Terms & Conditions
1. USE LICENSE
Ballard Industrial, Inc., d/b/a Ballard Industrial ("Ballard Industrial") grants you permission to view and use this website and to print pages from this website for your personal, noncommercial use, provided that you agree to and accept without modification the notices, terms, and conditions set forth herein. You may not modify, copy (except as set forth in the preceding sentence), distribute, transmit, display, reproduce, publish, license, create derivative works from, transfer or sell any information, material, software, products or services from this website.
Your use of this website constitutes your agreement and acceptance without modification of the notices, terms and conditions set forth herein. In addition, as a condition of your use of this website, you represent and warrant that you will not use this website for any purpose that is unlawful, immoral or prohibited by these Terms and Conditions. If you do not agree and accept without modification the Terms and Conditions set forth herein, do not use this website. Other than this agreement and agreements between you and Ballard Industrial relating to the sale of products or services to you through this website, Ballard Industrial will not enter into any agreement with you or obligation to you through this website and no attempt to create such an agreement or obligation will be effective.
2. TRADEMARKS
The trademarks, service marks and logos used and displayed on this website are registered and unregistered trademarks of Ballard Industrial and others. Nothing on this website should be construed as granting, by implication, estoppel or otherwise, any license or right to use any trademark displayed on this website, without the prior written permission of the trademark owner.
3. PRODUCT ORDERS
While we will use our best efforts to fulfill all orders, Ballard Industrial cannot guarantee the availability of any particular product displayed on this website. Ballard Industrial reserves the right to discontinue the sale of any product listed on this website at any time without notice.
Ballard Industrial reserves the right to limit quantities ordered, cancel or withhold shipment on any order, or cancel any customer accounts, all in Ballard Industrial's sole discretion. Ballard Industrial may cancel or withhold shipment of pending orders if Customer's account has a past due balance.
Product prices offered on this website may vary from other advertised prices due to varying conditions in different geographic markets.
The prices displayed on this website are quoted in U.S. dollars and are valid and effective only within the United States. Such prices do not include shipping and handling or sales taxes, if applicable, which will be added to your total invoice price. You are responsible for the payment of any shipping and handling charges and state and local sales or use taxes that may apply to your order.
While our goal is a 100% error-free website, we do not guarantee that any content is accurate or complete, including price information and product specifications. If we discover price errors, they will be corrected on our systems, and the corrected price will apply to your order. Ballard Industrial reserves the right to revoke any stated offer and to correct any errors, inaccuracies or omissions (including after an order has been submitted and accepted).
For further information about purchasing products from Ballard Industrial, please read our Return Policy and Shipping Policy carefully. Those Policies are incorporated into this Agreement by reference and are part of your agreement with Ballard Industrial.
4. LINKS TO THIRD PARTY SITES
This website may contain links to sites owned or operated by parties other than Ballard Industrial. Such links are provided for your reference only. Ballard Industrial does not control outside sites and is not responsible for their content. Ballard Industrial's inclusion of links to an outside site does not imply any endorsement of the material on the site or, unless expressly disclosed otherwise, any sponsorship, affiliation or association with its owner, operator or sponsor, nor does Ballard Industrial's inclusion of the links imply that Ballard Industrial is authorized to use any trade name, trademark, logo, legal or official seal or copyrighted symbol that may be reflected in the linked site.
5. NO WARRANTIES; EXCLUSION OF LIABILITY
BALLARD INDUSTRIAL MAKES NO REPRESENTATION ABOUT THE SUITABILITY OF THE MATERIALS ON THIS SITE FOR ANY PURPOSE. ALL SUCH MATERIALS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. BALLARD INDUSTRIAL SPECIFICALLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND -NON-INFRINGEMENT. BALLARD INDUSTRIAL SHALL HAVE NO LIABILITY OR RESPONSIBILITY FOR ANY ERRORS OR OMISSIONS IN THE CONTENT OF THIS SITE, FOR YOUR ACTION OR INACTION IN CONNECTION WITH THIS SITE OR FOR ANY DAMAGE TO YOUR COMPUTER OR DATA OR ANY OTHER DAMAGE YOU MAY INCUR IN CONNECTION WITH THIS SITE. YOUR USE OF THIS SITE IS AT YOUR OWN RISK. IN NO EVENT SHALL BALLARD INDUSTRIAL, ITS AFFILIATES OR AGENTS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THIS SITE, THE MATERIALS IN THIS SITE, THE DELAY OR INABILITY TO USE THIS SITE OR OTHERWISE ARISING IN CONNECTION WITH THIS SITE, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES.
SOME STATES AND/OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF DIRECT, INDIRECT, INCIDENTAL, SPECIAL AND/OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
6. CONTACTING US
If you have any questions about this agreement, please call us at 1-800-926-0380, email us using this form [ sales.help@ballardindustrial.com ], or write to us at:
Ballard Industrial
4749 Ballard Ave NW
Seattle WA 98107
7. GENERAL
- This agreement and your use of this website are governed by the laws of the State of Washington, United States of America, without regard to its internal provisions on conflict of laws. You hereby consent to the exclusive jurisdiction and venue of the courts, tribunals, agencies and other dispute resolution organizations in Seattle, Washington in all disputes (a) arising out of, relating to, or concerning this website and/or this agreement, (b) in which this website and/or this agreement is an issue or a material fact, or (c) in which this website and/or this agreement is referenced in a paper filed in a court, tribunal, agency or other dispute resolution organization.
- Use of this website is unauthorized in any jurisdiction that does not give full effect to all provisions of this agreement, including without limitation this paragraph and the warranty disclaimers and liability exclusions above. Ballard Industrial has endeavored to comply with all legal requirements known to it in creating and maintaining this website, but makes no representation that materials on this website are appropriate or available for use in any particular jurisdiction. Use of this website is unauthorized in any jurisdiction where all or any portion of this website may violate any legal requirements and you agree not to access this website in any such jurisdiction. You are responsible for compliance with applicable laws. Any use in contravention of this provision or any provision of this agreement is at your own risk and, if any part of this agreement is invalid or unenforceable under applicable law, the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall govern such use.
- You agree that Ballard Industrial may at any time and without notice change the terms, conditions and notices under which this website is offered; however, any change to the terms after your last usage of the website will not be applied retroactively.
- This agreement constitutes the entire agreement between you and Ballard Industrial with respect to this website and the purchases made using this website. This agreement supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and Ballard Industrial with respect to this website. No modification of this agreement shall be effective unless it is authored by Ballard Industrial, Inc. or its affiliates, or unless it is physically signed in blue ink by a Ballard Industrial officer. Any alleged waiver of any breach of this agreement shall not be deemed to be a waiver of any future breach.
- A printed version of this agreement and/or of any notice given by Ballard Industrial or Ballard Industrial in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement or your use of this website to the same extent and subject to the same conditions as other business documents and records originally generated and maintained by Ballard Industrial or Ballard Industrial in printed form.
RETURN POLICY
Ballard Industrial strives to be a flexible and valuable partner to our valued customers. We understand that from time to time customers will need to return product previously purchased. The following policy outlines the company requirements for accepting and processing returned goods.
- New, unopened product purchased from Ballard Industrial within 60 days of return date may be considered for credit or refund. Returned items must be accompanied by the original delivery note, packing list or invoice.
- Returned items must be in their original undamaged and unmarked packaging, and include any documentation (manuals, certifications?) contained in original shipment.
- Non-Returnable items include, but are not limited to; special order items, cut material, altered, etched, painted, discontinued or close-out items. Most repair parts are non-returnable. All items are subject to inspection prior to return authorization. Shipping costs are non-refundable.
- Returns are subject to a re-stocking fee to be determined by Ballard Industrial on a case by case basis. To determine the amount of the restocking fee, please contact Ballard Industrial at sales.help@ballardindustrial.com or call us at 1-800-926-0380.
- Refunds will be made in the form of a credit unless originally purchased by credit card, check or cash. A processing time of up to 14 days may be required for returns of purchases made by check.
SHIPPING TERMS
- Customer is responsible for all shipping charges on items purchased from Ballard Industrial.
- Customer will select a carrier for shipment at checkout, and delivery cost and time will be determined by the carrier's specifications. Customers may also choose to pick up items purchased online in the store for no charge.
- Ballard Industrial shall bear no liability for loss, damage, or delay during shipment. C.O.D. purchases are not offered.
- Ballard Industrial reserves the right to limit quantities ordered, or to cancel or withhold shipment on any order, in its sole discretion. Ballard Industrial may cancel or withhold shipment of pending orders if Customer's account has a past due balance.