Pump Stop Online, Inc

 

Sales Terms and Conditions

Pump Stop Online reserves the right at any time to amend these Terms and Conditions. It is Customer’s responsibility to review the Terms and Conditions prior to submitting each order. Pump Stop Online has no responsibility to notify you of any changes prior to effective date of the changes. Customer shall be deemed to accept such amended Terms and Conditions by ordering products offered after the date of such amendment.

1. DEFINITIONS. The following definitions apply to these Terms and Conditions of Sale:

1.1 Accessory means any special device distributed by Pump Stop Online, which may be used in conjunction with the operation of Equipment.

1.2 Agreement means these Terms and Conditions of Sale.

1.3 Customer means any person or entity that purchases any Equipment, Accessories or Parts directly from Pump Stop Online.

1.4 Equipment means any equipment or device as may be distributed from time to time by Pump Stop Online.

1.5 Part means any components manufactured or sold by Pump Stop Online which are part of any equipment or device, including the Equipment.

1.6 Pump Stop Online means, Pump Stop Online, Inc., a Florida Corporation.

1.7 Product means Equipment, Parts and Accessories or a combination of them, which are distributed from time to time by Pump Stop Online

 2. ORDERING INFORMATION.

2.1 Purchase Orders. Purchase orders may be placed by e-mail to sales@pumpstoponline.com, or directly through our web page.

2.1.1 The following information is required and must be validated by the Customer and our Pump Stop Online team on every purchase order:

• Account number

• Customer name

• Complete delivery address

• Purchase order number

• Contact name and telephone number

• Product part number or model

• Quantity

• Delivery date request

• Any special instructions

2.1.2 When Customers uses its own purchase order form, only the above information shall be applicable to and binding upon Pump Stop Online. Any purchase order terms and conditions, and/or modifications regarding pricing or general ordering information, shall not be effective. Customer acknowledges and agrees that the terms and conditions of this Agreement supersede the terms and conditions of any purchase order or other documentation used by Customer and, except for delivery and billing addresses, and types and quantities of items ordered, any conflicting or additional terms are void and have no effect

2.1.3 All orders are subject to acceptance by Pump Stop Online and become final only when accepted by Pump Stop Online. The terms and conditions of sale contained in this Agreement shall be effective on the date of shipment.

2.2 Ordering (Lead Time, etc). Without limiting the foregoing, at a minimum, all Products must be ordered in accordance with the following requirements:

• All orders are subject to credit approval and acceptance by our corporate office.

• Scheduled shipments may be available for Customer based on Customer’s location, frequency and volume of purchases. Contact Pump Stop Online’s Customer Service department to check availability or the possibility of establishing scheduled shipments at info@pumpstoponline.com,

2.3 General Minimum Order Charge. Orders totaling less than $100 in total Product may be assessed a minimum order charge of $10, if the product ordered needs special packing.

2.4 “Emergency” Orders (next day delivery).

2.4.1 Pump Stop Online reserves the right to accept or reject emergency purchase orders. Emergency orders, if accepted, will be delivered to the best of our abilities and based on available inventory, and are subject to a $10 handling fee plus all related shipping/delivery charges.

2.4.2 Pump Stop Online will attempt to ship all accepted “emergency orders” to Customers on an expedited basis based on Customer’s request, Pump Stop Online will not be liable for any loss or damage arising out of delay or failure of shipment or delivery.

3. BILLING AND PAYMENT INFORMATION.

3.1 Prices. Customer’s total price for the Products will be stated in the corresponding invoice. Customer understands and accepts that prices for Products published by Pump Stop Online are subject to change without notice prior to the acceptance of an order by Pump Stop Online.

3.2 Shipping and Handling, Taxes and other charges. Published Product prices are exclusive of all taxes, shipping and handling charges and other regulatory surcharges, unless otherwise stated. Customer shall be exclusively responsible for the payment of all applicable federal, state and local sales tax, use, excise, and/or gross receipt tax resulting from transactions with Pump Stop Online, regardless of legal liability for the tax. Customer shall also be responsible for all applicable shipping or handling charges or applicable sales and other taxes and regulatory surcharges (present and/or future). Accordingly, all such charges and taxes will be added to the purchase price in the corresponding invoice.

3.3 Invoices. Product will be invoiced as soon the items are shipped. Payment must be made within terms of sale as indicated on the invoice. As on online store, we usually work as cash-on-delivery basis. Questions regarding invoices should be directed to Pump Stop Online’s Credit and Collections Department at the number (305) 908.4600 and/or e-mail address admin@pumpstoponline.com.

3.4 Payment Terms. Subject to credit approvals, and in some cases we may accept payment terms. These payment terms are applied from the date of the invoice. Payment will be accepted by online paying systems – Pay Pal and credit card, and in some cases, checks, cash, or wire transfer. A service charge of 1 ½% per month (or the highest amount allowed by applicable law, if lower) shall be added to all amounts past due. Pump Stop Online also reserves the right to suspend further deliveries of Products to Customer in the event of delays or lack of payment of invoices by Customer.

3.5 Returned Checks. A $100 service charge will be assessed for all returned checks.

4. RETURNED GOODS POLICY

Returns will be accepted within 5 days of delivery, but buyer is responsible for shipping charges, interchange fee and a 15% restocking fee to cover handling and repackaging expenses. Returns must be in new and uninstalled condition with original materials and packaging. You may return the item to us, shipping prepaid, using the shipping method of your choice. Some of the products we sell include free shipping, so if you return any of these products our actual outbound shipping costs will be deducted from your return refund. Opened returns must be in new and uninstalled condition with original materials and packaging. No returned merchandise will be accepted without a Return Goods Authorization (RGA). Please write our Returns Department to obtain a RGA # and shipping instructions at service@pumpstoponline.com.

4.1 All Configured, Built-to-Order and special ordered items sales are Final and are Non-returnable. Notwithstanding the foregoing, Pump Stop Online may, in its sole and own discretion, and on a case-by-case basis, accept certain return of products, charging 25% of the product value as a re-stocking fee. The restocking fee will have to be approved by the Pump Stop Online before proceeding with the return. Customer understand and accepts that any such decision by Pump Stop Online will not be considered a waiver of this provision and that such decision, if taken, is limited to that particular instance and does not apply to other Product purchases made by Customer. Customer further acknowledges and understands that Pump Stop Online’s decision to accept a return for a particular Customer is exclusive to that Customer and that particular instance and that Pump Stop Online is under no obligation to allow returns of Products to other Customers.

4.2 General Return Requirements. All Products must be handled, maintained and stored properly at all times to be eligible for return and/or credit. The good care of the product also applies and includes the return delivery processing of the product. Without limiting the foregoing, at a minimum, all delivered Products must be handled and stored in accordance with the following requirements: • Products must be stored at the originally delivered site, in the original, unopened, and undamaged carton or package. • Products must be handled and stored in a sanitary manner. • Products must be handled and stored to avoid contamination of any kind. • Products must be maintained in accordance with any and all other handling and storage recommendations and information provided in Product literature, labeling, packaging information and/or otherwise made available to Customer.

4.3 Factory Direct Items. Products shipped from the manufacturer cannot be returned to Pump Stop Online. These items are shipped to you directly from the manufacturer and may be returned only with approval from the manufacturer. If approved, you may return the item directly to the manufacturer, shipping prepaid, using the shipping method of your choice. Some of the products we sell include free shipping, so if you return any of these products our actual outbound shipping costs will be deducted from your return refund. You will also be responsible for a 20% restocking fee to cover handling, testing, cleaning and repackaging expenses. 4.4 Prompt Notice of Shipping Errors. Customer will promptly notify Pump Stop Online’s Customer Service department of any alleged shipment errors. FOR ELIGIBILITY CONSIDERATION UNDER Pump Stop Online’s RETURNED GOODS POLICY, Pump Stop Online’s CUSTOMER SERVICE DEPARTMENT MUST BE NOTIFIED OF ANY ALLEGED SHIPPING ERRORS WITH RESPECT TO PRODUCT DELIVERED HEREUNDER WITHIN TWO (2) BUSINESS DAYS AFTER CUSTOMER’S RECEIPT OF PRODUCT, REGARDLESS OF THE ALLEGED PROBLEM OR CAUSE FOR RETURN.

All notifications and communications with our Customer Service department should use the following email: service@pumpstoponline.com

4.5 Returned Goods Authorization (RGA) Required. In all cases, prior authorization, evidenced by a Returned Goods Authorization (RGA) number, to return Product is required from Pump Stop Online’s Customer Service department. Credit will not be issued without prior authorization of the return. To initiate a RGA process, please go to the following link: www.pumpstoponline.com/RGA

4.5.1 Return Procedure

• Initiate a RGA process, please go to the following link: www.pumpstoponline.com/RGA or

• Call our customer care service at (305) 908-4600 to set up an RGA over the phone

• Your RGA # MUST be included in the return package.

• Pack the item(s) securely in the original product packaging.

• Include all paperwork, parts, and accessories.

• All returned items must be brand new, unused and in their original packaging.

• Returned items will be inspected upon arrival.

• The package should be returned to the address listed on your RGA.

• The return package can be sent using the carrier of your choice. Keep the tracking number to monitor delivery status.

• If all requirements are met and Pump Stop Only team determines that it is warrant under 4.4.1, you can expect a refund in the same form of payment originally used for the purchase within 2-4 weeks of our receipt of the returned items.

4.5.2 Product inspection and determination by our technical department that Customer has met its obligations under Section 4.1 hereto and that the return Products are in good working condition and are able to be restocked and sold is also required before issuing any credit. Pump Stop Online SHALL HAVE NO RESPONSIBILITY OR LIABILITY TO CUSTOMER FOR PRODUCTS RETURNED WITHOUT Pump Stop Online’s RGA number and prior written authorization.

4.6 No Credit for No-Charge Product. For the avoidance of doubt, Product provided at no charge is not eligible for return for credit under any circumstances.

4.7 Damaged Product. Customer is responsible for any damage to the returned Products and which may occur while the Products are at Customer’s facilities, and also during packaging and transit to Pump Stop Online location.

5. FORCE MAJEURE. Pump Stop Online shall not be liable for nonperformance or delays caused by strikes, lockouts, concerted acts of workers or other industrial disturbances, fires, explosions, floods, or other natural catastrophes, civil disturbances, riots, or armed conflict, whether declared or undeclared, curtailment, shortage, rationing, or allocation, of normal sources of supply, labor, materials, transportation, energy, or utilities, accidents, acts of God, sufferance of or voluntary compliance with acts of government or governmental regulation, (whether or not valid) embargoes, or any other cause which is beyond the commercially reasonable control of Pump Stop Online. Customer agrees that in the event of any of the foregoing, Pump Stop Online may, subject to Pump Stop Online’s good faith discretion and without liability to Customer, allocate the distribution of any of its Products (including the Products subject to this Agreement) among its Customers.

6. APPLICABLE LAW AND DISPUTE RESOLUTION.

6.1 Applicable Law. These terms and conditions of sale shall be interpreted and construed in accordance with the substantive laws of the State of Florida.

6.2 Dispute Resolution/Arbitration. The parties shall attempt to resolve any and all disputes, claims or controversies arising out of or relating to this Agreement promptly by negotiation between executives who have authority to settle the controversy. If such disputes, claims or controversies are not resolved through such negotiation, then they shall be submitted for final and binding arbitration pursuant to the arbitration clause set forth below. Either party may initiate arbitration with respect to the matters submitted to negotiation by filing a written demand for arbitration at any time following the initial negotiation session.

6.3 Arbitration Process. To the extent not resolved by mediation, any dispute, claim or controversy arising out of or relating to this Agreement or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this Agreement to arbitrate, shall be exclusively be settled through arbitration in accordance with the Commercial Arbitration Rules and Optional Rules for Emergency Measures of Protection issued by the American Arbitration Association (AAA) rules and by the Florida Arbitration Code. The arbitration, which will take place in Broward County, Florida, shall be conducted by a single arbitrator selected by the parties (the AAA will select the arbitrator if the parties cannot agree on a choice of arbitrator).

6.4 Confidential Process. Except as may be required by law, neither a party nor an arbitrator may disclose the existence, content, or results of any arbitration hereunder without the prior written consent of both parties.

7. CUSTOMER SERVICE INQUIRIES

All customer service inquiries, including those which relate to the standard terms and conditions of sale contained in this Agreement must be directed to Pump Stop Online’s Customer Service Department at the number (305) 908.4600 or at the email address service@pumpstoponline.com

8. WARRANTIES AND LIMITATION OF LIABILITY.

8.1 Pump Stop Online is a distributor of products manufactured 100% by other parties. Products manufactured by Third Parties (Manufactures) will be sold to the Customer under a warranty or warranties published by those Third Parties.

8.2 Manufacturer warranty set forth above in Section 8.1 is generally conditioned upon proper storage, installation, use and maintenance in accordance with applicable written recommendations of those manufactures. Most Manufactures will proceed to void warranties, and as such have no effect in some typical situations.

8.3 All products are warranted to the final buyer by their respective manufacturers and not by Seller. Copies of such warranties should be supplied with the product or are available from the manufacturer. Most manufacturers do not warrant mechanical seal life. Typical manufacture warranties cover defects in materials and workmanship for one year. As a service, you may obtain a copy from Seller by requesting same. SELLER MAKES NO OTHER WARRANTY, GUARANTEE, OR REPRESENTATION OF ANY KIND WHATSOEVER. ALL OTHER WARRANTIES, INCLUDING BUT NOT LIMITED TO, MERCHANTABILITY AND FITNESS FOR PURPOSE, WHETHER EXPRESS, IMPLIED, OR ARISING BY OPERATION OF LAW, TRADE USAGE, OR COURSE OF DEALING ARE HEREBY DISCLAIMED. Limitation Of Remedy: EXCEPT AS OTHERWISE LIMITED BY APPLICABLE LAW, SELLER'S LIABILITY ARISING FROM OR IN ANY WAY CONNECTED WITH THE ITEMS SOLD OR THIS CONTRACT SHALL BE LIMITED EXCLUSIVELY TO REPAIR OR REPLACEMENT OF THE ITEMS SOLD OR REFUND OF THE PURCHASE PRICE PAID BY BUYER, AT SELLER'S SOLE OPTION. IN NO EVENT SHALL SELLER BE LIABLE FOR ANY INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES OF ANY KIND OR NATURE WHATSOEVER, INCLUDING BUT NOT LIMITED TO LOST PROFITS ARISING FROM OR IN ANY WAY CONNECTED WITH THIS AGREEMENT OR ITEMS SOLD HEREUNDER, WHETHER ALLEGED TO ARISE FROM BREACH OF CONTRACT, EXPRESS OR IMPLIED WARRANTY, OR IN TORT, INCLUDING WITHOUT LIMITATION, NEGLIGENCE, FAILURE TO WARN OR STRICT LIABILITY, EXCEPT AS OTHERWISE LIMITED BY APPLICABLE LAW. Buyers are responsible for all incoming or outgoing freight charges.

8.4 Typical Warranty Exclusions

• Most manufacturers do not warrant mechanical seal life.

• Labor, transportation and related costs incurred by the user, dealer or distributor

• Reinstallation costs of repaired equipment;

• Reinstallation costs of replacement equipment;

• Consequential damages of any kind; and,

• Reimbursement for loss caused by interruption of service.

• All incoming or outgoing freight charges.

8.4.1 All claims under manufactures warranties should be initiated by sending an email to claims@pumpstoponline.com, referencing Pump Stop Online order number and giving or detailing a brief description of the problem. Pump Stop Online will handle all warranty issues as per the manufacturer’s warranty. For additional information on claims under the Product Manufacturer’s warranty please visit manufactures web

8.5 Warranty Services

8.5.1 Pump Stop Online is a distributor of products manufactured 100% by other parties. Products manufactured by Third Parties (Manufactures) will be sold to the Customer under a warranty or warranties published by those Third Parties. Nevertheless, Pump Stop Online, will endeavor to reasonably assist Customer with any claims under the Product’s manufacturer warranty.

8.5.2 Customers wishing to obtain assistance directly from the Manufacturer in connection with the Product’s manufacturer warranty shall follow the following procedure:

A. Customer inquiries in connection with warranty claims may be made (i) by regular mail at the address specified on the Product invoice, (ii) by e-mail at the following address: claims@pumpstoponline.com.

B. Upon receipt of a warranty inquiry from Customer, Pump Stop Online will create a case number and will instruct customer via email next step in the Warrantee process.

C. Customer acknowledges that is solely responsible for all shipping, handling, insurance charges (recommended), customs fees and taxes in connection with the shipping of the Product’s under Section 8.4 Accordingly Customer shall be solely responsible for any damage to the Products during packaging transit and until Pump Stop Online receives them at its facilities. Notwithstanding anything to the contrary herein, to the extent available, Pump Stop Online may instruct Customer to take the Products to an authorized service center or directly to the product manufacturer.

D. Once the Product is received Pump Stop Online or the manufacturer an inspection shall determine whether or not the alleged Product malfunction is under Warranty and the extent of the Warranty and shall notify Company in writing to that effect along with the option available to Customer which may include replacement, credit note (partial or total), or repair.

E. Under no circumstances Pump Stop Online will accept self applied credit notes prior to the execution of the complete the procedure indicated in the Section 8.4.

F. In the event that the damages to the Product are not covered under its manufacturer’s Warranty, Pump Stop Online may offer Customer, to the extent feasible, the possibility of repairing the Product, in which case all related expenses will be for the account of Customer.

G. Repairs or replacements of Products under the manufacturer’s warranty will not, under any circumstances, be interpreted as warranty extensions, and the original terms and condition of the original warranty shall prevail.

9. INDEMNIFICATION.

9.1 Customer hereby agrees to indemnify, defend, and hold harmless Pump Stop Online, its affiliates and subsidiaries, and the officers, directors, employees agents and insurers of each of them, from and against any and all third party claims, demands, actions, damages, expenses, costs, claims, judgments and liabilities (including, without limitation, interest, penalties and reasonable attorneys' fees and investigative costs) incurred by Pump Stop Online, arising from, in connection with or as a consequence of (i) any negligent, or wrongful act or omission by Customer; and/or (ii) Customer’s use or sale of the Products, except to the extent that such suit or demand arises out of the failure of the Products to meet Pump Stop Online’s express warranty(ies).

10. GENERAL SHIPPING INFORMATION

10.1 Scheduled Delivery Dates. Shipment dates, which may be provided to Customer, are approximate only and are estimated from the date of receipt of Customer’s order. Pump Stop Online reserves the right to revise shipping estimates to reflect conditions in effect on or before the date on which an order is scheduled to be shipped. Pump Stop Online shall use its reasonable commercial efforts to fill and ship accepted orders to Customer within a reasonable time, but Pump Stop Online will not be liable for any loss or special, indirect, or consequential damages arising out of delay or failure of shipment or delivery of Product for any reason. In any event, receipt of Product by Customer shall constitute acceptance and waiver of any and all claims due to delay. For other Shipping and Delivery Terms please review our Shipping and Delivery Policy at: http://www.pumpstoponline.com/shipping

 

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