AKS INDUSTRIES^® TERMS AND CONDITIONS FOR ONLINE SALES

These Terms and Conditions form a part of your online purchase from AKS Industries, Inc. Read them carefully.

1. DEFINITIONS. “Seller”, “we”, and “our” all means AKS Industries, Inc., an Alaska corporation. “Buyer”, “you” and “your” all refer to you as the online purchaser. “Product” and “products” mean the goods you have selected to order from our website.
2. PLACEMENT OF ORDER; TERMS OF PURCHASE. By placing an order, you agree to all of the following:
   1. You agree to pay all charges incurred by you and any users of your credit card at the price(s) in effect when such charges are incurred. You represent and warrant that you have the right to use any credit card or other means of payment that you provide to us. By providing payment card information to us, you authorize us to store and use the card information as a payment method for online purchases. All billing information you provide to us must be truthful and accurate. Providing any untruthful or inaccurate information is a breach of these Terms and Conditions and may result in cancellation of your order. Prior to accepting an order, we may also request additional information from you. Verification of information may be required prior to the acknowledgment or completion of any purchase. We reserve the right to refuse or cancel an order for any reason including limitations on quantities available for purchase, inaccuracies, or errors in product or pricing information, or problems identified by our credit and fraud avoidance department. If your order is canceled after your credit card has been charged, we will issue a credit to the same credit card in the amount of the charge. We will attempt to contact you if all or any portion of your order is canceled or if additional information is required to accept your order.
   2. By placing an order, you represent that you have complied and will continue to comply with these Terms and Conditions, including Seller’s Limited Product Warranty and all warranty exclusions.
   3. You agree that the products ordered will be used only in a lawful manner.
   4. While we have made efforts to accurately display the attributes of Products, including the applicable colors, as the actual colors you see will depend on your monitor, we cannot guarantee that your monitor’s display of any color will accurately reflect actual product color or finish. In addition, certain weights, measures, and similar descriptions are approximate and are for convenience only.
   5. By entering your credit card information and confirming your purchase at the end of the checkout process, you agree to accept and pay for the Products, as well as all shipping and handling charges and applicable taxes and fees.
3. RETURN POLICY. Products can be returned for a partial refund within 30 days of delivery as long as they are in original and unused condition and are returned in their original packaging. Seller will retain a restocking fee equal to 10% of the price of the goods. The remaining 90% of the purchase price will be credited to the credit card used for purchase if we have received the product within 30 days from delivery and determine that you are eligible for a refund. It is your responsibility to pay for return shipping. It can take up to 30 days for us to receive and process your return. In certain circumstances refund timeframes may be longer. If we need additional information about your return, we will notify you with instructions to contact us.
4. PRICING INFORMATION; AVAILABILITY; CANCELLATION. We cannot confirm the price or availability of a product until after your order is placed. Pricing or availability errors may occur. The receipt of an order confirmation does not constitute our acceptance of an order or confirmation of an offer to sell a product. We reserve the right to cancel any orders with no further obligations to you, even after your receipt of an order confirmation or shipping notice.
5. SHIPPING AND DELIVERY. Products will be shipped to an address designated by you so long as such address is complete, located in the continental USA, and complies with applicable shipping restrictions. We reserve the right to verify all orders, including orders where the shipping address does not match the credit card billing address. All transactions are made pursuant to a shipping contract and as a result, risk of loss and title for Products pass to you upon delivery of the Products to the carrier. We will not deliver any Product to a location outside the continental USA. Shipping and delivery to the states of Hawaii and Alaska is available but requires shipping rates not available for online purchases; please contact us directly for additional information.
6. DISCLAIMER OF WARRANTIES; LIMITED PRODUCT WARRANTY.
   1. DISCLAIMER OF WARRANTIES EXCEPT AS EXPLICITLY AND EXPRESSLY SET FORTH IN THIS SECTION 6, SELLER MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE PRODUCTS OR THE FUNCTIONALITY OF THE PRODUCTS. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, SELLER DISCLAIMS ALL WARRANTIES, EXPRESS, STATUTORY OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE FOREGOING, SELLER DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, FOR ANY PRODUCT OFFERED. YOU ACKNOWLEDGE THAT, TO THE FULLEST EXTENT PROVIDED BY APPLICABLE LAW, YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. THIS DISCLAIMER CONSTITUTES AN ESSENTIAL PART OF THESE TERMS OF USE. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU ASSUME FULL RESPONSIBILITY FOR YOUR USE OF THE PRODUCT AND AGREE THAT ANY INFORMATION YOU SEND OR RECEIVE MAY NOT BE SECURE AND MAY BE INTERCEPTED OR OTHERWISE ACCESSED BY UNAUTHORIZED PARTIES. YOU AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, SELLER IS NOT RESPONSIBLE FOR ANY LOSS OR DAMAGE TO YOUR PROPERTY OR DATA THAT RESULTS FROM ANY MATERIALS YOU ACCESS OR DOWNLOAD. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE FOREGOING LIMITATIONS MAY NOT APPLY TO YOU.
   2. LIMITED PRODUCT WARRANTY Except as otherwise provided below, Seller warrants to the Buyer that all Products sold by Seller shall be free from defects in material and workmanship under normal use and service for a period of one (1) year. SELLER’S SOLE OBLIGATION, AND BUYER’S SOLE AND EXCLUSIVE REMEDY, UNDER THIS WARRANTY SHALL BE THE REPAIR OR REPLACEMENT, AT SELLER’S OPTION, F.O.B. ORIGIN AND SUBJECT TO THE TERMS AND CONDITIONS OF THIS WARRANTY, OF ANY SHELTER PART OR PARTS WHICH ARE DETERMINED BY SELLER TO BE DEFECTIVE. This warranty does not cover failures caused by improper installation, abuse, misuse, misapplication, improper or lack of maintenance, negligence, accident, normal deterioration including normal wear and tear, use of improper parts or improper repair. This warranty does not cover any Product or part thereof that is worn out or altered, used for a purpose other than that which it was intended, or used in a manner inconsistent with any instructions regarding its use. This warranty does not cover any Product or part thereof which has been repaired, modified or altered in such a way as to, in the Seller’s sole judgment, have affected its usefulness or viability. This warranty does not include costs for removal, transportation, or re-installation of the Product. This warranty does not cover damage caused by any acts of nature such as hail, fire, earthquakes, floods, ultraviolet light degradation, corrosion caused by extreme high humidity environments, or other factors over which Seller has no control. No agent, employee, or representative of Seller has any authority to bind Seller to any affirmation, representation, or warranty concerning the Product except as stated in this warranty. Seller’s obligation under this warranty is limited to repairing or replacing at the place of origin any part or parts which shall within the warranty period be returned to the Seller, with transportation charges prepaid and which the Seller’s examination shall disclose to its sole satisfaction to have been defective. EXCEPT AS HEREIN ABOVE SET FORTH, SELLER MAKES NO WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO THE GOODS, AND THE WARRANTY HEREIN ABOVE SET FORTH IS EXPRESSLY IN LIEU OF ANY WARRANTIES AND REPRESENTATIONS, EXPRESS OR IMPLIED, AND ALL OTHER OBLIGATIONS OR LIABILITIES ON THE PART OF SELLER. WITHOUT LIMITING THE FOREGOING, SELLER DISCLAIMS ALL WARRANTIES OF MERCHANTABILITY AND FITNESS FOR PARTICULAR PURPOSE. Any claim under the above specified warranty shall be forwarded to the Seller in writing, specifying the defect claimed, the length of service of the Product involved, and, if known, the date on which the Product was procured. The Buyer agrees to permit the Seller to conduct an investigation of the claimed defect at the Buyer’s facility if considered necessary by Seller. NO GOODS MAY BE RETURNED WITHOUT SELLER’S PRIOR WRITTEN PERMISSION.
7. LIMITATION OF LIABILITY. YOU ACKNOWLEDGE AND AGREE THAT, TO THE FULLEST EXTENT PROVIDED BY APPLICABLE LAW, SELLER WILL NOT BE LIABLE TO YOU OR TO ANY OTHER PERSON UNDER ANY CIRCUMSTANCES OR UNDER ANY LEGAL OR EQUITABLE THEORY, WHETHER IN TORT, CONTRACT, STRICT LIABILITY, OR OTHERWISE, FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL LOSSES OR DAMAGES OF ANY NATURE EVEN IF AN AUTHORIZED REPRESENTATIVE OF SELLER HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. TO THE FULLEST EXTENT PROVIDED BY APPLICABLE LAW, THIS DISCLAIMER APPLIES TO, BUT IS NOT LIMITED TO, ANY DAMAGES OR INJURY ARISING FROM ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECTS, DELAY IN OPERATION OR TRANSMISSION, LOST PROFITS, LOSS OF GOODWILL, LOSS OF DATA, WORK STOPPAGE, ACCURACY OF RESULTS, COMPUTER FAILURE OR MALFUNCTION, COMPUTER VIRUSES, FILE CORRUPTION, COMMUNICATION FAILURE, NETWORK OR SYSTEM OUTAGE, THEFT, DESTRUCTION, UNAUTHORIZED ACCESS TO, ALTERATION OF, LOSS OF USE OF ANY RECORD OR DATA, AND ANY OTHER TANGIBLE OR INTANGIBLE LOSS. SUBJECT TO THE FOREGOING, TO THE FULLEST EXTENT PROVIDED BY APPLICABLE LAW, SELLER WILL NOT BE LIABLE FOR ANY DAMAGES IN EXCESS OF THE AMOUNT PAID BY YOU IN CONNECTION WITH YOUR ONLINE PURCHASE. YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT, TO THE FULLEST EXTENT PROVIDED BY APPLICABLE LAW, SELLER WILL NOT BE LIABLE FOR ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT.
8. FORCE MAJEURE AND COMMERCIAL IMPRACTICABILITY. No delay, failure or omission by Seller to carry out or to observe any of the Terms or Conditions shall be deemed a breach if such delay, failure or omission is caused by or arises out of any act of God, strike, lockout, shortage of material or labor, restriction by any governmental authority, civil riot, flood, fire, and any other cause not within the reasonable control of Seller. In such case, the period for Seller’s performance shall be automatically extended for the same time that Seller was delayed. In addition, if any part of Seller’s performance shall become commercially impracticable, Seller shall be excused from further performance or, at Seller’s option, so much of it as is affected by such commercial impracticability. For purposes of the Contract, Seller’s performance is commercially impracticable if it would require Seller to incur excessive or unreasonable expenses, whether or not such expenses are a result of a force majeure condition, and whether or not such expenses result from the occurrence or nonoccurrence of events or circumstances that could or should have been foreseen by Seller.
9. INDEMNIFICATION. You agree to defend, indemnify, and hold Seller and its officer, directors, shareholders and employees harmless from and against any and all liabilities, claims, damages, costs, and expenses, including attorneys’ fees and costs, arising from or related to your use of the Product and/or any breach by you of these Terms and Conditions.
10. GENERAL.These Terms and Conditions represent the complete agreement and understanding between you and Seller and supersede all prior agreements and representations between the parties with respect to the subject matter of these Terms and Conditions. These Terms and Conditions do not, and shall not be construed to, create any partnership, joint venture, employer-employee, agency, or franchisor-franchisee relationship between you and Seller. Headings used in these Terms and Conditions are for reference purposes only and in no way define or limit the scope of the section. The failure of Seller to act with respect to a breach of these Terms and Conditions by you or others does not constitute a waiver and will not limit Seller’s rights with respect to such breach or any subsequent breaches. You may not assign, transfer, or sublicense any or all of your rights or obligations under these Terms and Conditions without our express prior written consent. We may assign, transfer, or sublicense any or all of our rights or obligations under these Terms and Conditions without restriction. Any use of the term “including” or variations thereof in these Terms and Conditions shall be construed as if followed by the phrase “without limitation.”
11. GOVERNING LAW; VENUE. The Contract shall be construed and governed under the laws of the State of Arizona. In the event of a dispute under or as to the terms of the sale, the parties agree that jurisdiction and venue shall lie exclusively in the courts at Scottsdale, AZ.