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| Acceptance Of Contract Terms |
| The following are terms of a legal agreement between you and Fasteners & Fire Equipment, Inc.. By accessing, browsing and/or using this web site ("Site"), you acknowledge that you have read, understood, and agree to be bound by these terms and to comply with all applicable laws and regulations. If you do not agree to these terms, do not use this Site. Provided you purchase any Goods or Products from Fasteners & Fire Equipment, Inc. (FFE) by using this Site, your purchase will be governed by the Terms and Conditions of Purchase contained in this Legal Disclaimer. Fasteners & Fire Equipment, Inc. may at any time revise these Terms and Conditions of Access and Terms and Conditions of Purchase.
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| Security |
| Fasteners & Fire Equipment, Inc. places extreme importance on protecting information transferred on this Site and security precautions are taken to protect all such information. Even though Fasteners & Fire Equipment, Inc. will take measures to protect and secure all customer-related information from loss, misuse or theft; Fasteners & Fire Equipment, Inc. can not guarantee that all electronic commerce is completely secure. Access to this Site is limited to viewing the linked Web pages for legitimate business purposes only. Any access or attempt to access to other areas of FFE's computer systems or the information contained on the system is strictly prohibited. This Site is controlled and operated by Fasteners & Fire Equipment, Inc. from its office located in Anchorage, Alaska, U.S.A.
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| Site Information Use |
| Fasteners & Fire Equipment, Inc. makes no representation that materials in the Site are appropriate or available for use in other locations, especially international locations, and access to them from territories where their contents are illegal is prohibited. This Site and certain areas on this Site may be linked to other Sites that are not maintained by Fasteners & Fire Equipment, Inc. is not responsible for the content of these other Sites. A link to another Site does not imply an endorsement, sponsorship or recommendation of the Site and Fasteners & Fire Equipment, Inc. disclaims any liability for the links to and from this Site. Any cross-reference comparisons or references to competing products contained on this Site do not imply or suggest that in all cases the performance or functional equivalency of the referenced comparison is perfectly comparable. FFE may at any time revise or modify the information contained in this Site, at it's sole discretion.
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| Disclaimer Of Warranty |
| The materials on this site are provided "as is" without warranties of any kind either express or implied. To the fullest extent possible pursuant to the applicable law, FASTENERS & FIRE EQUIPMENT, INC. DISCLAIMS ALL WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR OTHER VIOLATION OF RIGHTS. FFE DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE, VALIDITY, ACCURACY, OR RELIABILITY OF, OR THE RESULTS OF THE USE OF, OR OTHERWISE RESPECTING, THE MATERIALS ON THIS SITE OR ANY SITES LINKED TO THIS SITE. FFE DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED ON THIS SITE WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT THE SITE OR SERVER ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
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| Limitation Of Liability |
| UNDER NO CIRCUMSTANCES SHALL FFE BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, INCLUDING, WITHOUT LIMITATION, LOSS OF DATA OR PROFIT, ARISING OUT OF THE USE, OR INABILITY TO USE, THE MATERIALS ON THIS SITE, EVEN IF FASTENERS & FIRE EQUIPMENT, INC. COMPANY HAS BEEN ADVISED OF THE POSSIBLITY OF SUCH DAMAGES. In the event your use of these materials results in the need for servicing, repair or correction of equipment or data, you assume any costs or expense for such needs.
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| Governing Law |
| Those who choose to access this Site from other locations do so on their own initiative and are responsible for compliance with applicable local laws. Any claim relating to, and the use of, this Site and the materials contained herein is governed by the laws of the state of Alaska. The Terms and Conditions contained herein will be construed, interpreted and applied exclusively in accordance with the laws of the State of Alaska, excluding conflict of law rules. Legal action with respect to any transaction must be commenced within one year after the cause of action occurs. The provisions of the Uniform Commercial Code as adopted by the State of Alaska shall apply, with no application of the United Nations Convention on Contracts for the International Sale of Goods. |
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| Information Collected And Transmissions |
| FFE may collect, compile and utilize various types of information from the parties accessing or visiting this Site. Transactional information from companies or individuals that purchase products from our Site may be collected and used as a database or to provide subsequent products or services to such parties. Additionally, this information may be collected to enhance the system administration or to improve the content of the Site. The information we collect will help FFE effectively enhance this Site, expand product growth and better serve our customers, which will result in continued customer satisfaction. You are prohibited from posting or transmitting to or from this Site any unlawful, threatening, libelous, defamatory, obscene, profane or other material that could give rise to any civil or criminal liability under the law. Any material, information or idea you transmit or post on this Site by any means will be treated as non-confidential and non-proprietary and will be used by FFE for any purpose.
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| Questions |
Questions regarding Fasteners and Fire Equipment's Terms of Access should be directed to:
Fasteners & Fire Equipment, Inc.
123 E. International Airport Road
Anchorage, AK 99518
Or, simply utilize Fasteners & Fire Equipment's On-Line Contact Us option.
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| Terms & Conditions of Purchase |
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| Product Selection and Suitability |
| Most products offered by Fasteners & Fire Equipment, Inc. are obtained from multiple supply sources, located throughout the United States and internationally. Fasteners & Fire Equipment, Inc. makes every reasonable attempt to ensure the quality of these supply sources and the products they offer. As these products are dynamic and versatile, Fasteners & Fire Equipment, Inc. shall not be responsible for how products are used or installed and the product's conformance to local or regional codes or regulations. Please review the product materials and application, and relevant code, regulations or ordinances, to be certain that the product, its installation, and use will satisfy these requirements. In no event will Fasteners & Fire Equipment, Inc. be responsible for any loss or damage arising out of a Purchaser's improper selection, misapplication or misuse of a product.
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| Limited Warranty |
| All products sold by Fasteners & Fire Equipment, Inc. are warranted only to the Purchaser, against defects in workmanship or materials under normal use for a period of 90 days after the date of purchase, unless stated otherwise in writing by Fasteners & Fire Equipment, Inc.. Any Products determined to be defective in material or workmanship must be returned, with an invoice and/or control number to Fasteners & Fire Equipment, Inc., shipping costs prepaid by Purchaser (unless previously agreed to in writing), within the 90-day warranty period. As an exclusive remedy to the Purchaser, Fasteners & Fire Equipment, Inc. will repair or replace, at its option, the returned products determined to be defective in material or workmanship. In the event of misapplication, improper use of or damage to the product by the Purchaser, the foregoing warranty shall not be applicable.
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| Manufacturer Warranty |
| The manufacturer may warrant most of the products handled or distributed by Fasteners & Fire Equipment, Inc. to the final consumer. Fasteners & Fire Equipment, Inc. is not responsible or obligated to enforce the warranties extended by the manufacturer to the final consumer, but will reasonably assist Purchaser with obtaining or verifying this information. Fasteners & Fire Equipment, Inc. may also distribute literature or sales materials of the manufacturer, but assumes no responsibility for the content of such literature or materials. |
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| Disclaimer |
| NO WARRANTY, EXPRESS OR IMPLIED, IS MADE BY FASTENERS & FIRE EQUIPMENT, INC., OTHER THAN IS PROVIDED IN THE LIMITED WARRANTY. FASTENERS & FIRE EQUIPMENT, INC. DISCLAIMS ANY LIABILITY FOR PRODUCT DEFECT CLAIMS THAT ARE DUE TO THE MISUSE, IMPROPER SELECTION OR MISAPPLICATION OF THE PRODUCT.
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| Limitation of Liability |
| EXTENT OF LIABILITY FOR CONSEQUENTIAL, INCIDENTAL OR SPECIAL DAMAGES IS EXPRESSLY DISCLAIMED AND FASTENERS & FIRE EQUIPMENT, INC.'S LIABILITY, IN ANY EVENT, SHALL NOT EXCEED THE PURCHASE PRICE FOR THE PRODUCT SUPPLIED BY FASTENERS AND FIRE EQUIPMENT, INC.
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| Cancellation |
| Fasteners & Fire Equipment, Inc. must approve cancellation of any order prior to shipment. Any cancellation may be subject to restocking and other charges, which the Purchaser will be responsible for payment.
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| Limitation of Liability |
| ANY LIABILITY FOR CONSEQUENTIAL, INCIDENTAL OR SPECIAL DAMAGES IS EXPRESSLY DISCLAIMED AND FASTENERS & FIRE EQUIPMENT, INC.'S LIABILITY, IN ANY EVENT, SHALL NOT EXCEED THE PURCHASE PRICE FOR THE PRODUCT.
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| Security Interest |
| Purchaser grants to Fasteners & Fire Equipment, Inc. a priority lien, purchase money security interest in the products and any accounts receivable or cash from the resale of the products until full payment is received, with respect to any sales on open account. Purchaser will complete and cooperate with the submission of any documents necessary to validate or enforce Fasteners & Fire Equipment, Inc.'s rights hereunder.
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| Published Product Information |
| Fasteners & Fire Equipment, Inc. Company reasonably attempts to maintain up-to-date and accurate pricing, availability and usage information about the products contained in its catalogs. However, this information is dependent upon information distributed by and obtained from a manufacturer or supplier and is subject to change at any time. Fasteners & Fire Equipment, Inc. reserves the right to revise catalog information at any time, without notice and it will not be responsible for any pricing errors contained therein. FASTENERS & FIRE EQUIPMENT, INC. MAKES NO WARRANTIES, EXPRESS OR IMPLIED, CONCERNING THE ACCURACY OR COMPLETENESS OF THE INFORMATION CONTAINED IN ITS CATALOGS.
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| Force Majeure |
| Fasteners & Fire Equipment, Inc. will not be liable or held responsible for any delays or losses resulting, directly or indirectly from Acts of God, severe weather conditions, labor disputes, governmental actions, inability to obtain permits, licenses, raw materials or shipments of product, war, riots, shortages and any other circumstances or causes beyond our reasonable control.
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| Governing Law |
| These Terms and Conditions shall be construed, interpreted and performed according to the laws, excluding conflict of law rules, of the State of Alaska, United States of America. Any legal action must be filed and commenced within one year after it arises. The Uniform Commercial Code as adopted by the State of Alaska will be applied, without application of any similar state or international law or treaty.
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| Miscellaneous |
| Fasteners & Fire Equipment, Inc. and Purchaser are independent contractors. If any of the provisions contained herein are deemed illegal or unenforceable, such determinations will not effect the validity of the remaining terms and conditions and the remaining terms will continue in force and effect to the fullest extent permitted under applicable law. Purchaser shall not assign any order or interest therein to another party, without the written consent of Fasteners & Fire Equipment, Inc.
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| Complete Agreement |
| These terms and conditions, including the Terms of Access, order forms, quotations, invoices and catalog sales terms and conditions contained in Fasteners & Fire Equipment, Inc.'s Website are incorporated by reference herein and constitute the exclusive and complete Agreement between Fasteners & Fire Equipment, Inc. and Purchaser.
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| Orders |
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| Terms |
| All orders must be paid by cash, check, Visa, MasterCard, or charged to Purchasers established credit account with Fasteners and Fire Equipment, Inc. All payments must be in U.S. Dollars. Purchases made on established open credit accounts are sold on Net 10th Prox terms. If an open account Purchaser fails to make full payment within forty-five (45) days from date of shipment, Fasteners & Fire Equipment, Inc. may defer any further shipments or other orders, or cancel any portion of an unshipped order. Fasteners & Fire Equipment, Inc. reserves the right to charge interest at the rate of 18% per annum (1.5% monthly) or at the highest rate available under applicable law, to any account balance exceeding the terms set forth herein. It is understood and agreed that Purchaser will pay, to the extent permitted under law, all reasonable costs and expenses, including attorneys fees and costs incurred by Fasteners & Fire Equipment, Inc. in connection with any collection action for payment of the amounts due herein. Open account Purchasers must charge a minimum of $200.00 per year to maintain an open account; there is a minimum order invoice charge of $5.00. Invoices will be faxed daily, e-mailed daily, or mailed each Friday and statements provided by fax only on the 26th of each month. We will not ship orders C.O.D.
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| Sales Tax |
| Applicable state and local tax will be charged on orders, unless Purchaser provides Fasteners & Fire Equipment, Inc. with an exemption certificate. Please note your tax-exempt status when ordering.
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| Freight |
| Purchaser will prepay all freight charges or ship freight collect for any freight costs associated with the delivery of product to its destination. Any extra or additional charges or services rendered in transit or at the destination will be the responsibility of Purchaser. Title and risk of loss will pass to Purchaser upon delivery to the common carrier.
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| Return Goods Policy |
| Stock items may be returned using the following process: |
All returns must have prior approval. Obtain return authorization from a Customer Representative prior to returning items to our Anchorage, AK location.
Items are to be Fasteners & Fire Equipment, Inc. packaging and in good saleable condition.
Items that are lot traceable must not be compromised of lot integrities.
Items may be returned up to 30 days after the date of purchase.
Restocking charges may be required at Fasteners & Fire Equipment, Inc.'s discretion.
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| Non-Stock, Made-to-Order, or Cut-to-Length items are non-returnable. |
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| International Orders (Outside United States) |
| In addition to the forgoing Order terms, Purchaser represents that it is purchasing the products to be exported from the United States and importing them to the country specified in the purchase order. Purchaser agrees that the products will be shipped to that destination in compliance with the laws of such country. No reexport or diversion will occur. Purchaser will be responsible for obtaining and paying for all licenses, permits or similar governmental authorizations necessary for the exportation and importation of the product. All costs associated with exportation and importation of the product, including the selection and use of freight forwarders, will be the sole responsibility of Purchaser. Purchaser acknowledges that it is not an agent of Fasteners & Fire Equipment, Inc. and agrees to comply with the applicable provisions of the Foreign Corrupt Practices Act.
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| Electronic Commerce |
| With prior approval, Fasteners & Fire Equipment, Inc. and Purchaser may agree to be bound by transactions performed through Fasteners & Fire Equipment, Inc.'s e-commerce Website via the issuance of purchase orders by Electronic Data Interchange (EDI), facsimile, and e-mail and such transactions will be subject to the terms and conditions contained herein. The parties acknowledge that no writing shall be required in order to make their electronic transactions legally binding, notwithstanding any contrary requirement in the law. As necessary, the parties will adopt as its signature an electronic identification to be affixed to or contained in each Document transmitted by the party. The parties will implement reasonable security procedures to ensure authorized transmissions and to protect business records and data from improper access. By performing such transactions in the forgoing manner, the parties agree that no signature will be required in order to have a legally enforceable electronic commerce transaction, which will honored to the fullest extent under law. The parties agree not to contest the validity or enforceability of Signed Documents under the provisions of any applicable laws, including any Statute of Frauds statutes, relating to whether certain agreements be in writing and signed by a party in order to be bound. Any such Signed Documents, if introduced as evidence in any legal or administrative proceeding, will be admissible as evidence to the same extent as business records, which originate and are maintained in documentary form. The provisions under this Electronic Commerce paragraph will be in addition to any other agreements entered into between Fasteners & Fire Equipment, Inc. and Purchaser concerning electronic data interchange.
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