelled after the order has been processed. Special order items cannot be cancelled and are subject to any and all penalties Seller incurs from the vendor. You may contact Seller to request an order cancellation by calling (307) 223-7343 or emailing admin@ProDriveHD.com.
- Order Shipment
Orders ship within 2 business days when possible. Import orders ship when stock arrives, usually within 3-4 days of arrival. Multiple orders to the same address may be shipped together at Seller’s sole discretion.
Seller’s shipment and delivery dates are estimates only and Seller is not liable for delays in shipment or for failure to perform due to causes beyond the reasonable control of the Seller. The carrier shall not be deemed an agent of the Seller. A delayed shipment or delivery of any part of an order does not entitle Customer to cancel any part of the order.
- Out-of-Stock Products
Out-of-stock Product(s) will not be backordered. A Product may be out-of-stock if it has been discontinued, is on backorder by the manufacturer or is otherwise unavailable. Inventory is updated daily.
An order may be cancelled by Seller if Products are out-of-stock. Orders are filled on a first come, first served basis.
- Product Pricing
We attempt to be as accurate as possible with the prices reflected on the Website, however the final price of a Product may be different from the price reflected on the Website, such as due to changes in supplier pricing, typographical error, or transit costs.
If the final price of a Product is different than the price reflected on the Website, we will contact Customer for instructions prior to processing the order.
Sales tax will be collected on all orders, regardless of the shipping destination, unless Customer has a signed sales tax exemption certificate on file. Customer may contact Seller at (307) 223-7343 or admin@ProDriveHD.com to place a signed sales tax exemption certificate on Customer’s file.
- Payment
Payment may be made by check, credit card, money order, wire, or ACH transfer. Credit card transactions are subject to an additional 3% charge.
Seller at its sole discretion may allow Customer to have an open account with approved credit. Customer may contact Seller at (307) 223-7343 or admin@ProDriveHD.com to request an open account.
Invoices not paid within 30-days are subject to 1.5% per month finance charges (18% per annum). If Seller uses an attorney or other agency for collection, if suit is brought for collection, or if any judicial proceeding is brought for collection, Customer agrees to pay all costs of collection, including but not limited to, collection agency fees, attorney fees, filing fees, and court costs incurred by Seller.
Title and risk of loss pass to the Customer upon delivery of the Product by Seller to the carrier.
- Returns
An order may be returned at Seller’s sole discretion upon request by Customer. Customer may contact Seller at (307) 223-7343 or admin@ProDriveHD.com to request a Return Material Authorization Number (“RMA Number”) and Return Shipping Instructions. All returns must be requested by Customer within 7 days of Customer’s receipt of the order.
All returns must have the RMA Number written on the package. The returned Products must be unused, must be in the original, un-opened packaging, and must contain all paperwork provided with the order. All returns must be sent pre-paid and must be insured to ProDriveHD. Customer is responsible for the return shipping and handling charges.
Upon receipt and inspection of the returned Products, Seller will refund the amount of the returned Product(s) minus a 25% restocking fee. Seller will not refund shipping charges.
If Customer refuses a shipment, or Customer provides an incorrect address for shipment, Customer will incur any and all return shipment charges. Seller will refund the amount of the order minus any and all return shipment charges and minus a 25% restocking fee.
- Disclaimer of Warranties
Seller warrants to Buyer that Products purchased hereunder will conform to the American Society of Testing Manufacturers (“ASTM”) industry standards. If Seller breaches this warranty, Buyer’s remedy is limited to (at Seller’s sole discretion) (1) refund of Buyer’s purchase price for such Products, (2) repair of such Products or (3) replacement of such Products, provided that such Products must be returned to Seller within 20 days from date of receipt by Buyer. No warranty will apply if the Product has been subject to misuse, neglect, or accident or modification.
Save as expressly provided in these terms and conditions, all implied warranties, terms and conditions (whether statutory or otherwise) are excluded to the fullest extent permitted by law. In particular, seller makes no warranty respecting the merchantability of the products or their suitability or fitness for any particular purpose, non-infringement of third-party rights and warranties against latent defects.
- Limitation of Liability
Buyer shall not be entitled to, and seller shall not be liable for, loss of profits or revenue, promotional or manufacturing expenses, overheads, business interruption cost, loss of data, removal or reinstallation costs, injury to reputation or loss of buyers, punitive damages, IPR infringement, loss of contracts or orders or any indirect, special, incidental or consequential damages of any nature. Buyer’s recover from seller for any claim shall not exceed the purchase price paid for the affected products irrespective of the nature of the claim whether in contract, tort, warranty, or otherwise. Buyer will indemnify, defend, and hold seller harmless from any claims based on (a) seller’s compliance with buyer’s designs, specifications, or instructions, (b) modification of any products by anyone other than seller, or (c) use in combination with other products.
- Force Majeure
Seller is not liable for failure to fulfill its obligations for any accepted Order or for delays in delivery due to causes beyond Seller’s reasonable control including, but not limited to, acts of God, natural or artificial disaster, riot, war, strike, delay by carrier, shortage of Product, acts or omissions of other parties, acts of omissions of civil or military authority, Government priority, changes in law, material shortages, fire, strikes, floods, epidemics, quarantine restrictions, acts of terrorism, delays in transportation or inability to obtain labor, materials or Products through its regular sources, which shall be considered as an event of force majeure excusing Seller from performance and barring remedies for non-performance. In an event of force majeure condition, the Seller’s time for performance shall be extended for a period equal to the time lost as a consequence of the force majeure condition without subjecting Seller to any liability or penalty. Seller may, at its option, cancel the remaining performance, without any liability or penalty, by giving notice of such cancellation to the Buyer.
- Governing Law and Jurisdiction
All matters relating to the Terms of Sale and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of South Carolina without giving effect to any choice or conflict of law provision or rule (whether of the State of South Carolina or any other jurisdiction).
Any legal suit, action or proceeding arising out of, or related to, this Terms of Sale shall be instituted exclusively in the federal courts of the United States or the courts of the State of South Carolina in each case located in the City of Fort Mill and County of York although we retain the right to bring any suit, action or proceeding against you for breach of these Terms of Sale in your country or residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
- Arbitration
At Company’s sole discretion, it may require you to submit any disputes arising from the use of these Terms of Sale, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration under the Rules of Arbitration of the American Arbitration Association applying South Carolina law.
- Limitation on Time to File Claims
Any cause of action or claim you may have arising out of or relating to these terms of sale must be commenced within 1 year after the cause of action accrues, otherwise, such cause of action or claim is permanently barred.
- Waiver and Severability
No waiver by the Company of any term or condition set forth in these Terms of Sale shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms of Sale shall not constitute a waiver of such right or provision.
If any provision of these Terms of Sale is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Sale will continue in full force and effect.
- Entire Agreement
The Terms of Sale constitute the sole and entire agreement between you and ProDriveHD with respect to the Website and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Website.