Effective Date:
This Purchase Agreement is officially effective as of October 29, 2008.
Right Up Front:
Firefighting, rescue and associated operations are dangerous and may cause injury and death. Users of Best Fire Defense products and services should not attempt to perform firefighting, rescue or associated operations themselves except as a means of last resort, and should contact emergency services for assistance in the event that a fire or other emergency threatens any property or person.
Users must always follow the directives of safety officials, including evaluation requests by firefighters, police, and other emergency services representatives.
This Purchase Agreement ("Purchase Agreement") applies to you ("Customer", "you" or "your") when you purchase any products or services from Best Fire Defense LLC ("Best Fire Defense", "we", "us" or "our") through the online store (the "Store") available through the Best Fire Defense website located at
www.bestfiredefense.com (the "Site"). You and Best Fire Defense agree that the following terms and conditions, along with out Privacy Policy and Terms of Use (each of which is incorporated by reference herein), are the exclusive terms governing all sales transactions between Customer and Best Fire Defense. Any attempt to alter, supplement, modify or amend this Purchase Agreement by the Customer will be considered a material alteration of this Purchase Agreement and, therefore, will be null and void. In addition, this Purchase Agreement is subject to change at any time, with or without prior written notice to you. Therefore, please check this Purchase Agreement carefully each time you place an order with or accept delivery of any goods through the Store. All purchases made subsequent to any changes to this Purchase Agreement shall be subject to such changes.
Purchases
Upon registration with us, you may purchase products through our on-line Store. Please see our
Privacy Policy for further details on how Best Fire Defense collects, stores and uses your personal information.
You may purchase products that you wish to buy from Best Fire Defense by adding such products to your shopping cart available through the Store. You may search for products, and review, add to or remove products from your order by using the navigational tools available in the Store section of the Site. Once you have finished browsing you may proceed to submit your order for purchase.
After you have submitted your order and shipping selections through the Store, along with your applicable billing and credit card information, you will receive an e-mail receipt from Best Fire Defense confirming your purchase.
Price, specifications and terms of offer contained on the Site are subject to change without notice. All prices are listed in US Dollars. Best Fire Defense reserves the right to refuse service to anyone.
Payment Methods
Visa
MasterCard
American Express
Discover
Payment Terms
Orders placed through the Store are not binding upon Best Fire Defense until it is accepted; Best Fire Defense must confirm pre-authorization of your credit card before it will accept an order. Payment for any product(s) ordered by you will be processed upon shipment of your order. Customer can make payments by credit card or PayPal. You will receive an e-mail from Best Fire Defense confirming acceptance of your order and processing of your payment following your submission of your order in accordance with this Purchase Agreement.
Shipping Methods
Your products will be shipped in accordance with one of the methods below, as requested by you (and to the extent available) at the time of your order. All time frames are from when the order is shipped from Best Fire Defense and are only for orders shipped within the continental United States. Orders to Hawaii and Alaska or outside the United States will incur additional shipping charges and longer shipping times:
UPS Ground - 1-5 business days.
UPS 2nd Day Air - 2 business days.
UPS Next Day Air - 1 business day.
Your "bill to" and "ship to" address must both be within the fifty United States.
Processing and Shipping Guidelines
Most orders are processed within 1-3 weeks (but Best Fire Defense does not warrant or guarantee that orders will be accepted and/or purchased within this timeframe), provided the items are in stock and payment is verified.
Best Fire Defense does not process orders during weekends or holidays.
Best Fire Defense does not guarantee same day shipping.
Best Fire Defense may not offer shipping options to addresses outside of the fifty United States at this time.
If sales tax is not charged, you are solely responsible for the payment of any use tax in your State.
Sales Tax
Customer orders will be charged applicable sales tax according to his/her state's sales tax laws. The amount of tax charged depends upon many factors, including the type of item purchased, and the destination of the shipment. If sales tax is not charged, you are solely responsible for the payment of any use tax in your State.
Cancellations
Customer may request that an order be cancelled provided the order has not already been processed. In order to cancel an order you must call our customer service number during Best Fire Defense's hours of operation to request an order cancellation. Emails are not accepted for this request. Customer's credit card will not be charged if the order is cancelled prior to processing. Cancellations after shipments have left Best Fire Defense will incur a 10% restocking / handling fee, and can be accommodated only through acquiring an Return Merchandise Authorization (RMA) number as described below under Return Policy.
Order status
Best Fire Defense will keep you informed of your order status via e-mail. All shipment tracking information will be emailed to the email address associated with your order once such order has shipped.
Shipping Charges
Total cost for purchase of any product will include shipping and handling charges shown on the Best Fire Defense invoice.
Title; Risk of Loss
Best Fire Defense will arrange for shipment of ordered product(s) to the Customer, Free On Board (F.O.B.) shipping point, meaning title to the product(s) and risk of loss passes to the Customer upon delivery to the carrier. Best Fire Defense reserves a purchase money security interest in the product(s) until it has receipt of the full amount due. Customer agrees to allow Best Fire Defense to sign appropriate documents on Customer's behalf to permit Best Fire Defense to protect its purchase money security interest. Best Fire Defense will advise Customer of estimated shipping dates, but Best Fire Defense will, under no circumstances, be responsible for delays in delivery, and associated damages, due to events beyond its reasonable control, including without limitation, acts of God or public enemy, acts of federal, state or local government, fire, floods, civil disobedience, strikes, lockouts, and freight embargoes.
Return Policy
We value you as a member of the Best Fire Defense family and strive to meet your expectations with the products and service we provide. If you are dissatisfied with your purchase for any reason, please feel free to return the product for a full refund, less a ten percent (20%) restocking fee, within fifteen (15) days of the order date as stated on the packing slip. To ensure a timely refund, please return the item(s) immediately by simply following the steps below.
1.Contact Best Fire Defense Customer Service at 1-800-563-FIRE (3473) within fifteen (15) days of your original invoice date to obtain a Return Merchandise Authorization (RMA) number. A return will not be accepted without a RMA number.
2.Please fill out the Return Form emailed to you by Best Fire Defense Customer Service. The Return Form must be filled out completely, including the RMA number.
3.Within 7 days of obtaining the RMA Number please return the following to the address below:
Product(s) being returned, along with all original packaging
Return Form noted above
Copy of the packing slip that was included in your original order (please retain a copy of the original packing slip for your records)
Best Fire Defense Returns
4855-C Ruffner Street
San Diego, CA 92111
4.For your protection and to ensure prompt delivery, we recommend that you ship via UPS or registered mail. You are responsible for the costs of return shipment. Best Fire Defense is not liable for packages lost during shipping.
5.Best Fire Defense will process your refund via the original purchase method within 7-10 business days upon receipt of the returned item(s).
Shipping and handling fees are not refundable.
Please note: We only accept the return of products originally purchased on the Site or through a Best Fire Defense Customer Service Representative. If you would like to return a product purchased from another location, please contact the seller directly regarding your return.
Limited Warranty
Best Fire Defense offers a limited, non-transferable warranty to the original purchaser of Best Fire defense fire suppression products ("Product") for a period of one (1) year from the date of purchase ("Limited Warranty"). This Limited Warranty is limited, at Best Fire Defense's sole discretion and election, to (i) the repair of the defective parts, (ii) the replacement of the applicable Product, required as a result of defects in materials or workmanship of the Product as supplied by Best Fire Defense, or (iii) if Best Fire Defense decides in its sole discretion that compliance with (i) or (ii) is not reasonably practical, to refund the amount of your purchase price. The Limited Warranty period begins on the date of purchase as evidenced by the receipt supplied with the applicable Product. This Limited Warranty gives you specific legal rights, and you may also have other rights which vary from State to State.
In order to make a claim pursuant to this Limited Warranty, you must register your Product via the Customer Login section of
www.bestfiredefense.com, after reviewing and confirming adherence to warranty requirements. Information regarding your customer login and password will be shipped to you with the Product.
You may contact Best Fire Defense Customer Service at 1-888-FIRE-887 (888-347-3887) at any time for further information or assistance with respect to our Limited Warranty.
The Limited Warranty does not cover parts that fail as a result of improper installation, misuse, abuse or the failure of another part. Parts modified for use or installed for use other than their original design and application have no warranty. Best Fire Defense reserves the right, in its sole discretion, to refund your money instead of replacing or repairing a product. Best Fire Defense may from time to time offer extended warranty options for a fee in accordance with the terms accompanying such extended warranty offer.
Disclaimer of Liability
NEITHER BEST FIRE DEFENSE NOT ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING ANY PRODUCTS OR SERVICES CONTAINED OFFERED FOR SALE BY BEST FIRE DEFENSE, NOR ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS, MAKES ANY WARRANTY WHATSOEVER, INCLUDING WITHOUT LIMITATION THAT ANY PRODUCT OFFERED WILL BE FREE OF ANY DEFECT OR ERROR; NOR DO THEY MAKE ANY WARRANTY AS TO THE ACCURACY, RELIABILITY, QUALITY OR CONTENT OF ANY INFORMATION, SERVICE OR PRODUCT PROVIDED ON OR THROUGH THE BEST FIRE DEFENSE WEBSITE.
EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN THIS PURCHASE AGREEMENT, EACH PRODUCT AND SERVICE SUPPLIED BY BEST FIRE DEFENSE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, SECURITY, ACCURACY AND NON-INFRINGEMENT, OTHER THAN THOSE WARRANTIES WHICH ARE INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS PURCHASE AGREEMENT.
USE OF ALL BEST FIRE DEFENSE PRODUCTS IS AT YOUR OWN RISK. YOU ASSUME FULL RESPONSIBILITY AND RISK OF LOSS RESULTING FROM YOUR USE OF ANY AND ALL PRODUCTS AND/OR SERVICES ORDERED OR OBTAINED BY MEANS OF THE BEST FIRE DEFENSE WEBSITE.
USERS OF BEST FIRE DEFENSE PRODUCTS SHOULD NOTE THE FOLLOWING SAFETY WARNINGS AND DISCLAIMERS:
Firefighting, rescue and associated operations are dangerous and may cause injury and death. Users of Best Fire Defense products and services should not attempt to perform firefighting, rescue or associated operations themselves except as a means of last resort, and should contact emergency services for assistance in the event that a fire or other emergency threatens any property or person.
Users must always follow the directives of safety officials, including evaluation requests by firefighters, police, and other emergency services representatives.
The information, products and services contained on this Site are not intended to be relied on exclusively for fire protection, but are instead intended to be part of a broad fire protection and defense plan for your homes and businesses.
Users must use common sense when deploying and using Best Fire Defense products so that personal safety is not at risk from approaching fires.
It is the user's responsibility to be trained and knowledgeable of the products purchased by them through Best Fire Defense and to register and maintain such products in accordance with their directions.
Limitation of Liability
TO THE EXTENT PERMITTED BY LAW, BEST FIRE DEFENSE, ITS AFFILIATES, OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING ANY PRODUCTS OR SERVICES OFFERED FOR SALE THROUGH THE BEST FIRE DEFENSE WEBSITE, OR ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS, WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES OF ANY KIND ARISING OUR OF OR RELATED TO THE USE OF OR INABILITY TO USE ANY SUCH PRODUCT OR SERVICE, PERSONAL INJURY, AND/OR FAILURES CAUSED BY IMPROPER MACHINE DESIGN, APPLICATION, INSTALLATION, OPERATION, ABUSE AND/OR MISUSE OF ITS PRODUCTS, OR THE BREACH OF ANY REPRESENTATION OR WARRANTY, WHETHER AS A BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE OR ANY OTHER CAUSE OF ACTION, EVEN IF BEST FIRE DEFENSE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN ALL CIRCUMSTANCES BEST FIRE DEFENSE'S MAXIMUM LIABILITY IS LIMITED TO THE AMOUNT OF THE PURCHASE PRICE OF PRODUCTS SOLD TO YOU GIVING RISE TO LIABILITY. BEST FIRE DEFENSE SHALL NOT, UNDER ANY CIRCUMSTANCES, BE LIABLE UPON A CLAIM OR ACTION IN CONTRACT, TORT, INDEMNITY OR CONTRIBUTION, OR OTHER CLAIMS RELATING TO THE PRODUCTS IT SELLS, WHICH EXCEEDS THIS LIABILITY LIMIT.
BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU. IN SUCH STATES OR JURISDICTIONS BEST FIRE DEFENSE'S LIABILITY IS LIMITED TO THE EXTENT PERMITTED BY LAW, THEREBY MINIMIZING BEST FIRE DEFENSE'S LIABILITY TO YOU TO THE LOWEST AMOUNT PERMITTED BY APPLICABLE LAW. BEST FIRE DEFENSE SHALL NOT BE LIABLE FOR THIRD PARTY CLAIMS FOR DAMAGES AGAINST THE CUSTOMER, OR FOR MALFUNCTION, DELAYS, INTERRUPTION OF SERVICE, LOSS OF BUSINESS, LOSS OR DAMAGE TO EXEMPLARY DAMAGES, WHETHER OR NOT BEST FIRE DEFENSE HAS BEEN MADE AWARE OF THE POSSIBILITY OF SUCH CLAIMS OR DAMAGES.
Dispute Resolution
In order to expedite and control the cost of disputes, you and Best Fire Defense agree that any legal or equitable claim relating to this Purchase Agreement (referred to as "Claim") will be resolved as follows:
(a) Informal Resolution
You and Best Fire Defense agree that we will first try to resolve any Claim informally. Accordingly, neither of us may start a formal proceeding (except for Claims involving any violation of the federal trademark or copyright laws, or for injunctive relief) for at least 30 days after one of us notifies the other of a Claim in writing. Best Fire Defense will send its notice to your billing address, with a copy via email to your email address. You will send your notice to Best Fire Defense LLC, 3525 Del Mar Heights Road, San Diego, CA 92130.
(b) Formal Resolution
(i)
Agreement to Arbitrate. Except as provided in Section VII(b)(iii) below, if we cannot resolve a Claim informally, we agree that any and all Claims either of us asserts shall be resolved solely through binding arbitration. The arbitration will be conducted under the rules of the American Arbitration Association ("AAA") that are in effect at the time the arbitration is initiated, including the rules for the exchange of non-privileged and relevant information, and under the rules set forth in these Terms of Use. If there is a conflict between AAA rules and the rules set forth in these Terms of Use, the rules set forth in these Terms of Use will govern. If you initiate the arbitration, you agree to pay a fee of $125 or, if less and you tell Best Fire Defense in writing, the amount that you would pay to initiate a lawsuit against Best Fire Defense in the appropriate court of law in your state. Other fees will be paid in accordance with AAA rules. The arbitration will be held at a location in your hometown area (meaning, the closest AAA dispute resolution center to your hometown) unless you and Best Fire Defense both agree to another location. In the arbitration proceeding, the arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so. Forms and other information on filing such a Claim can be found at www.adr.org.
BY AGREEING TO ARBITRATE AS SET FORTH HEREIN, YOU UNDERSTAND THAT WE ARE BOTH WAIVING OUR RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL.
(ii) Special Rules. You and Best Fire Defense agree that the type of arbitration in which we both agree to participate is between Best Fire Defense and you as an individual. YOU AND BEST FIRE DEFENSE ARE AGREEING THAT NEITHER OF US WILL UTILIZE OR ATTEMPT TO UTILIZE CLASS ACTION ARBITRATION PROCEDURES IN ANY ARBITRATION.
(iii) Exceptions. Notwithstanding the foregoing, (A) any Claim involving a violation of applicable trademark or copyright laws, or a Claim for injunctive relief, may be decided only by a federal court (or, for injunctive relief, federal or state court) in the County of San Diego, State of California, and (B) neither you nor Best Fire Defense shall be precluded from filing a Claim in small claims court for disputes within the small claims court jurisdictional level.
(c) Severability
You and Best Fire Defense agree that if Section VII(b)(i) is found to be unenforceable by a court of competent jurisdiction, it shall be severed from this Purchase Agreement and - in that event -- you and Best Fire Defense agree to submit to personal jurisdiction in California and agree that any Claim shall be exclusively brought in the appropriate state or federal court in the County of San Diego, State of California. You and Best Fire Defense also agree that if Section VII(b)(ii) is found to be unenforceable by a court of competent jurisdiction, then - regardless of the enforceability of Section VII(b)(i) -- any class action Claim shall be exclusively brought in the appropriate state or federal court in the County of San Diego, State of California and you agree to submit to personal jurisdiction in California.
Governing Law and Jurisdictional Issues
This Agreement is governed in all respects by the substantive laws of the State of Delaware and of the United States of America. Notwithstanding the foregoing, Section VII(b) above shall be governed by the Federal Arbitration Act. The UN Convention on Contracts for the International Sale of Goods is expressly disclaimed. This Site is controlled and operated from Best Fire Defense's offices at 3525 Del Mar Heights Road, San Diego, CA 92130, United States of America, and Best Fire Defense makes no representations that materials in the Site are appropriate or available for use in other locations. Those who choose to access the Site from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. Access to the Site from any territory where the content is illegal is prohibited. You may not use or export any of the Site materials in violation of U.S. export laws and regulations.
Interpretation and Entire Agreement
These terms and conditions, together with our
Privacy Policy and
Terms of Use, and Best Fire Defense's invoice regarding the products purchased through the Site by a user, form the complete and exclusive agreement between you and Best Fire Defense, and they supersede all prior or contemporaneous proposals, oral or written, understandings, representations, conditions, warranties, and all other communications between you and Best Fire Defense relating to the subject products. This agreement may not be explained or supplemented by any prior course of dealings or trade by custom or usage. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. The section headings used herein are for convenience only and shall not affect the interpretation of this Purchase Agreement. If any provision of this Purchase Agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this Purchase Agreement and shall not affect the validity and enforceability of any remaining provisions.
Contact Us
If you have any questions, comments or concerns regarding this Purchase Agreement and/or any product or service offered through the Best Fire Defense website, please send an email to:
Info@bestfiredefense.com or
Contact Us via our web site.
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