A. All orders are shipped F.O.B. point of shipment. Risk of loss will transfer to Buyer upon tender of goods to Buyer, Buyer's representative or common carrier. The cost of any special packaging or handling caused by Buyer's requirements or requests will be added to the amount of Buyer's order. If Buyer causes or requests a delay of shipment, or if Seller ships or delivers an order erroneously as a result of inaccurate, incomplete, or misleading information supplied by Buyer or Buyer's agents or employees, all storage and other additional costs and risk will be borne by Buyer.
B. Chown Hardware will ship to locations within the United States, including Alaska and Hawaii, and Canada. Chown Hardware ships via UPS whenever possible.
C. For Canadian shipments, the tariffs and customs fees are not included in the shipping and handling charges and are the responsibility of the Customer. Delays caused by Customs are not the responsibility of Chown Hardware. Not all services listed for Canada are available in all areas.
D. Lead time before shipping will vary based on availability of product. Chown Hardware will confirm the placement of your order shortly after you enter it. On the next business day, Chown will send a verification email with your tracking number for any in-stock product that will ship that day by the method you have selected. Out-of-stock and special orders will be confirmed by email with estimated lead time. After 24 hours, your special order may not be changed
E. What Next Day Air Means: Next Day Air service refers only to the method of delivery from Chown Hardware to you. If the product you have ordered is out of stock or special order, it will still have a lead time before shipping. Chown will confirm the expected delivery date on the next business day after you place your order.
F. UPS Shipping Methods
|U.S.||Usual Shipping Time|
|UPS Ground||1-5 Business Days|
|UPS 3-Day Select
||3 Business Days|
|UPS 2nd Day Air||2 Business Days|
|UPS Next Day Air||Next Business Day|
|Canada||Usual Shipping Time|
|PS Standard||2-6 Business Days|
|UPS Worldwide Expedited||2-5 Business Days|
|UPS Saver||1-3 Business Days (end of day)|
|UPS Worldwide Express||1-3 Business Days (a.m.)|
|UPS to Canada shipping rates do not include applicable taxes and brokerage fees. View the Terms page for a
complete service explanation.
A. Except as below in section 9(B), neither Party shall be liable to the other for special, incidental, consequential, punitive, statutory, or indirect damages, including but not limited to loss of profits, revenues, capital, business opportunity or downtime costs, arising out of the sale of goods to Buyer. This limitation shall apply regardless if the claimed damages arise from breach of contract, breach of warranty, tort, strict liability or any other legal theory.
B. Warranty Exclusions: These warranties shall be void if there has been misuse, accident, modifications, unsuitable physical or operating environment, improper maintenance, storage or installation of the goods. SELLER DISCLAIMS ALL OTHER EXPRESS OR IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND/OR FITNESS FOR USE OR A PARTICULAR PURPOSE EVEN IF KNOWN BY SELLER. SELLER MAKES NO REPRESENTATION, WARRANTY, OR PROMISE THAT THE PRODUCTS OR SERVICES WILL CONFORM TO ANY APPLICABLE LAWS, ORDINANCES, REGULATIONS, CODES OR STANDARDS, INCLUDING BUT NOT LIMITED TO LOW LEAD OR LEAD FREE LAWS OR REGULATIONS, EXCEPT AS SPECIFIED AND AGREED TO IN WRITING BY AN AUTHORIZED REPRESENTATIVE OF SELLER. EXCEPT IN THE EVENT OF DAMAGE CAUSED BY SELLER'S NEGLIGENCE, UNDER NO CIRCUMSTANCES SHALL SELLER BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, LIQUIDATED OR CONSEQUENTIAL DAMAGES CLAIMED BY BUYER OR ANY THIRD PARTY RELATED TO A BREACH OF WARRANTY OR ANY OTHER NON-CONFORMITY OF THE GOODS OR SERVICES.
These Terms and Conditions of Sale will be construed as if prepared jointly by the parties hereto and any uncertainty or ambiguity will not be interpreted against any one party. If any provision contained in these Terms and Conditions of Sale is held to be unenforceable then such provision will be given effect in such reduced form as may be decided by a court of competent jurisdiction, provided that, if any provision should be declared unenforceable or invalid for any reason, such unenforceable or invalid provision will be severed from the remainder of these Terms and Conditions of Sale without affecting the enforceability or validity of the remaining provisions.
The failure of either Seller or Buyer to insist upon the strict performance of any of these Terms and Conditions of Sale will not be deemed to be a waiver of any of the right or remedies of Seller or Buyer, nor of its right to insist upon strict performance of such term or of any other term in the future. No waiver of any of these Terms and Conditions of Sale will be valid unless in writing signed by a duly authorized representative of the waiving party
The parties shall attempt in good faith to resolve promptly any dispute arising out of or relating to these Terms and Conditions of Sale by negotiation between executives who have authority to settle the dispute. The executives must be at a higher level of management than the persons with direct responsibility for administration of these Terms and Conditions of Sale. If a dispute cannot be resolved by negotiation then either party may bring a legal action in accordance with Section 13 of these Terms and Conditions of Sale.
Your continued use of this Site constitutes acceptance of the terms of this Agreement.