BY VISITING, BROWSING, SHOPPING, ACCESSING OR
OTHERWISE USING THIS WEB SITE (THE "SITE") OPERATED BY Quad Controls, Inc. YOU AGREE
TO BE BOUND BY THESE TERMS AND CONDITIONS.
Important Information About This Legal
Contract You agree to this User Agreement, and
all of its terms and conditions, by visiting, browsing, shopping, accessing or
otherwise using the Site. These terms and conditions are subject to change
without prior notice at any time, in Quad Controls, Inc.'s sole discretion. By
visiting, browsing, shopping, accessing or otherwise using the Site after a
change has been posted to the Site, the Customer accepts that change. Customers
should check this User Agreement and the Privacy Pledge frequently
Acceptance of Contract Terms This User Agreement, and all of its terms and conditions,
constitute a legal contract between you and Quad Controls, Inc. (References to "you"
or "your" shall relate to a customer of Quad Controls, Inc. or other party that
visits, browses, shops, accesses or otherwise uses the Site (the "Customer");
references to "Quad Controls, Inc." shall relate to Quad Controls, Inc. and its affiliates.)
By visiting, browsing, shopping, accessing or otherwise using this site
("Site"), you acknowledge that you have read, understood, and agree to be bound
by this User Agreement and comply with all applicable laws and regulations,
including U.S. export and re-export control laws and regulations. If you do not
agree to this User Agreement, as it may be changed by Quad Controls, Inc. from time to
time, do not use this Site. The material provided on this Site is protected by
law, including, but not limited to, United States copyright law and
international treaties. This Site is controlled and operated by Quad Controls, Inc.
from its offices within the United States. Quad Controls, Inc. makes no representation
that materials in the Site are appropriate or available for use in other
locations, and access to them from territories where their contents are illegal
is not authorized. 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 NV
without regard to conflict of law rules. You consent to jurisdiction of the
federal and state courts located in CLARK COUNTY, NV to hear any such
claims.
Access, Interference and Linking Quad Controls, Inc. grants you a limited license to access and make
personal use of the Site and not to download (other than page caching) or modify
it, or any portion of it, except as provided below under "Use Restrictions," or
with express written consent of Quad Controls, Inc.. The following activity on the
Site is expressly prohibited: Any non-personal or commercial use of any robot,
spider, other automatic device, or manual process to monitor or copy portions of
the Site or the content contained herein without prior written permission by
Quad Controls, Inc.; collection or use of any product listings, descriptions, or
prices, from the Site for the benefit of another merchant that supplies products
competitive with or comparable to those offered on the Site; and, Any use of,
visits to, or other action that imposes an unreasonable or disproportionately
large load on the Site, or otherwise interferes with its proper and timely
functioning.
Any unauthorized use terminates the license granted by
Quad Controls, Inc.. You are granted a limited, revocable, and nonexclusive right
to create a hyperlink to the home page of the Site so long as the link does not
portray Quad Controls, Inc., its affiliates, or their products or services in a false,
misleading, derogatory, or otherwise offensive matter. You may not use any
Quad Controls, Inc. logo or other proprietary graphic or trademark as part of the link
without express written permission. Quad Controls, Inc. does not review or control
third-party sites that link to or from the Site, and is not responsible for the
contents of any third-party sites linked to or from the Site.
Microsoft and the Passport Logo are either registered
trademarks or trademarks of Microsoft Corporation in the United States and/or
other countries and are used under license from Microsoft.
Limitation of Liability UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO,
NEGLIGENCE, SHALL Quad Controls, Inc. BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL,
INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOSS OF DATA
OR PROFIT, ARISING OUT OF THE USE, OR THE INABILITY TO USE, THE MATERIALS ON
THIS SITE, EVEN IF Quad Controls, Inc. OR A Quad Controls, Inc. AUTHORIZED REPRESENTATIVE
HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOUR USE OF MATERIALS
FROM THIS SITE RESULTS IN THE NEED FOR SERVICING, REPAIR OR CORRECTION OF
EQUIPMENT OR DATA, YOU ASSUME ANY COSTS THEREOF. SOME STATES DO NOT ALLOW THE
EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE
LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
Arbitration By
accessing the Site and using the information therein available and/or by
purchasing any products or services made available through this Site, you agree
with Quad Controls, Inc., its service providers, agents, employees, successors,
assigns, affiliates, parents, subsidiaries and any content provider or offer or
of goods or services on this Site or through any other associated activity, that
ANY CLAIM OR DISPUTE UNDER THE USER AGREEMENT AND ANY CLAIM OR DISPUTE THAT YOU
MAY HAVE AGAINST ANY OF THESE PERSONS OR ENTITIES, WHETHER RELATED TO THE
DESCRIBED TRANSACTIONS OR OTHERWISE, INCLUDING THE ENFORCEABILITY OF THIS
ARBITRATION AGREEMENT, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING
ARBITRATION under the Code of Procedure of ARBITRATION-FORUM.COM (the "Code") in
effect at the time the claim is filed. The Code is available at
http://www.arbitration-forum.com or can be obtained by calling 1-800-753-9448.
Notwithstanding any choice of law provision included in this User Agreement,
this arbitration agreement is subject to the Federal Arbitration Act (9 U.S.C.
§§ 1-16) and the New York Convention on the Enforcement of Arbitration Awards (9
U.S.C. §§ 201-208 or as codified in the jurisdiction where enforcement of the
award is sought). Hearings shall be held as provided by the Code and if any
In-person Hearing is required, it shall be held in Henderson, NV. Each party
shall bear its own cost of any legal representation, discovery, or research
required to complete arbitration.
Privacy Please
review our Privacy Notice, which also governs your visit to this Site. You
are responsible for maintaining the confidentiality of your account and password
and for restricting access to your computer, and you agree to accept
responsibility for all activities that occur under your account or password. If
you are under 18, you may use the Site only with a parent or guardian.
Quad Controls, Inc. reserves the right to refuse service, terminate accounts, remove
or edit content, or cancel orders in its sole discretion.
Communications to Quad Controls, Inc. Any communication or material you transmit to the Site by
electronic mail or otherwise, including any data, questions, comments,
suggestions, or the like is, and will be treated as, non-confidential and
non-proprietary. Anything you transmit or post may be used by Quad Controls, Inc. for
any purpose, including but not limited to reproduction, disclosure,
transmission, publication, broadcast, and posting. Furthermore, Quad Controls, Inc. is
free to use any ideas, concepts, know-how, or techniques contained in any
communication you send to Quad Controls, Inc. or the Site for any purpose whatsoever,
including but not limited to developing, manufacturing and marketing products
using such information.
Copyright Complaints If you believe that your work has been copied in a way that
constitutes copyright infringement, please
contact: Quad Controls, Inc. 2580 Anthem Village Dr. Henderson NV, 89052 Phone:
800-922-7823 Fax: 800-922-0378 Email: info@quadcontrols.com
Disagreement with These Terms and
Conditions If you disagree with any of the
terms and conditions of this User Agreement, please do not visit, browse, shop,
access or otherwise use this Site.
PLEASE READ THESE TERMS AND CONDITIONS OF SALE
("SALE AGREEMENT") VERY CAREFULLY.
THE CUSTOMER AGREES TO BE BOUND BY THIS SALE
AGREEMENT AND ACCEPTS ITS TERMS AND CONDITIONS (UNLESS THE CUSTOMER HAS SIGNED A
SEPARATE FORMAL PURCHASE AGREEMENT WITH Quad Controls, Inc.. IN WHICH CASE THE
SEPARATE AGREEMENT SHALL GOVERN).
Important Information About This Legal
Contract This Sale Agreement is a legal
contract between the Customer and Quad Controls, Inc.. The Customer accepts this Sale
Agreement by making a purchase, placing an order, or otherwise shopping on the
Site. (References to "you" or "your" shall relate to the Customer; references to
"Quad Controls, Inc." shall relate to Quad Controls, Inc. and its affiliates.) The terms and
conditions of this Sale Agreement are subject to change without prior notice,
except that the terms and conditions posted on the Site at the time the Customer
initially places or modifies an order will govern the order in
question.
This Sale Agreement constitutes the entire agreement
between the Customer and Quad Controls, Inc. relating to the purchase or sale of goods
or services on the Site. The Sale Agreement may only be modified or terminated
with regard to goods or services that have been purchased or sold on the Site in
a writing signed by Quad Controls, Inc.. Electronic records (including signatures),
that are otherwise valid, shall be accepted under the Sale Agreement. The
Customer consents to receiving electronic records, which may be provided via a
web browser or e-mail application connected to the Internet; consumers may
withdraw consent to receiving electronic records or have the record provided in
non-electronic form by contacting Quad Controls, Inc. at the address provided
below.
In the event of any conflict between the terms and
conditions stated on your purchase order and this Sale Agreement or any terms
and conditions on our invoice, you agree that the provisions of this Sale
Agreement and our invoice shall control.
Governing Law THIS AGREEMENT AND ANY SALES HEREUNDER SHALL BE GOVERNED BY THE
LAWS OF THE STATE OF NV, WITHOUT REGARD TO CONFLICTS OF LAWS RULES. THE
CUSTOMER CONSENTS TO THE JURISDICTION OF THE FEDERAL OR STATE COURTS LOCATED IN
CLARK COUNTY, NV FOR PURPOSES OF ANY SUIT, ACTION OR PROCEEDING ARISING OUT OF
THIS SALE AGREEMENT.
Title; Risk of Loss Title to goods herein being purchased is retained by the seller
until goods are paid for by the purchaser and at that time title passes to the
purchaser. Loss or damage that occurs during shipping by a carrier selected by
Quad Controls, Inc. is Quad Controls, Inc.'s responsibility. Loss or damage that occurs
during shipping by a carrier selected by Customer is Customer's responsibility.
Title to software will remain with the applicable licensor(s).
Export Sales If
goods herein being purchased are being purchased for purposes of export, the
Customer must obtain from the federal government certain export documentation
before shipping to a foreign country. In addition, manufacturers' warranties for
exported goods may vary or even be null and void for goods exported outside the
United States. The Customer should inquire further regarding any questions. Any
and all liability is only for the products purchased.
General Legal Disclaimer Quad Controls, Inc. HEREBY EXPRESSLY DISCLAIMS ALL WARRANTIES EITHER
EXPRESSED OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF
MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THIS DISCLAIMER BY
Quad Controls, Inc. IN NO WAY AFFECTS THE TERMS OF THE MANUFACTURER'S WARRANTY, IF
ANY.
Internet Disclaimer Internet connectivity requires access services from an Internet
access provider. Contact your local access provider for rates, terms and
conditions.
56K Disclaimer 56K modems are capable of 56Kbps downloads, however, current
regulations limit download speed to 53Kbps.
Third-Party Product and Y2K
Disclaimer All products sold by Quad Controls, Inc.
are third party products and are subject to the warranties and representations
of the applicable manufacturers, including but not limited to Y2K compliance.
Accordingly, Quad Controls, Inc. makes no representation or warranty with respect to
the Y2K compliance of products sold.
Pricing and Information
Disclaimer All pricing subject to change. For
all prices, products and offers, Quad Controls, Inc. reserves the right to make
adjustments due to changing market conditions, product discontinuation,
manufacturer price changes, errors in advertisements and other extenuating
circumstances. High volume bids are welcome! While Quad Controls, Inc. uses
reasonable efforts to include accurate and up-to-date information on the Site,
Quad Controls, Inc. makes no warranties or representations as to the Site's accuracy.
Quad Controls, Inc. assumes no liability or responsibility for any errors or omissions
in the content on the Site.
Limitation of Liability Quad Controls, Inc. WILL NOT BE LIABLE FOR LOST PROFITS, LOSS OF
BUSINESS OR OTHER CONSEQUENTIAL, SPECIAL, INDIRECT, OR PUNITIVE DAMAGES, EVEN IF
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY THIRD PARTY
EXCEPT AS EXPRESSLY PROVIDED HEREIN. Quad Controls, Inc. WILL NOT BE LIABLE FOR
PRODUCTS OR SERVICES NOT BEING AVAILABLE FOR USE OR FOR LOST OR CORRUPTED DATA
OR SOFTWARE. CUSTOMER AGREES THAT FOR ANY LIABILITY RELATED TO THE PURCHASE OF
PRODUCTS OR SERVICES, Quad Controls, Inc. IS NOT LIABLE OR RESPONSIBLE FOR ANY AMOUNT
OF DAMAGES ABOVE THE AGGREGATE DOLLAR AMOUNT PAID BY CUSTOMER FOR THE
PURCHASE(S) UNDER THIS AGREEMENT.
Arbitration ANY
CLAIM, DISPUTE, OR CONTROVERSY (WHETHER IN CONTRACT, TORT, OR OTHERWISE, WHETHER
PREEXISTING, PRESENT OR FUTURE, AND INCLUDING STATUTORY, COMMON LAW, INTENTIONAL
TORT AND EQUITABLE CLAIMS) arising from or relating to this Sale Agreement, its
interpretation, or the breach, termination or validity thereof, the
relationships which result from this Sale Agreement (including, to the full
extent permitted by applicable law, relationships with third parties who are not
signatories to this Sale Agreement), Quad Controls, Inc.'s advertising, or any related
purchase SHALL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION
ADMINISTERED BY THE NATIONAL ARBITRATION FORUM (NAF) under the Code of Procedure
of ARBITRATION-FORUM.COM (the "Code") in effect at the time the claim is filed.
The Code is available at http://www.arbitration-forum.com or can be obtained by
calling 1-800-753-9448. Notwithstanding any choice of law provision included in
this Sale Agreement, this arbitration agreement is subject to the Federal
Arbitration Act (9 U.S.C. §§ 1-16) and the New York Convention on the
Enforcement of Arbitration Awards (9 U.S.C. §§ 201-208 or as codified in the
jurisdiction where enforcement of the award is sought). Hearings shall be held
as provided by the Code and if any In-person Hearing is required, it shall be
held in Henderson, NV. Judgment on the award rendered by the arbitrator(s) may
be entered by any court having jurisdiction. Each party shall bear its own cost
of any legal representation, discovery, or research required to complete
arbitration.
Orders; Payment Terms; Interest;
Taxes Orders are not binding upon Quad Controls, Inc.
until accepted by Quad Controls, Inc.. Terms of payment are within Quad Controls, Inc.'s
sole discretion. Invoices are due and payable within the time period noted on
the invoice, measured from the date of the invoice. Quad Controls, Inc. may invoice
parts of an order separately. Customer agrees to pay interest on all past-due
sums at the highest rate allowed by law. The Customer is responsible for sales
and all other taxes associated with the order.
Freight Policy Shipping and handling charges on all orders vary; contact your
Quad Controls, Inc. account manager for our most current and competitive rates,
options and shipping specials. For the Customer's protection, we ship only to
the verified billing address of the Customer's credit card. In some
circumstances, international shipping may be available. Call for details.
Return Policy
RETURN / RMA GUIDLINES: (FOR NEW
AND UNUSED RETURNS)
(1) Returns must be in new ,
unopened, unused condition
with all the original paperwork, instructions and sent back within the allowed 14
day from received return period. (*some items and special orders are non
returnable)
(2) Repair Parts, Replacement
Parts & Radio Controls including but not limited to Receivers,
Transmitters, Wireless keypads, other wireless devices and remotes are not
returnable for any reason (NO
EXCETIONS)
(3) Returns must be placed
securely in a separate packaging box when returningto Quad Controls to protect
original product packaging from any damage during shipping. (if not placed
in separate box or original packaging is missing or damaged the return
will not be approved)
(4) Quad Controls is not liable
for any lost or damaged return packages, Customer should purchase
insurance or additional tracking options to verify safe return of the
package.
(5) Customer is responsible for
all shipping related cost, Quad Controls will not pay any shipping costs
or refund any shipping fees for any reason. Customer is responsible for
any shipping fees to and from the customers
address.
(6) Return shipping labels are
not provided for any reason, Quad Controls will help you locate a local
UPS, FEDEX or USPS near you if requested (800) 411-9226
(7) No return will be accepted
without an approved RMA number from Quad Controls sent to customer by
email or after the allowed return period, any returns sent to Quad
Controls without an RMA will require additional shipping charges and a
5.99 processing fee that must be pre-paid by customer to return
the package and no refund will be made, if no arrangements are made to
return the non approved package within 30 day from time of delivery to
Quad Controls then the package will be disposed of with no refund to
customer.
(8) All returns are subject to a
minimum of 25% restocking fee, all Shipping fees are non refundable and
deducted from refund amount, customer is responsible for any and all
return shipping fees. RMA #'s will expire if not used or return package
has not been shipped within 3 business days from the date the RMA # was
issued.
(9) If return package is lost,
damaged or any problems during shipping then customer will be required to
file a claim and go through the shippers claims department for any
recovery of damages.
(10) All returns are subject to
final inspection and approval by Quad Controls before any refunds are
made, if the return does not conform to the guidelines above, not in new
and unused conditions, was not placed in separate packaging to protect the
original packaging or damaged in any way then your return will not be
approved and Customer will be responsible for any return shipping related
fees back to Customer. Some returns may require manufacturer inspection
and that process could take up to 10 business days before your return is
approved or denied, refunds are normally issued by company check or by
refunding the credit card used originally at time of order and can take up
to 5 business days once approved for Quad Controls to process the refund.
*non returnable items include but
are not limited to repair parts, replacement parts radio controls,
receivers, wireless devices and special order
items.
•
PLEASE INSPECT YOUR PACKAGES UPON RECEIPT. ANY
DAMAGES OR MISSING ITEMS MUST BE REPORTED TO US WITHIN 3 BUSINESS
DAYS OF RECEIPT OF PACKAGE by Email or FAX to assure that correct parts
are sent out right away. Email: info@quadcontrols.com It is very
IMPORTANT that you read the instructional manual provided with your items,
prior to installation. Once you have installed an item, it is no longer
eligible for a REFUND! Therefore, if you are experiencing technical
difficulties, you may email info@quadcontrols.com to request
assistance with locating the contact information of the Manufacturers tech
Support if available. Quad Controls, Inc. is not responsible for
contacting the Manufacturer for the Customer; however, Quad Controls, Inc.
may chose to help in any way possible to expedite any issue the customer
is having. Quad Controls, Inc. is solely a distributor of gate
openers/operators and is not responsible for an imperfect installation. "A
FAULTY INSTALLATION DOES NOT IMPLY THAT AN ITEM IS DEFECTIVE" Professional
assistance (someone who is licensed and has experience) should be sought
if you are still experiencing difficulties after you have troubleshot with
one of the Manufacturers technicians. However, that is at the customers'
discretion and not reimbursable in any way by Quad Controls,
Inc.
Items are sold with the Manufacturer's warranty only (please
refer back to your Instruction Manual for specific warranty information).
However, please keep in mind that the Warranty only covers Manufacturer's
Defects NOT PARTS THAT WERE BURNED DURING A FAULTY INSTALLATION, NATURAL
DISASTERS OR BY MOTHER NATURES CREATURES. If you need to send an item back
for inspection, keep in mind that if nothing is found defective, the
Customer will need to cover the shipping charges both ways. NO Credits
will be given on "USED" Merchandise or after 14 days of purchase. BUYERS
MUST OBTAIN A RETURN AUTHORIZATION - ("RMA") PRIOR TO RETURNING ANY ITEMS!
Proof of purchase of the product (such as a copy of the Sales Receipt) is
required before an RMA can be issued. Credits will ONLY be made within 14
days of purchase and will incur a 25% RESTOCKING FEE (we only offer
exchanges if the merchandise is un-used & still in the original
package). Buyer must return the item in the same condition that we shipped
it in, including original packaging so that we may re-sell the item. If
item is not in its original packaging, we will not accept the item! Return
shipping must be prepaid by Buyer, no exceptions! Keep in mind that if
Quad Controls, Inc. or the Manufacturer does not find the part you are
sending back to be defective, then the Customer will pay to have the item
shipped back to them.
No items will be accepted and NO Credit will
be issued for any Item returned without an "RMA" number and authorization.
If any item is returned without an "RMA" number it will be the customer's
responsibility to arrange shipping or pick the unauthorized items back up.
After 30 days the unauthorized items will be disposed of if not arranged
to be shipped or picked up by the customer. Any Custom/Special Ordered
items are non refundable, not limited to but includes some Openers, some
Remotes, Entry Systems Spikes Strips, Parking Controls and parts.
Shipping Fees: Quad Controls, Inc. does not refund or Credit any
Shipping Fees to Buyer.
Radio Controls and Parts and non-returnable for any reason, no
exceptions will be made.
Policy on selected items based on manufacturer return policies. For
further information not listed, please contact your Quad Controls, Inc. account
manager.
•
Please call 800-922-7823 or
e-mail our Returns Department at info@quadcontrols.com to obtain a Return
Merchandise Authorization (RMA) number before shipping your product. NO
returns of any type will be accepted without an RMA number. For faster
service, please have the following information on hand when calling for an
RMA number: customer name, invoice number, serial number and nature of the
problem.
•
All products returned MUST:
be 100 percent complete, contain ALL original boxes and packing materials,
have original UPC codes on the manufacturer boxes, contain all manuals,
blank warranty cards and other accessories and documentation provided by
the manufacturer.
•
You are responsible for
shipping charges on returned items; Quad Controls, Inc. will match your shipping
method on your replacement or exchange item(s).
•
Quad Controls, Inc. strongly
recommends you fully insure your return shipment in case it is lost or
damaged and you use a carrier that can provide you with proof of delivery
for your protection.
•
If merchandise arrives
damaged: it is best to REFUSE it back to the carrier attempting delivery.
If you accept the package make sure it is noted on the carrier's delivery
record in order for Quad Controls, Inc. to file a damage claim. Save the
merchandise AND the original box and packing it arrived in, notify
Quad Controls, Inc. immediately to arrange for a carrier inspection and a pickup
of damaged merchandise. If you do not notify Quad Controls, Inc. of damaged
goods within the first 3 days of arrival, our regular return policy will
override any claim of damage, and will fall under all current manufacturer
restrictions. Call 800-922-7823 or your Quad Controls, Inc. account manager to
arrange for carrier inspection and a pickup of damaged merchandise.
•
DEFECTIVE returns can be
returned directly to Quad Controls, Inc. within 14 days from the invoice date,
at Quad Controls, Inc.'s discretion for: replacement, exchange or repair.
Returns will only be accepted for replacement, exchange or repair if the
Manufacture agrees to replace, exchange or repair the product. Quad
Controls, Inc. does not refund any shipping costs nor will Quad Controls,
Inc. pay any Shipping related fees related to the replacement, exchange or
repair of the product. Quad Controls, Inc. is not liable for any hardship
caused by he product
•
Manufacturer restrictions
do apply and are outlined in our detailed policy. Any item that is missing
the UPC can ONLY be replaced with the same item. After 0 days,
all manufacturers' warranties apply.
•
NON-DEFECTIVE returns can
be accepted directly by Quad Controls, Inc. within 14 days from the invoice
date, at Quad Controls, Inc.'s discretion for: credit, exchange. All
NON-DEFECTIVE returns are subject to a 30 percent restocking
fee.
•
Radio Controls and Parts and non-returnable for any reason, no
exceptions will be made.
Credit Cards Credit card charges are processed online after ordering the
products and/or services.
