If you are
doing business with us, this is the legal agreement between the buyer and Brooks and
Forsman Designs LLC aka Drumlights.
Terms and Conditions of Use of Website:
Drumlights will not be held responsible for unintentional errors with respect to
information concerning the ordered product. Similarly, under no circumstances shall
Drumlights be liable for consequential, incidental or special damages.
Drumlights has not reviewed all of the sites to which this site links.
Drumlights is not responsible for the content of any off-site pages or any other sites
linked to this site.
In the event that an inadvertent error has been made concerning the listed price of the
product, you will be advised and your credit card will not be charged or will be refunded.
All orders are subject to review and approval by Drumlights. If you provide us with an
e-mail address, confirmation of the transaction will be e-mailed to you as soon as
possible.
Certain terms and conditions apply to sales on Drumlights. For more information, see our
Terms and Condition of Sale, posted below.
All company logos and product images are for identification purpose only. All trademarks
are the properties of their respective owner.
Drumlights may at any time revise these Terms and Conditions of Use by updating this
posting. You are bound by any such revisions and should therefore periodically visit this
page to review the current Terms and Conditions of Use to which you are bound.
Terms and Conditions of Sale:
The following terms and conditions govern the sale of products by Drumlights, Inc.
By submitting your online order or placing a telephone order to Drumlights, you have
indicated your acceptance to be bound by these terms and conditions of sale. At
Drumlights' sole discretion, these terms and conditions may be changed without prior
notice at any time before Drumlights accepts your order.
Payment Terms:
Payment is typically due by credit card. Once an order is placed by credit card, the
credit card account will be verified at the time the order is placed. Should a credit card
be declined, so will be the order. C.O.D. orders are not accepted. Orders are processed
upon receipt. Qualified purchasers (academic institutions, governmental offices and
Fortune 500 companies) may obtain goods upon credit and may use purchase orders.
Free shipping over $50.00 offers apply to purchases at full retail pricing. Volume
discounts or academic discount pricing offers do not include free shipping. Discounted
volume or academic purchases totaling at least $2500.00 will be provided free Fed Ex or
UPS Ground shipping. Expedited shipping will be available for purchase at standard rate.
Disclaimer of Warranty:
When products are shipped to you, their limited warranties applicable to products are in
effect and are included with the shipment. Certain products may have additional warranties
provided by the original manufacturer but not by Drumlights.
Payment of Shipping and Handling Charges, Customs Fees and Taxes:
You are responsible for any taxes or tariffs associated with your purchase.
Pricing Policy:
Prices shown on the Drumlights' site do not include shipping and handling. Neither do the
prices include taxes unless otherwise noted. All prices are in U.S. dollars. The price
charged for an order will be the price in effect at the time the order is made.
Nonetheless, if the price drops before shipment and you notify Drumlights of the lower
price before the product is shipped, in which case (and in that case only) the price
charged will be the lower price. There is a flat 5% handling charge of the shipping (USPS,
FedEx) cost for all orders except for free shipping (Parcel Post selected, order over
$50.00). This supplies charge is included in the shipping charge shown on your checkout,
is typically under one dollar and covers the cost of expendable supplies.
Drumlights provides technical support for some of its products. Some products may have to
use the technical support provided by the manufacturer.
Limitation of Liability:
The maximum liability to you for products purchased from Drumlights shall be limited to
the purchase price you have paid for the products. Also, Drumlights will not be liable for
any property damage, personal injury, loss of use, interruption of business, loss of
profits, or other consequential, indirect, incidental, punitive or special damages. This
applies to all situations however caused, whether for breach of warranty, contract, tort
(including negligence), strict liability or otherwise, other than those damages that are
incapable of limitation, exclusion or restriction under applicable law.
Return Policy:
Subject to a restocking fee, Drumlights will allow the return of certain products for
credit for any reason under certain terms and conditions. The following procedures must be
followed if you want to obtain a credit for a return item:
1. You must notify us by email at returns@Drumlights.com.
2. The return item must be accompanied by our reply email and received at the Drumlights
warehouse within forty-five (45) days of Drumlights' shipment of the item to you. Claim
for request of refund must be placed within 30 days of purchase.
You must pay the shipping for returned items. A restocking fee of 20% will be subtracted
from credit for returned items.
Some items, if opened, will not be covered by this return policy.
Items not covered include opened software from any manufacturer and opened products of
certain manufacturers subject to the manufacturers' return and warranty coverage.
THIS RETURN POLICY IS NOT A WARRANTY. Drumlights reserves the right to
change or to cancel it at any time before accepting your order. For all refunds, you need
to precisely follow the previous return procedures to ensure the return of your refund.
You need to also allow a reasonable period of time for the product to arrive at our
warehouse and pass an inspection process. When your return is accepted, we will process
your credit as soon as possible.
Title:
Title to hardware products and to the media in which software products are embodied passes
to you upon shipment by Drumlights. Title to software remains with the licensor of the
software.
Interpretation:
These terms and conditions shall be interpreted under and governed by the laws of the U.S.A.,
without giving effect to conflicts of law rules. Headings used in these Terms and
Conditions are for convenience of reference only and are not intended to be part of, or to
affect the meaning or interpretation of, these Terms and Conditions.
Arbitration:
All dispute, controversy, or claim against Drumlights arising out of or relating to these
Terms and Conditions, their interpretation, or the breach, termination or validity
thereof, or any related purchase shall be resolved exclusively and finally by arbitration
administered by the Better Business Bureau (BBB).
The arbitration will be conducted before a single arbitrator, and will be limited solely
to the dispute or controversy between you and Drumlights. The arbitration shall be held in
Seattle,
Washington
in person, by telephone, or online. Any decision rendered in such arbitration proceedings
will be final and binding on each of the parties, and judgment may be entered thereon in a
court of competent jurisdiction.
The arbitrator shall not award either party special, exemplary, consequential, punitive,
incidental or indirect damages, or attorneys' fees and each party irrevocably waives any
such right to recover such damages. The parties will share the costs of the arbitration,
(including the arbitrator's fees, if any) in the proportion that the final award bears to
the amount of the initial claim.
No Modification:
Any additional or altered terms attached or adhering to an order shall be null and void
and without effect, unless agreed to in writing by Drumlights .
These terms and conditions may not be modified, altered or amended without the written
agreement of Drumlights .
Severability:
If any provision of these terms and conditions is held to be illegal, invalid or
unenforceable, in whole or in part, the legality, validity and enforceability of the
remaining provisions shall not be affected or impaired.
The terms and conditions stated herein are declared to be Severable.
General:
You may not assign this agreement without Drumlights' prior written consent. Drumlights is
the intended beneficiary of this agreement. If there is any inconsistency between this
agreement and other agreement included with or relating to products purchased from
Drumlights, this agreement shall take precedence.
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