Guard Booth Direct

Online Purchase Terms and Conditions

Welcome to the Guard Booth Direct (hereinafter “Company,” “We,” “Us” or “Our”) website (“Website”).   These Online Purchase Terms and Conditions set forth legally binding terms and conditions, and together with the general Website Terms of Use accessible at www.guardboothdirect.com (“General Terms of Use”), govern the use of the Website and contain all of the terms and conditions relating to any purchases of products you may make through Our Website from time to time (each such purchase being an “Online Purchase”).  PLEASE READ THESE ONLINE PURCHASE TERMS AND CONDITIONS CAREFULLY.  BY PLACING AN ORDER YOU EXPRESSLY AGREE TO THESE ONLINE PURCHASE TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO ALL THE TERMS AND CONDITIONS SET FORTH IN THESE ONLINE PURCHASE TERMS AND CONDITIONS YOU MAY NOT PURCHASE PRODUCTS FROM US USING OUR WEBSITE.  IN THE EVENT ANY PROVISIONS OF THESE ONLINE PURCHASE TERMS AND CONDITIONS CONFLICT WITH ANY PROVISIONS OF THE GENERAL TERMS OF USE, THE PROVISIONS OF THESE ONLINE PURCHASE TERMS AND CONDITIONS SHALL CONTROL. 

 

  1. Privacy Policy; Additional Terms. These Online Purchase Terms and Conditions include the terms and conditions set forth in this document as well as Our privacy policy, located at guardboothdirect.com (“Privacy Policy”), as it may be modified from time to time.  Certain areas of the Website and product offerings may be subject to additional terms and conditions posted by Us on the Website or otherwise made available by Us to you.  Your access to and use of the Website and purchase of Our products is conditioned upon your acceptance of such additional terms and conditions.
  2. Changes to these Online Purchase Terms and Conditions. We reserve the right to amend these Online Purchase Terms and Conditions from time to time.  Any amendments shall be effective when posted by Us on the Website or when otherwise made available to you.  Your purchase of products through Our Website after We have modified these Online Purchase Terms and Conditions shall signify your acceptance of the amended terms.  It remains your responsibility to review these Online Purchase Terms and Conditions regularly to ensure that you are updated as to any changes. Any additional or different terms or conditions set forth in any documentation other than this Online Purchase Terms and Conditions (including any acknowledgements, confirmations, emails or otherwise, whether online, by telephone or otherwise) shall not bind Us unless We expressly agree in writing making specific reference to the Online Purchase Terms and Conditions. ALL ONLINE PURCHASES THROUGH THE WEBSITE ARE SUBJECT TO THE ONLINE PURCHASE TERMS AND CONDITIONS IN EXISTENCE AT THE TIME OF THE SALE.

 

  1. Purpose. The Website is developed, hosted, and maintained by or on behalf of the Company to enable Our customers to purchase Company products online.
  2. All prices are quoted in US dollars and are subject to change by Company without notice to you. Company is not responsible for typographical errors. In the event a product is listed at an incorrect price or with incorrect information due to typographical error or error in pricing or product information, Company shall have the right to refuse or cancel any order placed for products listed at the incorrect price. Company shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit or debit card charged. Prices do not include any present or future sales, use, excise, value-added or similar taxes, which, where applicable, shall be paid by you and exclude any shipping costs and delivery charges which, unless otherwise agreed by Us in writing, will be paid by you. Applicable sales taxes and shipping charges will be stated separately at the time of checkout when placing your order.
  3. Order Acceptance. Your receipt of an electronic or other form of order confirmation does not signify Our acceptance of your order, nor does it constitute confirmation of Our offer to sell. We reserve the right at any time after receipt of your order to accept or decline your order for any reason.
  4. Payment.
    • Credit or Debit Card Payment.
      • We accept the following methods of payment: Visa, MasterCard, and Discover. Payment is due in full for all products purchased online via credit or debit card when an order is placed. Payment must be completed with a valid credit or debit card. By submitting your payment information to Us, or through a third party provider acting on Our behalf, you authorize Us to charge the full amount due on your credit or debit card. This complete total will include all purchase fees (if any), shipping charges and taxes.
      • You warrant that you have the necessary rights to use your or your company’s credit and/or debit card and that you are fully authorized to use it to pay for the Online Purchase. You also warrant that this card gives access to sufficient funds corresponding to the amount of the Online Purchase.  Failing this, Company reserves the right to cancel your order.
      • Company uses a secure payment method. Consequently, it cannot be held liable for any fraudulent or improper use of your means of payment, over which We have no control. The credit card details provided when the Online Purchase is placed are protected, and will be sent through a third-party credit or debit card processing company directly to the bank responsible for managing the payments. We retain none of your credit or debit card account information. Payments are made through a secure server with SSL encryption, in order to guarantee complete transaction security.
  1. We only ship to the 48 contiguous states and Washington, D.C. All shipments are FOB Origin (as defined in the Missouri Uniform Commercial Code), Freight Prepaid and Add. You assume title and control of the goods the moment the freight carrier signs the bill of lading, and assumes all risk of transportation. You are responsible for filing freight claims for loss or damage, if any.
  2. Cancellations and Refunds. Any order may be cancelled for a full refund if the cancellation is made within twenty four (24) hours from placement of your order. Any cancellations made after twenty four (24) hours from placement of your order will not result in any refund and you will be responsible for the full amount of the Online Purchase. All cancellations must be completed by contacting cancellations@guardboothdirect.com.

 

  1. Damaged Product. You shall have twenty four (24) hours from the date you receive any products to inspect such products for defects and nonconformance (which are not due to damage, shortage or errors in shipping) and notify Company, in writing, of any defects, nonconformance or rejection of such products and include photographic evidence of any such damage, defect or non-conformance. If you do not notify Company within such twenty four (24) hour period, you shall be deemed to have irrevocably accepted the products. After such acceptance, you shall have no right to reject the products for any reason or to revoke acceptance. The sole and exclusive remedy for products alleged to be defective in workmanship or material will be the replacement of the products, subject to the Company’s inspection and its limited warranty, or, at Our sole option, We may refund to you the price paid to Us by you for the defective item(s). We will not be responsible for the removal, delivery or return of a damaged or defective product, but will refund you the shipping costs associated with such return. Damaged or defective products must be shipped in original packaging unused. Company inspects all returns and reserves the right to refuse repair, replacement or refunds depending on the damage claimed.  A refund or product repair/replacement will be arranged after such inspection by Us.  Commercially reasonable efforts will be made by Us to process refunds, if any, (a) on a debit card, and/or (b) to the original credit card within 90 days. Any amount refunded or credited will be reduced by the pro rata amount of other discounts, credits or other dollar-off promotions used toward the purchase.
  2. Restrictions on Resale. You represent and warrant that you will not resell, ship or transfer, directly or indirectly, any of the products covered by these Online Purchase Terms and Conditions, or any technical data applicable thereto, to third parties located in countries to which such resale, shipment or transfer is prohibited by applicable provisions of the United States Export Control Regulations, Trading With the Enemy Act, the Patriot Act or any law or regulation similar to the foregoing.
  3. You agree to indemnify, defend and hold Company, its shareholders, directors, officers, employees, agents, affiliates, successors, assigns and suppliers harmless from and against any and all claims, demands, actions, damages, liabilities, losses, fines, penalties, judgments, awards, settlements, costs and expenses (including reasonable attorneys’ fees and legal costs) arising out of or resulting in whole or in part from your violation of these Online Purchase Terms and Conditions, your misuse of the Website, your violation of any General Terms of Use and/or Privacy Policy, or your actual or alleged violation of any applicable law or the rights of another person or entity.
  4. The workmanship and material on all Guard Booth Direct.com products are guaranteed to be free from manufacturing defect for a period of one (1) year from the date of shipment.  Thru-wall HVAC units are considered a “buy-out” item and shall be covered separately under the manufacturer’s warranty. Except as expressly stated herein, the Company makes no representations and disclaims all warranties of any kind, express or implied, relative to any products which may be sold by Company through the Website, and to the extent that Company provides any advice or other assistance with respect to any products, the furnishing of such advice or assistance will not subject Company to any liability, whether in contract, warranty, tort (including negligence), or otherwise. Company assumes no post-sale technical support or warranty repair obligations with respect to such products. EXECEPT AS EXPRESSLY SET FORTH HEREIN, NEITHER COMPANY NOR ANY PERSON ON COMPANY’S BEHALF HAS MADE OR MAKES ANY EXPRESS OR IMPLIED REPRESENTATION OR WARRANTY WHATSOEVER, EITHER ORAL OR WRITTEN, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS, WHETHER ARISING BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE OR OTHERWISE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED, AND, EXECEPT AS EXPRESSLY SET FORTH HEREIN, ALL PRODUCTS ARE SOLD “AS IS”. FURTHERMORE, COMPANY ALSO DISCLAIMS ANY LIABILITY FOR CLAIMS ARISING OUT OF PRODUCT MISUSE, IMPROPER PRODUCT SELECTION, PRODUCT MODIFICATION, MISREPAIR OR MISAPPLICATION. FINALLY, COMPANY MAKES NO REPRESENTATION OR WARRANTY THAT ANY PRODUCTS PROVIDED HEREUNDER COMPLY WITH THE REQUIREMENTS OF THE UNITED STATES OCCUPATIONAL SAFETY AND HEALTH ACT, THE CONSUMER PRODUCTS SAFETY ACT, OR ANY OTHER FEDERAL, STATE OR LOCAL STATUTE OR ORDINANCE OR THE RULES AND REGULATIONS ISSUED THEREUNDER. YOU ACKNOWLEDGE THAT YOU HAVE NOT RELIED UPON ANY REPRESENTATION OR WARRANTY MADE BY COMPANY, OR ANY OTHER PERSON ON COMPANY’S BEHALF.

 

  1. Accuracy of Website and Online Catalog. The product information, specifications, and descriptions contained on Company’s Website and its online catalog have been compiled for the use and convenience of the customers of Company. Company does not accept any responsibility for the accuracy or correctness of any description, calculations, specification or information contained therein which is provided to Company by third parties with respect to products which may be manufactured or provided by such third parties. Company is selling the products illustrated and described on the Website on an “as is” basis and subject to the warranty terms set forth in these Online Purchase Terms and Conditions.

 

  1. Limitations on Liability. IN NO EVENT SHALL COMPANY OR ITS SUPPLIERS BE LIABLE TO YOU OR ANYONE ELSE FOR ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE, OR SIMILAR DAMAGES (INCLUDING WITHOUT LIMITATION LOST BUSINESS, LOST PROFITS, DAMAGE TO OR LOSS OF DATA, OR OTHER PECUNIARY LOSS) ARISING OUT OF OR RELATED TO THESE ONLINE PURCHASE TERMS AND CONDITIONS, THE WEBSITE, THE PRODUCTS, SERVICES OR INFORMATION AVAILABLE ON OR THROUGH THE WEBSITE, ANY DECISION MADE OR ACTION TAKEN BY YOU IN RELIANCE THEREON, OR ANY FORCE MAJEURE EVENT, ACTS OF OMISSIONS OR OTHER USERS OR THIRD PARTIES, OR OTHER OCCURRENCE OUTSIDE OF OUR REASONABLE CONTROL.  THE TOTAL CUMULATIVE LIABILITY OF COMPANY AND ITS SUPPLIERS ARISING OUT OF OR RELATED TO THESE ONLINE PURCHASE TERMS AND CONDITIONS, THE GENERAL TERMS OF USE, THE WEBSITE AND THE PRODUCTS, SERVICES AND INFORMATION AVAILABLE ON OR THROUGH THE WEBSITE SHALL NOT EXCEED THE PURCHASE PRICE PAID BY YOU TO COMPANY FOR THE PRODUCT IN THE TWELVE (12) MONTHS PRIOR TO THE ACCRUAL OF THE FIRST SUCH CLAIM OR TEN DOLLARS ($10), WHICHEVER IS GREATER.  THE LIMITATIONS ON LIABILITY IN THIS SECTION SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, INDEMNITY OR OTHERWISE, AND EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.  THE EXISTENCE OF MORE THAN ONE CLAIM OR SUIT WILL NOT EXPAND THIS LIMITATION.  THESE LIMITATIONS ON LIABILITY ARE AN ESSENTIAL PART OF THESE ONLINE PURCHASE TERMS AND CONDITIONS, AND SHALL BE VALID AND BINDING EVEN IF ANY REMEDY IS DEEMED TO FAIL OF ITS ESSENTIAL PURPOSE.  CERTAIN STATES DO NOT ALLOW THE DISCLAIMER OF CERTAIN WARRANTIES OR TYPES OF DAMAGES, AND SO SUCH DISCLAIMERS MAY NOT APPLY TO YOU.
  2. Force Majeure. Company shall not be liable for any delay in or impairment of performance resulting in whole or in part from fire, floods or other catastrophes, strikes, lockouts or labor disruption, wars, riots or embargo delays, government allocations or priorities, mill conditions shortages of transportation equipment, fuel, labor or materials, inability to procure supplies or raw materials, severe weather conditions, or any other circumstance or cause beyond the control of Company in the reasonable conduct of its business.
  3. The Miscellaneous provisions set forth in Article VIII of the General Terms of Use are incorporated herein by this reference.

 

If you have questions about the Website or these Online Purchase Terms and Conditions, please contact us by email at sales@guardboothdirect.com.