TERMS AND CONDITIONS FOR THE ONLINE SALE OF GOODS
1. Transaction Fulfillment / General
All transactions made on this website will be fulfilled through Gardner, Inc. to include shipping and invoicing. Any questions pertaining to orders should be directed to us at 1-800-525-8322 or to service@ordertree.com. For more information of the applicability of these terms and conditions (these “Terms”) to you, please see Section 10 – Applicability.
2. Pricing
All prices, discounts, and promotions on this Site will be in effect at the time of order. All prices are subject to change without notice. Posted prices do not include taxes or charges for shipping and handling. All such taxes and charges will be added to your merchandise total and will be itemized in your shopping cart and your order confirmation email. We strive to display accurate price information, however, we may, on occasion, make inadvertent typographical errors, inaccuracies, or omissions related to pricing and availability. We reserve the right to correct any errors, inaccuracies, or omissions at any time and to cancel any orders arising from such occurrences.
3. Payment
Terms of payment are within our sole discretion and, unless otherwise agreed by us in writing, payment must be received by us before we accept an order. We accept select credit cards for all purchases. You represent and warrant that (i) the credit card information you supply to us is true, correct, and complete, (ii) you are duly authorized to use such credit card for the purchase, (iii) charges incurred by you will be honored by your credit card company, and (iv) you will pay charges incurred by you at the posted prices, including shipping and handling charges and all applicable taxes, if any.
4. Shipping; Deliver; Title and Risk of Loss
We will arrange for shipment of the products to you. You will pay all shipping and handling charges specified during the ordering process. Shipping and handling charges are reimbursement for the costs we incur in the processing, handling, packing, shipping, and delivery of your order. Shipping and delivery dates are estimates only and cannot be guaranteed. Title and risk of loss pass to you upon our transfer to carrier for delivery. We are not responsible for any delays in shipments.
5. Returns and Refunds
Our return policy can be found on the website here. For defective returns, please refer to the manufacturer’s warranty (see Section 6 – Warranty Claims and Shipping Damage Claims) included with the product or as detailed in the product’s description on our Site.
6. Warranty Claims and Shipping Damage Claims
Except as expressly noted on the Site, we do not manufacture or control any of the products offered on our Site. Availability of products through our Site does not indicate an affiliation with or endorsement of any product or manufacturer. Accordingly, unless expressly noted on our Site, we do not provide any warranties with respect to the products offered on our Site. However, the products offered on our Site are covered by the manufacturer's warranty as detailed in the product's description on our Site or included with the product. To obtain warranty service for defective products, please follow the instructions included in the manufacturer's warranty. All warranty claims are to be filed directly with the manufacturer or with their designated warranty claim-processing center. Shipping damage claims must be filed with the freight carrier. We strongly suggest that you inspect all incoming shipments for shortages and damages to packaging or contents prior to accepting them from our designated carriers. Please be sure to note any damages or shortages on the carrier’s delivery documents and keep a copy for use in filing your claim. Contact a customer service representative at 1-800-525-8322 for information about receiving a replacement if your order is damaged or missing parts. All claims must be made with us within 10 days of receipt of your order.
7. Warranty Disclaimer and Limitation of Liability
We disclaim all implied warranties, including the warranties of merchantability or fitness for a particular purpose. We are not liable, under any circumstances, for any breach of warranty claims or for any damages arising out of a manufacturer’s failure to honor its warranty obligations to you.
In no event shall we be responsible for any consequential, indirect, incidental, special, exemplary, punitive or enhanced damages, lost profits or revenues, or diminution in value, arising out of or related to or related to any breach of these Terms or rising from the use of any products, regardless of whether such damages were foreseeable, whether or not we were advised of the possibility of such damages, and the legal or equitable theory upon which the claims is based. Our sole and entire maximum liability for any reason shall be limited to the actual amount paid by your for the products you have ordered through our site.
8. OEM References
References to Original Equipment Manufacturers, their trade names, or their part numbers may, in some cases, be for identification purposes only. It is not our intention, in those cases, to imply that merchandise is of original manufacture.
9. Governing Law and Jurisdiction.
This Site is operated from the US. All matters arising out of or relating to these Terms are governed by and construed in accordance with the internal laws of the State of Ohio without giving effect to any choice or conflict of law provision or rule (whether of the State of Ohio or any other jurisdiction) that would cause the application of the laws of any other jurisdiction other than those of the state of Ohio.
10. Applicability
The Terms apply to the purchase and sale of products through this website (the “Site”). These terms are subject to change by OrderTree.com (referred to as “us,” “we,” or “our” as the context may require) without prior written notice at any time, in our sole discretion. Any changes to the Terms will be in effect as of the “Last Updated Date” referenced on the Site. Your continued use of this Site after the “Last updated Date” will constitute your acceptance of and agreement to such changes. [These Terms are an integral part of the Website Terms of Use that apply generally to the use of our Site.]. You should also carefully review our Privacy Policy before planning an order for products on this Site. By placing an order for products from this Site, you affirm that you are of legal age to enter into this agreement and be bound the Terms. You may not order products from this Site if you do not agree with these Terms, are not of legal age to form a binding contract with us or are otherwise prohibited from using Site or any of its contents by applicable law.