Applicability of Terms and Conditions
The following terms and conditions govern the direct sale of products by Tin Shark Fountainworks, LLC. (henceforth known as “TSF”) to customers in the United States (“Customer”). By using this web site and/or accepting delivery of products ordered from TSF, whether via this website, telephone, facsimile or other means, Customer agrees to be bound by and accepts these terms and conditions. THESE TERMS AND CONDITIONS SHALL APPLY TO ANY SALE DIRECTLY FROM TSF TO CUSTOMER. Products described on this web site are only available to residents of the United States of America when ordered through this website or a telesales representative from a location and Internet Service Provider (ISP) within the United States of America AND for shipment to an address within the United States.
TSF reserves the right to change these terms and conditions without prior written notice at any time, at its sole discretion; the most current version will always be posted on this site and will govern current purchases. These terms and conditions may not be supplemented, modified or altered by the use of any other documents(s). Any attempt to alter, supplement, modify or amend these terms and conditions will be null and void unless agreed to in writing by TSF.
1. Internal Use
Customer agrees and represents that it is buying products from TSF for its own internal use and not for resale. TSF is not responsible nor has liability or warranty obligation for any change or modification by customer to any of TSF products.
2. Payment Terms; Orders; Quotations
Payment methods accepted by TSF are shown in the shopping cart on this site. Payment by credit card shall be subject to authorization from Customer’s credit card issuer and such authorization must be received by TSF prior to order acceptance, unless some other pre-arranged method of payment has been accepted by TSF.
Orders are not binding on TSF unless accepted by TSF. Acceptance of an order occurs when product ships. Acknowledgment of receipt of an order does not constitute acceptance of the order by TSF. Customer will not be charged for orders not accepted by TSF. Product ordered may become temporarily unavailable due to product or parts shortages, delay in supply chain, or other reasons. In such event, TSF will promptly notify Customer via email or telephone.
3. Prices; Shipping and Handling Charges; Taxes; Interest; Promotions
Prices and configurations shown on product pages, customization pages, in the shopping cart, or other locations on the website are subject to change without prior notice at any time before acceptance of Customer’s order. TSF is not liable for typographical errors or omissions and mistakes on quotations or prices posted on this or any other website or any other communication method.
Any and all promotional discounts used on any order are subject to review by TSF and are not valid unless and until the order is accepted by TSF, where such acceptance is in TSF’s sole discretion. TSF is not responsible for any typographical errors, omissions or mistakes on discount offers posted on this or any other website, podcast, video or any communication method. Valid discounts are limited to one per household unless otherwise specified. TSF reserves its right to refuse to honor a promotion or discount for any reason. Improper use, misuse or use for a purpose other than that which was intended, of a promotion or discount will result in the cancellation of an order. TSF will promptly notify Customer via email or telephone of any such cancellation of an order.
Prices shown for all products and accessories do not include state sales/use taxes. Unless otherwise stated by TSF, Customer is solely responsible for state sales/use taxes.
Unless Customer provides TSF with a valid government or nonprofit tax exemption certificate, sales taxes will be charged for orders shipped to all states in which TSF is obligated to collect and report such sales.
4. Shipment and Availability
TSF can only ship to Customer addresses in the 48 continental United States and the District of Columbia. TSF cannot ship outside of the United States, or to Post Office Boxes. Additional shipping fees can be arranged in order to ship to Alaska or Hawaii.
Customer must be present at shipping address at time of delivery to sign for packages. If Customer is not present at time of delivery, the shipping company will leave notice with Customer to call to arrange for delivery. If multiple unsuccessful attempts are made to deliver, and the shipping company returns the packages to TSF, the Customer will be charged an additional $200 to redeliver the packages or $200 restocking fee. To restock the fountain, all additional components of the fountain must be returned to TSF, at Customers expense, before any money will be refunded.
Any delivery or shipment date provided is a good faith estimate. We typically ship within 3 to 7 days from time of order. However, customer acknowledges that product availability may be limited, and particular products may not be available for delivery within this time frame. We will notify you, via email, of any shipping delays beyond this time frame. Your credit card will not be charged until your order ships. TSF will not be liable for any loss, damage or expense related to any delay in shipment or delivery.
5. Return Policies
We want to make sure you are 100% satisfied with our purchase, however, please note that once an order has shipped, all sales are final and TSF is unable to issue any refunds.
All products eligible for return for warranty repair or replacement require a Return Material Authorization (RMA) number, which may be requested by emailing contact info and description of problem to firstname.lastname@example.org. TSF may contact Customer to troubleshoot problems prior to issuing an RMA. Returns made without an RMA number will be refused or returned to the Customer. All products with a valid RMA number must be returned in adequate packaging. Customer is responsible for shipping charges and risk of loss on all return shipments. Customer must use a reputable shipping carrier capable of providing proof of delivery, as well as properly packing and fully insuring the return shipment. Upon receipt of the returned product(s), TSF will inspect the product to confirm there was no modification, abuse or misuse of the product, or user negligence. TSF may reject the return or deduct costs associated with: missing parts, modification, abuse, misuse of the product or user negligence.
After receipt and inspection of the returned products, replacement or repair will be issued at TSF sole discretion.
6. Privacy Policies
We have the utmost respect for our customers’ privacy. We will not release any information gathered about our customers. Customer information is collected for the purpose of processing your order. This information is kept confidential and is not shared.
7. Limited Warranty
A limited warranty statement for TSF products is included with the documentation for each product shipped to Customer and can be viewed online on the Warranty Page. TSF reserves the right to modify its limited warranty statements at any time, in its sole discretion.
EXCEPT AS PROVIDED IN THE LIMITED WARRANTY STATEMENT, TSF DISCLAIM ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE TSF PRODUCTS, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. TSFS’ LIABILITY FOR WARRANTY CLAIMS ON TSF PRODUCTS IS LIMITED TO REPAIR OR REPLACEMENT AS SET FORTH IN THE APPLICABLE WARRANTY STATEMENT.
8. Limitation of Liability
FOR ANY BREACH OF THESE TERMS AND CONDITIONS, TSF’S MAXIMUM LIABILITY SHALL NOT EXCEED THE TOTAL PRICE PAID BY CUSTOMER FOR THE PRODUCTS ORDERED BY CUSTOMER.
IN NO EVENT SHALL TSF, SUPPLIERS OR SERVICE PROVIDERS BE LIABLE TO CUSTOMER OR ANY THIRD PARTY FOR ANY SPECIAL, INDIRECT, CONSEQUENTIAL (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOST PROFITS, OR THE LIKE), OR PUNITIVE DAMAGES, WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE AND PRODUCT LIABILITY) OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY A THIRD PARTY.
9. Governing Law; Dispute Resolution
Customer and TSF agree that the United Nations Convention on Contracts for the International Sale of Goods shall not apply to these terms and conditions of sale.
Dispute Resolution. TSF endeavors to resolve customer disputes in a fair and professional manner. In the unlikely event that TSF is unable to resolve a dispute, Customer and TSF agree to resolve any Claims between us only by BINDING ARBITRATION. For the purposes of this Dispute Resolution Section, references to “TSF” mean Tin Shark Fountainworks, LLC., its parents, subsidiaries and affiliates, and each of their officers, directors, employees, agents, beneficiaries, predecessors in interest, successors, assigns and suppliers, references to “Customer” include all those in privity with Customer, including Customer’s family members, beneficiaries, and assigns, and references to “Claim” shall include any dispute, claim or controversy arising from or relating to: (1) any product or service governed by these terms and conditions, including advertising for the product, whether based in contract, tort, statute, regulation, ordinance, fraud, misrepresentation or any other legal or equitable theory; (2) these terms and conditions; and (3) the subject of any purported class action litigation in which Customer is not a member of a certified class.
ARBITRATION MEANS THAT CUSTOMER AND TSF ARE EACH WAIVING THE RIGHT TO A JURY TRIAL OR TO PARTICIPATE IN A CLASS ACTION. The arbitration will be conducted under the Streamlined Arbitration Rules of JAMS that are in effect at the time the arbitration is initiated (referred to as the “JAMS Rules”) and under the rules set forth in this section. The JAMS Rules are available online. View the JAMS Rules. If there is a conflict between the JAMS Rules and the rules set forth in this section, the rules set forth in this section will govern. This Dispute Resolution agreement evidences a transaction in interstate commerce and, thus, the Federal Arbitration Act governs the interpretation and enforcement of this provision. The arbitrator is bound by the terms of this Dispute Resolution Section. To start an arbitration, Customer or TSF must: (1) Write a Demand for Arbitration (see copy at www.jamsadr.com). The Demand must include a description of the Claim and the amount of damages sought to be recovered. Customer may, in arbitration, seek any and all remedies otherwise available to Customer pursuant to Customer’s state’s law, (2) Send three copies of the Demand, plus the appropriate filing fee, to: JAMS, 500 North State College Blvd., Suite 600, Orange, CA 92868 (1-800-352- 5267), and (3) Send one copy of the Demand to the other party.
Fees/Costs. Customer will be responsible for their own administration and arbitration filing fees, attorneys’ fees and expenses of travel to the arbitration.
Hearings and Location. If Customer’s claim is for $10,000 or less, Customer may choose to have the arbitration conducted solely on the basis of (1) documents submitted to the arbitrator, (2) through a telephonic hearing, or (3) by an in-person hearing as established by the JAMS Rules. If Customer’s claim exceeds $10,000, the right to a hearing will be determined by the JAMS Rules. Any in-person arbitration hearings will be held at a location in the county (or parish) of TSF’s operations unless Customer and TSF both agree to another location or TSF agrees to a telephonic arbitration
Arbitrator’s Decision. (1) All issues are for the arbitrator to decide, except that issues relating to the scope and enforceability of the arbitration provision are for the court to decide. (2) Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based. (3) The arbitrator’s decision is final and binding on all parties and may be enforced in any federal or state court that has jurisdiction. (4) The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim. (5) CUSTOMER AND TSF AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN CUSTOMER’S OR TSFS’ INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both Customer and TSF agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding. Accordingly, Customer and TSF agree that the JAMS Class Action Procedures do not apply to this arbitration. If this specific provision (5) is found to be unenforceable, then the entirety of this Dispute Resolution agreement shall be null and void.
10. Export Control
This sale concerns products and/or technical data that may be controlled under the U.S. Export Administration Regulations and may be subject to the approval of the U.S. Department of Commerce prior to export. Any export or reexport by Customer, directly or indirectly, in contravention of the U.S. Export Administration Regulations is prohibited. Customer will not ship any products outside the United States without proper authorization. Customer will defend and hold TSF harmless against all claims, damages or liability resulting from breach of the foregoing.
11. Service and Support
Information on support services, contact information for support services and warranty coverage may be found in the products manual. Customer may be charged a fee for repair or diagnosis of issues not covered by the applicable warranty as specified on the Warranty Page.
12. No Assignment
Customer may not assign its rights or obligations under these terms and conditions without the express written consent of TSF.
If any of these terms and conditions are held to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining terms and conditions shall not in any way be affected or impaired thereby.
14. Entire Agreement
These terms of sale constitute the entire and sole agreement between TSF and Customer and supersede all prior agreements, representations, warranties and understandings with respect to the subject matter of these terms.
15. This web site is provided by:
Tin Shark Fountainworks, LLC
245 N. Main St., Suite 100
Springboro, Ohio 45066
Effective January 1, 2015.